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.
In These Conditions
- Any reference to ‘Whale Watching Sydney’, ‘Riverside Marine’, ‘Fantasea Cruises’, ‘We’, ‘Our’, ‘Us’ means Riverside Marine NSW 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
- All persons travelling on the Vessel must be issued with a ticket for the voyage unless that person is a member of a group who has chartered the vessel.
- 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.
- All bookings not made directly with us should be confirmed with our office the day before departure.
- 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 vehicle referred to for the voyage for which it is issued.
- In the case where an error has been made in 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
Although we would love to have you onboard, we understand that plans can change. Should you change your travel date, we ask that you notify us or your agent immediately. The refunds or cancellation charges payable will depend on the amount of notice you give us:
- No refund for cancellations within 24 hours of the commencement of a service.
- 50% refund for cancellations within 48 hours of the commencement of a service.
- 100% refund for cancellations more than 48 hours prior to the commencement of a service.
- No refunds for special event cruises. Including not limited to VIVID Sydney, Australia Day, Boxing Day, New Year’s Eve and New Year’s Day.
Cancellation of Cruise Policy:
If for any reason such as bad weather a cruise is cancelled, Whale Watching Sydney will offer to rebook those tickets on another cruise of the same value, or will provide a full 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:
- apply additional fuel surcharge,
- arranging alternative vessels,
- make changes to itineraries and service timetables
- Any changes will be notified in advance, and is not limited to the following methods:
- Announcement on our website
- 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;
- To 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, 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 passenger ferry services 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, we will not be liable for:
- Loss of, or damage to, any luggage, property or other belongings
- 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 by willful misconduct or reckless disregard by Riverside Marine. The passenger releases Riverside Marine, its crew and personnel from any claim and liability incurred.
- If in the unlikely event that the incident which caused the loss or damage was during the course of the carriage and was due to our negligence, you will be responsible to prove that your loss or damage to property was the fault of our Company or its personnel.
- 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.
Consent For Remote Piloted Aircraft (RPA) Operation Near Non-Company Personnel
Regulation Relating to this Operation (CASR 1998)
“101.245 Operation near people
(1) 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.
(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 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.
By agreeing to the terms & conditions during the booking process I provide my consent for an RPA to be operated within 30m but no closer than 15m to myself.