Terms & conditions

By making a booking with Mossel Bay Boat Adventures, whether through WhatsApp, our website, a booking provider, telephone, email or at our office, you agree to these Terms and Conditions, provided they were made available to you before the booking was concluded. Every adult participant must complete and sign the full indemnity at the bottom of this document before boarding the boat or starting any activity. A parent or legal guardian must complete and sign the required consent for a minor. No participant may board or take part without the required signed form.

These terms apply to our boat trips, parasailing and water activities. Please read the cancellation charges, safety and indemnity provisions, and the limitations concerning belongings and complimentary videos before booking.

1 Bookings and payments A booking is confirmed when we or our authorised booking provider issue confirmation after receiving the required payment or deposit. The person booking must be at least 18, authorised to book, and provide accurate details. Group organisers must share these terms and activity requirements with all participants.

Our merchant country is South Africa and transactions are in South African rand (ZAR). The applicable activity price is the price displayed or quoted and confirmed for your booking. The total price, applicable taxes and compulsory fees, required deposit and balance deadline are disclosed before payment. Any quote or promotion validity period will be stated with that offer. Prices may change for future bookings; a confirmed booking price will not be increased without your agreement or a lawful basis.

Visa and Mastercard payments are accepted where offered at checkout. Other available payment methods and the payment provider are identified before payment. Card payments are processed through the designated provider, subject to its applicable payment and privacy terms. Do not send full card details or card security codes by WhatsApp or email. We remain responsible for the activities we sell, booking support, customer service and resolving complaints about our services.

2 Weather and minimum passenger requirements All activities are weather and sea-condition dependent. We reserve the right to delay, reschedule or cancel a trip if conditions are unsuitable or the required minimum number of passengers has not been reached. The applicable passenger minimum will be disclosed before booking.

The skipper or activity leader makes the operational safety decision, acting reasonably. Wind, swell, waves, visibility, lightning, currents and harbour restrictions may affect an activity, even when the weather on land appears suitable. Forecasts and website trip-status updates do not guarantee departure.

For safety, we may change a route, suspend an activity or return early, including at short notice. We will take reasonable steps to notify affected guests promptly. Published routes and durations are estimates unless expressly guaranteed.

If we cancel, we first try to reschedule the same activity at no extra charge. If you cannot attend the available alternatives, or no suitable alternative is available, we refund the full amount paid for the cancelled activity, including compulsory fees charged by us. No customer cancellation penalty applies, and you do not have to accept a voucher.

This also applies if an operational problem prevents departure or a material change makes your confirmed booking unsuitable. For a substantially shortened or partly undelivered activity, we offer an appropriate repeat or completion where practical, or a fair refund for the service not supplied. Any greater legal remedy remains available.

3 Wildlife sightings We do not guarantee whale sightings or sightings of any other marine life. Animals are wild and their movements cannot be controlled. A lack of sightings does not, by itself, justify a refund where the agreed excursion was properly delivered, unless an express sighting guarantee was given.

4 Customer cancellations and refunds Send cancellations to our email or WhatsApp number below, with your name, booking reference and activity date. Notice takes effect when received, not when we acknowledge it. Days are calendar days before the activity date, counted using South African local dates.

Notice before the activity date Maximum cancellation charge 45 days or more Up to 30% 16 to 44 days Up to 50% 15 days or fewer Up to 100% No-show or arrival too late to participate Up to 100% These percentages apply to the cancelled activity or places and are maximums, not automatic forfeitures. We charge only a reasonable amount permitted by law, considering the booking, notice, diligent efforts and reasonable ability to refill places, industry practice, costs saved and replacement bookings. We will explain a charge on request and credit payments already received against it.

No cancellation fee applies where the booking cannot be honoured because of the death or hospitalisation of the person for whom, or for whose benefit, it was made, as provided by the Consumer Protection Act. Reasonable supporting confirmation may be requested. Any applicable statutory cancellation or cooling-off right takes priority.

Booking changes depend on availability. Any price difference or reasonable charge must be disclosed before acceptance. Customer cancellation charges do not apply when we cancel under section 2. Voluntary cancellation while we remain able to deliver the activity safely is subject to this section.

