Ter,s & Condition and Disclaimer for SharkSafaris.co.za
| Home | Contact | FAQ | Site index |
     
 

Terminology

Client: The person or company purchasing products or services from Educational Shark Safaris.

Agent: Any company or person through which the Client purchases his/hers products or services offered by Educational Shark Safaris.

Company: For the purpose of these Terms & Conditions the exact word Company means Educational Shark Safaris.

 
     
  1. Website Disclaimer  
 

The information contained in this website is for general information and promotional purposes only. The information is provided by Educational Shark Safaris and whilst we endeavor to keep the site updated and correct at all times we make no representations or warranties of any kind, express or implied, about the completeness or availability with respect to the website or the related graphics contained on the website for any purpose.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you may be able to link to other websites which are not under the control of Educational Shark Safaris. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Unauthorized use of this website may give to a claim for damages and/or be a criminal offence.

Every effort is made to keep the website up and running smoothly. However, Educational Shark Safaris takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Copyright ©
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All text and images on this website are copyrighted. Unauthorized use will result in prosecution.

 
   
Fur seals are often encountered on our dives in the Western Cape. slide10
     
  2. How to book  
 

You must have a clear understanding of what is included and excluded in the trip/safari/course/training program/services rendered when you make a booking, either by completing a booking form or from previous communications (written such as, but not limited to, e-mail, fax, letter and verbally e.g. telephonically) with Educational Shark Safaris. Once you have accepted the terms of these conditions a non-refundable deposit of 50% of the total amount quoted secures your booking for the particular product or services in question.

 
   
     
  3. Payment  
 

Full amount (100%) of the quoted product or services rendered is due no later than one month before commencement of the trip/safari/course/training program/services rendered. For bookings made less than one month before commencement the full amount (100% of quotation) is non-refundable and due on a date agreed to by both you as the Client and at the discretion of Educational Shark Safaris. No contract exists between you as the Client and Educational Shark Safaris until the prescribed deposit has been paid. The deposit will be refunded should Educational Shark Safaris cancel or be unable to offer the trip/safari/course/training program/services rendered as agreed upon. Transmission payments and final settlements are required to clear on the bank account of Educational Shark Safaris at the invoiced amount and before due dates as stipulated in quotation received.

By paying the deposits for the products or services to Educational Shark Safaris the Client accepts the Terms and Conditions published at any time on the Company’s website.

 
     
  4. Payment options  
 

A cancellation and/or adjustments to the booking of a journey or course must be in writing. Educational Shark Safaris reserves the right to recover any costs incurred or charges received from suppliers up to the date of cancellation. Any bank fees related to the booking and cancellation of a tour or activity will also be charged to the client.

All of the above are applicable unless agreed to by both parties.

 
 

 

 
  5. Cancellations by Educational Shark Safaris  
 
Educational Shark Safaris reserves the right in any circumstances to cancel the trip/safari/course/training program/services rendered. In situations where Educational Shark Safaris cannot provide the trip/safari/course/training program/services rendered the Company will return the specified amount to the Client. The Company may in such instances offer you as the Client alternative activities/trip/safari/course/training program/services rendered of comparable standards whereby both parties have to agree on this before made into effect.
 
     
  6. Cancellations by the Client  
slide12
Cancellations of any booking must be made in writing by the person who is responsible for the booking and payment of deposits. The cancellation is only effective once Educational Shark Safaris has received the cancellation. If the cancellation is received less than a month prior to the start of the activity/trip/safari/course/training program/services rendered the appropriate deposit shall be forfeited. The only exception to this is if a written agreement exists between you as the Client and Educational Shark Safaris of alternative arrangements. If a Client fails to join the activities/trip/safari/course/training program/services rendered, or joins after the commencement of said product or service, or departs from the activities/trip/safari/course/training program/services rendered no refund will be made unless other arrangements has been agreed to in writing by both parties. Any banking fees related to the cancellation of a product or service rendered will be charged to the Client.
Giraffes from a South African game reserve.
     
  7. Alterations to itineraries, products and services  
 

Educational Shark Safaris is not responsible for any compensation to the Client if the Company is forced to cancel or change the activity/trip/safari/course/training program/services rendered as a consequence of force majeure, for example, but not limited to, riot, natural disaster, war, crime or unlawful activities committed towards Client by third party, civil strife, fire and adverse weather conditions or other circumstances beyond the control of the Company or its subcontractors.

The Company reserves the right to alter the itinerary or schedule accordingly to make time for any time lost due to any unforeseen circumstances. Educational Shark Safaris is not responsible for the cost of any transport or accommodation other than that included in the agreement that exists between both parties, i.e. the items which have been paid for by the Client.

