Disclaimer
Website: www.deep-sea-fishing.co.za
Business: Southern Africa Experiences CC
Registration Number: 2007/013383/23
Service: Deep Sea Fishing Cape Town
Deep Sea Fishing Cape Town, operated by Southern Africa Experiences CC, provides an independent charter enquiry, introduction and booking facilitation service.
Deep Sea Fishing Cape Town does not own, operate, navigate, crew or control the independent charter vessels displayed, discussed or introduced through this Website unless expressly stated otherwise in writing.
1. Independent Charter Operators
Fishing charters, cruises and other marine activities referred through this Website are supplied by independent third-party Charter Operators.
Operators may be located in South Africa or in other countries, including Mauritius.
The customer independently decides whether to proceed with a particular Charter Operator.
If the customer chooses to book, the actual charter agreement is between the customer and the selected Charter Operator.
2. Operator Responsibility
The independent Charter Operator is responsible for the actual provision and operation of the charter.
This includes responsibility for matters within the Operator’s ownership or control, including:
- the vessel;
- vessel condition and seaworthiness;
- maintenance;
- skipper;
- crew;
- navigation;
- safety procedures;
- passenger capacity;
- safety equipment;
- communications and emergency equipment;
- insurance;
- vessel licences;
- skipper qualifications;
- fishing or activity permits;
- passenger indemnities;
- weather and operational decisions;
- cancellations and refunds; and
- compliance with applicable laws.
3. Operators Outside South Africa
Where the charter is operated outside South Africa, including in Mauritius, the independent Charter Operator is responsible for compliance with the laws, licences, permits, certifications, insurance and regulatory requirements applicable in that jurisdiction.
Deep Sea Fishing Cape Town does not represent that South African SAMSA requirements apply to foreign vessels.
Foreign operators must comply with the equivalent applicable maritime, tourism, pleasure craft, fisheries, skipper, safety and insurance requirements of the country in which they operate.
4. Compliance Information
We may request or receive information from operators concerning vessels, insurance, licences or other compliance matters.
However, any such information or documentation does not constitute an independent legal, technical, safety or insurance certification by Southern Africa Experiences CC.
Customers may request confirmation directly from the Charter Operator before deciding whether to book.
5. Website Information
Information on this Website is intended to assist customers in considering possible charter options.
Vessel specifications, photographs, passenger capacities, equipment, departure locations, availability, pricing and inclusions may be supplied by independent Charter Operators and may change.
Customers should confirm material booking details with the selected Charter Operator.
6. Pricing
Prices displayed on this Website or provided during an initial enquiry may be indicative and are subject to change before final written confirmation by the selected Charter Operator.
Factors affecting pricing may include:
- fuel prices;
- currency exchange rates;
- Operator pricing changes;
- seasonality;
- vessel availability;
- boat size;
- passenger numbers;
- charter duration;
- departure location;
- charter type;
- additional boats; and
- requested extras or add-ons.
The Charter Operator is responsible for confirming the final price.
7. Changes to Requirements
Changes to the number of guests, charter type, departure location, charter duration, date or other requirements may require a different vessel or revised price.
An increase in guests may require a larger vessel or additional vessel.
A reduction in guest numbers after a charter has been confirmed does not automatically create a right to a price reduction. Any revised price, credit or reduction is subject to written approval by the selected Charter Operator and applicable law.
8. Vessel Substitution
A Charter Operator may need to substitute a vessel because of weather, mechanical issues, passenger numbers, vessel availability, safety considerations, operating area or a change in charter requirements.
Deep Sea Fishing Cape Town does not control vessel allocation or substitution decisions made by an independent Charter Operator.
9. Weather and Operational Decisions
Weather and sea conditions can change rapidly.
The skipper and Charter Operator have final responsibility for operational and safety decisions relating to the charter.
This may include changing, delaying, relocating, shortening, postponing or cancelling a charter.
Deep Sea Fishing Cape Town does not make or override these decisions.
10. Fishing Results
No specific catch, species, number, size or weight of fish can be guaranteed.
Fishing depends on natural conditions including weather, sea temperature, currents, migration, season and fish behaviour.
A poor fishing day or absence of a catch is not evidence that Deep Sea Fishing Cape Town failed to provide its introduction service.
