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If I only fish to capture fish, my fishing trips would have ended long ago.

- - Zane Grey

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TERMS AND CONDITIONS

· Since there is no control over the weather, and since certain fishing styles may not be possible on the given day, the skipper / master reserves the right to cancel the outing and to substitute other dates for the outing by due consultation with the customer;

· Notwithstanding, the skipper / master reserves the sole and absolute unfettered right to cancel or shorten the outing, at any stage, if safety is compromised due to bad weather or any other reason, which in the sole opinion of the skipper / master warrants the outing to be cancelled;

· Whilst weather reports are monitored and if it is apparent ahead of time that really bad weather is expected, the angler/s may be informed of the cancellation and a new date arranged;

· Since weather reports are based on current data, there is no certainty and hence the final decision of the skipper master if necessary may be made on the day of the outing;

· Whilst every effort is made to assist the angler/s in catching fish, there is no guarantee that the targeted species or any fish for that matter will be caught during the outing;

· All fishing adventures are “Sport Angling”, which requires a strict “catch, photograph and release” approach, unless the skipper / master deems a fish to be injured beyond the point of survival. All photographs and video footage remain the sole and absolute property of the proprietors, with full and absolute rights to use same for advertising, presentations and / or DVD movies etc.;

· No intoxicated persons and no alcoholic or narcotic substances are allowed to be brought onto the vessel or consumed on the vessel during the outing. The skipper / master may cancel the outing immediately if this is not adhered to, without any refund;

· For your safety, the skipper / master is to be obeyed at all times and all instructions complied with;

· The onus is on you, the consumer (including your minor children), to ensure that you have suitable clothing, shoes, hat and sun protection;

· Should you or your minor children suffer from sea sickness, the onus is upon you to arrange the necessary medication ahead of time and to inform the skipper / master accordingly;

· Neither the skipper / master nor the proprietors of the vessel or driver of any vehicle to and from any outing, or any of their agents, servants, representatives accept any form of liability, of whatsoever nature, from whatsoever cause arising, including but not limited to, any act or omission, whether intentional, negligent or otherwise, which may cause any form of damages, loss, financial, economic or non-patrimonial, which the customer or its dependents may suffer as a result of any incident or circumstance which may occur on any trip or outing or use of the vessel or any ancillary facilities, including any transportation to or from such activities. This exemption is binding on the customer’s estate and on his / her dependents / their assigns, thereby absolving the proprietors and / or skipper / master and / or from any and all claims for injury or loss of life, including any claims from surviving dependents for loss of breadwinner and any other claims for damage / loss to any property of whatsoever nature;

· The vessel is usually equipped for a maximum of 5 persons, including the skipper / master, subject to the skipper’s / master’s sole discretion;

· Basic and limited fishing tackle and lures are included in the adventure option. More advanced tackle and lures can be rented if you do not have your own;

· Food and refreshments are not included in the adventure options, unless arranged in advance, or you can bring your own. This must be arranged in advance with the skipper / master, to ensure the vessel is able to cater for such;

· Adventure packages include the skipper / master, the vessel and fuel only, together with advice, limited assistance and guidance by the skipper / master and basic limited tackle and lures;

· All anglers must have a national fishing licence which must be arranged beforehand by the angler at any SA Post office and must be produced on demand by the skipper / master , failing which, the skipper / master may cancel the outing immediately, regardless of whether or not the other anglers possess the necessary licence. All fishing and safety regulations are to be adhered to at all times;

· Full payment is required prior to any fishing adventure. 50% deposit is required to confirm the booking, balance due in full the day before the booking. No cheques or credit cards are accepted. All venue entrance, fees, visitor fees, fishing fees, rod charges, levies, parking charges and any other extra fees or levies are excluded from the prices charged for outings;

· Deposits are non-refundable, regardless of whether the outing is cancelled by the skipper / master, but will be allocated to the substitute date of the outing, by prior consultation with the customer, up to a maximum of 3 re-scheduled outings;