Although every effort is made to adhere to itineraries and schedules as quoted for, Educational Shark Safaris reserves the right to occasionally change the program in terms of accommodation, routes travelled, scheduled boat launches as brought about by changing conditions, such as for instance weather. This is deemed by the Company as in the best interest of the Client and will be communicated clearly to the Client. If major changes to the product or services are necessary notification of such changes will be sent to the Client in writing. Educational Shark Safaris reserves the right to adjust the itinerary or schedule after commencement of the activity/trip/safari/course/training program/services rendered if it is in the Client’s interest to do so.

 
     
  8. Insurance  
 
As the Client you are responsible for obtaining your own insurance in connection with participating in activities arranged by the Company such as for instance diving, which some health and travel insurance providers do not cover. We recommend Divers Alert Network as an insurance provider for diving activities. For certain activities such as hiking expeditions in remote areas we also recommend an insurance policy which covers evacuation, injury, repatriation, hospital expenses and medical expenses. It is the responsibility of the Client to ensure his/hers insurance policy is signed with a reputable insurance provider and cover participation in the activity/trip/ safari/course/training program/services rendered by the Company. If a Client becomes ill or is injured all expenses in connection with this is the responsibility of the Client. Educational Shark Safaris shall not be liable for any refund in such an instance. It is recommended that the Client obtains his/her own personal travel and cancellation insurance.
 
     
  9. Health  
 
As the Client you acknowledge that you are aware of the itinerary or schedule of the activity/trip/safari/course/training program/services rendered and confirm that you are medically fit and able to participate in these. Any pre-existing medical condition must be made known to the Company prior to departure and at the discretion of Educational Shark Safaris a medical certificate from a general practitioner may be requested. For diving programs a PADI Medical Statement is always required to be completed and signed by the student before starting the course. The Company and instructor handling the medical statement undertake to treat any such information with the strictest confidentiality.
 
     
  10. Baggage and personal effects  
 
The Company does not accept any liability of personal belongings and baggage of the Client and advice you to purchase the appropriate insurance to cover loss or damage of such items.
 
     
  11. Jurisdiction and law  
 
The laws of the Republic of South Africa shall govern the relationship between Educational Shark Safaris and the Client, and the Courts of Republic of South Africa shall have sole jurisdiction in respect of any claims and/or disputes which may arise between the Company and/or the Agent and/or the Client.
 
     
  12. Liability  
slide13

Educational Shark Safaris accepts no responsibility for loss or damage to luggage, or personal property such as, but not limited to, scuba gear and camera gear, from whatsoever cause arising. Clients are advised to take up adequate insurance cover.

Educational Shark Safaris shall not be responsible for the consequences of any delays whether arising from weather and ocean conditions, accidents, breakdowns, or any other cause. Educational Shark Safaris reserves the right to cancel a tour or activity at anytime. We take no responsibility for activities cancelled due to weather and ocean conditions, natural occurrences, conditions deeming an activity unsafe at the time, or any other reasons.

Educational Shark Safaris is not responsible for any damages sustained by any Client as a result of any act or omission whatsoever of any accommodation, transport company or other tour operator or subcontractor, notwithstanding the fact the Educational Shark Safaris acted as Agent of such accommodation, transportation or other person.

Partaking in water and outdoor sports, hiking, diving activities, and wildlife interaction, whether on land or at sea is at your own risk. By booking an activity/trip/safari/course /training program/services rendered with Educational Shark Safaris, you agree that neither Educational Shark Safaris nor their associates are liable for any damages, direct or indirect, that may arise from partaking in our tours or any of the activities that we offer or recommend. This includes damages, without limitation, physical damages, bodily injuries and /or emotional stress and discomfort. The Client accepts that although Educational Shark Safaris has a 100% safety record there is always a certain risk associated with travelling and the activities we offer and that interacting with the natural elements, the ocean and its inhabitants may result in injury and even death.

As the Client you accept to sign any and all liability releases required by either Educational Shark Safaris or its subcontractors and associates before partaking in any activities of either. The minimum required releases for partaking in diving programs arranged by Educational Shark Safaris are the PADI Standard Safe Diving Practices Statement of Understanding, the PADI Liability Release and Assumption of Risk Agreement (for the appropriate program accordingly) and the PADI Medical Statement. When outsourcing and subcontracting an activity/trip/safari/course /training program/services rendered to another company than Educational Shark Safaris the Client accepts to abide by the terms and conditions of the subcontracted company and may have to sign an additional separate liability release and assumption of risk form for this particular company.

 

Baboon (Papio ursinus) at Cape Point
     
Top Diving Sites
© 2011 - 2017 Educational Shark Safaris cc. All rights reserved