Terms and Conditions

Introduction

This website can be accessed at www.psadventures.co.za and is owned and operated by PS Adventures (Pty) Ltd. (“PS Adventures”, “we”, “us” and “our”). We are a business operating in the tourism industry supplying adventure activities. Our registration number is 2016/279070/07.

The Website Terms and Conditions (“Terms and Conditions”) govern the booking and attendance of activities, and the use of the Website.

PS Adventures (Pty) Ltd permits the use of this website subject to the Terms and Conditions. By using this website, you shall be deemed to have accepted all the Terms and Conditions unconditionally.  You must refrain from using this website if you do not agree to the Terms and Conditions.

By using the website you confirm that you are 18 (eighteen) years of age or older and of full legal capacity.  If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your parent or legal guardian. Your parent or legal guardian who provides his/her consent agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

PS Adventures uses the services of an authorised training school in the delivery of it’s services.

Customer Privacy Policy

PS Adventures (Pty) Ltd. shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

For more information please see our Privacy Policy.

Information on the website

PS Adventures takes all reasonable measures to ensure that the information on the website is accurate.  Should errors be present we will not be held liable for any loss or expense relating to a transaction based on such an error.

Bookings and Payments:

Full payment secures any activity booking.  Payment can be made by debit or credit card via the website (Visa or MasterCard).  Electronic funds transfer is available on request. Your booking will be confirmed by email.

Card acquiring and security

Card transactions will be acquired for PS Adventures (Pty) Ltd. via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by PS Adventures (Pty) Ltd. separately from card details which are entered by the client on DPO PayGate’s secure site.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

PS Adventures (Pty) Ltd. takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods/services.

Weather:

Certain outdoor activities may be weather dependent.  Should weather be unsuitable for the booked activity, at the discretion of PS Adventures, such booking can be cancelled and rescheduled with the client.

Use of vehicles/vessels:

A licensed skipper/driver/instructor will always be present at the booked activity.  The client is obliged to adhere to any instructions given and to adhere to any laws, rules and regulations.  The skipper/driver/instructor holds the right to terminate any activity based upon security and/or safety concerns.

1              The client needs to be a minimum age of 18 years to operate vehicles/vessels

2.            Children under the age of 18 need to be accompanied by a supervising adult/ parent who takes liability for the child.

3.            A kill switch will be worn at all times should the vehicle/vessel be fitted with one.

4.            All required safety equipment must be worn/used at all times.

5.            No participation in activities will be allowed while intoxicated or under the influence of any substances.

6.            The client will take proper care of any and all equipment/vehicle/vessel used in an activity.  The client will not take any action which puts PS Adventures’ assets at risk or jeopardizes PS Adventures’ insurance.

7.            Time slots are allocated to clients.  Should clients arrive late, their time slot will not be revised and such time will be lost and will not be refundable.

Damage & Accidents

Should any equipment/vehicle/vessel be involved in an accident or sustain any damage, the client will be held responsible for any payments and repairs. In case of such an event, the client will complete any administrative forms required by PS Adventures and will cooperate for any insurance purposes.

In the event of any damages made to any equipment/vehicle or vessel due to negligence on the part of the client, the client agrees to reimburse PS Adventures for the full cost of repairs and any third party claims made against PS Adventures.

Indemnity

I hereby acknowledge that I know, understand, appreciate and accept the risks attendant upon any activity and that such risk can involve death or injury, and in that knowledge I undertake on behalf of myself and my dependants to indemnity, hold harmless and absolve PS Adventures, Skipper Training SA, its owners and employees against any claim, of any nature whatsoever, including a claim for costs by myself, my executors, my spouse, child/children and/or relative(s) taken or being taken for any activity under my instruction or for any other reason in any vehicle/vessel owned by or operated under the direct control of PS Adventures and Skipper Training SA.

I acknowledge that I will be held liable for any damages or losses incurred, while partaking in the activity; whether intentional or not. I agree and acknowledge that I will be responsible for the costs of repairs or replacements. I agree to settle such costs on the same day, directly after the activity.

Coupons

PS Adventures may on occasion issue promotional coupons which can only be redeemed while they are valid.

Changes to these Terms and Conditions

PS Adventures may at its sole discretion change these Terms and Conditions at any time.  You are responsible to check these terms and conditions on a regular basis.  Should you not agree with the Terms and Conditions you should refrain from using the website.

Ownership and copyright

All content on the website, including trade names, trade-marks and other design elements are protected by law.  The entire contents of this website is the property of PS Adventures (Pty) Ltd.

Any use of the content is expressly prohibited unless consent is obtained from PS Adventures.    

Disclaimer

The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the website.

Limitation of liability

PS Adventures cannot be held liable for any inaccurate information published on the website unless such inaccurate information is the result of gross negligence or wilful misconduct.

PS Adventures and Skipper Training SA shall not be held liable for any loss or damage which might arise from the use of the website or the participation in any activity booked through this website.  You hereby indemnify PS Adventures and Skipper Training SA from any loss, claim or damage which might be suffered by you through the use of this website or the participation in a booked activity.

Governing law and jurisdiction

These Terms and Conditions and our relationship shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

PS Adventures hereby selects 2 Mimetus Close, Gansbaai, 7220, as its domicilium citandi et executandi under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Company contact details

Address: 2 Mimetus Close, Gansbaai, 7220

Telephone number: 082 825 7627

Email: info@psadventures.co.za

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