· The customer hereby indemnifies the proprietors and the skipper / master, holding them harmless against any loss or damage caused to the vessel, its equipment or any of the other passengers on the vessel, including the skipper, as a result of any act or omission which may cause loss or damage, whether patrimonial, non-patrimonial, bodily injury or otherwise to any such third parties or their property and undertakes to settle the value of such upon demand;

· Right of admission on any outing is fully reserved. No persons under the age of 18 years shall be allowed on any outing, without signature hereof by the ostensible legal guardian of the minor concerned, and the skipper / master reserves the sole and absolute unfettered discretion to decide in any outing, for whatsoever reason, whether due to apparent physical health, medical or any other bodily or mental infirmity or debilitation or behavioural attributes, whether any person/s are unfit to participate in the outing

· Notwithstanding, the customer warrants that he / she and / or any minor children is / are physically and mentally fit to participate in the outing and undertakes to make full and proper disclosure to the skipper / master and / or the proprietors of any factor which may in any way influence the customer’s safety to himself / herself and / or his / her minor children or to others on the outing;

· The customer / anglers accept that whilst there may not be a crew on board the vessel at any given time, circumstances may warrant that they render due assistance to the skipper / master / proprietors and / or others, in the event of any emergency and / or in the event of bad weather and / or in the event of circumstances that require due assistance and co-operation from those on board the vessel. The customer fully acknowledges that whilst the vessel is on the water, Maritime Law applies and that the master / skipper is vested with authority over all persons on the vessel;

· The customer / anglers hereby accept that no statements or representations or warranties of whatsoever nature, have induced it / him / her / them to enter into this agreement or to participate in this outing / fishing adventure. Accordingly, the customer / angler shall have no claims against the skipper / master or the proprietors, based on any statements / representations or warranties which may have been made, neither shall the customer / angler have any claims for a refund or reduction or set-off of purchase price, based on any grounds, including, but not limited to, the quality or content of the advice, assistance, service received or the vessel utilised for the outing. The customer / anglers accordingly irrevocably waive all and any such rights for refunds or reductions in purchase price, without reserve;

· The proprietors shall not be required to sign this document for it to constitute a binding agreement and this agreement constitutes the entire agreement between the parties. No amendments / alterations / additions / deletions or any other terms and conditions shall be binding upon the parties, unless same is reduced to writing and signed by all parties. No relaxation, or waivers of any sort shall be binding on the skippers / masters or the proprietors and shall therefore not amount to a formal waiver of any of the terms and conditions set out herein;

· The customer appoints the physical address mentioned above as its appointed domicilium citandi et executandi, for the purpose of any notice, letter or legal process required to be issued by the proprietors herein:

· Should the proprietors be required to institute legal action against the customer, for any reason whatsoever, the customer agrees and undertakes liability for the proprietor’s legal costs, on the scale as between attorney and own client, including collection commission and the cost of necessary disbursements incurred, including, but not limited to, the cost of tracing the customer’s whereabouts;

· The signatory of the customer is personally liable in terms hereof. It shall not be a defence for the customer to allege that he / she signed this document on behalf of a juristic person or corporate entity or on behalf of any other disclosed or undisclosed principal. As such, the signatory is personally liable in terms of this agreement;

· Notwithstanding, should signature of the customer be in a representative capacity (if acceptable by the proprietors), the signatory accepts liability for the principal, and as surety and co-principal debtor, in solidum, together with the customer, for the due fulfilment of all the terms and conditions of this agreement;

· Should any of the terms and conditions herein be found to be invalid or unenforceable, for any reason whatsoever, such clause or clauses shall be severable from the rest, without affecting the validity of the rest of the terms and conditions contained in this agreement;

· Irrespective of place of signature, South African Law shall apply to these terms and conditions, which shall apply continuously, to each and every outing or trip attended to by the customer. As such, these terms and conditions shall not fall away or fail to apply if there is a cancellation, or rescheduling, or additional bookings made. Accordingly, these terms and conditions shall apply continuously and indefinitely, irrespective of the circumstances which follow signature hereof.

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