Terms & Conditions
Website: www.deep-sea-fishing.co.za
Business: Southern Africa Experiences CC
Registration Number: 2007/013383/23
Trading / Service Name: Deep Sea Fishing Cape Town
Business / Correspondence Address: Workshop17 Kloof Street, 32 Kloof Street, Gardens, Cape Town, 8000, South Africa
Contact: Please use the Contact page on this Website for current telephone and email contact details.
These Terms & Conditions govern your use of www.deep-sea-fishing.co.za and the charter enquiry, introduction and booking facilitation services provided by Southern Africa Experiences CC through Deep Sea Fishing Cape Town.
Important: Deep Sea Fishing Cape Town is an independent charter introduction and booking facilitation service. We are not, unless expressly stated otherwise in writing, the owner or operator of the charter vessel, the skipper, carrier or provider of the marine activity.
1. Our Role
Deep Sea Fishing Cape Town assists customers in identifying potentially suitable independent fishing charter and marine activity operators based on requirements such as date, number of guests, departure location, charter type, preferred vessel and budget.
Our services may include receiving an enquiry, obtaining basic requirements, checking availability, obtaining or communicating indicative pricing, identifying suitable operators and introducing the customer to an independent charter operator.
Operators may be located in South Africa or in other countries or jurisdictions, including Mauritius.
Submitting an enquiry through this Website does not itself create a charter booking or charter contract.
2. Independent Charter Operators
All charter operators introduced through this Website operate as independent businesses.
Deep Sea Fishing Cape Town does not own, operate, navigate, crew, maintain or control the independent vessels used by these operators.
The independent Charter Operator is responsible for the actual provision and operation of the charter, including its vessel, skipper, crew, navigation, safety, equipment, insurance, permits, licences, passenger capacity, operating procedures and compliance with the laws applicable in the country and area in which the charter operates.
3. Customer’s Choice of Operator
We may provide one or more charter options which appear suitable based on the information supplied to us.
The final decision whether to book a particular operator, vessel or charter remains entirely with the customer.
Customers may request further information from the proposed Charter Operator before proceeding, including information relating to the vessel, skipper, licensing, insurance, safety procedures, passenger indemnities, cancellation terms and operating conditions.
4. Contract With the Charter Operator
If you decide to proceed with an operator introduced through Deep Sea Fishing Cape Town, the contract for the actual charter is between you and the selected independent Charter Operator.
The operator’s own Terms & Conditions, payment requirements, cancellation and refund conditions, passenger indemnity or waiver, safety requirements and other contractual conditions apply to the charter.
Deep Sea Fishing Cape Town is not a party to the operator’s charter contract merely because we generated the enquiry, provided information, obtained availability or pricing, facilitated communication or introduced the parties.
5. Booking Confirmation
A charter is not confirmed merely because an enquiry has been submitted, availability has been discussed or a quotation has been provided.
A charter is confirmed only when the requirements specified by the selected Charter Operator have been met. These requirements may include full or partial upfront payment, acceptance of the operator’s Terms & Conditions, completion of passenger information or indemnities and written confirmation from the Charter Operator.
Customers should not assume that a vessel or charter date has been reserved until written booking confirmation has been received.
6. Prices and Quotations
Prices displayed on this Website or communicated before final confirmation are indicative unless expressly confirmed as fixed in writing by the selected Charter Operator.
Prices and availability may change without prior notice before a booking is finally confirmed.
Pricing may be affected by factors including:
- fuel prices;
- exchange-rate movements;
- operator price changes;
- vessel size or vessel availability;
- number of passengers;
- charter duration;
- charter type;
- departure location;
- seasonal pricing;
- additional boats;
- catering;
- equipment;
- additional services or requested add-ons; and
- other changes to the customer’s requirements.
For international charters, including Mauritius, quotations may be provided in South African Rand, Mauritian Rupees, Euros, US Dollars or another currency specified by the Charter Operator. Currency conversions are indicative unless expressly fixed in writing.
The final charter price is determined and confirmed by the Charter Operator.
7. Changes After a Quote or Booking
A quotation is based on the requirements supplied at the time it is prepared.
Changes to the number of guests, charter type, vessel requirements, departure location, duration, date or requested services may require the Charter Operator to issue a revised quotation.
