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Terms & Conditions

These are the Terms and Conditions under which you book and travel on any Fantasea Cruises product we sell you. You are bound by these Terms and Conditions, so it is important that you read them carefully.

Important Information

Cancellation policy: If you wish to cancel your cruise, your eligibility for a full or partial refund will depend on the timing within which the cancellation is made.  Please see below for further details of our cancellation policy. If you make any errors when making your booking, additional fees may apply to change your booking.  If a cruise is cancelled by the operator, you will have the option to obtain a full refund or rebook another service.
Vessel and service/ timetable changes While we do our best to provide you with ongoing and consistent services, we reserve the right to arrange alternative vessels or make changes to itineraries, service timetables, routes and/or destinations.  We may cancel or abandon the cruise if we consider it necessary for weather or safety reasons and except as expressly stated in these Terms and Conditions, we will not be liable for any loss or expense incurred by the Passenger caused by such substitution or cancellation.
Exclusion of liability To the extent permitted by law, we will not be liable for loss of, or damage to, any luggage, property or other belongings or sickness, injury or death during embarkation and/or disembarkation to or from the vessel and/or at all times whilst onboard the vessel itself, unless caused or contributed to by Fantasea Cruises.
Exclusion for Taronga Zoo liability Where we sell you tickets to Taronga Zoo, we act as agent of Taronga Zoo and have no liability for the services provided by Taronga Zoo.  By accepting these Terms and Conditions, you are also accepting Taronga’s Terms and your legal rights in respect of those tickets are against Taronga Zoo:

https://taronga.org.au/about/terms-and-conditions-of-sale

RPA Consent By accepting these Terms and Conditions, you are providing consent for a Remote Piloted Aircraft to be operated within 30m but no closer than 15m to you.

In These Conditions

  • Any reference to ‘Fantasea Cruises’, ‘We’, ‘Our’, ‘Us’ means Fantasea Pty Ltd ABN 28 001 868 113.
  • ‘Passenger’, ‘You’, ‘Your’ means any person or persons booked for travel or travelling on our vessel.
  • Certain laws such as the Competition and Consumer Act 2010 (Cth) and any applicable state based consumer legislation (from here known as ‘consumer laws’) are in place for your protection. They are designed to ensure our services are provided with due care and skill and are reasonably fit for your travel needs. These Terms and Conditions do not alter any protection given to you by consumer laws.
  • For your convenience, we have an online booking system available on our website www.fantasea.com.au. You may also make bookings by phone 02 9556 9222 (direct) or through an agent (indirect).

Bookings & Tickets

  • Children’s fares are those aged five (5) to fifteen (15) inclusive. Infant Fares are those aged under 5. However, not all vessels or cruises are suitable for children. Age restrictions may apply.
  • After you make your booking, either directly or indirectly through an agent, please check your booking confirmation and invoice to make sure all your details are correct. This invoice is your ticket which entitles you to board our vessel and is only valid for the named ticket holder and (where applicable) the vessel referred to for the voyage for which it is issued.
  • If you make an error when making your booking, please contact us to have your details amended. While we understand that errors may occur from time to time, we have discretion as to whether or not any additional fees will apply for changes to your booking subject to the ‘Cancellation and Refunds’ section below.
  • All prices are stated in Australian Dollars and includes GST

Cancellation Policy

For Sydney Harbour Cruises and Whale Watching Cruises:

  • No refund for customer cancellations within 48 hours of the commencement of a service.
  • 100% refund for customer cancellations more than 48 hours prior to the commencement of a service.
  • 100% refund or rebooking to another service of same value if service is cancelled by the operator, or where the operator has changed the itinerary or timetable of the service.
  • 100% refund for customer cancellation by a My NRMA Member more than 2 hours prior to the commencement of a service.

For Special Events Cruises (New Year’s Eve, Boxing Day, Australia Day and VIVID cruises):

  • No refund for customer cancellations within 48 hours of the commencement of a service.
  • 50% refund for customer cancellations more than 48 hours of, but within 7 days of the commencement of a service.
  • 100% refund for customer cancellations more than 7 days of the commencement of a service.
  • 100% refund or rebooking to another service of same value if service is cancelled by the operator, or where the operator has changed the itinerary or timetable of the service.
  • 100% refund for customer cancellations by a My NRMA Member more than 48 hours prior to the commencement of a service.
  • 50% refund for customer cancellations by a My NRMA Member within 48 hours of the commencement of a service.