Refunds go to the original payer, normally by the original payment method. We aim to process them within 10 business days of cancellation or your refund election, subject to any shorter legal deadline. Separately arranged travel and other expenses are not automatically covered; this does not exclude costs for which we are legally responsible.

5 Arrival and participation Arrive at the confirmed meeting point at least 30 minutes before departure to check in and complete the full indemnity before boarding. We cannot guarantee another place for late arrivals.

Activity-specific age, weight, equipment-fit, swimming and other safety requirements disclosed before booking apply. Tell us privately about relevant health, pregnancy, mobility or assistance needs before booking. Seek medical advice if unsure about suitability.

Minors need parent or legal guardian consent and appropriate adult supervision. We may reasonably refuse or stop participation for safety, intoxication, threatening behaviour or failure to follow instructions. Any deduction from payment must still be lawful and reasonable.

6 Safety and signing before boarding Boat trips, speedboat rides, parasailing and tube rides involve risks including sudden movement, falls, collision, immersion, drowning, equipment hazards and changing sea conditions. Parasailing also involves height, towing and landing risks. These risks can cause serious injury, permanent disability or death.

The full participant indemnity below forms part of these terms. It and the activity-specific warnings must be available before booking, with an opportunity to read them and ask questions. A booking acceptance or a group organiser's signature does not replace each adult participant's own signature. The signed form must identify the participant and booked activity or activities.

7 Belongings left at the office or taken on trips Personal belongings taken on an activity or left at our office or premises are at the owner's risk, subject to our legal duties. We accept no responsibility for loss, theft or damage where we have met those duties. Please secure valuables and speak to staff before leaving items at the office. Water and spray may damage phones, cameras and other possessions.

Where belongings are in our possession or control, we must exercise the reasonable care required by law. This notice does not exclude liability for failing to do so or any other liability that cannot lawfully be excluded.

8 Personal information and POPIA Mossel Bay White Shark Parasailing (Pty) Ltd is the responsible party for customer information handled by us. Our staff may collect necessary contact, booking, payment, safety and emergency information from you, your authorised group organiser or booking providers to arrange activities, communicate updates, maintain records and meet legal obligations.

We process information on an appropriate lawful basis, restrict access to authorised staff and service providers who need it, apply reasonable security safeguards and retain it only as necessary or legally required. Health information and children's information receive the additional safeguards and consent required by law. We explain which details are necessary; without essential booking or safety information, we may be unable to provide the activity.

Our Privacy Policy gives the collection details, purposes, providers, retention arrangements, any overseas processing and privacy contact information. You may request access, correction or deletion, object to processing where applicable, withdraw consent, or complain to the Information Regulator. Contact us below for assistance. Marketing messages require a separate lawful basis and an opt-out facility.

9 Photographs and marketing We may take photographs or videos for necessary safety, incident or operational records on a lawful basis explained in our Privacy Policy. Recording notices will explain the purpose and intended sharing.

With your separate, voluntary consent, we may use identifiable photographs or videos of you on our website, social media, brochures and advertising. Appropriate parent or guardian consent is required for children. Declining marketing photography does not affect your booking. Contact us to withdraw consent for future use; withdrawal does not make earlier lawful use unlawful. Booking or signing an indemnity is not automatic consent to marketing photography or sharing identifiable footage with other customers.

10 Free complimentary videos Trip videos are free, complimentary extras, supplied only if available. We charge nothing for them and they are not included in the adventure price. We do not guarantee that footage will be recorded, supplied, downloadable or retained.

To the extent permitted by law, we accept no responsibility for missing, lost, deleted, corrupted, delayed or unavailable complimentary footage. This does not, by itself, entitle you to a refund, discount, compensation or repeat adventure where the paid activity was properly delivered. This limitation does not exclude unlawful handling of personal information or any protected liability.

Download available footage you want to keep. Continued access and recovery are not guaranteed. Keep access codes private, access only authorised footage and respect other people's privacy. Copies are for personal, non-commercial use unless otherwise agreed.

