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Privacy Policy

Apex Shark Expeditions Privacy Policy

TRIP TIMES
As all trips are weather-dependent and subject to operational requirements, meeting, pick-up, departure and return times are subject to change and may vary from the time originally booked.
The time selected during the booking process constitutes an operational scheduling slot only and does not constitute a guaranteed meeting, departure or return time.
Apex Shark Expeditions reserves the right to advance, delay, shorten, extend, combine, substitute, reschedule or cancel any trip due to weather conditions, sea conditions, wildlife activity, harbour operations, vessel availability, staffing requirements, safety considerations, mechanical issues or any other operational requirement.
Guests are required to maintain flexibility for the entire day on the booked date and acknowledge that departure times may be amended with limited notice. Guests who are unable to accommodate schedule amendments may be treated as voluntary cancellation, and the standard cancellation policy shall apply.
DAY BEFORE CONFIRMATION
It is important to contact us the day before after 14h30 and before 16h00 to confirm exact timings should you not receive these via email or WhatsApp. The onus is on you to contact us.
TRANSFER GUESTS
Guests will be collected from their hotel. The exact times will be confirmed with you the day before.
Please double-check that you have given us the correct hotel details. If you are booked under a different name from the name booked, please inform us.
LATE ARRIVAL
Planes and trains do not wait. Neither do boats.
Any guests not present at the confirmed meeting point and time will regrettably be left behind. There is no refund, credit or rescheduling for guests who miss the boat due to late arrival, incorrect travel arrangements, traffic delays, navigation errors, missed transfers, or any other reason beyond Apex Shark Expeditions’ control.
DIRECTIONS
Apex Shark Expeditions, Simon’s Town Boardwalk Centre, Corner Wharf & St Georges (Main) Street, Simon’s Town
Take the M3 Southbound highway towards Muizenberg. (It will be best to get directions from the hotel to the highway).
Follow the M3 until the freeway ends. Take the right turn at the end of the freeway, to Ou Kaapse Weg (M64), turn right, passing Silvermine Nature Reserve.
At the foot of Ou Kaapse Weg, proceed straight, passing through three traffic lights with two shopping malls on your right. At the third traffic light proceed straight up the hill onto Glencairn Expressway/Blackhill Express (M6).
At the bottom of Glencairn Expressway, turn right at the traffic lights towards Simon’s Town.
Upon entering Simon’s Town, you will pass the train station on the left side.
Approximately 1 kilometer from here, turn left into Wharf Street.
This will take you into the large parking lot with the Simon’s Town Pier in front. This is a paid parking.
The Apex Shark Expeditions shop is in Simon’s Town Boardwalk shopping center on your right. We are situated above Bertha’s restaurant inside the center.
Google GPS Coordinates: -34.193231, 18.432711
WHAT TO BRING
Dress in layers, warm weather jacket, closed shoes, beanie, scarf, hat/cap, polarized sunglasses, towel, bathing costume (under your clothes), sunblock and camera.
If you are prone to motion sickness, seasick bracelets are available instore to purchase– these are great! And work instantly.
For your enjoyment of the trip, we recommend that you do not overindulge in alcohol the night before, as this may result in you being very seasick the next day.
CANCELLATION POLICY
If the trip is cancelled due to inclement weather, sea conditions, harbour restrictions or safety concerns, there is no charge. This decision is made solely by the skipper and Apex Shark Expeditions management and is based on wind, swell, sea state and operational conditions.
No third-party weather forecast, weather application, online forecast service or guest opinion shall override the operational decision of Apex Shark Expeditions.
We will try to reschedule you if we have availability. Should you agree to an alternative date or departure time, this constitutes a confirmed booking, and the cancellation policy applies from that point onward.
1–5 Guests:
30 days or more before the start date:
A full refund less than 3.5% banking and transaction fees.
Less than 30 days before the start date:
50% of the fee.
Less than 15 days before the start date:
100% of the fee.
No-show or late arrival:
100% of the fee.
6+ Guests and Exclusive Charters:
Refunded on bad weather cancellation less 3.5% banking and transaction fees.
Exclusive charters and group bookings may be subject to additional cancellation terms communicated at the time of booking.
FORCE MAJEURE
Apex Shark Expeditions shall not be liable for any cancellation, delay, amendment, interruption or failure to perform arising directly or indirectly from circumstances beyond its reasonable control.
Such circumstances include but are not limited to:
Pandemic or epidemic; Public health emergencies; Government restrictions; International or domestic travel restrictions; Border closures; Airspace closures; Harbour closures; Port restrictions; War or threat of war; Armed conflict; Terrorism; Civil unrest; Riots; Political instability; Strikes and labour disputes; Fuel shortages; Utility interruptions; Cyber incidents; Natural disasters; Extreme weather conditions; Fire; Flood; Earthquake; Marine pollution incidents; Regulatory action; Wildlife protection restrictions; Mechanical failure; Vessel damage;
Any other event beyond the reasonable control of Apex Shark Expeditions.
In such circumstances Apex Shark Expeditions may, at its discretion, offer a rescheduled departure, booking credit and or voucher, less any non-recoverable costs, transaction fees and administrative charges.
All payments are taken in ZAR and refunds are processed in ZAR. Apex Shark Expeditions has no control over exchange rate fluctuations or foreign bank charges.
FITNESS AND MEDICAL CONDITIONS
Guests participate entirely at their own risk and are responsible for ensuring that they are physically fit and medically capable of participating in a marine-based activity. Guests who are pregnant suffer from significant medical conditions, injuries, mobility limitations, heart conditions, epilepsy, back or neck problems, or any condition that may be aggravated by sea travel should seek medical advice before booking.
Apex Shark Expeditions reserves the right to refuse participation where participation may endanger the guest, crew, other passengers or the vessel. No refund shall be due in such circumstances.
TRAVEL INSURANCE
Guests making travel and booking arrangements with Apex Shark Expeditions are strongly advised to obtain comprehensive travel insurance.
Any loss of funds due to cancellation within the penalty period resulting from illness, hospitalisation, accident, family emergency, travel disruption, weather-related interruption, force majeure events, missed flights or other unforeseen circumstances must be claimed from your travel insurance provider.
Apex Shark Expeditions will provide supporting documentation where reasonably required for a claim.
NO SIGHTINGS POLICY
Wildlife sightings, shark sightings, marine mammal sightings, specific species sightings, behavioural interactions and photographic opportunities can never be guaranteed.
There are no refunds for no sightings.
If a shark has been sighted from the boat, this is considered a successful trip.
At the discretion of the General Manager, a two-year voucher for a complimentary trip may be extended for a no-sight trip.
The voucher is not transferable. Your name and passport number will be recorded on the voucher.
The voucher has no cash value and may not be exchanged for a refund.
GUEST CONDUCT
Guests are required to follow all safety instructions issued by the skipper and crew.
Apex Shark Expeditions reserves the right to refuse boarding or terminate participation where a guest:
Appears intoxicated; Is under the influence of drugs; Behaves aggressively or abusively; Endangers themselves, crew or other guests; Refuses to comply with safety instructions.
No refund shall be due in such circumstances.
LIMITATION OF LIABILITY
Apex Shark Expeditions shall not be liable for any indirect or consequential losses arising from cancellation, delay, rescheduling, amendment of departure times, wildlife activity or operational changes.
This includes but is not limited to flights, accommodation, tours, transfers, car hire, missed connections, loss of earnings, loss of enjoyment or additional travel expenses incurred by guests.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard and Amex for online bookings.
Bank transfers will be accepted for direct bookings into the Apex Shark Expeditions bank account, the details of which will be provided upon request.
We do not accept cash.
CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for Apex Shark Expeditions via PayGenius, the approved payment gateway.
PayGenius uses Secure Socket Layer 3 (SSL3) encryption, and no credit card details are stored on the website.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
The transaction currency is South African Rand (ZAR).

