Fantasea Cruising terms and conditions
These are the terms and conditions under which you book and travel on any Fantasea Cruising or Whale Watching Sydney product we sell you (Terms and Conditions). You are bound by these Terms and Conditions, so it is important that you read them carefully.
Please be aware that the terms and conditions which apply to a booking placed by you will be the terms and conditions which were published on this website at the time of your booking. These terms and conditions may be amended in whole or in part from time to time, but any variations will not impact any bookings that have already been made you before the amendments are effective. Amendments will be effective immediately upon publishing the amended terms and conditions on this website. These terms and conditions were last updated on 12 May 2026.
Important Information
Certain laws, such as the Competition and Consumer Act 2010 (Cth) and any applicable state-based consumer legislation (from here on known as ‘consumer laws’), are in place for your protection and provide that our services come with automatic guarantees that cannot be excluded or limited. Those guarantees include that we will provide our services with due care and skill and our services will be reasonably fit for any purpose you make known to us. Nothing in these Terms and Conditions limits or excludes any rights or protections you are entitled to under consumer laws.
| 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 abandoned or 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 in which case you will be entitled to a full refund. If we make significant changes to your cruise, you may obtain a full refund or rebook another service. To the extent permitted by law, we will not otherwise be liable for any loss or expense caused by changes to your cruise. |
| Exclusion of liability |
To the extent permitted by law, we will not be liable for loss of, or damage to, any luggage 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 us. |
| Exclusion of liability for Third Party Attractions |
Where we sell you tickets to Third Party Attractions, we act as agents of the Third Party Attraction Providers and have no liability for the services provided by them. By accepting these Terms and Conditions, you are also accepting the terms and conditions of the Third Party Attraction Providers and your legal rights in respect of those tickets are against the Third Party Attraction Providers. |
| Remote Piloted Aircraft 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 Cruising’, ‘Whale Watching Sydney’, ‘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.
- ‘My NRMA member’ refers to a person with a current subscription to the ‘My NRMA Rewards’ membership program. Visit www.mynrma.com.au/membership for more information regarding membership.
- For your convenience, we have an online booking system available on our website www.fantasea.com.au. You may also make bookings by phone on 1800 326 822 (direct) or through an agent (indirect). All bookings are subject to these Terms and Conditions. In the event of any inconsistency, these Terms and Conditions will prevail.
Bookings & Tickets
- Children’s fares are for those aged 4 to 15 inclusive. Infant fares are those aged under 4. However, not all vessels or cruises are suitable for children. Age restrictions may apply. For any Third Party Attractions, refer to the terms and conditions of the Third Party Attraction Providers for any age classifications and/or restrictions.
- After you make your booking, either directly or indirectly through an agent, please check your booking confirmation and invoice to make sure all of 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 specified 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 reserve our discretion to apply any reasonable additional fees or changes to your booking subject to the ‘Cancellation Policy’ section below.
- All prices are stated in Australian Dollars and include GST.
Cancellation Policy
For Sydney Harbour Cruises, Whale Watching Cruises, Boxing Day Cruises, Australia Day Cruises and VIVID Cruises:
For ‘My NRMA members’:
- 100% refund or rebooking to another service of same value if a service is cancelled or abandoned by us.
- 100% refund for customer cancellations with more than 24 hours’ notice prior to the commencement of a service.
- No refund for customer cancellations with 24 hours’ or less notice prior to the commencement of a service.
For non-‘My NRMA members’:
- 100% refund or rebooking to another service of same value if a service is cancelled or abandoned by us.
- 100% refund for customer cancellations with more than 48 hours’ notice prior to the commencement of a service.
- No refund for customer cancellations with 48 hours’ or less notice prior to the commencement of a service.
For New Year’s Eve Cruises:
For ‘My NRMA members’:
- 100% refund if your service is cancelled or abandoned by us.
- 100% refund for customer cancellations with at least 30 days’ notice prior to the commencement of a service.
- 50% refund for customer cancellations with at least 7 and less than 30 days’ notice prior to the commencement of a service.
