> Eco Whale Watching Sydney > Terms & Conditions

Terms & Conditions

Tour Conditions

Acknowledgment and Acceptance of Anstralian Spirit Sailing Company/ Sydney Eco Whale Watching – Terms And Conditions

Making A Booking | Right to cancel | Departure points | Departure And Arrival Times | Tour Schedule | Tour Departure Points | Cancellations And Postponements | Whales are wild animals | No Whale Sightings Policy | Alcohol | Medication | Clothing, Footwear and Attire | Prices | Children | Privacy Policy | Limitation Of Liability | Exclusion Of Liability | Release And Indemnity | Tour Schedule | Departure points | Gift Certificate | Payment methods, Credit Cards, fees charges and taxes

By accessing, browsing or using this web site, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”) and acknowledge and agree that you have read and understood these Terms and Conditions. The terms and conditions are for Australian Spirit Sailing and Sydney Eco Whale Watching.

Making A Booking

When you make a booking, Australian Spirit Sailing Company/ Sydney Eco Whale Watching reserves the right to:

  • Accept or reject the booking for any reason
  • Including, the unavailability of any product or service
  • All bookings must be confirmed prior to departure
  • To confirm your booking, a valid credit card number and expiry date must be provided. Your booking will not be confirmed unless we receive this information
  • You may place a booking by:
    • Post
    • Telephone
    • Online
    • Please make sure you record your confirmation for your records

If your booking is accepted, Australian Spirit Sailing Company/Sydney Eco Whale Watching will send you a confirmation letter or e-mail – in writing of your booking.

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Bookings

  • Bookings for the Eco Whale Watching Tours are valid solely for that year they are booked. e.g. winter or spring 2005
  • Gift Certificates are valid for that year of the Whale Watching season. E.g. 2005
  • Gift Certificates are not refundable. See conditions below
  • Bookings can be paid for by Cash, Amex, MasterCard, Visa Card
  • All confirmed bookings must be accompanied by a valid credit card and expiry date. Once we have received your details we will email you a confirmation notice
  • If you do not attend as booked, you will have to pay the full amount of your tour price
  • No refunds are available if you have booked through an agent or agent website
  • The transaction for your booking through an agent is with your booking company / agent
  • The availability of products and services may change from time to time
  • Children will be 12 years old and under. All passengers over the age of 12 will be booked as an adult

Right to cancel

  • Australian Spirit Sailing Company / Sydney Eco Whale Watching reserves the right to cancel the tour before and during the tour if:
    • The weather and / or
    • The safety conditions are unacceptable
    • Ocean / sea conditions are unsafe
  • If the tour is cancelled, Australian Spirit Sailing / Sydney Eco Whale Watching will reschedule the tour at a mutually agreed date. This will be subject to availability and current bookings at the time.
  • If the weather / ocean conditions are bad, unsafe or unsuitable to proceed, or a combination of conditions and the tour has to be postponed you can:
    • Transfer / reschedule this booking to another date / time
    • No refunds are given
    • Cancellations 7 days or within – 100% payment – no Transfer date or time to another date
    • This is subject to current availability in Australian Spirit Sailing / Sydney Eco Whale Watching booking schedules
    • Credit card payments are processed before the charter
    • This applies to all tours and services including gift certificates

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Departure points

  • Departure points may vary and will be confirmed on booking

Departure And Arrival Times

  • Australian Spirit Sailing Company/ Sydney Eco Whale Watching reserves the right to vary and change departure and arrival times.
  • Customers will be notified of the change.

Tour Schedule

Winter Departure Times:

  • 8:00 a.m. – 12:00 noon*
  • 12:30 p.m. – 4:30 p.m.*

*Departure points times may vary. Please check your booking confirmation information.

Spring Departure Times:

  • 8:00 a.m. – 12:00 noon*
  • 12:30 p.m. – 4:30 p.m.*

*Departure points times may vary. Please check your booking confirmation information.

Tour time may vary and will be confirmed on booking

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TOUR Departure points

City

  • King St Wharf Complex*
    Darling Harbour
    (Outside of the Cargo Bar)
  • The dock number will be confirmed on booking.

Group Departure points

If you have a large group, we can arrange for an alternative pick up point as below. Please let us know on confirmation of your booking.

