Terms and Conditions

TERMS AND CONDITIONS FOR APEX TOURS

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Trip Times

As all trips are weather-dependent and subject to operational requirements, meetings, pick-up,
departure and return times are subject to change and may vary from the time originally
booked.

The time selected during the booking process constitutes an operational scheduling slot only
and does not constitute a guaranteed meeting, departure or return time.

Apex Shark Expeditions reserves the right to advance, delay, shorten, extend, combine,
substitute, reschedule or cancel any trip due to weather conditions, sea conditions, wildlife
activity, harbour operations, vessel availability, staffing requirements, safety considerations,
mechanical issues or any other operational requirement.

Guests are required to maintain flexibility for the entire day on the booked date and
acknowledge that departure times may be amended with limited notice. Guests who are unable
to accommodate schedule amendments may be treated as voluntary cancellation, and the
standard cancellation policy shall apply.

DAY BEFORE CONFIRMATION

It is important to contact us the day before, after 14h30 and before 16h00 to confirm exact
timings should you not receive these via email or WhatsApp. The onus is on you to contact us.

TRANSFER GUESTS

Guests will be collected from their hotel. The exact times will be confirmed with you the day
before.
Please double-check that you have given us the correct hotel details. If you are booked under a
different name from the name booked, please inform us.

LATE ARRIVAL

Planes and trains do not wait. Neither do boats.
Any guests not present at the confirmed meeting point and time will regrettably be left behind.
There is no refund, credit or rescheduling for guests who miss the boat due to late arrival,
incorrect travel arrangements, traffic delays, navigation errors, missed transfers, or any other
reason beyond Apex Shark Expeditions' control.

DIRECTIONS

Apex Shark Expeditions, Simon’s Town Boardwalk Centre, Corner Wharf & St Georges (Main)
Street, Simon’s Town

Take the M3 Southbound highway towards Muizenberg. (It will be best to get directions from
the hotel to the highway).
Follow the M3 until the freeway ends. Take the right turn at the end of the freeway, to Ou
Kaapse Weg (M64), turn right, pass Silvermine Nature Reserve.
At the foot of Ou Kaapse Weg, proceed straight, passing through three traffic lights with two
shopping malls on your right. At the third traffic light proceed straight up the hill onto Glencairn
Expressway/Blackhill Express (M6).
At the bottom of Glencairn Expressway, turn right at the traffic lights towards Simon’s Town.
Upon entering Simon’s Town, you will pass the train station on the left side.
Approximately 1 kilometer from here, turn left into Wharf Street.
This will take you into the large parking lot with Simon’s Town Pier in front. This is a paid
parking.
The Apex Shark Expeditions shop is in Simon’s Town Boardwalk shopping center on your right.
We are situated above Bertha’s restaurant inside the center.
Google GPS Coordinates: -34.193231, 18.432711

WHAT TO BRING

Dress in layers, warm weather jacket, closed shoes, beanie, scarf, hat/cap, polarized sunglasses,
towel, bathing costume (under your clothes), sunblock and camera.
If you are prone to motion sickness, seasick bracelets are available instore to purchase– these
are great! And work instantly.
For your enjoyment of the trip, we recommend that you do not overindulge in alcohol the night
before, as this may result in you being very seasick the next day.

CANCELLATION POLICY

If the trip is cancelled due to inclement weather, sea conditions, harbour restrictions or safety
concerns, there is no charge. This decision is made solely by the skipper and Apex Shark
Expeditions management and is based on wind, swell, sea state and operational conditions.
No third-party weather forecast, weather application, online forecast service or guest opinion
shall override the operational decision of Apex Shark Expeditions.

We will try to reschedule it for you if we have availability. Should you agree to an alternative
date or departure time, this constitutes a confirmed booking, and the cancellation policy
applies from that point onward.
1–5 Guests:
30 days or more before the start date:
A full refund less than 3.5% banking and transaction fees.
Less than 30 days before the start date:
50% of the fee.
Less than 15 days before the start date:
100% of the fee.
No-show or late arrival:
100% of the fee.
6+ Guests and Exclusive Charters:
Refunded on weather cancellation, less 3.5% banking and transaction fees.
Exclusive charters and group bookings may be subject to additional cancellation terms
communicated at the time of booking.