Activitar Privacy Notice

This privacy notice forms part of your agreement with Activitar.

During our interactions, you share personal information with Tornado Tour Systems (Pty) Ltd, trading as Activitar, registration number 2004/000954/07.

This notice tells you what to expect when we collect information from you and how we use it.

It is part of our agreement with you, and we may need to update it occasionally. When we do, we will inform you. You should read this notice along with our terms and conditions that apply to the products and services you use.

If you have any questions about this policy, please contact us by email at privacy@activitar.com or by phone on +2787 250 0276

We collect your information:

We collect your information in the circumstances outlined below. Sometimes we are required by law to collect your information, for instance, if tax legislation forces us to collect personal information.

When you sign up for and implement our reservation system and online distribution service

We need some general information before we can enter into an agreement and you can begin to use our reservation system and online distribution service.

We collect your:

  1. company name

  2. contact details

  3. VAT number

  4. banking details

  5. details related to your operating processes and offerings

  6. details contained in your company registration documents

  7. identity documents of your mandated officials

  8. proof of address of your mandated officials

  9. proof of banking details

We use this information to:

  1. load you on our services and configure the system

  2. set up and process payments via the payment gateway

  3. communicate with you

  4. provide training

  5. process orders

  6. provide your offerings to clients via activitar.com

  7. provide support

  8. send you statements, receipts, invoices or any other legal documents that relate to your transaction

  9. fulfill our legal obligation to use or disclose your information

Legal basis for processing:

Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you. In other instances, we are required by law to collect your information, for instance tax legislation forces us to collect personal information.

When you use our service

In order for our service to function properly, ‘customer data’ is generated and collected. This includes your, and your clients’ personal information. We collect your clients’ names, contact details, and details about their bookings.