North Side

  • Mosman Ferry Wharf
  • Hayes St Neutral Bay Ferry Wharf

Southside

  • Woolloomooloo Finger Wharf

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Cancellations And Postponements

  • Any cancellation or postponement by the customer requires written notice to us, and written confirmation from us, that the booking is to be cancelled or postponed.
  • Any cancellation or postponement by the customer which takes place 30 days or more prior to the departure date will incur a 10% administration fee.
  • Any Cancellations by the customer which are received less than 30 days prior to the departure date will be subject to a 50% fee
  • Any Cancellations by the customer which take place within 7 days of the departure date will be charged the full tour fee.
  • If you, the customer request that your tour to be postponed more than 7 days but less than 30 days before the departure date, a 25% administration fee will be charged.
  • If you, the customer request that your tour to be postponed within 7 days of the departure date we will charge you a 50% postponement fee.
  • You will have the opportunity to reschedule if you postpone. Your rescheduled Tour is subject to availability and current bookings at the time.
  • Any cancellation or postponement by the customer of your rescheduled tour will result in forfeiture of all monies paid.
  • There are no exceptions to our cancellation and postponement policy. If you do not agree to these terms and conditions, please do not proceed with your charter booking.
  • Australian Spirit Sailing Company / Sydney Eco Whale Watching cannot be responsible for passengers’ failure to board the boat before the scheduled departure time. No refunds are payable for passengers who miss the boat under any circumstances.
  • If the weather / ocean conditions are bad, unsafe or unsuitable to proceed, or a combination of conditions and the tour has to be postponed you can:
    • Transfer / Reschedule this booking to another date / time
    • No refunds are given
    • Cancellations 7 days or within – 100% payment – no Transfer date or time to another date
    • This is subject to current availability in Australian Spirit Sailing / Sydney Eco Whale Watching booking schedules
    • Credit card payments are processed before the charter
    • This applies to all Australian Spirit Sailing / Sydney Eco Whale Watching tours and services including gift certificates

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Whales are wild animals

  • Whales are wild animals. No one can guarantee that you will see whales at any particular time or place.
  • However from mid May to late July and September to November there is a high probability that you will see whales of different species off Sydney as well as other marine animals.

NO WHALE SIGHTINGS POLICY

  • If we do not sight a whale during your eco whale watching tour, you will be entitled to one (only) free return tour
  • This must be taken during the winter or spring whale migration of that calendar year e.g. 2005
  • A coupon will be issued for this return tour
  • Coupons not redeemed in that current calendar year / Whale Migration periods will lapse and not be valid
  • No refunds will be given for the coupons

No Alcohol to be consumed

  • For safety reasons, Customers should not consume any alcoholic beverages before the eco whale watching tour.
  • We reserve the right to refuse customers who have consumed alcohol prior to the tour without refund.
  • No alcohol is to be consumed during the tour while we are outside of Sydney Harbour.

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Medication

  • If you are taking medication, you must seek advice from you doctor / healthcare professional on the correct medication for motion sickness prior to the tour.

Clothing, Footwear and Attire

  • Warm Clothing such as Jackets, spray jackets, Gloves, Woollen beanies is recommended during the winter tours.
  • Non-marking soled shoes must be worn at all times.
  • “Runner Style” shoes are acceptable.
  • No leather shoes at all times.
  • Black soled or hard shoes must not be worn (including high heeled shoes and sandals).

Prices

  • Prices are subject to change and may vary without notice.

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Payment methods, Credit Cards, fees charges and taxes

  • Cash and Direct Deposit or Visa, MasterCard, and AMEX are accepted payment methods.
  • We do not accept Diner Card.
  • Visa, MasterCard and AMEX may incur up to 4% merchant fee on the full payment amount.
  • Government Charges, Fees and Taxes (such as wharfing fees another charges) may be added to the full payment amount. These fees may vary from time to time, location to location.

