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TERMS OF SERVICE

Cruise San Diego – Terms and Conditions

Last Updated: September 25, 2026

1. About These Terms

These Terms and Conditions (“Terms”) govern your use of cruise-sd.com (the “Website”), your purchase of tickets, your booking of private charters, and your participation in our text messaging program. The Website and services are operated by Cruise San Diego LLC (“Cruise San Diego,” “we,” “us,” or “our”), a locally owned company based at 1617 Quivira Rd, San Diego, CA 92109.

These Terms also apply to cruises operated by our sister company, San Diego Whale Watch, LLC, when booked through our Website or reservation line.

By using the Website, purchasing a ticket, booking a charter, boarding our vessel, or opting in to receive text messages, you agree to these Terms. If you book on behalf of a group, you confirm that you have authority to accept these Terms for everyone in your party. If you do not agree, please do not use our services.

We may update these Terms from time to time. Changes take effect when posted on this page, and the

“Last Updated” date above will change accordingly.

2. Ticketed Cruises: Bookings, Changes and Cancellations

Booking. Tickets for public cruises (including our Sunset, Daytime, DJ, Light Show and special event cruises) are sold online through our booking provider, FareHarbor, or by phone. We strongly recommend booking in advance, as cruises often sell out. Our schedule is typically released 2–3 months ahead, and new dates are added regularly. Prices, times and availability may change without notice until your booking is confirmed.

Changes. To change your reservation, call our reservation line at (619) 288-8554. If you switch to a different cruise type or date, any price difference will be charged or refunded accordingly.

Cancellations by you.

• Cancellations made at least 48 hours before your scheduled departure receive a full refund.

• Cancellations made within 48 hours of departure are not eligible for a refund, but your reservation may be moved to a different date.

• If you purchased Trip Protection, you are eligible for a full refund, even within the 48-hour window.

Cancellations by us. In the rare case that we cancel a cruise due to weather, sea conditions, mechanical issues or other operational reasons, we will notify you in advance and provide available options, such as rebooking or a refund. The captain has final authority over whether a cruise departs, and may shorten or alter a route for safety.

Late arrival and no-shows. Our vessel departs on schedule and cannot wait for late guests. Guests who miss their departure are treated as a cancellation within 48 hours. Please arrive early to check in at our ticket booth.

Gift cards. Gift cards are available by request at info@cruise-sd.com and are subject to any terms printed on the card.

3. Private Charters and Events

Private charters include corporate events, weddings, rehearsal dinners, celebrations, Bar/Bat Mitzvahs, private whale watching and burials at sea.

Quotes and confirmation. Charter pricing is provided by quote and depends on date, season, duration, group size and add-ons such as bar packages, catering and entertainment. A charter is confirmed only once you have received a written confirmation or charter agreement from us and paid any required deposit.

Charter agreement controls. Deposit amounts, payment deadlines, final guest counts and cancellation terms for your charter will be set out in your charter agreement or invoice. If those terms differ from these Terms, the charter agreement applies.

Guest capacity. Guest counts may not exceed the vessel’s U.S. Coast Guard–certified capacity or the number stated in your agreement.

Food and catering. You may use one of our preferred catering partners or a licensed caterer. No cooking is permitted on board, and all food must be pre-prepared. We cannot accommodate large catering setups or food requiring service equipment.

Alcohol. Alcohol may only be served by our onboard Mahalo Bar under its bar packages and custom selections. Outside alcohol is not permitted.

Decorations and entertainment. Decorations and outside entertainment must be approved by us in advance. Confetti, glitter, open flames and anything that could damage the vessel or enter the water are not permitted. The charter host is responsible for any damage caused by their guests or vendors, including extra cleaning fees.

Burials at sea. Scattering of cremated remains is conducted in accordance with applicable federal (EPA) regulations. The family or arranging party is responsible for providing any required permits or documentation.

Host responsibility. The person who books the charter is responsible for the conduct of their guests and vendors and for ensuring they follow these Terms and crew instructions.

