1. Reservations, method of payment and check-in times

1.1 Reservations shall be done by the client completing the initial booking

form either online on our website, telephonically or at our offices. All

bookings should be booked at least 48 hours in advance to avoid


1.2 It is agreed that in order to confirm the reservation, the client must

complete the initial booking form and ensure that Majestic Cruising

receives the Deposit as stated on the booking form (proof of payment

required), together with a duly completed and signed copy of this


1.3 The balance of the total amount owing in respect of the reservation shall

be settled upon the client arriving at our premises or the vessel.

1.4 The method of payment shall be by eft, cash or credit card.

1.5 The client who makes a booking thereby warrants his/her authority to do

so on behalf of all persons included in the booking and agree that all such

persons shall be bound by the terms and conditions of this agreement.

1.6 Client’s shall be present at departure point 30 minutes prior to departure.

Client must notify Majestic Cruising in advance if alternative

arrangements are required.

2. Duration of cruise and occupants

2.1 The duration of the cruise shall be as stated on the booking form, subject

always to the provision of clause 2.2

2.2 Majestic Cruising relies on good weather conditions which are out of their

control. Please confirm 24 hours prior to the date of your booking to

confirm the cruise will be taking place.

2.3 The number of clients attending a cruise are limited to the booking form

on this agreement.

3. Cancellation of booking

3.1 In the event of cancellation of the confirmed reservation more than 48

hours prior to the agreed date of cruise, Majestic Cruising will retain 50%

of the deposit paid.

3.2 In the event of cancellation of the confirmed reservation less than 48

hours prior to the agreed date of the cruise, majestic Cruising will retain

the full deposit paid.

3.3 In the event of a reservation being made less than 48 hours prior to the

agreed date of cruise (subject to availability), and same reservation being

cancelled at any time thereafter, Majestic Cruising will retain the full

deposit paid.

4. Use of the boat

4.1 All clients attending, by their signature hereto either personally or

through their authorized agent, confirms that they are of sufficient health

and fitness to participate in the cruise. All clients, shall at all times,

conform to the onboard safety instructions either written or oral as

provided by the company prior to and for the duration of the cruise.

4.2 No nuisance or annoyance will be tolerated such that it in any way

interferes with the comfort and enjoyment of any other client/s.

4.3 The client shall adhere to all non-smoking signs.

4.4 No client is allowed to bring any illegal drugs or alcoholic beverages onto

the boat.

4.5 The client indemnifies the company in respect of any damage and/or loss

howsoever incurred upon the client boarding or alighting the boat.

4.6 The client accepts the authority of the skipper at all times and shall

comply with any lawfull instruction whilst on the boat.

4.7 The company is a professional operation and client safety is paramount,

so the company will take all reasonable steps necessary to not put the

clients at any risk whatsoever.

4.8 The company is aware of the vagaries of weather and therefore monitor

weather forecasts regularly and very closely. Weather forecasts are not

always accurate and inclement weather can happen suddenly over a very

short period of time which may/will impact on the trip.

4.9 The skipper is ultimately responsible for the safety of the passengers,

crew and vessel. It is therefore accepted and agreed that it is in his sole

discretion to either cancel a trip prior to leaving the harbor even though

passengers may already be on board or cut a trip short due to a change in


4.10 Should a trip be cut short due to a change in weather, the company will

refund clients 100% of the fee or reschedule a trip if the boat has not left

the quayside or if the boat is forced to return due to mechanical


Refund clients 50% of the fee if less than half the trip has been completed

and we have to turn back due to inclement weather.

5. Damages

5.1 The clientshall not have any claims of any nature against Majestic Cruising

for any loss, damage or injury which the client may directly or indirectly

suffer by any reason whatsoever. The client boards the vessel entirely at

its own risk.

5.2 The client undertakes to pay to Majestic Cruising an amount equal to any

claim made against Majestic Cruising by anyone for any loss, damage or

injury suffered in or on the vessel as a consequence of any act or omission

by the client or any persons under the client’s control.

6. Jurisdiction and domicilium

6.1 The client hereby consents to the jurisdiction of the Magistrates Court in

terms of section 45 of the Magistrates Court Act 1944, as amended in

respect of any action or proceedings which may be instituted against the

client in terms of or arising out of this agreement notwithstanding the

amount of the relevant claim. Notwithstanding the foregoing, the client

house will be entitled, in its discretion to institute any action or

proceeding in terms of or arising out of this agreement in the High Court

which has jurisdiction.

6.2 The validity, interpretation and performance of this agreement will be

governed by the law of the Republic of South Africa and the parties hereto

submit to the jurisdiction of the courts of the Republic of South Africa.

6.3 The parties choose as their domicilium citandi et executandi for all

purposes under this agreement, the addresses as supplied in the booking


6.4 Notice or communication required or permitted to be given in terms of

this agreement shall be valid and effective only if in writing, but it shall be

competent to be given by e-mail.

6.5 Any party may by notice to any other party change the physical address

chosen as his domicilium citandi et executandi

7. Equipment rental

7.1 Clients either rent or are supplied as part of the cruise certain equipment

for the duration of their cruise, the details of which is supplied to the

client at the time of the cruise. The client hereby indemnifies Majestic

Cruising for any damage it may suffer under or in terms of the use of the


7.2 Any equipment rented or supplied by the company to the client shall be

at the risk of the client. The client undertakes to take good care and

control of any equipment and shall be liable for the costs of any breakages

or replacement of any equipment.

8. Breach

Should the client:

8.1 fail to pay any amount due in terms of this agreement on due date;

8.2 commit or allow the commission of any other breach of this agreement

and fail to remedy that breach immediately after the receipt of a notice

(which notwithstanding anything to the contrary above, may at the

discretion of Majestic Cruising be orally or in writing) to that effect by

Majestic Cruising;

8.3 then and in any of such events Majestic Cruising shall without prejudice

to its right to claim damages or to its right to eject the client from the

vessel or to any other claim of any nature whatever that Majestic Cruising

may have against the client as a result hereof:

8.4 be entitled to cancel this agreement; or

8.5 be entitled to remedy such breach and immediately recover the total cost

incurred by Majestic Cruising in so doing from the client. Should Majestic

Cruising institute action against the client pursuant to a breach of the

client of this agreement, Majestic Cruising shall be entitled to recover all

legal costs incurred by it including attorney and own client charges,

tracing fees and such collection commission as Majestic Cruising is obliged

to pay to its attorneys.

9. The agreement

9.1 No alteration, cancellation, variation of or addition hereto shall be of any

force or effect unless reduced to writing and signed by all parties to this

agreement or their duly authorised representatives.

9.2 This agreement cancels and supersedes the terms and conditions of all

prior negotiations and agreements between the parties.

9.3 This document contains the entire agreement between the parties and no

party shall be bound by any undertakings, representations or warranties

not recorded herein.

9.4 No indulgence, leniency or extension of time which Majestic Cruising may

show to the client shall in any way prejudice Majestic Cruising or preclude

Majestic Cruising from exercising any of its rights in the future.