Who you are contracting with:
- www.flycapetown.co.za (the “Website”) is owned and operated by Fly Cape Town Paragliding (Pty) Ltd, registration number: 2013/207410/07 (hereinafter referred to as “Fly Cape Town”).
- Visitors to the Website (“Users” or “you”), including those Users who purchase any products on the Website (“Purchasers”) are bound by these terms and conditions (“T&C”). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
- Part 1: Purchases from Fly Cape Town – terms and conditions applying to purchases from Fly Cape Town
- Part 2: General – terms and conditions applying to your use of the Website and any purchases made by you on the Website.
Agreements of Sale
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, Fly Cape Town may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Fly Cape Town liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when: (a) you electronically submit a properly completed order for one or more products or services in your shopping basket; and (b) payment is either authorised, or received by Fly Cape Town in its bank account.
Termination of Sales & Cancellation of Orders:
- By Fly Cape Town: Fly Cape Town reserves the right, for purposes of preventing suspected fraud to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Fly Cape Town, in whole or in part, on notice to you. Fly Cape Town shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such refusal to process any order/sale.
- By You: Save for certain exceptions and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 30 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).
Amounts payable by You
- Prices: The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
- Delivery Charges: Delivery charges differ depending on a variety of factors, including whether delivery is to be made within, or outside, the borders of South Africa. No delivery charges will apply for electronically delivered vouchers.
- Errors: Fly Cape Town shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Fly Cape Town will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to any exceptions expressly mentioned below, your payment for any products ordered from Fly Cape Town must be made to us in any one of the following ways:
1. Credit card payments:
- At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. Fly Cape Town may carry out certain fraud checks with the cardholder or the cardholder’s bank, should Fly Cape Town be unable to verify the validity of the transaction the order will be cancelled.
2. Bank deposits & Electronic Funds Transfer:
If you select to pay via this method, instructions will be given on how to deposit monies into Fly Cape Town’s bank account and it would be subject to the following rules:
- the exact amount must be paid;
- the payment must be identified by supplying the surname in the reference section of the deposit slip or on the electronic transfer;
- no transfers may be made from ATM’s;
- cheque deposits are subject to a clearing period;
- no bank deposits are accepted from outside the borders of South Africa; and
- your order will be cancelled if the amount due is not paid within 5 business days.
Delivery charges are calculated automatically based on the delivery destination, total value, weight and dimensions of all products included in an order, when the order is created.
Delivery of electronic vouchers will carry no charge.
Local delivery (within South Africa)
Local delivery may be made in the following ways:
- Door-to-door: You can have your parcel delivered by courier between 8am and 5pm, Monday to Friday.
- South African Post Office:
- Delivery periods are only regarded as having commenced upon payment confirmation being received by Fly Cape Town. If paying with a specific credit card for the first time on the Website, or if Fly Cape Town regards the transaction to be large and/or unusual, Fly Cape Town may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
- Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for example, if you order something over the weekend, the delivery period will only start running on the next business day.
- Fly Cape Town makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser
Vouchers & Coupons
Fly Cape Town may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time. Vouchers and Coupons can only be redeemed while they are valid (their expiry dates being unable to be extended), and on the Website towards the purchase of Fly Cape Town products.
Physical Vouchers can be purchased and will be delivered in the same way that Fly Cape Town products are, either on their own or together with other products. However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.
- Vouchers cannot be used to purchase other Vouchers or Coupons;
- Vouchers cannot be exchanged for cash
- Vouchers cannot be transferred or assigned to any other person once already partially redeemed towards a purchase.
- Vouchers cannot be exchanged for cash
- You agree that these terms and conditions apply to you and, any subsequent voucher holder, by gift or otherwise.
- We may verify your identity and may decline to issue a voucher if you cannot give us satisfactory proof of your identity. (i.e. ID document)
- Only the person whose name is on the voucher is authorised to use it.
- Fly Cape Town remains the owner of the voucher.
- The voucher will be declined if terms and conditions are breached.
- The voucher has an expiry date which is printed on the front of the voucher.
- The voucher may only be used in South Africa.
- The voucher may be used for services at Fly Cape Town Paragliding only.
- You acknowledge that Paragliding is weather dependant and that it is your responsibility to make a booking.
- The voucher can only be extended if your booking was cancelled due to unforeseen weather conditions.
- The voucher will expire if you do not make a booking.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Fly Cape Town products listed on the Website.
PART 2: GENERAL
Note: that this Part 2 applies to all purchases made on the Website
Save for Fly Cape Town being liable to you –
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Fly Cape Town to you via the Website; and – See more at: https://flycapetown.co.za/terms-and-conditions.php#sthash.z179F0II.dpuf
- under sections 43(5) and 43(6) of the ECT Act in relation to Fly Cape Town’s payment systems not being sufficiently secure, – See more at: https://flycapetown.co.za/terms-and-conditions.php#sthash.z179F0II.dpuf
Neither Fly Cape Town nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Fly Cape Town makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Fly Cape Town and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Fly Cape Town submit to the non-exclusive jurisdiction of the South African courts.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Kalahari suffers any damage or loss.
All credit card transactions are Secure Socket Layers encrypted.
Changes to Agreement
Fly Cape Town may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Between you and Fly Cape Town: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Fly Cape Town on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department Fly Cape Town, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
The expedited arbitration rules may be downloaded from here
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Fly Cape Town from time to time (as described above), for so long as the Website exists and is operational, Fly Cape Town being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Kalahari).
Copyright & Other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in Fly Cape Town and all rights not expressly granted are reserved. You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website e-mail or phone us on +27 (0) 82 851 7119+27 (0) 82 851 7119 for assistance.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Fly Cape Tonw and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Fly Cape Town, you consent to receiving communications from Fly Cape Town electronically and agree that all agreements, notices, disclosures and other communications sent by Fly Cape Town satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-Fly Cape Town sites are provided as is and Fly Cape Town does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Fly Cape Town.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Fly Cape Town’s information is as follows:
- Full name: Fly Cape Town Paragliding (Pty) Ltd, registration number: 2013/207410/07
- Main business: Paragliding
- Phone number: +27 (0)82 851 7119
- Physical address for receipt of legal service (also postal and street address): 206 Villa Rozalle, 96 New Church street, Tamboersklof Cape Town, 8001, Republic of South Africa
- Website: flycapetown.co.za
- Official email address: info[@]flycapetown.co.za
- PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za, which should be read in conjunction with the above information.
- Code of Conduct: not applicable