4. Onboard Rules and Safety

Age requirements. Age limits vary by cruise and are shown on each cruise’s booking page. Some cruises, such as the Daytime Booze Cruise, are for guests 18 and older. Minors on all-ages cruises must be accompanied by an adult who is responsible for them at all times.

Alcohol. You must be 21 or older with valid government-issued photo ID to purchase or consume alcohol. Outside alcohol is not permitted. Our crew may refuse service to anyone and may remove any guest who appears intoxicated.

Outside food. Small snacks may be allowed on public cruises. Shelled nuts, sunflower seeds and gum are not permitted.

Smoking. Smoking and vaping are not permitted on board.

Conduct. Guests must follow all crew and captain instructions. We may refuse boarding or remove any guest, without refund, whose behavior is unsafe, disruptive, abusive or illegal. Guests are responsible for any damage they cause to the vessel or equipment.

Safety and risk. Boating involves inherent risks, including moving decks, slippery surfaces, weather and sea conditions. You participate voluntarily and are responsible for your own safety and belongings. Please tell our crew about any medical condition or accessibility need before boarding.

Wildlife. Sightings of sea lions, dolphins, whales and other wildlife are never guaranteed.

Photos. We may take photos or video on board for promotional use. If you prefer not to be

photographed, please let a crew member know.

5. SMS / Text Messaging Terms

Program name: Cruise San Diego Booking & Charter Updates

Program description. By opting in, you agree to receive text messages from Cruise San Diego LLC about your booking or charter. Messages may include booking confirmations, cruise reminders, check-in details, schedule or weather-related changes, and private charter planning. We do not send marketing or promotional text messages through this program.

How you opt in. You opt in by checking the SMS consent box on our charter inquiry or booking forms, or by texting us first and requesting updates. Consent to receive text messages is not a condition of purchasing any ticket or service. The consent checkbox is never pre-checked.

Message frequency. Message frequency varies based on your bookings and charter planning. Typically you will receive only a few messages per booking, sent when they are important to your trip.

Cost. Message and data rates may apply. Please check with your mobile carrier for details on your plan.

Opting out. You can cancel at any time by replying STOP to any message. We will send one confirmation that you have been unsubscribed, and you will receive no further messages unless you opt in again. You may also reply CANCEL, END, QUIT, UNSUBSCRIBE or STOP ALL.

Help. Reply HELP to any message for assistance, or contact us at (619) 288-8554 or info@cruise-sd.com.

Carrier disclaimer. Mobile carriers are not liable for delayed or undelivered messages.

Supported carriers. The program is available on major U.S. carriers. Delivery is not guaranteed on every carrier or device.

Your information. We do not sell, rent or share your mobile number or SMS opt-in consent with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy at cruise-sd.com/privacy-policy for details on how we handle your information.

Changing your number. If you change or deactivate your mobile number, please reply STOP from that number or notify us so we can remove it.

6. Website Use

All content on this Website, including text, photos, logos and videos, belongs to Cruise San Diego LLC or its licensors and may not be copied or used without our permission. You agree not to misuse the Website, interfere with its operation, or submit false booking information. Links to third-party sites (such as FareHarbor, review sites and social media) are provided for convenience, and we are not responsible for their content or practices.

7. Limitation of Liability

To the fullest extent permitted by law, Cruise San Diego LLC, San Diego Whale Watch, LLC, and their owners, crew and staff are not liable for any indirect, incidental or consequential damages arising from your use of the Website or our services. Our total liability for any claim related to a booking will not exceed the amount you paid for that booking. Nothing in these Terms limits liability that cannot be limited under California or federal maritime law.

8. Governing Law and Disputes

These Terms are governed by the laws of the State of California and applicable federal maritime law. Any dispute arising from these Terms or our services will be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to the jurisdiction of those courts.

9. Contact Us

Cruise San Diego LLC

1617 Quivira Rd, San Diego, CA 92109

Phone: (619) 288-8554

Email: info@cruise-sd.com