The Sydney Whale Watching website is operated by True Blue Cruises, trading as Rolling Dales Pty Ltd (ABN: 30 099 387 818). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ('Terms and Conditions'). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.
True Blue Cruises reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions as so amended.

Capacity:

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

Orders:

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. True Blue Cruises reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website or an error in your order. Your contract with True Blue Cruises only comes into existence when it forwards confirmation of receipt of your order and payment.

Prices:

Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.

Goods and Services (GST) and other Taxes:

Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

Delivery:

Please read the Delivery Information contained in this website. The delivery times are indicative only and True Blue Cruises will not be liable for any failure to observe these delivery times.

Risk and Title:

True Blue Cruises will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.

Refunds:

The circumstance in which True Blue Cruises is obliged to make a refund, the guidelines for eligibility are detailed in its Refund Policy.

Limitation of Liability:

True Blue Cruises will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if True Blue Cruises has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act 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 the Terms and Conditions, however, the liability of True Blue Cruises for any breach of such term, condition or warranty shall be limited, at the option of True Blue Cruises, to any one or more of the following:

     1.If the breach relates to goods,
          A: The replacement of the goods or supply of equivalent goods
          B: The repair of such goods
          C: The payment of the cost of replacing the goods or of acquiring equivalent goods
          D:The payment of the cost of having the goods repaired; and

     2.If the breach relates to services
          A:The supplying of services again; or
          B. The payment of the cost of having the services supplied again.

Disclaimer:

While the information contained in the website is believed to be accurate and current, it is provided by True Blue Cruises in good faith on an "as is" basis. True Blue Cruises, its management, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. To the extent (if any) that if the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

Links:

The website may contain links to websites not maintained, controlled or associated with True Blue Cruises and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. True Blue Cruises will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.

Copyright:

True Blue Cruises is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, displayed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying by any storage and information retrieval system) without the specific prior written content of True Blue Cruises.

Viruses:

True Blue Cruises does not represent that any information (including any file) obtained from and through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. True Blue Cruises will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on True Blue Cruises, it shall be limited to the cost of re-applying that information.

Applicable Law:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

TERMS AND CONDITIONS OF CRUISE:

     1. The proprietors reserve the right without notice to substitute any vessel.
     2. The proprietors reserve the right at any time to cancel any cruise.
     3. Passengers must be ready at the point of departure stipulated within ten minutes of the departure time.
     4. If, in the opinion of the skipper, the voyage cannot be continued for any reason, then the skipper may terminate the cruise at any time.
     5. The proprietors are not common carriers and reserve the right to refuse to carry any passenger, baggage or goods without assigning any reason. Therefore passengers shall comply with the Navigation Act 1912 (as amended 1079) and all regulations, orders or instructions given by the skipper. The proprietors shall not be responsible for any damage or loss occasioned.
     6. Passengers shall not carry any alcoholic liquor, matches (other than safety matches), explosives, volatile spirit or other goods of a dangerous, inflammable or offensive nature. In the event of a passenger being required not to embark or to disembark from the vessel under the provisions of this condition, the proprietors, nor the skipper shall be under any liability to such passenger of any kind whatsoever.
     7. This ticket is available for use on the day of issue only . The proprietors reserve the right to grant a credit for the issue of a ticket on another cruise but no refund shall be given.
     8. In the event that any specified cruise is cancelled, then the proprietors may, at their option either refund the fare or issue the passenger a ticket for another cruise.
     9. The skipper and the proprietors shall not be responsible for any injury to person or damage to property arising out of any cruise.
     10. Proprietor shall mean Shipbark Pty Ltd, successors and assigns.

REFUND POLICY:

     11. If we – True Blue Cruises staff cancel the trip, a full refund will be provided.
     12. Should you elect to cancel and the trip is still going, a 10% administration fee will be applied with more than 24 hours notice.
     13. A cancellation made less than 24 hours prior to departure incurs a 100% cancellation fee. NO REFUND

BE PREPARED

NO REFUND FOR SEASICKNESS
     14. Don't let seasickness spoil your day – visit your local Pharmacy or Natural Health Food Store.

GETTING THERE

     15. How to get there......

     TRAIN
          City Rail - Transport Infoline: on 131 500 Site
          Monorail - Operators of Sydney Monorail and Metro Light Rail. Telephone: 02 8584 5288 Site
     CAR PARKING
          Westpac Car Park Cnr Erskine & Sussex St
          Cinema Centre Car Park 521- 527 Kent St, +61 2 9264 5867
          Wilsons Car Parking, Various locations in Sydney City Telephone: 02 9006 3200 Site
          Sydney Convention & Exhibition Centre Telephone: 02 9282 5000 Site
     BUS
          Sydney Buses Transport Infoline on 131 500 between 6.00am and 10.00pm seven days a week Site

CLOTHING

     16. Warm clothes, appropriate footwear, sunscreen, hat with drawstring, jacket and don't forget your camera!

DEPARTURE

     17. Please arrive at King St, Wharf 8, Darling Harbour (behind Sydney Aquarium) at least 15 minutes prior to your departure time.

ON BOARD

     18. Tea / coffee and biscuits are available for morning and afternoon tea. No other food is provided.