FORCE MAJEURE

Apex Shark Expeditions shall not be liable for any cancellation, delay, amendment, interruption
or failure to perform arising directly or indirectly from circumstances beyond its reasonable
control.
Such circumstances include but are not limited to:
Pandemic or epidemic; Public health emergencies; Government restrictions; International or
domestic travel restrictions; Border closures; Airspace closures; Harbour closures; Port
restrictions; War or threat of war; Armed conflict; Terrorism; Civil unrest; Riots; Political
instability; Strikes and labour disputes; Fuel shortages; Utility interruptions; Cyber incidents;
Natural disasters; Extreme weather conditions; Fire; Flood; Earthquake; Marine pollution
incidents; Regulatory action; Wildlife protection restrictions; Mechanical failure; Vessel
damage;
Any other event beyond the reasonable control of Apex Shark Expeditions.
In such circumstances Apex Shark Expeditions may, at its discretion, offer a rescheduled
departure, booking credit and or voucher, less any non-recoverable costs, transaction fees and
administrative charges.

All payments are taken in ZAR and refunds are processed in ZAR. Apex Shark Expeditions has no
control over exchange rate fluctuations or foreign bank charges.

FITNESS AND MEDICAL CONDITIONS

Guests participate entirely at their own risk and are responsible for ensuring that they are
physically fit and medically capable of participating in a marine-based activity. Guests who are
pregnant suffer from significant medical conditions, injuries, mobility limitations, heart
conditions, epilepsy, back or neck problems, or any condition that may be aggravated by sea
travel should seek medical advice before booking.
Apex Shark Expeditions reserves the right to refuse participation where participation may
endanger the guest, crew, other passengers or the vessel. No refund shall be due in such
circumstances.

TRAVEL INSURANCE

Guests making travel and booking arrangements with Apex Shark Expeditions are strongly
advised to obtain comprehensive travel insurance.
Any loss of funds due to cancellation within the penalty period resulting from illness,
hospitalisation, accident, family emergency, travel disruption, weather-related interruption,
force majeure events, missed flights or other unforeseen circumstances must be claimed from
your travel insurance provider.
Apex Shark Expeditions will provide supporting documentation where reasonably required for a
claim.

NO SIGHTINGS POLICY

Wildlife sightings, shark sightings, marine mammal sightings, specific species sightings,
behavioural interactions and photographic opportunities can never be guaranteed.
There are no refunds for no sightings.
If a shark has been sighted from the boat, this is considered a successful trip.
At the discretion of the General Manager, a two-year voucher for a complimentary trip may be
extended for a no-sight trip.
The voucher is not transferable. Your name and passport number will be recorded on the
voucher.
The voucher has no cash value and may not be exchanged for a refund.

GUEST CONDUCT

Guests are required to follow all safety instructions issued by the skipper and crew.
Apex Shark Expeditions reserves the right to refuse boarding or terminate participation where a
guest:
Appears intoxicated; Is under the influence of drugs; Behaves aggressively or abusively;
Endangers themselves, crew or other guests; Refuses to comply with safety instructions.
No refund shall be due in such circumstances.

LIMITATION OF LIABILITY

Apex Shark Expeditions shall not be liable for any indirect or consequential losses arising from
cancellation, delay, rescheduling, amendment of departure times, wildlife activity or
operational changes.
This includes but is not limited to flights, accommodation, tours, transfers, car hire, missed
connections, loss of earnings, loss of enjoyment or additional travel expenses incurred by
guests.

PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa, MasterCard and Amex for online bookings.
Bank transfers will be accepted for direct bookings into the Apex Shark Expeditions bank
account, the details of which will be provided upon request.
We do not accept cash.

CREDIT CARD ACQUIRING AND SECURITY

Credit card transactions will be acquired for Apex Shark Expeditions via PayGenius, the
approved payment gateway.
PayGenius uses Secure Socket Layer 3 (SSL3) encryption, and no credit card details are stored
on the website.

MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is
South Africa.
The transaction currency is South African Rand (ZAR).

TERMS AND CONDITIONS FOR APEX WEBSITE

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By using the www.apexpredators.com website (The Site), you are indicating your acceptance to
be bound by these terms and conditions.

