STANDARD TERMS AND CONDITIONS
FOR MAJESTIC CRUISING
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
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
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.
5.1 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.
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
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.