Effective Date: 31 January 2026

These Terms and Conditions (“Terms”) govern (i) bookings and participation in experiences offered by Tide & Seek (“we”, “us”, “our”), and (ii) purchases made through our online shop. By booking an experience, purchasing products, or participating in any Tide & Seek activity, you (“you”, “participant”, “client”) agree to these Terms.

1. Bookings & Payments

1.1 Booking confirmation
Bookings are confirmed only once full payment has been received and you have received written confirmation (usually by email)[18.1].

1.2 Payment processing
Payments are processed securely via approved third-party payment providers.

1.3 Pricing
Prices are in South African Rand (ZAR) and are subject to change until your booking is confirmed. We reserve the right to increase our prices annually in line with inflation.

1.4 DMC bookings
Destination Management Companies (DMCs) may access a dedicated login and booking code by arrangement. Separate commercial terms may apply where agreed in writing.

2. Changes, Cancellations & Refunds (Experiences)

2.1 Ocean conditions and flexibility
Our experiences take place in natural coastal environments. Weather, tide, swell, wind, water quality, wildlife activity, access restrictions, and other factors may require adjustments on the day. We may change timing, route, locations (including which tidal pools are visited), or the structure of an experience to ensure safety and quality.

2.2 Client cancellations (group experiences and tours)

• Cancellations made 7 days or more before the experience: full refund.
• Cancellations made less than 7 days before the experience: no refund.
• No-shows or late arrivals resulting in you missing the experience: no refund.

2.3 Client cancellations (1:1 Ocean Therapy sessions)
Please cancel at least 24 hours in advance. Sessions cancelled with less than 24 hours’ notice will be charged in full.

2.4 Tide & Seek cancellations or rescheduling
We may cancel or reschedule due to safety concerns, unsuitable ocean conditions, weather, tides, access restrictions (including within reserves), or unforeseen operational reasons. If we cancel, you will be offered either:

• an alternative date, or
• a full refund.

3. Participation Requirements

3.1 Age requirements

• Tidal Pool Hops: Ages 14+.
• Tidal Pool Tours / Guided Experiences: Children may join, but remain the responsibility of a parent/legal guardian. Please provide children’s ages at booking so we can plan an appropriate guide-to-guest ratio.
• We may refuse participation to anyone under 18 who is not accompanied by a parent/legal guardian.

3.2 Medical fitness and disclosure
You must be medically fit to participate and must disclose relevant medical conditions, injuries, pregnancy, medications, or other risks that may affect your safety.

3.3 Safety instructions
You must follow all safety instructions from guides at all times.

3.4 Right to refuse participation
We reserve the right to refuse participation (or require a participant to stop) if someone appears unfit, behaves unsafely, is intoxicated, or otherwise poses a risk to themselves, others, wildlife, or the environment. In these cases, no refund is due.

4. Swimming Ability & Nature of Experiences

4.1 Choice-led participation
You are always free to choose when to dip, when to swim, and when to stay dry. There is no pressure to enter the water.

4.2 Swimming ability guidance

• For tidal pool experiences, strong swimming ability is not required.
• For wild swimming experiences, it is recommended that you can swim at least 100 metres unassisted.

4.3 Conditions vary
Ocean and tidal pool conditions change daily. Water clarity, temperature, swell, currents, sea state, and marine life activity vary by location and season.

5. Risk & Liability

5.1 Inherent risks
Tidal pool swimming, shoreline walking, and open-water/wild swimming involve inherent risks, including (without limitation) slippery rocks, uneven terrain, waves/surge, currents, cold water exposure, marine life, weather changes, injury, illness, or drowning.

5.2 Limitation of liability
To the fullest extent permitted by South African law, Tide & Seek is not liable for loss, injury, illness, or death arising from participation in an experience, except where such liability cannot be excluded by law.

5.3 What we do not exclude
Nothing in these Terms excludes liability for gross negligence, wilful misconduct, or rights that cannot be limited under the Consumer Protection Act or other applicable South African law.

5.4 Cap on liability
Where liability is not excluded, our total liability is limited to the total fees paid by you for the specific experience giving rise to the claim.

6. Indemnity
You agree to indemnify and hold Tide & Seek harmless against claims, losses, damages, and expenses arising from your breach of these Terms, unsafe acts, failure to follow guide instructions, or negligent/reckless conduct.

7. Indemnity Form Requirement
All participants are required to sign an indemnity form (as provided via our website or booking process) before taking part in any experience. Failure to sign may result in refusal of participation with no refund.

8. Transport

8.1 Transport inclusion
Some experiences include transport (e.g., pick-up and drop-off). Where transport is included, it is provided by licensed road vehicle(s) or trusted partners.

8.2 Safety compliance
Participants must comply with all transport safety requirements, including the use of seatbelts.

9. Personal Property
You are responsible for your personal belongings. We are not responsible for theft, loss, or damage to personal property, except where liability cannot be excluded by law. We recommend bringing only essential items and leaving valuables at home where possible.

10. Photography & Media

10.1 General
We may take photographs or short videos during experiences for documentation and marketing.

10.2 Opt-out
If you do not consent to being photographed or filmed, you must notify us in writing before the experience (or on arrival) and we will make reasonable efforts to exclude you from media capture.

10.3 Private photography add-on
Some experiences offer an optional private photographer add-on, which will be governed by separate agreed details where applicable.

11. Force Majeure
We are not liable for delays, cancellations, or changes caused by events beyond our reasonable control (including but not limited to extreme weather, natural disasters, wildfire, strikes, road closures, permit restrictions, public health measures, or regulatory changes).

12. Shop Purchases (Books & Merchandise)

12.1 Delivery (South Africa only)
We courier goods within South Africa only. A flat courier fee of R80 applies per order. We do not currently courier goods overseas.

12.2 Faulty or damaged goods
If goods arrive damaged or faulty, please notify us within 7 days of delivery with photos where possible. Returns and refunds are handled in line with the Consumer Protection Act.

12.3 Stock and fulfilment
We aim to dispatch orders promptly, but delivery times may vary depending on courier services and location.

13. Privacy (POPIA)
Personal information is collected and processed in line with South Africa’s Protection of Personal Information Act (POPIA) and our Privacy Policy. We use your information to manage bookings, provide services, communicate with you, and administer newsletters where you have opted in.

14. Governing Law & Disputes
These Terms are governed by the laws of the Republic of South Africa. Any disputes will be resolved in South African courts, or, where agreed by both parties, through mediation or arbitration.

15. Contact Tide & Seek
Email: hello@tideandseek.co.za
Phone: +27 72 243 5957
Address: 8 Mountain Road, Clovelly, 7975, South Africa