Terms & Conditions

Terms and Conditions

Website: www.deep-sea-fishing.co.za

Operator: Hooked on Africa Fishing Charters

Last updated: July 2025

 

These Terms and Conditions (“Terms”) govern all bookings made through www.deep-sea-fishing.co.za and all charter services provided by Hooked on Africa Fishing Charters (“we”, “us”, “our”), a deep sea fishing charter operator based in Hout Bay, Cape Town, Western Cape, South Africa. By making a booking, you (“the client”) agree to these Terms in full.

These Terms are published in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and the Consumer Protection Act 68 of 2008 (CPA).

1. Bookings and Confirmation

1.1 A booking is confirmed only upon receipt of the required deposit as specified at the time of booking and the issuing of a written confirmation by us via email.

1.2 The balance of the charter fee is due no later than 48 hours before the scheduled departure date, unless otherwise agreed in writing.

1.3 It is the client’s responsibility to ensure that all passenger details, contact numbers, and any relevant health or medical information are accurately provided at the time of booking.

1.4 By completing a booking, the client confirms that they are 18 years of age or older, or are booking on behalf of and with the consent of a minor’s parent or legal guardian.

2. Charter Operations and Skipper Authority

2.1 All vessels operated by or through us are commercial vessels subject to the South African Maritime Safety Authority (SAMSA) regulations under the Merchant Shipping Act 57 of 1951. All vessels hold current Local General Safety Certificates and skippers hold the requisite Certificates of Competence.

2.2 The skipper is the master of the vessel at all times and their decisions regarding safety, vessel operation, route, sea conditions, and the conduct of the charter are final and binding. The skipper’s authority as vessel master is a legal obligation under South African maritime law.

2.3 Clients and passengers must comply with all instructions given by the skipper and crew at all times. Failure to comply may result in removal from the vessel at the nearest safe point without refund.

2.4 We reserve the right to refuse boarding to any person who is visibly intoxicated, behaves in a manner that poses a risk to other passengers or crew, or who fails to sign the required indemnity form prior to departure.

3. Weather Cancellations

3.1 The safety and wellbeing of our clients and crew is our primary concern. The skipper, in their sole discretion as master of the vessel, has the authority to cancel, delay, or curtail any trip due to unsafe or unsuitable weather or sea conditions. This decision is final.

3.2 Where a trip is cancelled by us prior to departure due to weather or sea conditions, the client will be offered either:

• a full rescheduling of the trip to a mutually agreed alternative date; or
• a full refund of all amounts paid.

3.3 Where a trip commences but is curtailed due to deteriorating weather or sea conditions after departure, no automatic right to a refund arises, as the service will have been partially performed. At our discretion, we may offer a partial credit or rescheduling opportunity as a gesture of goodwill, having regard to the extent of the service delivered.

3.4 We will make reasonable efforts to notify clients of weather cancellations as early as practicable, and in any event no later than 2 hours before the scheduled departure time.

⚠ Clients are strongly advised not to book non-refundable travel or accommodation arrangements that are contingent on their fishing charter proceeding, as weather cancellations cannot be predicted in advance.

4. Seasickness and Early Return Requests

4.1 Seasickness is a foreseeable and normal risk associated with deep sea fishing in open ocean conditions off the Cape Peninsula. Clients accept this risk by booking a charter.

4.2 Crew will take reasonable steps to assist any passenger who becomes unwell, including making available seasickness remedies where carried on board.

4.3 Where an individual passenger requests an early return to harbour due to seasickness or personal discomfort, the skipper will use reasonable discretion to accommodate such a request where it is safe and practical to do so, taking into account the interests of all passengers on board. No refund is guaranteed in such circumstances as the service will have been partially performed.

4.4 Where the majority of passengers on a shared charter request an early return due to adverse conditions, the skipper will give this serious consideration and act reasonably.

5. Client Cancellations — Your Right Under the CPA

In terms of Section 17 of the Consumer Protection Act 68 of 2008, consumers have the right to cancel any advance booking or reservation. A supplier may charge a reasonable cancellation fee proportional to the notice given.

5.1 Cancellations must be made in writing to info@deep-sea-fishing.co.za.

5.2 The following graduated cancellation schedule applies:

• More than 14 days before departure: 10% of the total charter fee (administration fee only)
• 8 to 14 days before departure: 25% of the total charter fee
• 4 to 7 days before departure: 50% of the total charter fee
• 48 to 72 hours before departure: 75% of the total charter fee
• Less than 48 hours before departure: 100% of the total charter fee (no refund)
• No-show on departure day: 100% of the total charter fee (no refund)

5.3 Where the date of cancellation and the scheduled departure date are disputed, the date of the written cancellation notice received by us shall be determinative.

5.4 Where a rescheduled charter has been provided in lieu of a weather cancellation, and the client then cancels the rescheduled date, the cancellation schedule in clause 5.2 applies to that rescheduled booking.

5.5 We will process any applicable refund within 15 business days of receiving written cancellation notice, to the original payment method used.

6. Fishing Regulations Compliance

6.1 All clients are responsible for ensuring they hold a valid South African recreational fishing permit issued under the Marine Living Resources Act 18 of 1998, where required. Clients who intend to retain their catch must hold a valid permit.

6.2 All clients must comply with applicable bag limits, size limits, and species restrictions as prescribed by the Department of Forestry, Fisheries and the Environment (DFFE). It is not permissible to catch, retain, or possess species on the DFFE prohibited species list.

6.3 We accept no liability for any penalties, fines, or confiscation of catches arising from a client’s failure to hold the required permit or to comply with fishing regulations.

7. Conduct on Board

7.1 Reasonable consumption of alcohol is permitted on board at the client’s own risk. Clients who are excessively intoxicated may be refused boarding or removed from the vessel.

7.2 Clients must handle all fishing tackle and equipment safely and in accordance with crew instructions. We accept no liability for injuries caused by a client’s mishandling of hooks, rods, or other equipment.

7.3 Any wilful damage to the vessel or equipment caused by a client will be charged to that client at replacement cost.

8. Indemnity

8.1 Prior to boarding, all adult passengers will be required to sign a physical indemnity form acknowledging the inherent risks of deep sea fishing and releasing us from liability for injuries or loss except where caused by our gross negligence.

8.2 For clients with minor children, the parent or legal guardian must sign the indemnity form on behalf of the minor.

8.3 Refusal to sign the indemnity form constitutes grounds for refusing boarding. No refund will be issued in such circumstances.

9. Insurance

9.1 Hooked on Africa Fishing Charters maintains public liability insurance of up to R20,000,000 (twenty million rand) covering passenger liability, third-party liability, and crew liability.

9.2 This insurance does not cover clients’ personal property, personal accident insurance, or travel cancellation insurance. Clients are strongly advised to arrange their own travel insurance, personal accident cover, and medical insurance appropriate to participation in deep sea fishing activities.

9.3 Details of our insurance coverage are available on request.

10. Intellectual Property

All content on www.deep-sea-fishing.co.za including text, photographs, graphics, and branding is the property of Hooked on Africa Fishing Charters and is protected by South African copyright law. Reproduction of any content without written permission is prohibited.

11. Amendments

We reserve the right to amend these Terms at any time. The version published on the Website at the time of booking shall apply to that booking.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall first be referred to the parties for good-faith negotiation. Unresolved disputes may be referred to the Consumer Goods and Services Ombud (CGSO) or the relevant court of competent jurisdiction in South Africa.

Consumer complaints may also be referred to the National Consumer Commission: www.thencc.org.za.