11 Legal rights and complaints Nothing in these terms or an indemnity excludes liability for gross negligence, fraud, wilful misconduct, or any liability or consumer right that cannot legally be excluded. South African law applies. Contact us with complaints; your rights to approach a competent regulator, ombud, tribunal or court remain available.

The terms supplied when you book apply to that booking. Later changes do not retrospectively reduce your rights. An unlawful provision applies only as far as the law permits or is severed where possible.

12 Business details and contact Mossel Bay Boat Adventures is the trading name of Mossel Bay White Shark Parasailing (Pty) Ltd, registration 2007/013194/07, registered in South Africa.

Business address: Quay 4, Mossel Bay Harbour, Mossel Bay, Western Cape, 6500, South Africa. Email: info@mosselbayboatadventures.co.za. Telephone and WhatsApp: +27 83 303 1960. Website: https://www.mosselbayboatadventures.co.za. 13 Participant risk acknowledgement and indemnity — sign before boarding Every adult participant must complete and personally sign this full indemnity before boarding the boat or starting any activity. For a minor, a parent or legal guardian must complete and sign the consent below. Please read every clause and ask staff about anything you do not understand before signing.

“The Business” means Mossel Bay White Shark Parasailing (Pty) Ltd, registration 2007/013194/07, trading as Mossel Bay Boat Adventures, and its representatives acting for it. “I” means the adult participant signing, or the parent or legal guardian giving consent for the named minor, as applicable.

1. Risks and voluntary participation. I understand that boat trips, speedboat rides, parasailing and tube rides involve risks including sudden acceleration or movement, falls, collisions, immersion, drowning, equipment hazards, changing weather and sea conditions, other vessels or people, and marine animals. Parasailing also involves height, towing and landing risks; tube riding involves being towed and falling into the water. These risks can result in property loss, serious injury, permanent disability or death. I voluntarily choose to participate, or give permission for the named minor to participate, in the activities recorded below with an understanding of the relevant risks.

2. Safety and suitability. I will attend and follow the safety briefing, obey the skipper and crew, and use lifejackets and other safety equipment correctly. I will not participate unless I understand the instructions and meet the disclosed safety requirements. I will disclose relevant health or assistance needs privately to staff and ask for clarification or help when needed. My signature does not certify that a briefing has already occurred if it has not.

3. Acceptance of inherent risks and limited release. To the extent permitted by law, I accept the inherent risks of the booked activity and release the Business from claims arising solely from those risks where it has met its legal duties. This does not excuse unsafe operation or failure to meet legal duties. Nothing excludes gross negligence, fraud, wilful misconduct or any liability or consumer right that cannot lawfully be excluded.

4. Damage and indemnity. I am responsible for proven damage and losses caused by my negligent or deliberate unlawful conduct, only to the extent I am legally responsible. I indemnify the Business against such proven losses and third-party claims, meaning I may have to reimburse them. Supporting details and invoices will be provided where applicable. I am not responsible under this clause for ordinary wear and tear or the negligence or misconduct of the Business, its staff or other guests. A parent or guardian does not become automatically liable for every act of a child by signing.

5. Belongings. I understand the risks to belongings carried on the activity or left at the office, including water damage, loss and theft. The limitations and the Business's continuing duties of reasonable care in section 7 apply.

6. Emergency assistance. I authorise the Business to arrange emergency or medical assistance when reasonably necessary. Treatment, consent and responsibility for costs remain subject to applicable law; this is not unlimited authority to consent to treatment on my behalf.

7. Scope and minors. This indemnity applies to the activities and date recorded below, including boarding and disembarking. It is not a permanent waiver for future bookings. For a minor, I confirm that I am the parent or legal guardian authorised to give consent, have explained the relevant risks in an age-appropriate way, and give permission for participation. No child's rights are waived where the law does not allow it.

8. Acknowledgement and signature. I have read and understood these terms, the cancellation policy and this full indemnity, had an opportunity to ask questions, and understand the risk and liability provisions. I sign voluntarily. This signature is not consent to marketing photography or marketing messages.