Mother City SkyDiving Club / Soul Flyers (Pty) Ltd
• Terms & Conditions / Warning
• Disclaimer, Indemnity & Limitation of Liability
• Cancellation Policy
• General
Terms & Conditions / Warning
Mother City SkyDiving is a Members-Only Recreational Sports SkyDiving Club approved by and affiliated to the Parachute Association of South Africa (PASA) – CAA / ARO 0004.
Skydiving and Parachuting operations are conducted in accordance with the PASA Manual of Procedures (MOPs) and part 105 of the South African Civil Aviation Authority (CAA) Regulation, and as per these terms and conditions laid down by Mother City SkyDiving.
Skydiving and parachuting are considered extreme sports and high-risk activities.
Being on a drop zone, on an airfield, around aircraft, flying generally, participating in skydiving and parachuting and all related elements of these activities exposes you to some new risks, which, like a lot of things, may cause or result in serious injury or death.
You must participate voluntarily, and accept the risks in exchange for the enjoyment the activity offers.
The risks involved will be discussed with and explained to you before your participation and you are welcome to ask any questions.
Participation, and even spectating are entirely at your own risk.
You will be required to read, understand, complete and sign (and you will be deemed to have done so) a legally binding Exclusion of Liability, Indemnity, Waiver and Release Form, Voluntary Assumption of Risk Agreement, and Medical Questionnaire and Declaration, and must assume personal responsibility for yourself, and for decisions regarding your safety.
Existing medical conditions, disabilities injuries or medication (prescribed or non-prescribed) which could affect your safety and those of others should be discussed in advance with your doctor. The outcome of that discussion is for your own interpretation – we accept that you are medically fit when you arrive to jump and non-disclosure of any material existing medical conditions, disabilities, injuries or medication (prescribed or non-prescribed) will be deemed to be a gross misrepresentation and breach of contract.
Jump times, exit altitudes and freefall times are approximate and dependent on a number of factors and variables – jump times, exit altitudes and freefall times are not guaranteed.
Mother City SkyDiving reserves the right to deny participation to any individual, for any reason, in our sole and unfettered discretion.
Anyone who is, or appears to be, under the influence of alcohol or drugs (medicinal or otherwise) will be refused permission to skydive.
Please respect, comply with and obey the rules and regulations of the club and pay particular attention to briefings and instruction provided.
Management reserves the right to amend / cancel / add terms & conditions without notice.
We suggest that before your participation you visit our website (www.MotherCitySkyDiving.co.za) and familiarise yourself with the latest version of these terms and conditions
All terms & conditions are subject to South African Law & Jurisdiction.
Disclaimer, indemnity & Limitation of Liability
Mother City SkyDiving Club, Soul Flyers (Pty) Ltd 2014/244940/07, FullHouse Aviation cc 2007/246074/23, AG Sprayers (Pty) Ltd 1939/012274/07 (all members, all directors and all employees thereof) shall not be responsible or liable for any accident any losses or damage suffered by me; including any financial loss and/or destruction and/or loss of property, illness injury, harm, trauma or death, pain and suffering as a result of injuries (including any medical assistance or treatment); arising from my decision to take part in any skydiving and parachuting or any related aviation activity in any aircraft, in freefall, under parachute, on the ground, in the air, or in any building or structure related to the activities which Mother City SkyDiving / Soul Flyers Pty Ltd operates from, in, at or under, from time to time either as repeat activities or a once off activity and the participant is deemed to have indemnified the parties stated above accordingly. The parties stated above shall furthermore not be liable for any consequential or indirect loss or damages whatsoever, unless section 61 of the Consumer Protection Act, Act 68 lf 2008 applies.
Cancellation Policy
We will make every effort to contact you a day or two ahead of time to advise of the anticipated atmospheric conditions, to confirm jump times, and pick-up times and places.
Please understand that there are a number of elements that all need to align to make every skydive happen.
Please try to be flexible, patient and relaxed whilst we do everything we can to make your skydive happen.
Should it not be possible to move your booking to a mutually acceptable time and date, a refund (less any expenses incurred) will be made.
