Clients/tour operators/travel agencies/dive centres will, upon request, be issued with an estimate quote of the dates and cost pertaining to the proposed itinerary/enquiry. Upon receipt from the clients/tour operators/travel agencies/dive centres of confirmation of the proposed dates, costs and itinerary, Diving with Sharks will prepare an invoice.
No reservation shall be made on an estimate quote, only on an accepted invoice.
The prices quoted on the invoice are in ZAR.
We reserve the right to amend our rates in the event of increased costs until a deposit payment is received.
However, once full payment of the invoiced amount is received, the price is guaranteed.
Diving with Sharks may engage the services of an additional supplier to provide certain services. We do not accept liability for any loss, damage, injury or death which any client may suffer as a result of any act or omission on the part of or the failure of the additional supplier to fulfil their obligations, whether in relation to an excursion, accommodation or any other service.
The client acknowledges that he/she has selected the itinerary and destination(s) constituting the reservation based on information gleaned from advertising materials and/or the internet. It is also understood that where it pertains to certain additional sectors of the itinerary selected, that the advertising materials and/or internet are updated and managed by those additional suppliers involved and that Diving with Sharks has no control over this. Accordingly, Diving with Sharks cannot and does not guarantee that the itinerary selected as an additional destination will comply in whole or in part with such advertising materials and/or the internet. Any right of recourse in that regard will be against the additional supplier in question.
We have the right to amend and/or extend itineraries should weather or other conditions dictate so. Each client accepts that due to the nature of the trip, there has to be an element of flexibility in the itinerary and that changes may be required due to factors such as weather and other local factors. It is understood that expenses relating to these amendments and/or unscheduled extensions (including additional accommodation etc) will be for the clients account. Whilst Diving with Sharks has made every effort to ensure the accuracy of the information provided, the company reserves the right to make reasonable changes which they consider necessary or advisable, but will endeavour to minimize the impact of any such changes. No compensation will be payable.
Upon acceptance of a quote, an invoice will be issued, requesting the payment of a 50% non refundable deposit. Once the 50% deposit has been received from the client/tour operator/travel agent/dive centre, the booking will be made and it will be secured.
Late bookings may necessitate the use of a courier service, which will be for the client’s account.
Final payment is due prior to the client’s arrival for the trip. Upon receipt of such monies, we will request the client information from the client/tour operator/agency/dive centre.
Payment must be made directly into the bank account of Diving with Sharks and all payments must be free of bank charges.
Additional costs incurred on the trip will be for the client’s account and will need to be settled with cash/bank transfer
Cancellations of any bookings more than 60 days before commencement of itinerary will not normally incur a cancellation fee, although we reserve the right to recover any direct costs.
In the event of a cancellation less than 60 days and more than 40 days prior to commencement of itinerary, a cancellation fee of up to 60% of the quoted itinerary cost will be incurred.
A cancellation less than 40 days prior to commencement of an itinerary will result in a cancellation fee of up to 100% of the quoted price.
Each cancellation will be treated fairly and on its merits.
Please note that if the cancellation falls within the terms of your holiday insurance, the cancellation charges will normally be refunded by your insurance company (less any excess applicable).
It is strongly advised that all clients take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment (note that Diving with Sharks will not be responsible or liable if the clients fails to take adequate insurance cover or at all). It shall not be obligatory upon Diving with Sharks to effect insurance for the client except upon detailed instructions given, in writing, and all insurance effected pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk and that Diving with Sharks shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance only.
Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
In the event of any medical services being required, clients shall be responsible for all related expenses including ambulance/helicopter services and the like.
Each client agrees to accept the authority of the company’s or any supplier, tour leaders and guides for the duration of their journey and to follow any safety guidelines given. If, in the opinion of a tour leader or guide, the conduct of any client appears likely to endanger the safety and well being of any individual, or to cause distress or annoyance or damage to property, the leader or guide may ask that person to leave the itinerary without any right to refund, compensation or indemnification. In this event, the company’s responsibility ceases immediately.
