Ultimate Whale Watching
Sydney

Terms &
Conditions

Ultimate Whale Watching Sydney

Who We Are

“Ultimate Whale Watching Sydney” (“we,” “us,” “our”) is a booking service operated under ABN 20 671 784 302.

We are a booking agent and listing platform only. We do not own, crew, control, or operate any vessel or cruise listed on this website. Whale watching cruises listed on this site are owned, crewed, and operated exclusively by independent third-party vessel operators (“the Operator”). We simply connect you with the Operator and facilitate the booking transaction.

Your contract for carriage — i.e. the actual whale watching cruise — is formed directly between you and the Operator, not with us. We are not a party to that contract and hold no responsibility for the conduct, safety, delivery, or outcome of the cruise itself. Our role begins and ends with the booking process and related customer support.

Bookings

Departure & check-in

The 100% Sighting Guarantee

If no whales are sighted during your scheduled cruise, we will rebook you on a future departure within the same season (May–November) at no additional cost. The guarantee:

  • Applies only to the specific cruise booked and does not apply if you do not board the vessel.
  • Is redeemable once per booking and is not exchangeable for a cash refund.
  • Is subject to seat availability on rebooked departures.
  • Does not apply if the cruise is cancelled by us or the Operator (see our Refund Policy).

Cancellations, rescheduling, and weather

Departures may be delayed, rescheduled, or cancelled by the Operator due to weather, sea conditions, vessel maintenance, or safety concerns. In these circumstances the Operator will offer a rescheduled departure, a gift card, or a refund, in accordance with our Refund Policy. We are not liable for any incidental costs (transport, accommodation, etc.) arising from a cancelled or rescheduled departure.

Health, safety, and conduct

Liability

We have no involvement in, and no liability for, the operation of the cruise itself. This includes, without limitation, the vessel’s seaworthiness, crew conduct, navigation, safety procedures, whale sighting outcomes, onboard incidents, injury, loss, or property damage occurring during the cruise. These matters are the sole responsibility of the Operator, who holds their own insurance and safety accreditation (e.g. AMSA certification) for the vessel and voyage.

Our liability, if any, is strictly limited to our role as booking agent — for example, errors in processing your booking or payment. To the maximum extent permitted by law:

  • We exclude all liability for any loss, injury, or damage arising from or connected with the cruise itself, as it is entirely outside our operational control.
  • Any claim relating to the conduct of the cruise should be directed to the Operator.
  • Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.
  • Where liability cannot be excluded, it is limited (to the extent permitted by law) to resupply of the booking service or the cost of resupply.

Website use & intellectual property

All content on this website (text, images, logos) is owned by us or used with permission and may not be reproduced without consent. Photographs used in the “Recent Sightings” section are genuine images from our crew and guests, not stock photography.

Governing law

These Terms are governed by the laws of New South Wales, Australia, and disputes are subject to the exclusive jurisdiction of NSW courts.

Contact

Questions about these Terms:  hello@ultimatewhalewatchingsydney.com.au

Ultimate Whale Watching
Sydney

Sydney's premium whale watching experience. We partner with the harbour's most respected operators to bring you front-row access to the annual humpback migration.

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