What’s Included
Ground transportation is included, as are wetsuits, snorkel gear, snorkel vests, towels, private bathrooms, private fresh-water showers, and reef-friendly sunscreen. Life jackets and safety gear are always available.

An onboard chef prepares meals which are included. We provide an array of beverages, including beer, snacks, and an Open Bar. There are excellent areas to lie out on board and enjoy your cruise. A trip to the Sea Lion colony of San Rafaelito is included. For service quality reasons, we self-restrict guest count to below our licensed capacity unless, weather or government regulators cancel a tour that requires us to include those guests that were previously delayed. In any event, we do NOT exceed our licensed capacity.

We provide a large and spacious sailing catamaran for this activity. If needed, we redirect guests to other of our licensed yachts, if needed for maintenance, repairs, etc. About 95% of the whale shark encounters are done with the catamaran. Each yacht comes with a licensed, certified snorkel boat, licensed captain, and a marine biologist or certified licensed guide.

Success Rate
Baja Charters has operated the PREMIER whale shark encounter for fourteen years with an almost perfect track record PROVIDING the port was open and government regulators did not prevent access to the whale shark feeding zone.

Season & Regulation
The legal whale shark season is October 1st through April 30th. Regulators are now pre-assigning advance reservation for entry to the whale shark park. Semarnat, the environmental agency of Mexico, and Conanp, the National Park Service, restrict the number of swimmers in the water with a single whale shark to five at one time, plus a certified guide. The whale shark feeding area became a national park in 2019. The park is tightly regulated. Time in the whale shark park is limited to three hours early morning, or two hours later in the day. Licensed snorkel boats are allowed only one entry per day.

Whale Shark Activity
Swimming with whale sharks is one of life’s great outdoor experiences. However, four federal agencies have overlapping jurisdiction regarding whale shark activities. Without notice, any one of them can interrupt this outstanding snorkel experience. For the 2026 season, federal regulators further tightened restrictions for guests to enter the whale shark park, and although this has caused logistical impact on the company, we are still able to get virtually everyone into the whale shark park, subject to weather considerations.

The impact of fluctuating federal requirements may affect park entry, and whether guests are allowed to swim with a whale shark. If this happens, and a park closure is not for weather reasons, affected guests receive a 2 for 1 benefit. Each affected guest receives a whale shark certificate to go out at a future date when the whale shark park is reopened, AND we still depart the dock as normal, weather permitting. We scan outside the park for whale sharks, and visit two or three remote beaches, where we snorkel with tropical fish over corals, explore quiet beaches, bays and coves, put out kayaks, paddleboards, etc. Also included is a visit to the sea lion colony of San Rafaelito, along with an onboard chef, meals, beverages, beer, and an open bar. We provide private bathrooms and showers, towels, snorkel equipment, a separate snorkel boat with guide, and reef-friendly sunscreen

Ecological Update
There is an immense amount of negative news regarding the world’s oceans, a reduction in sea life, human pollution, etc., AND YET, our firsthand observation tells us that many aspects of our local sea life appear to be improving. For many years we have been on the water almost daily. We are constantly interactive with sea life, noting varieties and the numbers of animals, and the good news is there is simply more sea life in our cruising grounds than a decade ago. This is true of dolphins, whale sharks, mobula rays, giant mantas, whales, frigates, boobies, and sea lions.

Fitness Considerations
Children under seven are NOT allowed to swim with a whale shark. Strong swimming ability is NOT normally required. However, only guests that are reasonably fit and healthy, with good balance, should enter the water with a whale shark. If you are not strong enough to manage your weight getting into and out of the water on a stainless-steel snorkel boat ladder, it is best to stay in the boat and simply watch the whale sharks up close. This activity is NOT suitable for guests with heart problems, pregnant women over five months along, or guests with mobility issues.

Covid Compliance
The greater Cabo area was the first tourist destination in the world to be fully certified as a Health Secure Destination. Baja Charters complies with all the sanitary and security standards and regulations to operate safely.

Photography
Conanp restrictions on access to the whale shark feeding zone no longer permit us to allocate space to photographers on shared tours. We encourage you to bring your own camera and take all the photos you wish. Subject to safety restrictions and availability, crew members may assist you. Drones are not legal in the whale shark park.

Not a Luxury Provider
We are a nautical adventure company. We do not use the term “luxury,” when addressing nautical activities, such as the whale shark encounter. We are often considered the "premier" provider of the activities we offer. That is because we provide so much more than most companies doing what we do. Whereas we represent yachts for private charter that likely fall into the luxury category, the term is subjective and does not reflect what we do or what we are.

Weather
Winds and waves in the Cabo area are not a good indication of winds and waves in La Paz. The sea around the whale shark area is usually swimmable. We are careful to examine nautical forecasts daily, but wave heights and wind forecasts can be wrong. We typically must reschedule the Whale Shark encounter two to three times monthly for wind and swells. Temperature, rain, or overcast, do not restrict this activity. We provide shorty wetsuits in adult sizes. We have some children’s sizes. On board, we have private bathrooms with hot water showers and fresh clean towels.

Crew Tips
Crew tips are a choice made by guests relative to the quality of services provided. Crew tips go directly to the captain. Tips are split evenly with crew after guests depart the boat. Crew tips are normally paid in cash in either pesos or dollars directly to the captain, however a credit card may be used if necessary.

For private groups of 20 guests or more, and for all overnight activities, a minimum crew tip of 12% is required. We can charge this if requested, otherwise the contracting guest may pay the captain.

Cancellations and Rescheduling
You may reschedule shared tours anytime up to 48 hours prior to departure. You will receive a prepaid, assignable, whale shark certificate to go out later. You may cancel a pre-booked private charter 30 days or more prior to your scheduled date and reschedule within a 3-year period at no extra cost.

Refund Policy
If maintenance issues, or anything within the normal control of Baja Charters, prevent you from enjoying your booked cruise date, we will provide you with an alternative date that works within your travel plans, or refund your money completely. Baja Charters is NOT responsible for the Port Captain closing the Port, government edict, or changes in bureaucratic regulations without adequate notice. However, in these situations, we will provide an alternative date that works within guest travel plans, or issue an assignable, three-year cash equivalent certificate that may be used for the same or any future activities aboard Baja Cat, and/or other of our owned yachts.