We use customer data to process bookings and reservations on our reservation system and distribution service, to analyse and improve our services and to identify and solve problems where they may appear.

Legal basis for processing:

Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you.

When you contact us, we collect information from your message

When you contact us by social media, email, our support service or telephone with a query, complaint, or request, we collect the information contained in your message. We use the information we collect to reply to, investigate, and resolve your query, complaint, or request.

Legal basis for processing:

Data protection legislation allows us to process personal information when it is in our interest and we have chosen the least invasive way to process the information. It is in both our interest to reply to, investigate, and resolve your queries, complaints, and requests.

We use your information to send you our newsletter

We have a monthly newsletter that is delivered by email.

We’ll ask you whether you want to receive the newsletter, if you agree it is important that you know you can unsubscribe at any time by following the unsubscribe link at the bottom of the email or by contacting us.

Legal basis for processing:

Data protection legislation allows us to process personal information when you have given us your express consent.

What about children’s information?

We do not knowingly collect the personal information of children without the consent of a parent or guardian.

We share your information with trusted service providers

We use service providers and suppliers who we trust to assist us in providing our services to you. They have agreed to keep your information secure and confidential, and to only use it for the purposes for which we have sent it to them.

We share your information with service providers when they help us to:

  1. store information

  2. process payments

  3. ensure you have access to the services you paid for

  4. deliver our newsletter

  5. help monitor the effectiveness of our promotions and advertising

  6. help us manage our business, for instance accountants and professional advisors.

  7. maintain our website

  8. find and fix errors and performance issues on our website

Sometimes we will be required by law to share your information. For instance, we may be required to share your information with the South African Fraud Prevention Services. We will not sell your information or share information with third parties for the purposes of direct marketing (we don’t like spam either).

We send your information to other countries

Some of the service providers that we use may be located in other countries; for instance, our cloud storage service. These countries may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level that we do.

We don’t keep your information longer than we need to

We will not retain your information for longer than we need to, unless we are legally required to do so. Most of your personal information will be retained for 5 years from the date of your last transaction with us. However, we may keep your contact details for longer for marketing and mailer purposes.

We have taken reasonable steps to minimise the impact of a breach

We have implemented reasonable security measures based on the sensitivity of the information we hold. These measures are in place to protect the information from being disclosed, from loss, misuse, and unauthorised access, and from being altered or destroyed.

We regularly monitor our systems for possible vulnerabilities and attacks, but no system is perfect and we cannot guarantee that we will never experience breach of any of our physical, technical, or managerial safeguards. If something should happen, we have taken steps to minimise the threat to your privacy. We will let you know of any breaches that affect your personal information and inform you how you can help minimise the impact.

You also have a role to play in keeping your information secure. For example, you should never share personal information with us in an email, because while our servers are protected, it is still possible that email can be intercepted. Instead, contact the Activitar support team at +2787 250 0276, which will connect you to Chris Coetzee, our information officer.

You have the right to be informed about the personal information we have, and what we do with it

You have the right to know what kind of personal information we have about you, to correct it, and to opt out of marketing.

You have the right to

  1. ask us what we know about you;

  2. ask what information was sent to our suppliers, service providers, or any other third party;

  3. ask us to update, correct, or delete any out-of-date or incorrect personal information we have about you;

  4. unsubscribe from any direct marketing communications we may send you; and

  5. object to the processing of your personal information.

You can request access to the information we have about you, or correct your personal information by contacting our deputy information officer at privacy@activitar.com. It can take us up to 21 days to respond to your request because there are procedures that we need to follow. In certain cases, we may require proof of your identity, and sometimes changes to your information may be subject to additional requirements such as valid proof of residence.

Your rights in terms of the GDPR:

If you are in the European Union, you have these rights in terms of the GDPR:

  1. The right to be informed about the collection and use of your personal information.

  2. The right to access your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may charge a fee in some circumstances. We will let you know if this is the case.

  3. You have a right to have inaccurate personal information corrected or completed if it is incomplete. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  4. You have the right to have your personal information erased, also known as the ‘right to be forgotten’. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  5. You have the right to request that we restrict or suppress your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  6. You have the right to reuse your personal information for your own purposes across different services, also known as the right to data portability.

  7. You have the right to object to us processing your personal information in certain circumstances. You may make your objection by contacting privacy@activitar.com. We may take one month to respond to your request. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it.

  8. You have the right to complain to a supervisory authority in the Member State where you live or work, or where the infringement took place.

  9. You have the right to object to automated decision-making and profiling.

  10. You may ask that a human review any automated decisions that we make about you, express your point of view about it, and obtain an explanation of the decision. You may challenge any automated decision made about you by contacting privacy@activitar.com. We may take one month to respond to your request.



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