If the User does not wish to be bound by these Terms and Conditions, the User may not access
Content obtained at the site.

1. GENERAL

1. The headings of the clauses in the conditions are provided for convenience and
ease of reference only and will not be used to interpret, modify or amplify the
terms of the conditions.
2. No failure or delay by Apex Shark Expeditions to exercise any of its rights will be
construed as a waiver of any such right, whether this is done expressly or
implied, nor will it affect the validity of any part these terms and conditions or
prejudice our right to take subsequent action against the user.
3. Users are encouraged to inform Apex Shark Expeditions of any content that may
be offensive or illegal.
4. These terms and conditions of use may be changed in the future without further
notice. Your continued use of this Site after any such changes constitutes your
acceptance of the new terms. Further, these terms and conditions apply
exclusively to your access to, and use of, this Site and do not alter in any way the
terms or conditions of any other agreement you may have with Apex Shark
Expeditions for products, services or otherwise.

2. PRIVACY STATEMENT

Apex Shark Expeditions believes strongly in protecting user privacy. Therefore, we create a
separate policy for privacy. Please refer to our Privacy Policy for information about how Apex
Shark Expeditions uses and collects information.

3. COPYRIGHT

All rights not expressly granted are reserved. To obtain permission for the commercial use of
any content on this site contact, Apex Shark Expeditions at +27 82 826 2074 or
email [email protected]

4. INTELLECTUAL PROPERTY RIGHTS

All the content, copyrights, trademarks and data on this web site, including but not limited to,
software, databases, text, graphics, icons, hyperlinks, private information, designs and

agreements, are the property of or licensed to Apex Shark Expeditions and as such are
protected from infringement by local and international legislation and treaties.

5. SITE ACCESS

1. This website and the content may not be reproduced, duplicated, copied, resold,
visited or otherwise exploited for any commercial purpose without the express
prior written consent of the Provider.
2. The License does not allow the User to collect product or service listings
description or other information displayed here and does not allow any
derivative use of this website or the Content for the benefit of another
merchant.
3. The user may not link to or frame nor framing technologies to enclose the
Provider Website or the content nor any part thereof without the express
written consent of Provider.
4. Provider and the Owner, their affiliates or subsidiary reserve the right to refuse
services, terminate account remove or edit content, or cancel orders at their sole
discretion.
5. Any unauthorized use terminates this license.

6. USER ACCESS TO SITE

In using this Site, you agree:
1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any
services, system resources, accounts, servers or networks connected to or accessible
through the Site or affiliated or linked Websites.
2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or
linked Websites
3. Not to upload, post or otherwise transmit through or on this Site any viruses or other
harmful, disruptive or destructive files
4. Not to transmit through or on this Site spam, chain letters, junk mail or any other type
of unsolicited mass email to people or entities who have not agreed to be part of such
mailings.
5. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are
restricted from general access

6. Users may not use the website in such a way that is in violation of any applicable law or
regulation

7. Users are prohibited from violating or attempting to violate the security of Apex Shark
Expeditions. Violations of system or network security may result in civil or criminal
liability. Apex Shark Expeditions will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. In addition, you agree that you
are solely responsible for actions and communications undertaken or transmitted under
your account, and that you will comply with all applicable local, national and
international laws and regulations.

7. INDEMNIFICATION

1. You shall remain solely liable for the Content of any messages or other
information you upload or transmit to Apex Shark Expeditions. You agree to
indemnify and hold harmless Apex Shark Expeditions from any claim, action,
demand, loss or damages (including attorneys’ fees) made or incurred by any
third party arising out of or relating to your conduct, your violation of these
terms and conditions, or your violation of any rights of a third party.

8. SUBMISSIONS

1. You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, or other information, provided by you in the form of email or
submissions to Apex Shark Expeditions, or postings on this Site, are non-
confidential and shall become the sole property of Apex Shark Expeditions. Apex
Shark Expeditions shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these materials for any
purpose, commercial or otherwise, without acknowledgment or compensation
to you. The submission of any materials to Apex Shark Expeditions irrevocably
waives all “moral rights” in such materials, including the rights of paternity and
integrity.

