Online Terms & Conditions

• All whale watching and marine tours and/or trips (“tours) are conducted by Level Horizon (Pty) Ltd T/A WhaleExpedition SA (WhaleExp).
• WhaleExp operates under whale watching permit no: BBWW108/202025_A.
• “Guest” shall mean all persons (whether a natural or juristic person) utilising the services of WhaleExp and/or that participate in any tours / trips provided by WhaleExp, utilising their vessel(s).

• Lifejackets to be worn for the duration of the expedition.
• We strongly advise motion sickness precautions.
• No unaccompanied minors are allowed – minors only allowed if vessel booked on private basis.
• Physical Requirement/ Limited Mobility: Significant mobility is required to board the Vessel and partake in the tour. There is no wheelchair access.

The tour time is not capped. The duration all depends on the travelling time to the whales and the abundance of marine life on the day. The average tour time is 4-6 hours.

• This is a weather/sea permitting activity
• At the sole discretion of WhaleExp, the expedition may be cancelled with short notice if the weather/sea is unsuitable for the experience.
• If the expedition is cancelled, we will contact you via WhatsApp and/or email, only. Please ensure the contact details you provide at the time of booking are correct.
• Should the tour be cancelled due to poor weather/sea conditions, you’ll be offered a different date subject to availability or a full refund will be given. Please contact our office within 24 hours after cancellation to reschedule your tour, alternatively a full refund will be issued within 24 hours after notification of request for a refund.
• We recommend that you call us to check on your expedition status, especially if you are travelling from out-of-town for the tour.

Please ensure that your expedition is paid 14 calendar days prior to the tour date. For all tours that are scheduled within the 14 calendar day period, the booking fee is payable immediately. All unpaid bookings will be cancelled without prior notice.

In the event that any monies are due, payable and outstanding to WhaleExp, we reserve the right to charge interest thereon at the rate of 15% per annum, calculated daily and compounded monthly in arrears.

If you do not arrive 30 minutes prior to your reserved departure time, your reservation will be automatically cancelled with a 100% cancellation fee (i.e. no refund). Please call/WhatsApp us if you are running late, as arrival time is strictly 30 minutes before your reserved departure time.

For all bookings, free cancellation applies up to 7 calendar days before departure. Any refunds due (if applicable) will be issued 24 hours after notification to WhaleExp. For any cancellations or changes received less than 7 calendar days before the tour, a 100% cancellation fee will be charged (i.e. no refund).

We do not accept amendments for reservations made via third parties. In such an event, the third party that made the reservation is to contact our offices directly to arrange it.

INCLUSIONS

• Guided expedition (English) by a Whale Specialist Guide
• Hot & Cold Beverages, breakfast & lunch
• WIFI available at on-land guest area
• Refreshments onboard during expedition

• Any photographs or video material taken by WhaleExp or its employees during expeditions can be used for marketing purposes and upon payment of the tour fee by the guest, to the extent that it is necessary, such constitutes consent from the guest in terms of Section 11(1)(a) of the Protection of Personal Information Act 4 of 2013 and/or any other applicable section thereof for WhaleExp to use such photographs or video material.
• The information contained in our website and in our other advertising material is believed to be correct to the best of our knowledge at the time of publication. However, errors may occasionally occur, and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking.

• During the expedition, you may encounter marine and/ or other wildlife. Please be respectful towards the wildlife and avoid making any loud noise or movements that may disturb or startle them.
• Please do not throw any litter (including food waste) in the ocean and try to take care not to leave anything behind that could fly away and end up being discarded in the ocean. Our crew has refuse bags available to collect any waste you may have.

