These terms and conditions constitute the basis upon which Skydive Africa Tourism (Pty) Ltd (“Skydive Africa”) agree to provide its services to you. Please make sure that you have read and understood them and raised any queries you may have before agreeing to be bound by them.They will apply to each and every instruction for services you give us.
Skydive Africa is a booking agent that offers an administrative service that assists clients with their itinerary, reservations and payment requirements by liaising with the supplier of travel services and products on your behalf. Although the Directors of Skydive Africa may operate as Tandem Skydive Instructors in their own personal capacity at any given operation, Skydive Africa, does not have operational involvement with any of the adventure companies for whom we book activities.
As used in this Agreement the following words have the meanings as set out below:
- "the Agreement" means these terms and conditions of business concluded between you and us in respect of the Services;
- “Client” or “you” means the person who applies (directly or indirectly) to Skydive Africa for Skydive Africa’sservices including, but not limited to, a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-contractor. The Client shall include any other person on behalf of the Client or whom the Client represents;
- “Operating Company” means the provider of the various services arranged by Skydive Africa at the Client’s request, including but not limited to providers of adventure activities, accommodation and travel services;
- "Services" means the provision of administrative travel or other services to assist clients with their itinerary, reservations and payment requirements by liaising with the Operating Companies who supply travel services and products on Client’s behalf;.
- "Skydive Africa", “we”, “us” and “our” means Skydive Africa Tourism (Pty) Ltd, Registration Number 2013/230940/07 of 16A Edward Crescent, Duynefontein, Cape Town, 7441 and its affiliates and subsidiaries.
- Skydive Africa shall provide the Servicesas requested by the Client from time to time.
Variations to the services
Please note that skydiving and other adventure activities are dependent on a number of variables including but not limited to weather, equipment and other logistical factors. If for any reasonyour initially booked slot cannot be fulfilled (at the sole discretion of the relevant Operating Company):
- you will either be notified by Skydive Africa or directly by the Operating Company at the earliest possible time;
- we will assist to try and re-book your cancelled activity. Your deposit/booking fee is transferable but non refundable;
- your booking can be transferred to any other affiliated dropzone or activity site along your trip, at the discretion of the Operating Company and Skydive Africa. Differences in package costs will be charged.
- Skydive Africa shall not be held liable for any such variations to the final itinerary.
- Please note that skydiving and other adventure activities are dependent on a number of variables including but not limited to weather, equipment and other logistical factors. If for any reasonyour initially booked slot cannot be fulfilled (at the sole discretion of the relevant Operating Company):
- The Client acknowledges that he/she has selected the itinerary and destination(s) constituting the booking that Skydive Africa make for you based on information gleaned from sources which have been compiled and are managed by the Operating Companies. We do not guarantee that the itinerary and/or any destinations will comply in whole or in part with such information sources. The Client acknowledges that any right of recourse in that regard may be against the Operating Companies.
- While it may be possible to break away from the itinerary, and subject to increased cost implications, it is understood that such breakaways will be for the Client’s account.
How to book
1. Build your Itinerary and Lodge your Enquiry
Search our website, by location, for options on Skydiving Packages, Other Activities and Accommodation. Simply select the activities you are interested in, select a proposed date and the number of people who will participate. Add these to your cart and check out.2. Confirmation & Payment
A member of our team will check availability and get back to you with suggested dates and times for your adventure. Once we have confirmed your itinerary we will invoice you for the deposit/booking fee. You can either pay by Credit Card or by EFT (South African banks only)
Your booking will be confirmed on the payment of the deposit. Balance to be paid to the operator on site.3. Booking Information & Details
We will then supply you with the relevant information you may need for your booking, such as:
- Contact numbers
- Payment options for balance of payment
- All quotations provided by Skydive Africa are subject to availability of the product or service from the Operating Company when the booking/reservation is made by Skydive Africa on the Client’s behalf. Prices quoted cannot be guaranteed due to demand and price fluctuations and/or currency fluctuations and will only be confirmed upon receipt of the required payment in full to the operator. Difference in price between deposit payment and the date of your activity are for the clients account
- All quotations or estimates provided by, or bookings made with and/or all Services rendered or vouchers, receipts or tickets issued by or on behalf of Skydive Africa are subject to this Agreement as well as those of any Operating Company.
