Terms and Conditions
We are Shark Safaris Limited and we specialise in eco-oriented shark diving expeditions.
1. Booking and Payment for your Shark Safaris expedition
Once you have chosen your expedition, you may make a provisional reservation which we will usually hold open for seven days.
We ask you to pay a deposit of 10% of the cost of the expedition per person when you book. When a booking is made within 6 weeks of departure, the full amount must be paid at the time of booking. Payment may be made by cheque to Shark Safaris Limited or banker's draft to our account. Confirmation will be issued when payment has cleared. The receipt of this amount will be deemed as your acceptance of the booking conditions and a written confirmation containing the details of your expedition will be issued after the payment has been made and cleared. There is no contract between us until payment has been effected and a written confirmation issued. Please carefully check this confirmation as soon as you receive it.
This is your only commitment until 6 weeks before departure when the balance becomes due. You must pay the balance at least 6 weeks before departure. If you do not, we reserve the right to treat your booking as cancelled, in which case you could be liable to pay us cancellation charges of up to 100% of the final invoice total in accordance with the scale shown in paragraph 9 below. All expeditions are subject to availability.
Note: Our tour prices are listed in the local currencies but should be paid in British pounds sterling at the prevailing exchange rate at the time of payment.
2. Provision of your Shark Safaris expedition
We will arrange for the provision to you of the services which form part of the expedition as confirmed to you. These services will be provided either directly by us or by independently contracted suppliers. We cannot accept responsibility for price quotes or descriptions provided verbally.
3. Your expedition contract
When you ask for your expedition booking to be confirmed, it will be deemed that you have read and accepted these conditions as well as any other relevant information that has been made available to you. The contract between us is based on these conditions, information and the details on the confirmation invoice. Your contract is governed by English law and is subject to the exclusive jurisdiction of the Courts of England and Wales. Under no circumstances do any of our agents or staff have the authority, expressly or implied, to alter or vary these conditions unless authorised to do so in writing by a director of Shark Safaris Limited.
4. If you are late booking your Shark Safaris expedition
Although it is in your best interest to book as early as possible, some tours can be booked up to the week of departure. In these circumstances you must ensure they you comply with all health, passport and visa requirements. For bookings made less than 6 weeks before departure, full payment must be made immediately before the booking can be processed. It is essential that you give us a telephone contact number in case there is any late information on your expedition.
5. Pricing Policy
All of our listed prices are for guidance only. The expedition price that we confirm to you in writing at the time of booking is the price that you will pay, including increases or reductions, and will not be subject to surcharges except for actions of governments (e.g. VAT change) and, where applicable, changes in transport costs and for some services if appropriate. Only written confirmation of prices will be honoured.
In the event of the price being subject to a surcharge, the company will bear the first 2% of the whole expedition price (excluding insurance premiums and any amendment charge). The requirement on Shark Safaris Limited to absorb the 2% amount referred to in this clause is subject to any change to the law following the date of this document and to the extent that any change in law removes such requirement, Shark Safaris Limited will pass on the full amount of any surcharge to you. Should the increase be more than 10% of the total expedition cost, you will have the right to cancel your expedition with a full refund of all money paid except for any expedition insurance premium and amendment charges. Should you decide to cancel in these circumstances, you must exercise your right to do so within 14 days from the issue date printed on the surcharge invoice.
6. Insurance
Under the terms of this contract you are required to have suitable travel insurance which should include dive cover if you intend to dive. This cover must give comparable or greater cover than that given by the policy offered by Shark Safaris Limited. This must include the costs of medical treatment and repatriation in the event of serious accident or illness. If you do not take the policy offered by Shark Safaris Limited then you must advise us of the details of your alternative policy including the name of the insurer and your policy number as soon as possible. Clients in breach of this condition will be deemed to have indemnified the company for any consequential loss incurred by the company on their behalf and these costs will be redeemable from them.
7. Travel Documentation
Unless otherwise specified by us, the purchase of a suitable flight ticket for your expedition is your responsibility. When travel and health documents (such as passports, visas & inoculation certificates) are required for your expedition, it is your responsibility to procure them. Shark Safaris Limited cannot be held liable in any way for any failure to do so.
8. If you change your booking
If you want to change any details of your booking (e.g. transfer to a different Shark Safaris expedition, change the names or number of people booked on the expedition, change or cancel a tour option, etc.), we will do our best to help. We will not charge an Amendment Fee unless there is an actual cost incurred by us in making that change or there are any non-refundable costs arising from the contract terms of our suppliers. When the price is dependant on the number of people booked into the accommodation and it then varies because you wish to change that number of people, the price will be recharged based on the new group size. Any increase in price per person payable as a result of a part cancellation is not a Cancellation Charge. A separate Cancellation Charge will be levied in respect of bookings cancelled in accordance with paragraph 9. A new confirmation invoice will be issued as appropriate, on which the Cancellation Charges will be shown.
9. If you cancel your Shark Safaris expedition
You or any member of your party may cancel your booking, or part of it, once it has been confirmed, but the instructions will only be valid if put in writing and signed by the person who made the booking i.e. the lead name on the booking. These written instructions should come directly to Shark Safaris Limited. We must charge a Cancellation Fee on the scale shown below to compensate us for the expense for the risk that we may not be able to resell the expedition and also for the cost of processing your original booking. The Cancellation Fee is payable by whoever confirmed the booking. This amount depends on when we receive your written instructions - the more notice you give, the less we will charge. If you have to cancel for reasons covered by your insurance policy you should be able to recover your cancellation charges.