11. Late Arrival and Missed Departures
Passengers are responsible for arriving at the correct departure location by the time specified by the Charter Operator.
Customers should allow sufficient time for traffic, transfers, parking, harbour access and check-in procedures.
Boats cannot necessarily wait for late passengers.
If a charter can still proceed following a late arrival, the trip may be shortened by the period of the delay or otherwise altered according to the Operator’s requirements.
A late arrival, missed departure or no-show does not automatically create a right to a refund or extended charter.
12. Personal Property
Customers are responsible for personal belongings brought on or around the vessel, including phones, cameras, clothing, fishing equipment and other personal property.
Claims relating to loss or damage occurring during an independently operated charter should be addressed to the relevant Charter Operator and, where appropriate, the customer’s own insurer.
13. Customer Insurance
Customers are strongly advised to obtain appropriate personal insurance before participating in marine activities.
This may include travel, medical, personal accident, life, cancellation, curtailment and personal-property insurance.
Deep Sea Fishing Cape Town does not provide passenger insurance and does not warrant that an Operator’s insurance will cover every loss which a passenger could experience.
14. Inherent Risks
Fishing and marine activities involve inherent risks associated with vessels, water, weather, waves, movement, fishing equipment, hooks, marine wildlife and other conditions.
Passengers must follow the instructions and safety requirements of the Charter Operator and skipper.
The Charter Operator may require passengers to complete its own indemnity or assumption-of-risk documentation before departure.
15. Payments, Refunds and Cancellations
Payments for independently operated charters are ordinarily made directly to the selected Charter Operator or through that Operator’s authorised payment system.
The selected Operator’s own cancellation and refund conditions govern its charter booking, subject to applicable law.
Refund requests, chargebacks, payment disputes, cancellations and rescheduling requests relating to the charter should be addressed directly to the Charter Operator.
16. Claims and Legal Disputes
Any claim or dispute arising from the actual provision or operation of the charter should be directed to the independent Charter Operator responsible for providing that charter.
This includes claims relating to accidents, injury, loss, property damage, vessel operation, skipper or crew conduct, cancellation, refunds, charter performance or safety.
17. International Charters and Applicable Law
A charter taking place outside South Africa may be governed by the laws and regulatory requirements of the country in which the Charter Operator operates.
A Mauritius charter may therefore be subject to Mauritian laws and the Charter Operator’s own contractual conditions.
The laws applicable to the charter itself may differ from the South African laws governing Southern Africa Experiences CC and this Website.
18. Personal Information
Where a customer requests charter options outside South Africa, relevant enquiry information may need to be supplied to a foreign Charter Operator, including an operator in Mauritius.
Such transfers are handled subject to applicable data-protection law.
Please refer to our Privacy Policy for further details.
19. Third-Party Websites and Booking Systems
This Website may contain links to independent Charter Operator websites, booking systems, payment providers and other external services.
Southern Africa Experiences CC does not control these third-party systems or their independent terms, content, privacy practices or availability.
20. Limitation of Liability
To the fullest extent permitted by applicable law, Southern Africa Experiences CC and Deep Sea Fishing Cape Town do not accept responsibility for the independent acts or omissions of a Charter Operator, vessel owner, skipper, crew member or other third-party provider.
This includes matters relating to:
- operation or navigation of an independent vessel;
- seaworthiness or maintenance;
- skipper or crew conduct;
- accidents or incidents during the charter;
- injury, death, loss or damage arising from the charter;
- personal property;
- weather and sea conditions;
- fishing results;
- operator licences or permits;
- operator insurance;
- passenger indemnities;
- operator cancellations;
- operator refunds;
- vessel substitutions;
- delays;
- missed departures; and
- the Operator’s performance of its charter contract.
Nothing in this Disclaimer excludes any liability of Southern Africa Experiences CC which cannot lawfully be excluded or limits any consumer right which cannot lawfully be waived.
21. Contact
Southern Africa Experiences CC
Registration Number: 2007/013383/23
Workshop17 Kloof Street
32 Kloof Street
Gardens
Cape Town
8000
South Africa
For current telephone and email contact details, please use the Contact page on www.deep-sea-fishing.co.za.