Whale Guarantee Policy:

The whale guarantee allows each passenger of a whale watching cruise that did not successfully watch whales to return on another whale watching cruise during the same year (or the following year if the unsuccessful cruise was within 2 weeks of the season ending) with a whale watching return voucher. Whale Watching return vouchers are issued to each booking via email after the cruise.

Please redeem your whale watching return voucher in advance via phone 1800 326 822 or at one of our ticket offices at Darling Harbour or Circular Quay. Return Vouchers can not be exchanged for a refund.

Changing Product Offering, Prices & Services

  • While we do our best to provide you with ongoing and consistent services, circumstances may change from time to time. In the interests of passenger safety, travel or weather conditions, economic conditions or otherwise, we reserve the right to:
    • with prior notice before you purchase a ticket, apply additional fuel surcharge,
    • arrange alternative vessels,
    • make changes to itineraries and service timetables.
  • Any will be notified in advance, and is not limited to the following methods:
    • Announcement on our website
    • Email
    • SMS text message
    • A public notice
  • We reserve the right to:
    • Substitute any other vessel other than the one designated for the cruise (including a vessel not owned by the company) provided that the substituted vessel is of a similar type and includes similar facilities to the vessel named in the cruise;
    • Cancel or abandon the cruise either before or during the cruise, if the Company or Master of the vessel considers in their sole and absolute discretion that the cancellation of the cruise is necessary for reasons of weather or in the interest of the safety and well-being of the vessel, and except as expressly stated in these Terms and Conditions its passengers and crew and the Company will not be liable for any loss or expense incurred by the Passenger caused by such substitution or cancellation.

Master of the Vessel

  • The vessel used to provide you with the cruise are under our absolute control. The direction and control of the vessel and its crew is at all times the sole responsibility of the Master of the vessel.
  • The Master of the vessel has the sole and absolute discretion to vary the scheduled route or destination of the cruise if for any reason the Master of the vessel considers it necessary for the safety and welfare of the vessel, its passengers and crew.
  • By boarding our vessel, you agree to comply with all reasonable requests made by us and/or the Master of the vessel.

General Conduct & Onboard Expectations

  • We are committed to the safety and wellbeing of all passengers, crew, and other personnel on board our vessel. All passengers must comply with these terms and conditions and obey any reasonable request of the Master of the vessel and any member of the crew.
  • Offensive behaviour will not be accepted. This includes conduct that is a nuisance, dangerous activity or offensive in any way that interrupts the enjoyment of the experience for other people. If a passenger behaves in a way that negatively impacts others, we will undertake the following actions:
    • Take all reasonable actions to remove the offending passenger from our vessel at their expense.
    • Notify the relevant authorities to receive the offending passenger onshore and dealt with according
    • Record the offending passenger’s details on our Incident Register.

Smoking, Alcohol & Illegal Substances

  • Smoking is not permitted aboard the vessel.
  • No alcohol is to be brought onto the vessel.
  • Passengers must not bring any illegal substances onto the vessel.
  • Fantasea Management and staff adhere to the laws governing the Responsible Service of Alcohol. Alcohol will not be served to any passenger under the age of 18. Bar staff may request identification for proof of age. Service of alcohol will be refused if the passenger fails to provide identification as requested.
  • Bar staff are trained in the responsible service of alcohol. Service of alcohol will be refused to any passenger who, in the opinion of the bar staff, is intoxicated.
  • It is in the discretion of the bar staff/crew/Master of the vessel to refuse alcohol to any passenger for any reason.
  • Alcohol will only be served in accordance with the times specified on our on-premise liquor licence for the vessel.

Liability for Loss or Damage to Property and Personal Injury

  • All personal belongings will be your own responsibility. Where consumer laws and other laws permits us to exclude our liability, unless caused by or contributed to by Fantasea Cruises we will not be liable for:
    • Loss of, or damage to, any luggage, property or other belongings
  • Sea travel can be a dangerous activity and there are obvious and inherent risks associated with participation in a cruise, some of which include (but are not limited to): weather extremes subject to sudden and unexpected change, remoteness to normal medical services and evacuation difficulties if you suffer an injury or aggravation of any existing medical condition. By participating in a cruise, you acknowledge that you are fit for sea travel.  Where consumer laws and other laws permits us to exclude our liability, we will not be liable for:
    • Sickness, injury or death during embarkation and/or disembarkation to or from the vessel and/or at all times whilst onboard the vessel itself, unless caused or contributed by Fantasea Cruises. The passenger releases Fantasea Cruises, its crew and personnel from any claim and liability incurred, unless we’re liable for such claim or liability under these Terms and Conditions.