An increase in passenger numbers may require a larger vessel or additional vessel and may result in additional charges.
A change in the type of charter may also require a different vessel, skipper, crew, operating area or departure location and may therefore be treated by the operator as a new or amended booking.
Once a quotation has been accepted and a charter confirmed, a later reduction in passenger numbers or requirements does not automatically entitle the customer to a reduction in price. Any reduction, credit or amendment must be approved in writing by the selected Charter Operator, subject always to any rights that cannot lawfully be excluded.
8. Vessel Substitution
The vessel initially discussed, advertised or quoted may need to be substituted by the Charter Operator.
Reasons may include weather or sea conditions, passenger numbers, mechanical or operational requirements, vessel availability, charter type, safety considerations or a change in departure location.
The decision regarding an appropriate replacement vessel is made by the Charter Operator.
Deep Sea Fishing Cape Town is not responsible for the substitution of a vessel by an independent operator.
9. Payments
Unless expressly stated otherwise, charter payments are made directly to the selected independent Charter Operator or through the operator’s authorised payment system.
The Charter Operator is responsible for invoicing, deposits, balances, payment processing, receipts, refunds and payment disputes relating to its charter.
Full or partial upfront payment may be required to secure a vessel and booking.
Deep Sea Fishing Cape Town does not guarantee that a vessel remains available until the Charter Operator has confirmed the booking in writing.
10. Additional Charges and Add-Ons
Any additional product or service requested after the original quotation may be separately billable.
This may include additional passengers, additional boats, larger vessels, additional hours, catering, beverages, specialist equipment, transfers, guides, photographers, accommodation-related arrangements or other optional services.
The Charter Operator will determine and confirm charges relating to the charter and its additional services.
11. Arrival Times, Late Arrival and No-Shows
Customers are responsible for arriving at the Charter Operator’s specified meeting point by the required check-in or arrival time.
Customers should allow sufficient additional time for traffic, parking, transfers, harbour access, security procedures and locating the correct departure point.
A vessel cannot necessarily be held for passengers who arrive late.
If a customer arrives late and the Charter Operator is able to proceed, the charter may be shortened by the period of the delay or otherwise adjusted in accordance with the Charter Operator’s operating schedule.
Late arrival does not automatically entitle the customer to an extension of the charter, refund, partial refund or price reduction.
If the customer misses the vessel or fails to arrive, the Charter Operator’s no-show and cancellation conditions apply.
Deep Sea Fishing Cape Town is not responsible for missed departures or shortened charters resulting from a customer’s late arrival.
12. Weather and Sea Conditions
Marine activities are dependent on weather, sea conditions and other environmental factors which can change rapidly.
The skipper and Charter Operator have sole operational responsibility for determining whether a charter can safely proceed, should be delayed, relocated, shortened, altered, postponed or cancelled.
Deep Sea Fishing Cape Town does not make or control these operational or safety decisions.
Different vessels may have different safe operating limits. Conditions suitable for one vessel may not be suitable for another.
13. Safety, Vessel Compliance and Licensing
The Charter Operator is solely responsible for ensuring that its vessel and operation comply with all laws and regulatory requirements applicable in the jurisdiction in which the charter takes place.
For South African operators, this includes applicable requirements of SAMSA and other competent South African maritime, fisheries and regulatory authorities.
For Mauritius operators, this includes applicable requirements of the competent Mauritian tourism, maritime, pleasure craft, skipper, fisheries and other regulatory authorities.
For operators elsewhere, the equivalent requirements of the relevant local authorities apply.
Where applicable, the Charter Operator is responsible for maintaining required:
- commercial vessel or pleasure craft licences;
- vessel registrations and safety certificates;
- skipper qualifications and licences;
- fishing and activity permits;
- passenger capacity approvals;
- safety equipment;
- public, passenger and third-party liability insurance; and
- any other legally required approvals.
Any documentation reviewed or received by Deep Sea Fishing Cape Town does not constitute a guarantee or certification by us that the Operator remains compliant at all times.
14. Passenger Indemnities
The selected Charter Operator may require passengers to complete and accept its own passenger indemnity, waiver, assumption-of-risk acknowledgement or safety documentation before departure.
These documents are provided and administered by the Charter Operator.
Deep Sea Fishing Cape Town does not replace the Charter Operator’s own passenger indemnity or safety documentation.