9. E-MAIL DISCLAIMER

1. The information in all e-mail and WhatsApp messages (document and
attachments) sent by an employee / electronic agent / a member of Apex Shark
Expeditions is confidential and may be legally privileged. The information
transmitted is intended only for the person(s) or entity to which it is addressed.
If you are not the intended recipient(s), please notify the sender immediately
and then delete this e-mail (document and attachments). Do not disclose the

contents of this e-mail (document and attachments) to any other person, nor
make any copies thereof.
2. Internet communications cannot be guaranteed to be secure or error-free.
Neither Apex Shark Expeditions nor the sender accepts liability for any errors or
omissions in the contents of this message which arise as a result of e-mail /
WhatsApp transmissions. If verification is required, please request a hard copy
version. Also take notice that this e-mail can possibly contain viruses and that
the recipient is responsible for checking and deleting viruses. In no event will
Apex Shark Expeditions or the sender be liable to anyone for any indirect,
special, consequential or direct damages arising from this document and
attachments or any use thereof.
3. No employee is authorised to conclude a binding agreement on behalf of Apex
Shark Expeditions by e-mail without the express written confirmation of a
director of Apex Shark Expeditions. Nothing contained in this e-mail shall be
construed as a legally binding agreement or an offer to contract.

10. PAYMENT OPTIONS

1. This website and the content may not be reproduced, duplicated, copied, resold,
visited or otherwise exploited for any commercial purpose without the express
prior written consent of the Provider.
2. The License does not allow the User to collect product or service listings
description or other information displayed here and does not allow any
derivative use of this website or the Content for the benefit of another
merchant.
3. The user may not link to or frame nor framing technologies to enclose the
Provider Website or the content nor any part thereof without the express
written consent of Provider.
4. Provider and the Owner, their affiliates or subsidiary reserve the right to refuse
services, terminate account remove or edit content, or cancel orders in their sole
discretion.
5. Any unauthorized use terminates this license.

11. SECURITY POLICY

1. PayGenius process all credit card transactions. All credit card transactions are
128 bit Secure Socket Layers (SSL) encrypted.

The company registration documents, and the site’s registered domain name are checked and verified by
Thawte, ensuring the cardholder and merchant that nobody can impersonate
VCS to obtain confidential information.
2. PayGenius (Pty) Ltd is committed to providing secure online services. All
encryption complies with international standards. Encryption is used to protect
the transmission of personal information when completing online transactions.
PayGenius (Pty) Ltd Internet servers are protected by firewalls and intrusion
detection systems.
3. The Merchant does not have access to credit details.
4. Virtual Card Services continually reviews and enhances its security in line with
technological changes.

12. CHOICE OF LAW

1. This Website is controlled, operated and administered by the Provider from its
offices as set out below within the Republic of South Africa.
2. Access to the Website from territories or countries where the Content is illegal is
prohibited.
3. The User may not use this Website in violation of South Africa export laws and
regulations.
4. If the User may not use this Website in violation of South Africa exports laws and
regulations.
5. These Terms and Conditions shall be governed by the laws of South Africa, that
User consent to the jurisdiction of the Witwatersrand High Court in the event of
any dispute.
6. If any of the provisions of these Terms and Conditions are found by a court of
competent jurisdiction to be invalid or unenforceable, that provision shall be
enforced to the maximum extent permissible so to give effect to the intent of
these Terms and Conditions, and the remainder of these Terms and Conditions
shall conditions constitute the entire agreement between the Provider and the
User with regards to the use of the Content and this Website.

13. PAYMENT METHODS

Apex Shark Expeditions offers customers a credit card payment method with PayGenius (Pty)
Ltd

14. REFUND

Please see our refund policy for additional information

15. CONTACT DETAILS

In the event that you need to contact the Provider for a purpose to relate to these Terms and
Conditions please use the following:
Telephone: +27 (0)82 826 2074
E-mail: [email protected]

16. DOMICILIUM

Apex Shark Expeditions chooses as its domicilium citandi et executandi for all purposes under
this agreement, whether in respect of court process, notice, or other documents or
communication of whatsoever nature,
Boardwalk Center, Shop 5/6
St Georges Street
7975,
Cape Town
South Africa