Requirements to skydive
If you have booked a skydive you:
- must be of able body and physically and medically fit;
- must be less the 100 kilograms/220 pounds; and
- if you are under 18yrs of age, you must have written consent from your legal guardian.
Indemnity form and physical health
- Please ensure that you sign the indemnity form provided to you by the relevant Operating Company for each activity you book through us, and that you adhere to all weight, physical fitness and other limitations and/or requirements as described to you by the Operating Company and as recorded in their indemnity form.
- It is your obligation to ensure you are medically fit to embark on the activities you book through us.
Personal injury and our liability to you
- Please note that the adventure activities offered by Skydive Africa, being not limited to only skydiving, involve taking risks and could result in your sustaining serious injuries or death.
- You must at all times comply with the instructions and requirements given to you by the relevant Operating Company facilitating your activity.
- Skydive Africa is a booking facilitator and does not have operational involvement with any of the Operating Companies with which we book on your behalf.
- Skydive Africa, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of Skydive Africa, unless such claim is due to the gross negligence or wilful conduct of Skydive Africa, and under no circumstances will Skydive Africa be liable for any indirect or consequential loss or damage and the Client indemnifies Skydive Africa accordingly.
- In the event of the Client cancelling a booking they have made through us, we shall have the right to either claim the amount of, or retain an amount of the payments that the Client has made to us for such booking, and claim reasonable damages suffered by Skydive Africa, provided that Skydive Africa shall not impose any cancellation fee or claim any damages in respect of a booking or reservation if the Client is unable to honour the booking or reservation due to the death or hospitalisation of the Client.
- The Operating Companies may reserve the right to cancel any services prior to the booked date therefore, in which event the payment the Client has made to us for such services (less Skydive Africa’s fee) will be refunded by the Operating Companies to the Client without any further obligation on the part of Skydive Africa. Skydive Africa will CHARGE A FEE for processing the request for refund.
- Operating Companies may charge cancellation fees over and above the cancellation fees charged by Skydive Africa.
Cancellation by Skydive Africa
- Skydive Africa reserves the right to discontinue and summarily cancel any booking arrangement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand; and
- Skydive Africa shall have the right to cancel any booking arrangement should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of Skydive Africa.
- Insurance: Trip cancellation and interruption insurance is therefore highly recommended.
Any vouchers purchased from Skydive Africa are valid for 3 months from the date of purchase, and are valid only for the value that was transacted. If the price of the chosen activity changes before the voucher is redeemed then the settlement of this difference will need to be made before a booking can be confirmed.
Nothing contained in this Agreement shall be deemed to constitute a relationship of partnership and/or a joint venture between the Client and us.
All matters relating to the Agreement shall be treated by the parties as confidential and no such matters shall be disclosed to any third party without the prior agreement in writing by both parties(subject to the proviso that confidential information does not include information which is publicly known, or which is available from or disclosed by a third party not bound by any duty of confidentiality under this Agreement).
In the event of either party failing to meet its obligations under this Agreement, the innocent party shall be entitled to cancel this Agreement or demand specific performance of the other party’s obligations together with any damages suffered by the innocent party as a result of such default, provided that the defaulting party is given 10 days written notice to remedy the default.
- Notwithstanding the provisions of clause 7 above, in the event of any dispute arising between the Parties in respect of any matter arising out of this Agreement, then that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Such arbitration shall take place within the city of Cape Town, South Africa.
- Nothing contained herein shall preclude any of the parties to this Agreement from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
Cession and assignment
Neither party to this Agreement shall be entitled to cede or assign any right or obligations under this Agreement without the prior written consent of the other party to this Agreement.
In the event of a conflict between this Agreement and the provisions of any invoice or booking schedule we provide to you, the provisions of this Agreement shall prevail.
Domicilium and notices
The Parties choose the physical addresses identified in this Agreement at which documents in legal proceedings in connection with this Agreement may be served (ie their domicilia citandi et executandi) and at which any written notice in connection with this Agreement may be addressed.
