Terms and Conditions

Welcome to www.stfrancisbayadventures.co.za!

These terms and conditions outline the rules and regulations for the use of St Francis Bay Adventures’s Website, located at https://www.stfrancisbayadventures.co.za.

By accessing this website we assume you accept these terms and conditions. Do not continue to use www.stfrancisbayadventures.co.za if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing www.stfrancisbayadventures.co.za, you agreed to use cookies in agreement with the St Francis Bay Adventures’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, St Francis Bay Adventures and/or its licensors own the intellectual property rights for all material on www.stfrancisbayadventures.co.za. All intellectual property rights are reserved. You may access this from www.stfrancisbayadventures.co.za for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from www.stfrancisbayadventures.co.za
• Sell, rent or sub-license material from www.stfrancisbayadventures.co.za
• Reproduce, duplicate or copy material from www.stfrancisbayadventures.co.za
• Redistribute content from www.stfrancisbayadventures.co.za

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. St Francis Bay Adventures does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of St Francis Bay Adventures,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, St Francis Bay Adventures shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

St Francis Bay Adventures reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant St Francis Bay Adventures a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of St Francis Bay Adventures; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to St Francis Bay Adventures. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of St Francis Bay Adventures’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Booking Terms And Conditions:

The following terms and conditions are applicable to all activities booked and operated through and by St Francis Bay Adventures.

All activities are joined entirely at your own risk. “Activities” include, (and are not limited to): Canal Cruises, Ocean Cruises, River Cruises and Guided Walks. St Francis bay Adventures, their employees, agents and representatives will not be held liable for any loss, damage, theft or injury sustained while taking part in an activity offered by St Francis Bay Adventures. All children under 12 must be accompanied by a guardian.

Bookings

• Full payment is required in order to confirm a booking.
• Online payments are confirmed immediately.
• Electronic Transfers and Direct Deposits: Proof of payment must be emailed to payments@stfancisbayadventures.com
• Bookings are only valid for the dates and times confirmed by St Francis Bay Adventures
• If you are late we can’t wait.
• If you miss an activity departure due to lateness: At our discretion, you may be put on standby for a later departure and will be further subject to availability.

Refund Policy

• Cancellations 14 days prior to booking date – 100% Refund.
• Cancellations 7 days prior to booking date – 50% Refund.
• Cancellations less than 7 days prior to booking date – NO REFUND.
• If a booking is cancelled due to unsafe weather conditions or unforeseen reasons, we will, at our discretion, refund you in full. Cold, rain, heat, and wind are all unforeseen and do not entitle you to a refund.
• There will be no refund for non-arrivals or late arrivals.

POPI Privacy Policy Statement

Respecting and protecting your Personal Information (please refer to the definition of Personal Information at the end of this policy statement) is very important to St Francis Bay Adventures.

In line with the 8 Conditions in the Protection of Personal Information Act, 4 of 3013 (the Act), We
• Accept joint responsibility and accountability with you to responsibly manage and protect your Personal Information when providing our services and solutions to you;
• Undertake to receive, only from you, and process the Personal Information that is necessary for the purpose to assist you with your required solutions, conclude the necessarily related agreements and consider the legitimate legal interests of everyone concerned, as required by the Act and to respect your right to withdraw your consent for the processing of your Personal Information;
• Undertake to only use your Personal Information for the purpose required to assist you or provide solutions to you and not process your Personal Information with anyone if not required for assisting you with your solutions or by the law;
• Undertake to be open and transparent and notify you as and when required by law regarding why and how your Personal Information needs to be collected;
• Undertake to safeguard and protect your Personal Information that is in our possession;
• Undertake to freely confirm what Personal Information we have, to update and correct the Personal Information, and to keep it for no longer than legally required.

St Francis Bay Adventures or the companies who provide or assist with the solutions that is required by you, need to collect, use, and keep your Personal Information as prescribed by relevant laws and regulations and for reasons such as:

• To share with and provide relevant products or services to you, and to maintain our relationship.
• To respond to your queries.
• To confirm and verify your identity or to verify that you are an authorised user for security purposes.
• To conduct credit reference searches or verification, as required by operations.
• For operational purposes.
• For audit and record-keeping purposes.
• In connection with possible requirements by the Information Regulator or other Government agencies allowed by law, legal proceedings, or court rulings.

Any additional information or concerns can be found and raised with the Information Regulator, who can be contacted as shared below, but please feel free to contact Mr Gregory Wilton (Information Officer), first to discuss any questions or concerns you may have, failing which, you are welcome to make contact with the Information Regulator directly:

Website: https://www.justice.gov.za/inforeg/
Tel: 012 406 4818
Email: inforeg@justice.gov.za