- 25% refund for customer cancellations with at least 2 and less than 7 days’ notice prior to the commencement of a service.
- No refund for customer cancellations with less than 48 hours’ notice prior to the commencement of a service.
For non-‘My NRMA members’:
- 100% refund if a service is cancelled or abandoned by us.
- 100% refund for customer cancellations with at least 30 days’ notice prior to the commencement of a service.
- 50% refund for customer cancellations with at least 7 and less than 30 days’ notice prior to the commencement of a service.
- No refund for customer cancellations with less than 7 days’ notice prior to the commencement of a service.
Whale Guarantee Policy
- The whale guarantee allows each passenger of a whale watching cruise that did not successfully ‘observe whale(s)’ (see definition below) 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.
- By ‘observing whale(s)’, we mean that the vessel finds and approaches at least one whale and the Master or crew of the vessel alerts passengers to at least 2 sightings of one or more whales on the surface of the water within a reasonable distance from the vessel.
- We want you to have the best whale watching experience. Notwithstanding the above definition of ‘observing whale(s)’, we reserve our discretion to offer a return voucher in circumstances where we technically ‘observe whale(s)’ but wish to offer you a better experience.
- 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 and we do not guarantee service timetables or itineraries. In the event of unsuitable travel or weather conditions, or economic or other events, we reserve the right to:
- with prior notice and before you purchase a ticket, apply an additional surcharge such as a fuel surcharge;
- arrange alternative vessels; and/or
- make changes to itineraries and service timetables.
- Once you have made a booking and provided us with your email address, we will use our reasonable endeavours to notify you of any changes to your cruise in advance by way of email to the email address you have provided and also via one or more of the following methods:
- announcement on our website; and/or
- a public notice.
- Prior to your cruise, you should check to ensure your departure time has not changed.
- We reserve the right to:
- substitute any other vessel other than the one designated for the cruise (including a vessel not owned by us) provided that the substituted vessel is of a similar type and includes similar facilities to the vessel named in the cruise; and/or
- cancel or abandon the cruise either before or during the cruise, if we or the Master of the vessel considers in our/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 our responsibility to you will be as stated in these Terms and Conditions and we will not otherwise be liable for any loss or expense incurred by you caused by such substitution or cancellation.
- If we cancel or abandon your cruise after you have made a booking, your rights will be as set out in the above cancellation policy. If we make a ‘significant change’ (see the definition below) to your cruise after you have made a booking due to factors within our control, you will have the choice of:
- accepting the changed arrangements;
- booking another cruise with us that is of a similar standard to the originally booked cruise, if available. If this alternative cruise is cheaper than the original one, we will refund the price difference. If you do not wish to accept the alternative cruise (if any) we offer you, you may choose any of our other available cruises. If you choose a cruise that is more expensive, you will need to pay us the difference; or
- cancelling your booking in which case you will receive a full refund of all monies you have paid to us.
A ‘significant change’ is a change to the cruise that significantly impacts you and your travel plans. The above options are not available where any changes made are minor or insignificant.
- You may also have other rights or remedies under consumer laws. Unless provided for under the consumer laws, we will not otherwise be responsible for any loss or expenses you may incur as a result of changes to your cruise.
Master of the Vessel
- The vessel used to provide you with the cruise is 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 may 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 deal with them according to the relevant laws; and
- record the offending passenger’s details on our Incident Register.
Smoking, Alcohol & Illegal Substances
- Smoking and/or vaping are not permitted onboard the vessel.
- No alcohol is to be brought onto the vessel without our formal written consent.
- Passengers must not bring any illegal substances onto the vessel.
- Our 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/or other laws permit us to exclude our liability, and except to the extent caused by or contributed to by us, 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/or other laws permit us to exclude our liability, and except to the extent caused by or contributed to by us, we will not be liable for sickness, injury or death during embarkation aboard and/or disembarkation from the vessel and/or at all times whilst onboard the vessel itself. You release us and our crew and personnel from any claim and liability incurred for such sickness, injury or death, unless we are liable for such claim or liability under these Terms and Conditions or applicable laws.