The effective date of the Agreement shall be the date on which the Client accepts the Agreement or is deemed to accept it under clause 20, whichever is the earlier.
Application of this agreement
If you, having received a copy of this Agreement, instruct us to proceed with an booking or to assist with any other matter, or made any payment to us, without having initialled/signed and returned a copy of this Agreement to us, you will be deemed to have accepted this Agreement, as amended or supplemented by any specific terms agreed to by us in writing.
- These terms and conditions make up the whole agreement between the Parties. Neither Party shall be obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in this Agreement. This Agreement replaces any arrangement or understanding held by the Parties before this Agreement was signed and accepted.
- No amendment, addition or consensual cancellation of the Agreement will be binding unless it is recorded in writing and signed by both Parties.
Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them.
The parties acknowledge that each clause of this Agreement is separate. If any clause of this Agreement is or becomes illegal, invalid or unenforceable for any reason or in any jurisdiction, it will be treated as of it had not been written. This does not:
- make the rest of the Agreement illegal, invalid or unenforceable
- affect the legality, validity or enforceability of the clause in another jurisdiction.
This Agreement shall be governed, interpreted and implemented in accordance with the laws of South Africa.
Jurisdiction of South African courts
The Parties consent to all proceedings instituted in connection with this Agreement being instituted in the Magistrate's Court in terms of section 45 of the Magistrate's Court Act of 1944 (as amended).
If Skydive Africa brings legal proceedings against the Client to enforce payments of amounts owed to it, the Client shall be responsible to pay all costs Skydive Africa incurs in collecting the payment on an attorney and own client scale.
Data protection and protection of personal information
- By providing us with any information you will be agreeing to the provisions set out below, together with any other terms you have agreed with us where relevant. Please ensure you have read and understood these terms before you send us any information. This will apply to any information you have already provided.
- We reserve the right to revise or supplement this Data Protection Policy from time to time at our sole discretion.
- You must not send us personal information about someone else without first getting his or her consent for it to be used and disclosed in the ways set out in this policy. This is because we will assume he or she has consented – although we may still ask for confirmation from them. Where you do give us information about someone else, or someone else discloses a connection with you, that information may be taken into account with your other personal information.
- We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from or about you. We use your personal information in accordance with this Data Protection Policy and will fully comply with all applicable South African data protection legislation. It is important that you take all necessary and appropriate steps to protect your data yourself.
Information that may be collected:
- Title, name and surname or full registered name
- Identification or Passport or Registration number
- Date of birth
- Contact numbers
- E-mail addresses
- IP address
- Detail relating to the bookings and activities for which you are instructing Skydive Africa, and necessary to enable Skydive Africato complete the instruction.
We may process, transfer and disclose your information for the purposes of:
- providing you with the Services and complying with the your instructions;
- verifying your identity;
- detecting and preventing fraud;
- compliance with laws and public duties;
- to accurately carry out your instructions;
- market research and providing you with information via email, telephone or other means about Skydive Africa’sproducts or services from time to time; and
- direct marketing purposes via email, telephone or other means.
- The processing, transferring or disclosing of your information as set out above will be undertaken strictly in accordance with the Electronic Communications and Transactions Act, 2002.
- We may contact you about products and services available from Skydive Africa, which we believe may interest you from time to time. We may do this by post or by phone unless you have told us in writing not to; and by e-mail if you have told us in writing that we can. Email is the preferred mode of communication to you. You may tell us in writing at any time if you change your mind. We will respect any election by you, not to be contacted by a certain method of communication unless and until you notify us in writing that you wish to be contacted by such method again.
- You have a right to access the personal data that is held about you. To obtain a copy of the personal information Skydive Africa holds, you can contact Skydive Africa and upon an identity verification process, this information will be provided to you.
Use of information collected
- The Client understands that the terms in boldand/or underlined have important legal consequences.
- By making a booking or payment through Skydive Africa you are deemed to have read, understood and accepted these terms and conditions and to have the authority to do so on behalf of the person in whose name the ultimate reservation or booking is made.
- The Client agrees that the terms of this agreement shall serve as a release and express assumption of risk for yourself, your heirs, assignees, administrators, executors, and all members of your family, including any minors accompanying you.