1. AVAILABILITYAND RESERVATIONS
1.1 Agreements are made subject to the availability of the tour, safari or activity of the type and specifications requested, on the date required, at the time of acceptance hereof. It is, therefore, in the interest of the Client, to confirm the acceptance with the least possible delay.
1.2 Quotations are always in South African Rand and are valid for up to 15 days.
1.3 Prices based on the services of outside contractors may vary. Any increase in charges will be passed on to the Client at the sole discretion of Activity Awaits.
1.4 Acceptance of a quotation will be regarded as an acceptance of Activity Awaits Terms and Conditions, having been read and understood.
1.5 No booking is confirmed until the Client received written confirmation from Activity Awaits.
1.6 Confirmation of services will only be processed and confirmed by Activity Awaits upon the receipt of an official order, voucher, confirmation e-mail and payment for the requested service by the Client.
1.7 Verbal quotes are an estimation, to be used as a guideline only. Activity Awaits will not be bound by any verbal quotation provided.
2. CANCELLATION POLICY
This agreement cannot be cancelled, except by agreement between Activity Awaits and the Client. The Client accepts that these cancellation terms are reasonable and fair. Activity Awaits shall be at liberty in its discretion, to charge the hiring charge of a cancellation fee or any percentage thereof at:
10% of the tariff – on all cancellations as an administration fee;
20% of the tariff – within two weeks prior to the departure date;
50% of the tariff – within one week prior to the departure date;
100% of the tariff – within 48 hours or less prior to the departure date
Scheduled day tours must be cancelled at least 48 hours prior to departure to avoid cancellation fees. If Activity Awaits has already paid third party suppliers, this amount will not be refunded.
3. COMPLIANCE WITH LAW AND INSTRUCTIONS GIVEN BY THE DRIVER/GUIDE
3.1 The Client undertakes to observe any regulations of the Motor Carrier Transportation Act, Tourism Act and Labour Act (Wage Determination Act 452) of the Republic of South Africa, as amended from time to time, or of similar and appropriate laws of any other country or countries in which the vehicle may travel during the period of hire.
3.2 The Client undertakes to ensure that the passengers will obey any lawful instruction issued by the driver/guide of the vehicle, particularly where it relates to the safety of passengers and the vehicle/s concerned. The Client further undertakes to ensure that the driver/guide, approved by Activity Awaits, shall drive the vehicle at all times and that no passenger shall drive or attempt to drive the vehicles, obstruct or impair the driver/guide of any authorised person in the course of his/her duty.
4. VEHICLE RULES AND REGULATIONS
Adriver/guide shall at all times be responsible for adherence to the following rules and regulations, and the Client shall ensure that the rules and regulations are strictly adhered to. These rules and regulations are specified for every passenger traveling on a vehicle, so as to ensure their safety and comfort: Smoking is strictly prohibited on all vehicles. The Client will not permit the carrying of more passengers than the authorised number of seats in the vehicle, and will not allow any passengers to sit anywhere in- or on the vehicle, except in the passenger seats provided. Passengers are required by South African law to wear the safety belts. They must always remain seated when the vehicle is in motion. No unauthorised passengers are allowed on the vehicle during the tour. Passengers are not to leave any personal belongings in the vehicle.
5. PASSENGER LUGGAGE AND PERSONALEFFECTS
Baggage and personal belongings are carried entirely at owner’s risk. Activity Awaits shall not be liable for any loss or damage arising from delay, sickness, injury, and death to any passenger, or of their luggage or personal belongings, in any manner, whatsoever. Under no circumstances may passengers carry with them on the coach or trailer attached thereto, weapons, explosives or items which are, in the sole opinion of Activity Awaits, its employees or officials, dangerous or hazardous, or of such nature as is likely to cause offence or injury to other passengers or damage to their property.
6. PAYMENT
All payments for services rendered by Activity Awaits must be paid in full by the Client 30 days prior to the commencement of the services which have been booked and confirmed. Surcharge payment must be paid on the day of changes, and prior to the departure of group.
7. RIGHT TO DECLINE
Activity Awaits reserves the right to decline, to execute or to complete any contract, should the Client fail to strictly adhere to- and comply with all the above conditions. Such rights, when exercised by Activity Awaits, shall be without prejudice to its rights to claim damages or other specific relief from the Client.
8. CHILDREN, AND AGE OR TOUR RESTRICTIONS
All children must be accompanied by at least one adult. Certain tours have age restrictions. Please check, when booking a tour, whether your children are permitted on that tour. We cannot guarantee the availability of third party operators. Activity Awaits reserves the right to terminate tour services if children are not behaving properly or causing disturbance. Children under 8 years are only permitted on game drives on a private tour, and on certain tours, at the discretion of Activity Awaits and third party service providers. Certain tours operate with a minimum number of people. Please note that we cannot guarantee any specific animal sightings or interaction with animals, as these animals are all in their natural habitat and wild. This also applies to any tour where we advertise interaction with animals in conservation projects. We reserve the right to utilise the services of an alternative service provider. Pick up and drop off for all tours are free from certain central areas. Please check when booking tours if your pick up and drop off point are free of charge.