15. Customer Insurance
Customers are strongly advised to arrange their own appropriate insurance before participating in a charter.
Depending on the customer’s circumstances, this may include travel insurance, medical insurance, personal accident insurance, life cover, cancellation or curtailment insurance and insurance covering personal belongings, cameras, fishing equipment and other property.
The existence of insurance held by a Charter Operator should not be assumed to provide personal travel, accident, medical, life or property insurance for the customer.
Deep Sea Fishing Cape Town does not provide passenger insurance and is not responsible for administering claims under the customer’s or operator’s insurance policies.
16. Fishing Results
Fishing is a nature-based activity and no particular catch, species, number, size or weight of fish can be guaranteed.
Fishing results depend on environmental conditions, season, water temperature, migration, weather, sea conditions and other factors outside the control of Deep Sea Fishing Cape Town.
A poor fishing result or absence of a catch does not by itself constitute a failure by Deep Sea Fishing Cape Town to provide its introduction or facilitation service.
17. Cancellations and Refunds
The cancellation, postponement, rescheduling, credit and refund terms applicable to the actual charter are determined by the selected Charter Operator and form part of the customer’s agreement with that operator.
Any request relating to cancellation, refund, chargeback, postponement, rescheduling or dissatisfaction with the provision of the charter must be directed to the Charter Operator.
Deep Sea Fishing Cape Town does not determine whether a charter refund is payable by an independent operator.
Please also refer to our separate Refund & Cancellation Policy.
18. Complaints, Disputes and Claims
Any complaint, claim, legal dispute or insurance claim arising from the operation or provision of a charter should be addressed directly to the independent Charter Operator responsible for providing that charter.
This includes claims involving the vessel, skipper, crew, accident, injury, loss, damage, cancellation, refund, late departure, shortened trip, equipment, customer property or performance of the charter.
19. Personal Information and International Operators
Where necessary to respond to your enquiry, we may share relevant enquiry information with independent Charter Operators in South Africa or another country, including Mauritius.
International transfers of personal information will be handled in accordance with applicable data-protection requirements, including the Protection of Personal Information Act 4 of 2013.
Please refer to our Privacy Policy for further information.
20. Commission and Referral Remuneration
Deep Sea Fishing Cape Town may receive a referral fee or commission from a Charter Operator when an introduction results in a confirmed booking.
This arrangement does not make Southern Africa Experiences CC the operator of the charter.
Any separate fee charged directly to the customer by Deep Sea Fishing Cape Town will be disclosed before the customer agrees to that service.
21. Website Information
We take reasonable care when presenting information supplied to us, but vessel information, availability, pricing, departure details, inclusions and operating conditions may change.
Information published on this Website should be confirmed with the selected Charter Operator before final booking.
22. Limitation of Deep Sea Fishing Cape Town’s Responsibility
To the fullest extent permitted by applicable law, Southern Africa Experiences CC and Deep Sea Fishing Cape Town are not responsible for the independent acts or omissions of a Charter Operator, vessel owner, skipper, crew member or other independent third-party provider.
We do not assume responsibility for:
- operation or navigation of an independent vessel;
- seaworthiness or maintenance of the vessel;
- acts or omissions of the skipper or crew;
- accidents or incidents occurring during the charter;
- personal injury or loss occurring during the charter;
- customer property taken aboard a vessel;
- weather or sea conditions;
- fishing results;
- vessel breakdown;
- operator cancellations;
- missed or shortened charters;
- the Operator’s insurance arrangements;
- the Operator’s licences or regulatory compliance;
- refunds due by the Operator; or
- the Operator’s performance of its charter contract.
Nothing in these Terms excludes or limits any liability of Southern Africa Experiences CC that cannot lawfully be excluded or any consumer right which cannot lawfully be waived.
23. Governing Law
The operation of this Website and the facilitation services provided by Southern Africa Experiences CC are governed by the laws of the Republic of South Africa.
The actual charter contract may additionally or instead be subject to the laws, contractual conditions and jurisdiction applicable to the selected Charter Operator and the country in which the charter takes place.
For example, a charter taking place in Mauritius may be subject to Mauritian law and the Charter Operator’s own contractual terms.
24. Changes to These Terms
We may update these Terms from time to time. The current version will be published on this Website.
25. 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.