Diving with Sharks, its servants, agents and employees are not liable for any flight delays or cancellations of flights howsoever caused. This is solely a matter for the airline company. Therefore, we would urge anyone booking our itineraries to be comprehensively covered by a valid insurance company.
In the case of a group booking, the person making the bookings warrants that they have the consent and authority of each client named on the booking form and any accompanying lists (or, if applicable, a parent or guardian) to sign the form on their behalf that they have brought these conditions to the attention of each client (or a parent or guardian), that each client agrees to be bound by these conditions.
No refund or compensation is payable for any unused accommodation, flight, service or feature provided during the itinerary, nor are these exchangeable or transferable to others. Refunds by any supplier on the itinerary will be subject to their terms and conditions.
If clients make any late bookings or alterations to any portion of their itinerary, such alterations will be completely at their own expense. Clients who do not participate in or complete the diving element of the itinerary for any reason whatsoever cannot be refunded for the unused portion of the diving.
It is entirely the clients’ duty to ensure that all passports and visas are current, valid, obtained on time and will be valid for 6 (six) months after return to home country and that any vaccinations, inoculations, prophylactic (for malaria) and the like, where required, have been obtained. Please check the requirements with the travel agent/tour operator/dive centre before travelling.
The travel agent/tour operator/dive centre will endeavour to assist the client but such assistance will be at the travel agent/tour operator/dive centres discretion and the client acknowledges that in doing so. The travel agent/tour operator/dive centre is not assuming any obligation or liability and the client indemnifies the travel agent and Diving with Sharks against any consequences of non-compliance.
Clients with specific dietary requirements i.e. vegetarian, Kosher, Halaal etc. must advise Diving with Sharks at the time of confirming their reservation. Whilst Diving with Sharks will use its best endeavours to accommodate such requests, it does not guarantee that it will.
All arrangements and reservations are made and booked on the express condition that Diving with Sharks shall not be responsible for and shall be exempt from all liability in respect of any loss, damage, accident, injury, illness, harm, death, delay or inconvenience to or of any person, or his/her luggage or other property, wherever, whenever and howsoever the same may occur – whether or not arising from any act, omission, default or negligence on the part of Diving with Sharks whatsoever, unless such claim is due to the gross negligence of Diving with Sharks and such claim is lodged, in writing, with Diving with Sharks within 30 (thirty) days after the end of the last event on the itinerary. Such liability will be subject to a limitation per client per booking. The client indemnifies and holds harmless Diving with Sharks against all of the aforesaid.
Diving with Sharks shall further not be liable for any indirect and/or consequential loss or damages whatsoever. The client indemnifies and holds harmless Diving with Sharks against all of the aforesaid.
If Diving with Sharks is prevented, hindered or delayed from performing all or any of its obligations under this agreement and the reservation by any event of force majeure or any other circumstances beyond its control, then so long as that situation continues, Diving with Sharks shall be excused from the performance of such obligation to the extent that it is so prevented, hindered or delayed and the time for performance of such obligations shall be extended accordingly. Diving with Sharks will however use its best endeavours to make alternative arrangements for the client, but any additional costs so incurred will be for the client’s account.
MALARIA AND OTHER TROPICAL DISEASES – WARNING
Certain parts covered by your itinerary are areas where there is a high risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination.
While it is possible to break away from the itinerary, it is understood that such breakaways will be for the client’s account.
South African law and jurisdiction of South Africa courts will govern the relationship between the client and Diving with Sharks. Diving with Sharks shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 21/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Diving with Sharks undertakes to deal with all client information of a personal nature on a strictly confidential basis.
CONFIRMATION OF TRAVEL ARRANGEMENTS
All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the client 72 hours prior to departure.
These terms and conditions constitute the entire terms of the relationship between the parties. There exists no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the client acknowledges that he/she has not relied on any matter or thing stated by or on behalf of Diving with Sharks or otherwise that is not included herein.
Please contact Diving with Sharks should you have any comments, questions or suggestions.