9. TIME KEEPING AND TOUR AMENDMENTS
9.1 Activity Awaits will make every reasonable effort to conform to the proposed timetable. It does not undertake to commence or to complete the journey at any specified time, and shall not be liable in any manner whatsoever, for any total or partial failure to perform the contract by reason of any mechanical or other defects, breakdown, accident or any other cause, including any strike or lockout, fire or act of God, or for any claims, damages and expenses arising from defects or failure as aforesaid, or any delays in starting, transit, arrival or return of any vehicle.
9.2 The Client will secure a detailed itinerary, highlighting all departure and arrival times on route, as well as all venues, to ensure good time management. Sufficient time must be made available for coordination with other modes of transport at destinations and venues.
9.3 The Client indemnifies Activity Awaits from any claim which may arise from stopping at venues and altering the departure times not agreed upon, prior to- or during the journey, as per the official itinerary.
9.4 Should the fulfilment of any journey be rendered impossible, illegal, or in the opinion of Activity Awaits inadvisable for any reasonable cause, Activity Awaits may at any time cancel such journey, or the remainder thereof; or make an alteration to the route, accommodation, price or other details thereof, that Activity Awaits may think fit, in its sole and absolute discretion.
9.5 If the Client fails to inform Activity Awaits of any change to their itinerary that incurs extra expenses, the Client will be held responsible for all costs in relation thereto.
10. INDEMNITY
10.1 Activity Awaits is hereby exempted from, and shall not be liable for, any loss or any damage, direct or indirect, consequential or otherwise, caused to and/or suffered by the Client or any other party due to and/or arising from: any defect in the Vehicle and/or arising from the use by the Client of the Vehicle and/or any luggage and/or property stolen from the Vehicle and damaged while in the Vehicle or left in the Vehicle at any time
11. GOVERNING LAW
These conditions, and the relationship between Activity Awaits and the Client, are governed by the Laws of the Republic of South Africa and the Client consents to the exclusive jurisdiction of the South African Courts. Activity Awaits shall be entitled at its sole discretion, to institute any legal proceedings arising out of- or in connection with these conditions, in any Magistrates Court having jurisdiction.
12. CODE OF PRACTICE
Registered drivers, guides and vehicles Activity Awaits will comply with all national- and regional provisions and regulations relating to the provision of the Transportation Board.
Activity Awaits will :
- use only registered guides, with valid PDP’s and correct driving codes
- use vehicles that are registered and with correct/valid transport permit documents.
13. DISPUTES
Activity Awaits would prefer to have the opportunity of improving the client’s experience, rather than satisfying any disappointments upon their return home. If clients are dissatisfied with any of the arrangements that Activity Awaits has made, they should contact the sales manager on contact details provided whilst they are in South Africa. Activity Awaits cannot accept any liability in respect of any complaint that is not reported to us in writing within 1 week from client’s experience.
Credit card transactions will be acquired for Activity Awaits via PayGenius (Pty) Ltd who are the approved payment gateway. As such, the transaction will reflect as PayGenius: Activity Awaits on your statement.
PayGenius uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
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 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.
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:
company name
contact details
VAT number
banking details
details related to your operating processes and offerings
details contained in your company registration documents
identity documents of your mandated officials
proof of address of your mandated officials
proof of banking details
We use this information to:
load you on our services and configure the system
set up and process payments via the payment gateway
communicate with you
provide training
process orders
provide your offerings to clients via activitar.com
provide support
send you statements, receipts, invoices or any other legal documents that relate to your transaction
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. |
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 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 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. |
We do not knowingly collect the personal information of children without the consent of a parent or guardian.
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:
store information
process payments
ensure you have access to the services you paid for
deliver our newsletter
help monitor the effectiveness of our promotions and advertising
help us manage our business, for instance accountants and professional advisors.
maintain our website
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).
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 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 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 know what kind of personal information we have about you, to correct it, and to opt out of marketing.
You have the right to
ask us what we know about you;
ask what information was sent to our suppliers, service providers, or any other third party;
ask us to update, correct, or delete any out-of-date or incorrect personal information we have about you;
unsubscribe from any direct marketing communications we may send you; and
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.
If you are in the European Union, you have these rights in terms of the GDPR:
The right to be informed about the collection and use of your personal information.
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.
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.
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.
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.
You have the right to reuse your personal information for your own purposes across different services, also known as the right to data portability.
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.
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.
You have the right to object to automated decision-making and profiling.
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.
© 2024 Tornado Tour Systems (Pty) Ltd ta Activitar.