Agents of Fantasea Cruises

  • Where an agent on behalf of Fantasea Cruises enters into a sale, booking or any other transaction then that agent shall indemnify Fantasea Cruises for any loss, damage or expense incurred by Fantasea Cruises as a result of any misrepresentation, breach of contract or act of negligence by the agent.

Governing Law

  • These Terms and Conditions are governed by the laws of New South Wales, Australia and both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Taronga Zoo tickets

  • We may offer ‘combination tickets’ for sale which typically include travel on a Fantasea Cruises Vessel and a general admission ticket to Taronga Zoo (‘Zoo Ticket’).
  • When selling Zoo Tickets, we act as agent for Taronga Conservation Society Australia ABN 41 733 619 876 (‘Taronga Zoo’).  Where we act as agent, our obligation to you is to provide ticket selling services only. We do not operate the zoo or provide any zoo experiences or services ourselves and have no control over, or liability for, the services provided by Taronga Zoo.
  • All Zoo Ticket sales we make on behalf of Taronga Zoo are made subject to the terms and conditions imposed by Taronga Zoo from time to time (‘Taronga’s Terms’), which are separate to our Terms and Conditions.  All guests at Taronga Zoo must adhere to Taronga’s Terms, which can be accessed at https://www.taronga.org.au/about/terms-and-conditions-of-entry and https://taronga.org.au/about/terms-and-conditions-of-sale Taronga Zoo reserves the right to refuse entry and terminate entry to any guest who does not comply with Taronga’s Terms.
  • Your legal rights in connection with Zoo Tickets and the provision of zoo services are against Taronga Zoo. Although we will use due care and skill in performing our ticket selling services, we will not always be able to verify if, and cannot guarantee that, all information provided by Taronga Zoo (including information on Taronga Zoo’s website) is accurate, complete and correct.
  • Subject to any rights and/or remedies you may have against us under the Australian Consumer Law,  we are not responsible or liable for any acts, errors, omissions, interruptions (for example, changes to inclusions or facilities, repairs, upgrade or maintenance to any part of the zoo or closure of exhibits), or inaccurate, misleading or untrue information or non-delivery of information by Taronga Zoo.
  • Please be aware that a large proportion of the exhibits and enclosures are outdoors and Taronga Zoo operates in all weather conditions. Please be prepared in the event of wet or hot and sunny weather.  Taronga Zoo is located on the shores of Sydney Harbour and is by nature on the side of a hill. There are some sections of the zoo with steep terrain, Taronga Zoo advises all guests to wear appropriate footwear and be prepared for walking. Available accessible routes/ areas will be indicated on Taronga Zoo maps. Elevators and ramps are also available.  Tours and signage are all currently produced in English. Maps in other languages are available from the information desk.
  • Please note: in accordance with Taronga Zoo’s animal welfare policies the keepers and guides have the full authority to terminate the tour/experience/presentation/show at any time.
  • By purchasing a combination ticket from us that includes a Zoo Ticket, you automatically accept Taronga’s Terms.

Consent For Remote Piloted Aircraft (RPA) Operation Near Non-Company Personnel

Regulation Relating to this Operation (CASR 1998)

“101.245  Operation near people

  • Subject to subregulations (2) and (3), a person must not operate an RPA within 30 metres of a person (the second person) who is not directly associated with the operation of the RPA.

Penalty: 10 penalty units.

(1A) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

  • Subregulation (1) does not apply if the second person is standing behind the RPA while the RPA is taking off.
  • Subregulation (1) does not apply if:
  • the RPA is a very small RPA, small RPA or medium RPA; and
  • the second person has consented to the RPA operating within 30 m of him or her; and
  • the RPA is operated no closer than 15 m of him or her.
  • Subregulation (1) does not apply if:
  • the RPA is an airship; and
  • the airship approaches no closer to the second person than 10 m horizontally and 30 ft vertically.

Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.”

By agreeing to the terms & conditions during the booking process I agree that I understand the above regulations surrounding the operation of an RPA within 30m of a person. The RPA operator will explain the risks associated with the operation to me prior to the operation.

I hereby provide my consent for an RPA to be operated within 30m but no closer than 15m to myself.