Adventure Sports Service Provider & Customer Terms & Conditions (2019)
Code of Good Practices
Our mission is to empower consumers in finding and commissioning professional Service Providers with convenience and security. To deliver this service intuitively, at the highest possible technical standard and economic price point.
Introduction to Terms & Conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by registering as a Service Provider or completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online booking service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by Burgman Holdings (Pty) Ltd, T/A Adventure Sports and are provided for your personal, commercial (B2B or B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Customer and Service Providers are governed by the terms and conditions which govern either of the commercial relationships we have with each Service Customer and each Service Provider as so much as each clause herein is applied. Each Service Provider acts in a professional manner vis-à-vis Adventure Sports when making its product and/or service available on or through Adventure Sports (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship). Service Customers should note that Service Providers may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery / shipping / carriage / usage) terms and conditions and house rules for the use, access and consummation of the Service (which may include certain disclaimers and limitations of liability).
- “Adventure Sports”, “us”, “we” or “our” means Burgman Holdings (Pty) Ltd, T/A Adventure Sports, a Limited Liability Company incorporated under the laws of South Africa, and having its registered address at in Johannesburg.
- “Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Adventure Sports.
- “Service” means the various different products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, booked, combined or consummated by you from Adventure Sports.
- “Service Provider” means the professional provider of services (e.g. Mountain Guide, Paraglider Instructor, Scuba Instructor, Training School), or related product or service as from time to time available for Service Booking on the Platform (whether B2B or B2C).
- “Service” means the online purchase, order, (facilitated) payment or booking service as offered or enabled by Adventure Sports in respect of various products and services as from time to time made available by Service Providers on the Platform.
- “Service Booking” means the order, purchase, payment, booking or booking of a Service.
- “Service Customer” means a consumer who uses the platforms to seek and book Services provided by a “Service Provider”.
- Scope and nature of our Service
- Through the Platform, we (Adventure Sports) and its affiliate (distribution) partners) provide an online platform through which Service Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, booking, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, booking, purchase or payment (i.e. the Service Customer). By using or utilising the Service (e.g. by making or accepting a Service Booking through the Platforms Service), you enter into a direct (legally binding) contractual relationship between the Service Customer making a booking and the Service Provider accepting a booking or purchase order for a product or service (as applicable). From the point at which a Service Provider accepts a Service Customers Service Booking, we act solely as an intermediary between Service Provider and the Service Customer, transmitting the relevant details of the Service Booking to the relevant party(‘s) and sending confirmation emails for and on behalf of each party(‘s) confirming booking details and agreements. Adventure Sports does not (re)sell, rent out, offer any product or service to Service Customers.
- When rendering our Service, the information that we disclose is based on the information provided to us by Service Providers. As such, the Service Providers that market and promote their Service on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Service Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available.
- Our Service is made available for the purpose intended. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
- Prices and Rates
- The prices as offered by the Service Providers on our Platform should be highly competitive. All prices for Services must be displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees unless stated differently on our Platform or the confirmation email/ticket. Applicable fees and taxes (including any city tax) may be charged by the Service Provider in the event of cancellation of a confirmed Service.
- Rates made available by Service Providers that carry special restrictions and conditions, for example, non-cancelable and non-refundable must be clearly indicated. Please check your relevant product, service and booking conditions and details thoroughly for any such conditions prior to advertising your Service and making it available.
- Any currency converter is for information purposes only and should not be relied upon as accurate and real-time; actual rates may vary.
- Obvious errors and mistakes (including misprints) are not binding.
- All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.
- Free of charge to Service Providers, only Service Customers pay.
- Unless indicated otherwise, the Service Customer will pay a total of the advertised amount as indicated for the Service by the Service Provider for the Service. (plus – insofar not included in the price – relevant applicable taxes, levies, and fees (if applicable)) We will not charge Service Providers for access to our platform and the use of any basic Service (other than any optional services for a charge that may be offered from time-to-time).
- Adventure Sports deducts a Service Free from the Service Providers Service price (being a small percentage of the Service price at the time the service is booked on the Adventure Sports platform). The balance of the Service price, as set by the Service Provider, is paid directly by the Service Customer to the Service Provider at the time the Service Provider has consummated the service or product.
- Service Providers can improve their ranking (Premier Provider). The use of the Premier Provider Upgrade (by paying a fixed fee in return for a better position in the ranking) is at each Service Provider’s discretion and may be used from time-to-time and product-to-product offered.