Period before scheduled departure within which written instructions are received by Shark Safaris Limited and the amount of cancellation charge (shown as a % of total expedition price excluding insurance premium and amendment fees)
More than 42 days = Deposit
22-42 days = 50%, or deposit if greater
4-21 days = 90%, or deposit if greater
0-3 days = 100%
Be aware that in certain cases the carrier may apply a higher cancellation charge. Please enquire at the time of cancellation.
10. If we change your expedition
It is unlikely that we will have to make any changes to your expedition, but we do plan the arrangements many months in advance. Sometimes we may make changes, which we reserve the right to do at any time. Most of these changes are very minor, but where they are significant/major, we will inform you or your travel agent when you book, or, if you have already booked, as soon as is reasonably possible if there is time before your departure. A major change is one that we make to your expedition arrangements before departure, including but not exclusive to changing your resort area, or offering accommodation of an officially lower category. You then have the choice of either: 1. accepting our offer of a replacement expedition of a lower category (if available), if the expedition is cheaper then we will refund the difference in cost to you or; 2. accepting our offer of a replacement expedition of equivalent or higher quality (if available) or; 3. cancelling your expedition. If you choose 1. or 2. , we will pay you compensation on the scale shown below. If you choose 3., we will refund you all monies you have paid us plus compensation on the scale shown below. In no circumstances can we be held liable for any consequential loss or incidental expenditure incurred as a result of these changes.
Period before scheduled departure within which a major change is notified to you and compensation per adult:
More than 42 days Nil
28-41 days £20
15-27 days £30
0-14 days £50
NB Children 2-11 years of age in respect of whom reduced rates have been charged, will receive compensation on a pro-rata basis of the adult rate. Children travelling on free child places are not entitled to any compensation. No compensation will be paid to infants.
Important Note Compensation payments do not apply to changes caused by cancellations or changes of schedules by airlines, or any "Force Majeure". "Force Majeure" means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports or ports, terrorist activity, natural and nuclear disaster, fire, adverse weather conditions and health risks.
11. If we cancel your expedition
We reserve the right in any circumstance to cancel your expedition and, in this event, we will return to you all monies you have paid us or will offer you an alternative available expedition to purchase of a comparable standard. Please note that we are not liable for any consequential financial loss or incidental expenditure. Please note that it is advisable to leave booking travel arrangements to your UK departure point until final travel documents are received. In no case, except for reasons given in the Important Note above, should your expedition be cancelled less than 6 weeks before the scheduled departure date.
12. Minimum numbers
All expeditions and excursions advertised operate subject to there being the minimum number required to operate that expedition/excursion. We impose a deadline of 6 weeks prior to the date of departure for deciding if sufficient passengers have booked to travel. In the event that the minimum number has not been reached, we reserve the right to cancel your expedition/excursion for this reason providing we notify you not less than 6 weeks before departure (no notification will be given for excursions). The provisions set out under Clause 11 will then apply. No compensation will be payable.
13. Our responsibility for your expedition
We accept responsibility for ensuring that all component parts of your expedition are supplied to you as confirmed by us on your confirmation invoice, and services offered reach a reasonable standard. If any significant part is not provided, we will pay you appropriate compensation if this has affected the enjoyment of your expedition (see Clause 10). We have taken all reasonable and proper steps to ensure that proper arrangements have been made for all our expeditions and that the suppliers of the various services provided to you as part of your expedition are efficient, safe and reputable and comply with the local and national laws and regulations of the country in which they provide those services. However, we do not have direct control over the provision of services to clients by suppliers, and we cannot be held responsible or liable for death, injury or illness caused to clients, unless through negligence of our employees, agents, subcontractors and suppliers and their staff whilst acting within the scope of their employment. Responsibility in respect of air and cruise carriers are at all times subject to their Conditions of Carriage (see Clause 7). Note: Due to our commitment to staff training we sometimes record telephone calls.
14. Personal injury (unconnected with arrangements made by us)
We cannot accept responsibility for clients who by misadventure suffer illness, personal injury or death during the period of their expedition arising out of an activity which does not form part of the foreign inclusive expedition or excursions booked through the company. The clients should therefore ensure that they have sufficient insurance cover for such circumstances.
15. If you have a complaint
If you have a complaint about any element of your expedition, you must inform our Representative/Agent, and the supplier, immediately. Matters can be most easily sorted out for you on the spot whilst you are on the dive safari, when our Representative/Local Agent can see and understand the exact nature of any problems you have. In the unlikely event that matters cannot be resolved to your satisfaction in resort, details of your complaint should be sent in writing to our Customer Relations & Quality Assurance Department at ??? or emailed to customer.relations@africandiveadventures.com (quoting the Shark Safaris Limited Booking Reference(s) number(s) and your departure date) within 35 days of returning from resort. We shall not accept any liability in respect of claims that we receive after that date, or which have not been reported to both our local Representative/Agent, and supplier.
16. Expedition participation
We reserve the right to decline to accept or retain any person as a client at any time, and we shall be under no liability for any extra costs incurred by such a person as a result of our doing so. In our absolute discretion we reserve the right to terminate without notice the expedition arrangements of any client whose behaviour is such that it is likely in our opinion to cause distress, damage, danger or annoyance to our customers, employees, agent's property or third party. If you are prevented from travelling because, in the opinion of a person in authority, you appear to be unfit to travel or cause distress or discomfort to other passengers, then our responsibility for your expedition ceases. Full cancellation charges will apply. Shark Safaris Limited has no control over the behaviour of other people staying in or visiting your expedition accommodation. Your accommodation is provided solely for the use of clients shown on the final Confirmation Invoice as confirmed by us; subletting, sharing or assignment is prohibited.
17. Data protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them or as required by law.
Additionally, if your expedition is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
You are entitled to a copy of your information held by us. If you would like to see this please contact us. We may make a small charge for providing this to you.
© Copyright reserved. Date of issue March 2007