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Terms & Conditions

PAYMENT
The full amount of the tour fare due by the Client to Scuba Shack, must be paid prior to the time of all courses and dive & snorkel trips.

CANCELLATIONS BY THE CLIENT
If the Client fails to show or cancels less then 24 hours before a course or dive or snorkel trip, or joins it after the start, or leaves it prior to its completion, no refund will be made, unless by prior agreement between Scuba Shack and the Client that only a portion of the course or dive or snorkel trip is to be undertaken. If the Client cancels a trip or course or snorkel trip the deposit is not transferable to any other person. Dive permits are never refundable.

CANCELLATIONS BY THE COMPANY
All our activities are highly weather depended and Scuba Shack reserves the right in any circumstances to cancel the tour. In instances where Scuba Shack cannot provide the tour booked Scuba Shack will return to the Client all monies paid, which shall constitute the full extent of Scuba Shack’s liability to the Client, or Scuba Shack may offer the Client an alternative trip. If an alternative trip is refused by the client Scuba Shack remains the right to deduct the administrative cost resulting from such transactions. Dive permits are never refundable.

ALTERATIONS TO ITINERARIES
Although every effort is made to adhere to dive schedules and itineraries , Scuba Shack reserves the right to alter dive schedules and itineraries at any time if it is in the Client's interest to do so or when forced by weather considerations.

Scuba Shack will not be responsible for any compensation to the Client if Scuba Shack is forced to cancel or in any way change trips due to force majeure, namely war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, traffic congestions or any other external circumstances beyond Scuba Shack's control.

AUTHORITY ON TOUR/ EXCLUSION FROM TOUR
The decision of the driver/ Divemaster / Instructor employed by Scuba Shack will be final on all matters likely to endanger the safety of the group. Scuba shack shall not be responsible for or liable to any Client who commits an illegal or unlawful act in any way. The Client may be excluded from the trip/course without any refund of the trip/tour. If Scuba shack considers the Client unsuitable for a trip/tour, it may in its absolute discretion cancel such Client's booking or decline to carry the Client further if that Client causes danger, inconvenience or annoyance to other clients


No employee or representative of Scuba Shack has any right to alter, vary or waive any of these Conditions nor to undertake any liability whatsoever on behalf of Scuba Shack, unless such be in writing and signed by a Director of Scuba Shack.

HEALTH
The Client acknowledges being aware of the proposed trip/course and hereby confirms that he or she is medically fit, in good health and is able to embark upon the trip/course. Any Client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of booking. Such a Client would be required to provide a medical statement from a GP stating that they are “medical fit to undertake scuba Diving and or Snorkeling. Scuba shack and its representatives will treat any information in the strictest confidence.

LIABILITY
Client's bookings are accepted on the understanding that the client appreciates the risks inherent in Scuba Diving and Snorkeling and that the client undertakes the trip/course featured in the brochure, website or as described by email offered by Scuba Shack at the Client's own risk.


The clients accepts that although Scuba Shack has a 100% safety record there is always a certain risk as interaction in an ocean and with is inhabitants can result in injury and even death.


The client also knows that it’s a requirement for both Scuba diving and snorkelling to be able to swim and to be comfortable in the water.

The Client agrees that Scuba shack and its members shall not be responsible for loss or damage to property or injury or illness to the client loss of life or consequential damages, which might occur from any cause as long as Scuba shack does not act recklessly. The client and his/her dependants, heirs, executors, administrators and assigns hereby indemnify and hold blameless Scuba shack, its members, associates, employees, representatives organisers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation from any claim (including any consequential claim) arising from any delay, loss or damage to property or injury or illness or death arising from any cause whatsoever related to or occurring during the tour as long as the company does not act recklessly.

INFORMATION
Information given in all brochures, leaflets, website, Emails and advertising is given in good faith by Scuba Shack and these are based on the latest information available at the date of publication. Scuba Shack reserves the right to change any of the facilities, vehicles or boats described in the brochures, leaflets, website, Emails or any other advertising without becoming liable for compensation or refund. While every endeavour is made to keep to the prices advertised in the brochure, leaflets, website, Emails and advertising Scuba Shack reserves the right to increase the prices at any time due to any unforeseen increases or exchange rate fluctuations to which it may be subjected. Increases/ Surcharges may be applied even after confirmation of bookings.

PHOTOGRAPHIC MATERIAL
Clients should be aware that the tour leaders and representatives of Scuba Shack may take photographs or films of the Clients while on any of the tours and Scuba shack reserves the right to use such material for any advertising or brochure production without obtaining consent and without payment to the Client.

JURISDICTION AND LAW
This Contract shall be interpreted according to the laws of the Republic of South Africa.

SEVERABILITY
If any part, term or provision of this Contract is held to be illegal or unenforceable, it shall not affect the validity of enforceability of the remainder of the Contract. Furthermore, if any covenants are held illegal or unenforceable by virtue of its scale extent or duration it shall remain valid and enforceable in such reduced scale, extent or duration as any court may decide as being the maximum scale, extend or duration permissible.

SURCHARGE ON CREDIT CARD PAYMENTS
If the Company accepts payment by Credit Card from a Booking Agent, a 5% surcharge will be added to the total tour fare for which payment is being made.

BANK CHARGES
All costs are for the clients account.