Agents of Fantasea Cruises
- Where an agent enters into a sale, booking or any other transaction on our behalf, then that agent shall indemnify us for any loss, damage or expense incurred by us as a result of any misrepresentation, breach of contract or act of negligence by the agent.
Third Party Attractions
As part of our product/service offerings, we may sell tickets as agent on behalf of the following third party service providers:
- City Sightseeing Pty Limited ABN 49 086 726 329 (Big Bus Tours);
- Feliz Puente Pty Ltd ABN 79 625 999 877 (BridgeClimb Sydney);
- Merlin Entertainment (Australia) Pty Limited ABN 51 147 624 557 (Merlin Group) who operate attractions including Sea Life Sydney Aquarium, Madame Tussauds Sydney, Wild Life Sydney Zoo and Sydney Tower Eye; and
- Taronga Conservation Society Australia ABN 41 733 619 676 (Taronga Zoo),
(Third Party Attraction Providers), who provide services that are not operated by us (Third Party Attractions). This list is current as at 12 May 2026, and will be updated from time to time.
Exclusion of liability
Where we sell you tickets to any Third Party Attractions, or any combination tickets which include travel on our vessel and a general admission ticket to one or more Third Party Attraction(s), we act as agent of the relevant Third Party Attraction Provider(s). Where we act as agents, our obligation to you is to provide ticket selling services only. We do not operate the Third Party Attractions and have no control over, or liability for, the services provided by the Third Party Attraction Providers. 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 a Third Party Attraction Provider (including information on their website) is accurate, complete and correct.
Terms and conditions of Third Party Attraction Providers
By purchasing a ticket from us and accepting these Terms and Conditions, you are also accepting the terms and conditions of any relevant Third Party Attraction Providers. Your legal rights in respect of your tickets, insofar as they concern any Third Party Attractions, are against the Third Party Attraction Providers.
Please see below links to the terms and conditions of our Third Party Attraction Providers (which may be updated by those Third Party Attraction Providers from time to time).:
If we sell you a ticket to a Third Party Attraction Provider that is not listed in these Terms and Conditions, please refer to the Third Party Attraction Provider’s website for their terms and conditions.
Privacy
We will collect, use and handle any personal information we collect from you in accordance with our privacy policy, which can be found on our website: https://www.fantasea.com.au/privacy-policy/. Where we sell you any tickets to a Third Party Attraction, we may share your personal information with the relevant Third Party Attraction Provider and they will use and handle your personal information in accordance with their privacy policy, which you can find on their website or otherwise contact them about.
Consent For Remote Piloted Aircraft (RPA) Operation Near Non-Company Personnel
By accepting these Terms and Conditions:
- you confirm that you understand the relevant regulation 101.245 ‘Operation near people’ from the Civil Aviation Safety Regulations 1998 (Cth) (excerpt provided below) concerning the operation of an RPA within 30 metres of a person;
- you confirm that you understand that the RPA operator will explain the risks associated with the operation of the RPA to you prior to the operation; and
- you provide your consent for an RPA to be operated within 30 metres but no closer than 15 metres to you.
Excerpt from Civil Aviation Safety Regulations 1998 (Cth)
We have included an excerpt from the Regulations relating to the operation of an RPA near people below:
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.
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.
(2) Subregulation (1) does not apply if the second person is standing behind the RPA while the RPA is taking off.
(3) Subregulation (1) does not apply if:
(a) the RPA is a very small RPA, small RPA or medium RPA; and
(b) the second person has consented to the RPA operating within 30 m of him or her; and
(c) the RPA is operated no closer than 15 m of him or her.
(4) Subregulation (1) does not apply if:
(a) the RPA is an airship; and
(b) the airship approaches no closer to the second person than 10 m horizontally and 30 ft vertically.
(5) Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) to (5): see subsection 13.3(3) of the Criminal Code.
Governing Law
- These Terms and Conditions are governed by the laws of New South Wales, Australia.