Gift Certificates

  • All Sydney Eco Whale Watching gift certificates must be taken during the winter or spring whale migration of that calendar year e.g. 2005
  • All gift Certificates are non refundable in whole and part
  • All gift Certificates are not Transferrable in whole and part
  • All Australian Spirit Sailing Gift Certificates carry an expiry date. Gift Certificates must be used within 6 months or 12 months from the date of purchase depending on the gift certificate type type and the purchase date
  • Gift certificates cannot be redeemmed past the expiry date in whole or part
  • The maximum expiry time for all Australian Spirit Sailing gift certificates is 12 months from the date of purchase or as per the date on the gift certificate.
  • Expired Gift Certificates are non-refundable in whole or in part.
  • After a Gift certificate has expired, it is no longer valid and all transaction attempts will be declined.
  • Any unused value at the date of expiry will become the property of Australian Spirit Sailing Company.
  • This Gift Certificate cannot be used in conjunction with any other Australian Spirit Sailing Company / Sydney Eco Whale Watching promotion offer.
  • Australian Spirit Sailing Company / Sydney Eco Whale Watching will not accept responsibility or be liable for vouchers that are lost or stolen.
  • A Gift Certificate can be redeemed only once.
  • Australian Spirit Sailing Company / Sydney Eco Whale Watching will not redeem A Gift Certificate if, on presentation, our records indicate that this voucher or a voucher bearing the same reference number as that displayed on this voucher has already been redeemed or has not been issued
  • The expiry date is clearly displayed on all Gift Vouchers. This expiry date is final.

Children

  • For safety reasons children must be 7 years and over.
  • Children will be required to wear a lifejacket for the full length of the tour and while we are outside of Sydney Harbour. This is compulsory.

PRIVACY POLICY

We are committed to protecting your privacy. When you place an order or make a booking, you will need to provide us with certain Information.

We require this information so that we can process your order or make a booking on your behalf.

We may also use the Information we collect to occasionally notify you about important changes to the web site, new products and services and activities and special offers we think you’ll find valuable. If you would rather not receive this information, simply contact us to request that.

Australian Spirit Sailing Company / Sydney Eco Whale Watching does not sell, trade, or rent your personal information to other third parties.

Australian Spirit Sailing Comapny / Sydney Eco Whale Watching may collect aggregate information about our customers, users, sales, traffic patterns, and related site information.

By using our web site, placing an order or making a booking you consent to the collection and use of your Information by Australian Spirit Sailing Company / Sydney Eco Whale Watching in the manner set out in this Privacy Policy.

If you have any questions or comments about our Privacy Policy, please contact us.

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Limitation Of Liability

None of Australian Spirit Sailing Company / Sydney Eco Whale Watching, its related bodies corporate, any of their directors, officers, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this web site.

Where any legislation implies in these Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Australian Spirit Sailing Company / Sydney Eco Whale Watching for any breach of such term, condition or warranty shall be limited, at the option of Australian Spirit Sailing Company /Sydney Eco Whale Watching, to any one or more of the following:

  1. If the breach relates to goods:
    • The replacement of the goods or supply of equivalent goods;
    • The payment of the cost of replacing the goods or of acquiring equivalent goods, and
  2. If the breach relates to services:
    • The supplying of the services again; or
    • The payment of the cost of having the services supplied again.

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Exclusion Of Liability

We put a lot of thought and effort into making your recreational sailing and eco whale watching experience with us is a memorable one.

While sailing and eco whale watching is a perfect recreational activity for your leisure or enjoyment, it can be dangerous to you and others with you. Sailing and cruising are sporting and recreational activites and can involve a significant degree of physical exertion or physical risk.

Although we encourage you to enjoy our services and make the most of your sailing experience with us, you acknowledge the physical exertion, risks and possible injuries to you or others with you associated with participating in our products and servcies.

We exclude all liability for death or personal injury arising from any failure by us to take due care and skill in performing our services and ensuring that our yachts are reasonably fit for use in our services.

This exclusion of liability includes all of our employees, agents and any other person we may have working with us in providing our services to you.

Subject to any rights imposed by law that cannot be limited or excluded:

  1. All warranties or conditions implied by law are excluded.
  2. If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.
  3. In no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.

The information on this website is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency.

In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights.

We always recommend that you seek local law advice if you have a complaint about us, however, we suggest that you speak to us first – that way you can see if we can resolve any complaint you may have.

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Release And Indemnity

You hereby waive, release, forgive, discharge and relinquish any and all claims (including, without limitation, any claims for death or personal injury) that you now have or may have in the future against Australian Spirit Sailing Company /Sydney Eco Whale Watching, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction with Sydney Eco Whale Watching or your use of this web site.

You hereby agree to indemnify, defend and hold Australian Spirit Sailing Company /Sydney Eco Whale Watching, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Australian Spirit Sailing Company /Sydney Eco Whale Watching, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Australian Spirit Sailing Company /Sydney Eco Whale Watching, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this web site, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

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