Standard Terms & Conditions
All bookings with Oceans Africa are subject to the following standard terms and conditions. Please read carefully as acceptance by the client / tour operator or booking agent of final vouchers and/or tickets and/or payment to Oceans Africa will be deemed to be acceptance of all the Terms and Conditions described herein.
Tour operators and booking agents must advise clients of all the terms and conditions described herein.
Oceans Africa shall mean Oceans Africa Diving Adventures cc, as well as all affiliates including, agents, managers, employees, directors, members and, representatives of the aforesaid parties. Oceans Africa is a specialist travel company and acts as an agent for third party suppliers, such as, but not limited to, accommodation providers, dive charter companies, whale watching companies, car rental companies, yacht, boat, aircraft and helicopter companies, tour guides, transfer companies and adventure travel operators .
The Client shall mean any person or users of any product sold by Oceans Africa.
The Product shall mean any services and/or products booked or sold by Oceans Africa on behalf of a third party supplier to our clients. e.g. A tour package including transport, accommodation and activities.
The Agent shall mean any entity that books a Product on behalf of a Client through Oceans Africa. There shall be no binding contract between Oceans Africa and the Agent until the Agent Contract has been signed, the booking terms and conditions are confirmed by the Agent, and the deposit specified is paid in full.
The Supplier shall mean any entity who is providing a Product or service to Oceans Africa. There shall be no binding contract between Oceans Africa and the Supplier until the Agent or Client has paid the deposit specified in full.
The Client warrants to Oceans Africa, that he / she is authorised to make the booking and in doing so therefore accepts all the conditions below on behalf of himself / herself and each of his / her travelling companions including any minors who may be accompanying him /her.
All products, services or tickets purchased by the Client or Agent are supplied by a Supplier. The Supplier is solely responsible for the design and supply of the products bought by the Client. Oceans Africa only assists in the booking of such products and shall provide all necessary documents in order for the Client to purchase the product. Therefore the contract for the products lies between the Client and the Supplier. Each Supplier will have its own terms and conditions relating to the products purchased.
The specific terms and conditions of the Suppliers can be obtained from the Supplier on request. Oceans Africa has no contractual liability to the Client in respect of the Product bought from Oceans Africa.
Oceans Africa are acting primarily as booking agents, and can not take any responsibility for poor or unsatisfactory service delivery from our Suppliers. Oceans Africa will of course be available to assist with any disputes or problems that may arise as regards service. Our priority will always be to ensure the best service possible for our Clients.
A quotation is an offer to provide travel and or booking services to our Clients and Agents. All Quotations are subject availability of services and may be subject to price increases from our Suppliers. An agreement is only concluded once the full product price is paid.
Oceans Africa have a special arrangement with our suppliers to provisionally book services. This is a courtesy on the part of the supplier to notify Oceans Africa should other clients be interested in the same product to the exclusion of providing the service to Oceans Africa. A provisional booking does not constitute a confirmation of services.
Should services become un-available prior to the deposit being paid, Oceans Africa will endeavor to secure alternative services of an equivalent nature and standard. Any increase in product price must be borne and paid by the Client upon final balance of payment. Oceans Africa will however, always endeavor to secure the booking at the rate quoted.
On acceptance of a quotation, any subsequent changes to the quoted itinerary will attract a nominal charge of ZAR 250 per change, irrespective if payment to secure the booking is made or not.
Quotations will be valid for 48 hours unless otherwise stated.
Confirmation of all services is secured upon payment in full, 40 days prior to arrival by means of a direct bank transfer to an Oceans Africa account. A deposit will be required to secure reservations.
Business is conducted by Oceans Africa on a cash basis. Travel documents and final itineraries, shall not be prepared until full payment is made. Confirmation of the payment must be e-mailed to firstname.lastname@example.org.
Special arrangements for Credit Card payment may be possible on some tours, however please note that a surcharge will be added and that certain suppliers do not accept credit card payments.
The deposit will only be refunded in the event that the booking can not be accommodated. Until the deposit payment has been made, the reservation cannot be guaranteed. This may vary depending on the suppliers booking terms and conditions.
The full balance of payment due is payable 40 days prior to travel date. If the full amount is not received in the due time, Oceans Africa reserves the right to treat the booking as a cancellation.
Products are priced and paid for in ZAR (South African Rands). Oceans Africa therefore expects to receive full payment in South African Rands. The Client is to accept all bank charges. In the event that exchange rate fluctuations during the bank transfer process cause a deficit in payment, the Client will be asked to complete the balance of payment on arrival.
No person, organisation or employee of Oceans Africa has authority to vary these booking conditions; and Oceans Africa reserves the right to decline any booking.
Any cancellations made by a Client must be in writing. Any amendment or any change by a Client to a reservation in whatsoever manner (date change, rerouting etc.) after payment constitutes a cancellation. In the event that the Client cancels a reservation for whatever reason, Oceans Africa shall charge an administration fee and the Supplier may well also impose a cancellation fee, which could be up to 100% of the product price.
Cancellation fees will be levied in the event of cancellation as per the Reservation Terms and Conditions of our Suppliers. Oceans Africa will try where possible to recover any payments made to our service providers and 10% of the total package price will be deducted as administration fees from any payments recovered. Oceans Africa can not however, guarantee any recoveries whatsoever. It is advised that all clients have adequate travel insurance to cover cancellations in the event of illness or death.
Any dives and/or boat-based activities cancelled due to adverse weather conditions will be refunded at the discretion of the relevant Supplier at source and at the Standard Tour Operator rates. There will be no refund if clients are late or cancel dives for any other reason.
