Terms and Conditions

TERMS AND CONDITIONS FOR APEX TOURS

Trip Times

As the trip is weather permitting, meeting and pick-up times are subject to change and may vary from the time booked. Please ensure your itinerary on the date booked is flexible to accommodate any time changes.

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.

All trips are confirmed weather-dependent and are not shark species-dependent.

Apex 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.

Self- Drive

For the first trip, you will need to be at the Apex Shark Centre in Simon’s Town anywhere from 06:45 am to 10:00 am for registration and tea/coffee. The exact time is confirmed the day before and may vary. Please allow for flexibility in your itinerary to accommodate this.

For the second trip, you need to be at the Apex Shark Centre in Simon’s Town anywhere from 10:30 am to 1:00 pm for registration and tea/coffee. The exact time is confirmed the day before and may vary. Please allow for flexibility in your itinerary to accommodate this.

If you are self-drive, please make sure you have adequate time and directions to get to our shop.

Late Arrival

Planes and trains do not wait. Neither do boats. Any guests not on time will regrettably be left behind. There is no refund or rescheduling for guests who miss the boat.

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, passing 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 kilometre from here, turn left into Wharf Street.
This will take you into the large parking lot with the Simon’s Town Pier in front. This is a paid parking. Cash only.
The Apex Shark Expeditions shop is in the Simon’s Town Boardwalk shopping centre on your right. We are situated above Bertha’s restaurant inside the centre.
Google GPS Co-ordinates: -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 & camera.
If you are prone to motion sickness, we recommend Sturgeon or Dramamine tablets. Take one the night before your trip and another one and a half hours before we are scheduled to meet.
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 there is no charge. This decision is made by the skipper, is based on wind, and swell conditions.

We will try to reschedule you if we have availability. Should you agree to an alternative date, this constitutes a confirmed booking, and the cancellation policy applies hereon.

1-5 guests:
30 days or more before the time of start date: 3.5% bank 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 bad weather cancellation less 3.5% bank fees

All payment is taken in ZAR and refunds are in ZAR. Apex Shark Expeditions has no control over the difference in the exchange rate.

Travel Insurance

Any loss of funds due to a cancellation within the penalty period due to illness, hospitalization, family emergency, or accident, must be claimed from your travel insurance. Apex Shark Expeditions will supply all supporting documentation to support your claim.

No Sightings Policy
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 2-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.

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 which is the approved payment gateway. PayGenius uses the strictest form of encryption, Secure Socket Layer 3 (SSL3), 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

Please read these Terms and Conditions carefully.

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.

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.

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.

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].

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.

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.

USER ACCESS TO SITE

In using this Site, you agree:

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.
Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Websites
Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files
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.
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access
Users may not use the website in such a way that is in violation of any applicable law or regulation
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.

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.

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 any and all “moral rights” in such materials, including the rights of paternity and integrity.

E-MAIL DISCLAIMER
1. The information in all e-mail 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 transmission. 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.

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.

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.

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.

PAYMENT METHODS

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

REFUND

Please see our refund policy for additional information

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]

Domicilum

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

Rep South Africa