- Only Service Providers with a commercial relationship with Adventure Sports (through an agreement) will be made available on adventuresports.co.za platform (for their B2B and/or B2C promotion of their product). Adventure Sports is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); Adventure Sports does not allow non-professional parties to offer or sell their products on or through an adventuresports.co.za platform.
- Credit card or bank transfer
- In the ordinary course of business, Adventure Sports does not facilitate payment for products and services on behalf of a Service Provider. Adventure Sports (through third-party payment processors) processes payment for the Service Fee portion of the relevant product or service only and not on behalf of Service Provider (i.e. no payment facilitation service). Payment for the Service Fee is safely processed from Service Customer’s credit/debit card or bank account to the bank account of Adventure Sports through a secure third-party payment processor. Adventure Sports does not save or hold any Service Customer credit/debit card details. In any instance where a payment facilitated by us for and on behalf of, and transferred to Service Provider, will in each case constitute a payment of (part of) the booking price of the relevant product or service in final settlement of such (partial) due and payable price.
- For certain (non-refundable) rates or special offers, a Service Providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore a Service Customers credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Service Booking. A Service Customer must check the (booking) details for the product or service of choice thoroughly for any such conditions prior to making a Service Booking. Adventure Sports will not be held liable or responsible for any (authorised, (allegedly) unauthorised or wrong) charge by the Service Provider and not (re)claim any amount for any valid or authorised charge by the Service Provider (including for pre-paid rates and chargeable cancellation) of a credit card.
- In the event of credit card fraud or unauthorised use of a Service Customers credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that a credit card company or bank charges the deductible because of unauthorised transactions resulting from a booking made on our Platform, we will pay this deductible to the Service Customer, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify a Service Customer, the Service Customer must ensure that they report this fraud to the credit card provider (in accordance with it’s reporting rules and procedures) and contact us immediately by email (email@example.com). Please state ‘credit card fraud’ in the subject line of the email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card bookings made using Adventure Sports’ secure payment provider and the unauthorised use of a credit card resulted through our default or negligence and through no fault of the Service Customer while using our secure payment provider.
- Pre-payment, cancellation and fine print
- By making a Service Booking with a Service Provider, Service Customer accept and agree to the relevant cancellation policy of that Service Provider, and to any additional (delivery) terms and conditions of the Service Provider that may apply to a Service (including the fine print of the Service Provider made available on our Platform), including for services rendered and/or products offered by the Service Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Service Provider can be obtained from the relevant Service Provider. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Service Provider in the event of a cancellation. Please check the (booking) details of your product or service of choice thoroughly for any such conditions prior to making a booking. Please note that a Service Booking which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Service Provider and the booking. Cancellation and prepayment policies may vary per segment, product or service of each Service. Please carefully read the fine print (below the Service types or at the bottom of each Service Provider page on our Platform) and important information in your booking confirmation for additional policies as may be applied by the Service Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for long term bookings, extra participants, cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for the Service Customers own risk and account and shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Service Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
- If a Service Customer wishes to review, adjust or cancel a Service Booking, they should do so directly with the Service Provider or as allowed to some degree on the platform. Please note that you may be charged for cancellation in accordance with the Service Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment of the service provider carefully prior to making a booking and remember to make further payments on time as may be required for the relevant booking.
- If you have to delay or change a booking, make sure to (timely/promptly) communicate this with the Service Provider so they know when to expect you to avoid cancellation of your Service Booking. Our customer service department can help you if needed with informing the Service Provider. Adventure Sports does not accept any liability or responsibility for the consequences of your delayed service or any cancellation by the Service Provider.
- Correspondence and communication
- By completing a Service Booking, a Service Customer agrees to receive (i) an email which we may send you shortly prior to your Service Booking date, giving you information on your service and provide you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to your Service (Booking) and destination, (ii) an email after the Service completion to rate your experience with your Service Provider and the Service, and (iii) an email which we may send to you promptly after your Service inviting you to complete our customer review form.
- Adventure Sports disclaims any liability or responsibility for any communication by or with the Service Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Service Provider or (any form of) acknowledgment of receipt of any communication or request. Adventure Sports cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Service Provider.