• We, at our sole discretion, may refuse to carry you if we, acting reasonably, are not completely satisfied that it is practicable and safe for you to participate in the tour. Before you make any booking you must tell us if you (including all participants in your booking) suffer from any illness, disease or other mobility or medical condition which may make it impracticable, or unsafe for you, or other passengers, to participate in the tour, or if you think you could be affected by adverse sea and weather conditions.
• To ensure maximum safety and enjoyment of the tour by yourself and other passengers, you must follow all reasonable instructions given by our expedition team before, during and after the expedition and you agree that you will ensure that any children in your care do the same. You are responsible for the safety and protection of your own personal possessions at all times.
• Even if you have a booking, we may, at our sole discretion, refuse to carry you if we reasonably believe that carrying you may put the safety of the boat, or the safety or health of any person in the boat, in danger or at risk, or if you have not obeyed the instructions of our staff or a member of the crew of the vessel relating to safety or security, or if you require special assistance and you have not previously made arrangements for such assistance, or if you are believed to be under the influence of alcohol or drugs, or we reasonably believe you are in unlawful possession of drugs.  No alcohol may be brought onboard the Vessel by any guest.
• No weapons of any kind are permitted on board the Vessel. This includes, without limitation, guns, knives, martial arts weapons, pellet guns, etc.

• All passengers are required to sign an indemnity form at check-in, the terms of which are to be viewed as if they are incorporated herein. If a guest refuses to sign the indemnity form, they will not be able to partake in the tour and will not receive a refund. The indemnity form must be signed by a Parent/Legal guardian for minors under 18 years.
• All expeditions carry a degree of risk and by participating in the expedition provided by us you are expressly assuming those risks personally and are, to the maximum extent permitted by law, releasing WhaleExp, its members, shareholders, employees, agents or underwriters and any affiliate or other person(s) appointed by any of the foregoing to act on their behalf from time to time, from any liability, claims, losses, damages or expenses caused by any event, including, but not limited to: personal injury or death, property loss or damage, acts which may be construed as negligent or accidental, any other loss, damage, suffering, emotional or nervous disorder.
• Without in any way limiting the generality of this liability clause, it is specifically recorded that WhaleExp, its members, shareholders, employees, agents or underwriters and any affiliate or other person(s) appointed by any of the foregoing to act on their behalf from time to time, will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: your act(s) and/or omission(s); the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable; and ‘force majeure’ as defined below.
• In these terms and conditions, ”force majeure” means any event which we could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, significant risks to human health such as the outbreak of serious disease at the travel destination, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in these terms and conditions, WhaleExp, its members, shareholders, employees, agents or underwriters and any affiliate or other person(s) appointed by any of the foregoing to act on their behalf from time to time, do not accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”.
• Conditions of outsourced suppliers: Suppliers, including transport operators, provide their services in accordance with their own terms and conditions. These terms may limit or exclude their liability to you in the event of death, personal injury, delay or loss / damage of personal possessions. WhaleExp, its members, shareholders, employees, agents or underwriters and any affiliate or other person(s) appointed by any of the foregoing to act on their behalf from time to time, shall under no circumstances be liable for any act or omission of any outsourced suppliers /operators.

• The interpretation of these terms and conditions and the resolution of any disputes arising in respect of any expeditions and related matters between WhaleExp and the guest shall be governed by South African law and jurisdiction.
• The guest hereby consents to the jurisdiction of the High Court.
• Should any proceedings be instituted by WhaleExp against the guest in respect of any matter in relation to the enforcement of their rights, including but not limited to the recovery of outstanding booking fees, WhaleExp shall be entitled to recover the costs of such proceedings, including collection fees and tracing agents, on the scale as between Attorney and own client.

• The guest chooses as their domicilia citandi et executandi for the due delivery of notices and the service of processes arising from these terms and conditions, their address provided to WhaleExp.
• The guest shall be entitled from time to time to amend their domicilium citandi et executandi to any other address by written notice to that effect given to WhaleExp.

• The terms set out herein, together with the indemnity form signed at check-in, form the sole contractual relationship between the parties in relation to the subject matter hereof and no variation thereof shall affect these terms and conditions, unless such a variation is in writing and signed by both WhaleExp and the guest.
• These terms and conditions apply to every reservation, booking, enquiry and tour made with or undertaken by WhaleExp and override (to the exclusion of) any other terms and/or conditions presented in any form by any other party whosoever, including the guest, such which the guest consents to.
• The guest’s possession of these terms and conditions shall not be deemed a condition precedent to the guest’s acceptance hereof.
• WhaleExp reserves the right to amend these terms and conditions without notification to the guest.