If however you fail to arrive on time or decide to cancel at the last minute, you may well forfeit your booking deposit – please note that by ‘on time’ we mean 30 minutes before your activity, and by ‘last minute’ we mean 6 hours before your activity. Refunds (whether in whole or part) will not be considered for any other reason.
General
Video & Photos
Links to view, download and share your video and photos will be emailed to the email address you provide after your skydive.
Due to the extreme nature of skydiving, the high-speed air, the rapidly changing atmospheric conditions and occasional inexplicable idiosyncrasies experienced with digital equipment, memory cards, storage devices, digital files and computers generally, photography and videography (results and delivery thereof) can in no way be guaranteed.
Power cuts, internet connectivity and bandwidth limitations sometimes have an effect on our ability to delivery your video and photos timeously – please be patient.
In the event that no video and / or photos can be provided, we may provide a refund on part of the amount charged for the photos and / or video only.
Payment & Payment Terms
You will be advised of the cost and full payment must be made once the skydiving is complete.
Prices
These are as they appear on our website and may be changed form time to time – it is your duty to familiarise yourself with our price structure beforehand.
Restrictions
Minimum age is 12 years old (with signed parental consent)
Minimum height is 1,2 m
Minimum weight is 35 kg
Maximum weight is 100 kgs (heavier persons may be considered)
There is no maximum age
Medical conditions, disabilities or injuries which could affect your safety should be discussed in advance with your doctor. The outcome of that discussion is for your own interpretation – we accept that you are medically fit when you arrive to jump.
We reserve the right to refuse anyone at our discretion for any safety considerations.
Anyone who is, or appears to be, under the influence of any drugs or alcohol will be turned away.
Domicilium
The parties choose as their respective domicilia the addresses specified on the Membership Application.
Law & Jurisdiction
South African law and the jurisdiction of South African courts will govern the relationship between the parties.
Any of Mother City SkyDiving Club, Soul Flyers (Pty) Ltd 2014/244940/07, FullHouse Aviation cc 2007/246074/23, AG Sprayers (Pty) Ltd 1939/012274/07 (all members, all directors and all employees thereof) shall be entitled to institute any legal proceedings arising out of or in connection with these terms and conditions in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Legal Fees
You will be liable for all legal fees on an attorney and own client scale in the event that the any of Mother City SkyDiving Club, Soul Flyers (Pty) Ltd 2014/244940/07, FullHouse Aviation cc 2007/246074/23, AG Sprayers (Pty) Ltd 1939/012274/07 (all members, all directors and all employees thereof) have to engage a lawyer to enforce or defend any of its rights or otherwise.
Entire Contract
These terms and conditions, the Parachute Association of South Africa (PASA) Manual of Procedures (MOPs) and part 105 of the South African Civil Aviation Authority (CAA) Regulation, the Membership Application Form, Medical Questionnaire, Declaration, Indemnity, Waiver and Release Form and Voluntary Assumption of Risk Agreement collectively comprise the entire terms of the relationship between the parties.
There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and you acknowledge that you have not relied on any matter or thing stated on behalf of any of Mother City SkyDiving Club, Soul Flyers (Pty) Ltd 2014/244940/07, FullHouse Aviation cc 2007/246074/23, AG Sprayers (Pty) Ltd 1939/012274/07 (all members, all directors and all employees thereof) or otherwise that is not included herein.
No change or deletion will be of any force or affect unless signed by a duly authorised representative of each party.
Force Majeure
Mother City SkyDiving Club, Soul Flyers (Pty) Ltd 2014/244940/07, FullHouse Aviation cc 2007/246074/23, AG Sprayers (Pty) Ltd 1939/012274/07 shall have the right to cancel any activity should its fulfillment be rendered impossible, impeded or other duly constituted authorities or any other cause beyond the control of Mother City SkyDiving Club, Soul Flyers (Pty) Ltd 2014/244940/07, FullHouse Aviation cc 2007/246074/23, AG Sprayers (Pty) Ltd 1939/012274/07.
Dispute Resolution
Any and all dispute arising out of or in connection with these terms and conditions and any of the activities in terms thereof including any question regarding the existence and validity of these terms and conditions or cancellation, suspension or termination of any activities, shall be dealt with as follows:
Firstly the parties will meet within 5 (five working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failure to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Cape Town within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
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.