- In order to duly complete and secure your Service Booking, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
- Any claim or complaint against Adventure Sports or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. adventure service date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit it’s right to any (damage or cost) compensation.
- Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a booking to support your position (if needed).
- Ranking, preferred program, stars, and guest reviews
- The default setting of the ranking of Service Providers on our Platform is ‘Adventure Sports Recommends’ (or any similar wording); this is the Default Ranking. Please note that the Default Ranking is created through a complex ever-changing and evolving system (algorithm) that considers a multitude of criteria in order to match searchers and accommodations in an optimal way. The actual ranking will be different for each customer and for each search as there are many criteria included, for example the popularity of a Service Provider among our visitors (e.g. guest reviews), customer service history (including the number and type of guest complaints), certain booking-related data (e.g. number of bookings, cancellations, conversion rate, overbookings, availability, etc.) and the (past) browsing activities of a visitor. Please note that for convenience we also offer other ways to rank Service Providers. A customer can choose to rank for example a Provider on the basis of lowest price first, review scores, service options (etc.). A customer thus has full control over the presentation of the search results.
- In certain cities and regions, Adventure Sports operates a preferred partnership program, allowing certain Service Providers that meet and maintain the preferred provider program terms to be listed ahead of the rest of the Service Providers in the default “Recommended” ranking for the relevant city/region. The preferred Service Providers are listed in the Preferred Provider section and in return for this high ranking, the preferred Service Provider pays a higher commission or fixed rate. Only Service Providers that meet and maintain certain qualification criteria can be listed as preferred.
- Service Provider’s star rating displayed on Adventure Sports is not determined by Adventure Sports.
- Only customers who have booked a service threw an adventuresports.co.za platform will be invited by Adventure Sports to comment on their experience with the relevant Service Provider and to provide a score for certain aspects of their service. The completed review (including submitted rating) may be (a) uploaded onto the relevant Service Provider’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Service Provider, and (b) (wholly or partly) used and placed by Adventure Sports at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Adventure Sports and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (28 days) after a service event and each review will only be available for a limited period of time (24 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of a customer who regularly submits comprehensive and detailed reviews may be ranked on top. Adventure Sports does allow the Service Provider to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. Adventure Sports does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. Adventure Sports undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
- Adventure Sports will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails and addresses, phone numbers, cc details
- Politically sensitive comments
- Adventure Sports and the Service Provider are each entitled to terminate their relationship for whatever reason (including in the event of a breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.
- Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the Service Booking confirmation email (whether for one event or series of connected events).
- However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Service Provider as made available on our Platform, (iii) the services rendered or the products offered by the Service Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
- Adventure Sports is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Service and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Service Provider is solely responsible and assumes all responsibility and liability in respect of the Service (including any warranties and representations made by the Service Provider). Adventure Sports is not a (re)seller of the Service. Complaints or claims in respect of the Service (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Service Provider. Adventure Sports is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
- Whether or not the Service Provider has charged you for your Service, or if we are facilitating the payment of the (Service) price or fee, you agree and acknowledge that the Service Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Service) price or fee to the relevant tax authorities. Adventure Sports is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Service) price or fee to the relevant tax authorities. Adventure Sports does not act as the merchant of record for any product or service made available on the Platform.
- By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Adventure Sports may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Adventure Sports at its discretion sees fit. You are granting Adventure Sports a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Adventure Sports at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Service Providers) due to Adventure Sports publishing and using these photos/images. Adventure Sports does not own or endorse the photos/images that are uploaded. The truthfulness, validity, and right to use all photos/images is assumed by the person who uploaded the photo and is not the responsibility of Adventure Sports. Adventure Sports disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Adventure Sports at any time and without prior notice.
- Intellectual property rights
- Unless stated otherwise, the software required for our services or available at or used by our Platforms and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platforms are owned by Burgman Holdings (Pty) Ltd, its Service Providers or providers.
- Adventure Sports exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platforms on which the service is made available (including the reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Adventure Sports. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
- Applicable law, jurisdiction, and dispute resolution
- These terms and conditions and the provision of our services shall be governed by and construed in accordance with South African law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside his trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where he has his habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Johannesburg, South Africa. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of the enforcement of relevant applicable Mandatory Law in the courts of the country in which he is domiciled, and proceedings against a consumer may be brought only in the courts of the country in which he is domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
- The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform or shall be sent to you upon your written request.
- If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and condition.