CHANGES & ALTERATIONS:
Oceans Africa does not guarantee the safety standards or performance of any supplier. The clients of any product purchased through Oceans Africa accept that the use of the product may be dependent on certain factors beyond the company’s control and therefore agree that Oceans Africa will not be held liable for any compensation to the client if it is forced to cancel or in any way change the booking or any flight or transfer due inter alia, but not exclusively, to force majeure including war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstances beyond the control of the company.
Oceans Africa reserves the right to cancel the booking without prior notification and in such an event only agrees to refund all monies already paid and received by the client. Unforeseen cancellations due to war, unrest or any other force majeure or other circumstances are still subject to the suppliers cancellation and bookings terms, and do not constitute a valid reason for waiver of any supplier cancellation policy terms. In the event that the client changes any travel arrangements such as, but not limited to accommodation, activities, flights transfers or any portion of the agreed itinerary, the company shall not be held liable for any compensation or costs to the client whatsoever.
FLIGHT SCHEDULES AND TRANSFERS:
For tours where the Client is reliant on international and domestic flights. Oceans Africa may not be held responsible in any way for any delays and cancellations and the consequences thereof.
Many of the products offered by Oceans Africa utilise inter property transfers or flights that are coordinated amongst a number of properties or charter companies. Clients must understand and accept that changes in flight schedules or transfer times could occur and very occasionally in the event of delays or factors beyond the control of Oceans Africa, an unscheduled overnight stay could be required. In the event of any of these changes or situations Oceans Africa will not be held liable for any costs what so ever, and any costs incurred such as but not limited to additional charters, accommodation, meals, communication costs etc must be settled directly to the third party establishments by the Client.
Travel and cancellation insurance, to include cover for water based activities / scuba diving and snorkelling is recommended for all Clients. All insurance is solely the responsibility of the Client. Before a Client commences with travel, he or she should arrange his/her own insurance with a reputable insurer, with protection for the full duration of the stay or itinerary, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and expenses associated with the cancellation or curtailment of any booking. If a Client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are for the Client’s account, and Oceans Africa shall not be liable for any refund of the booking whatsoever. The carriage and storage of all baggage and personal effects are at all times the Clients risk and Oceans Africa cannot accept any liability for any loss or damage of baggage or personal effects.
Clients hereby acknowledge, confirm and record that they understand and appreciate the risk inherent in travel including in particular the hazards of diving / snorkelling and boat travel and any associated marine activities. Further, that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, slipping or falling while on board a boat, being cut or struck by a boat while in the water, and any other injuries occurring while getting on or off a boat and other perils of the sea.
Clients also confirm that they are aware of and appreciate the real dangers and risks associated with travel to Africa, its National Parks or wilderness areas, arising from the presence of wild and dangerous animals, reptiles, fish, birds, spiders, insects and parasites and the real risk of suffering bodily harm, injury or death or loss of property which may arise as a result of an encounter with a / or the presence of wild animals and or reptiles, fish, birds, spiders, insects and parasites. The Client undertakes all activities and travel at his / her own risk. Such risk could include injury, disease or death. The Client and the Agent agrees and concedes that Oceans Africa and its members and employees shall not be responsible for loss or damage to property or injury or illness to the Client or loss of life or consequential damages which might occur from any cause whatsoever.
The Client hereby acknowledges an awareness of the proposed travel itinerary and confirms that he or she is medically fit, in good physical and mental health and is able to travel. Any Client with a pre-existing medical condition or illness must declare the true nature of such conditions to Oceans Africa before the commencement of the booking. Any failure to declare may result in cancellation of his /her booking.
CLAIMS & COMPLAINTS:
In the unlikely event that the Client has a complaint it must firstly be taken up with the management /company representative of the supplier, in order that an opportunity is afforded to the supplier to investigate the situation. If the Client has any further complaint then they must lodge this in writing to Oceans Africa within 10 (ten) days of the booking end. If these procedures are not followed then the Oceans Africa reserve the right not investigate the complaint further.
OCEANS AFRICA’S RESPONSIBILITY & RIGHTS:
The information given in our website, brochures, leaflets, and advertising is given in good faith by Oceans Africa and is based on the latest information available to Oceans Africa. Published tour itineraries and prices are meant as a guideline only. Any information that is incorrect or out-dated may not be legally binding.
CLIENTS RESPONSIBILITY & RIGHTS:
It is the Client’s sole responsibility to ensure that passport, visa, drivers licence, dive certification and other required documents are in order. Any resulting consequences of a Client’s failure for not having his/her required paperwork in order shall be to the account and the sole responsibility of the Client.
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable.
If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of the Republic of South Africa. Any claims, be they in contract, delict or otherwise to be instituted against the company, shall be governed by the law of south Africa and may only be instituted in a South African Court, to the exclusion of all other jurisdictions.
All Clients and their Agents confirm that they have read and abide by the aforementioned and agree to the terms and conditions therein contained. All Clients record that they are making a booking at their own risk and waive any claims that they might have in regard to injury, loss or death which might occur due to any causes whatsoever. The company refers in particular to any minor child / children who may be accompanying the Client and confirm specifically that this indemnity applies to such child/ children.
The Client and any Clients Agent further binds their dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless Oceans Africa, its members, associates, employees, representatives, organisers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during a booking, activities or tours with the company.
Tour operators and Agents must advise clients of all the terms and conditions described herein.
Acceptance by the Client / tour operator or Agent of final vouchers and/or tickets and/or payment to Oceans Africa will be deemed to be acceptance of all the Terms and Conditions described herein.