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Privacy Policy

Wild Horizons Waterfront Adventures Privacy Policy

1. RIGHT OF ADMISSION
“Right of admission reserved and all passengers bear the sole risk of injury to their person or loss or damage to their property from whatsoever cause arising, and acknowledge that they waive and abandon any claim or claims which they may have against the owners, master or crew of the vessel arising from any cause whatsoever including the negligent action or omission of the owners master or crew of the vessel. "All passengers are required to be in possession of a valid boarding pass before boarding a vessel .No boarding pass = no access.

2. CONDITIONS OF PAYMENT (enquiry – provisional – confirmed – ticketed)
2.1 PRIVATE CHARTERS
1.When a client confirms a Private Charter and signs the terms and conditions an invoice is created and sent to the client .
2. A 50% deposit should be received within 7 days of receipt of the Private Charter Invoice.
3.Full payment should be received at least 7 days prior to the event
4.Private Charters must be booked for a minimum of 2 hours over the Sunset period .(between 17h00 and 21h00 depending on time of year)
5.Full payment is required before a Ticket or Boarding pass is issued . A Boarding pass is required for access to the vessel.
6. Payment not made within the agreed arrangement will be raised at 5% plus prime.

2.2 SCHEDULED CRUISES
1.Enquiries by email or telephone are entered onto our booking Tracker System and an email is generated
2.Clients may follow the link and pay online by credit card
3.Enquiries and provisional bookings are only confirmed when they have been paid . A Booking will only be ticketed on the Day of the cruise.
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3. CANCELLATION POLICY
3.1 PRIVATE CHARTERS ( Exclusive Use )
1.The Cancellation Fee will be 100% of the Private Charter Rate should the client cancel the charter within 48 hours ( 2 Days ) of the departure time .
2. The Cancellation Fee will be 50% of the Private Charter Rate should the client cancel the Charter within 30 days of the departure time.
3 .In the Case of Special Charters over Christmas Day, New Years Day, New Years Eve, Easter Weekend and Ocean Race Events, the Cancellation Fee will be 100% of the Private Charter Rate.
4. If a Private Charter is cancelled by us because the skipper deems it unsafe for the charter to take place, a full refund will be made on the Private Charter Rate; however any extras will be the client’s responsibility. (eg: catering and any other special arrangements made by the charterer or on behalf of the client).
5. Waterfront Adventures (Pty) Ltd will try to arrange an alternative as best it can, should the charter be cancelled for whatever reason by us and will not be held liable for any losses incurred by the person or company chartering the vessel. Any additional Extra costs in Chartering an alternative vessel will be for the clients account.

3.2 SCHEDULED CRUISES ( Individual tickets )
1.The Client will be liable for a 100% cancellation fee if the client does not arrive for a Booked cruise and does not inform the office .We Term a none arrival for a booked cruise as a "No Show "
2.There will be no cancellation Fee if the client calls the office 2 hours before the departure time and moves the booking to another day .
3. In The Case of Special Scheduled Cruises over Christmas Day , New Years Day , New Years Eve and Easter Weekend the Cancellation Fee will be 100% of the Scheduled Cruise Ticket Price .

4. CATERING AND BAR REQUIREMENTS
1. All catering is to be finalised at least 5 days prior to the event and this includes payment for any catering.
2. 1.All bar tabs are to be settled before disembarking the vessel at the end of the Charter (unless prior arrangements have been made).
2.2. All bar tabs that are settled after the event are subject to a 10 % gratuity.
3. No beverages are allowed to be brought aboard the vessel without prior arrangements.
4. If the charter is cancelled due to bad weather or any other reason, the client will be responsible for any catering arrangements made ( See Cancellation policy Above )
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5. GENERAL
1. Waterfront Adventures (Pty) Ltd cannot be held liable for any damage to or loss of personal goods.
2. Waterfront Adventures (Pty) Ltd reserves the right to charge for pilferage or damage to the vessel and/or its equipment and instrumentation
3. All passengers, once aboard the vessel, fall under the direct authority of the Skipper and vessel owners and undertake to comply with any requests and/or instructions issued to them by such persons.
4. Passengers undertake, at all times, to respect the environment and will not intentionally pollute, damage or otherwise harm sea life and the surrounding environment.
5. Should any damages be incurred to any and all property or equipment of the Waterfront Adventures, due to negligence or misconduct by Charterer , their guests, employees or promoters, the Charterer will be held fuly liable for replacement of such property or equipment
6. FORCE MAJEURE
1. The Operator will be free from liability for failing to provide a service due to industrial action, unsuitable weather conditions, technical problems or other events beyond the Operator’s reasonable control. Charters will go ahead regardless of weather conditions.

7.Payment options accepted
Payment may be made via Visa, MasterCard, credit cards for online bookings. Bank transfers or cash will only be accepted for direct bookings into the Waterfront Adventures (Pty) Ltd bank account, the details of which will be provided on request
Credit card acquiring and security
Credit card transactions will be acquired for Waterfront Adventures (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gatewa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Waterfront Adventures (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Activitar Privacy Notice

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 +27 61 541 3986

We collect your information:

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.

When you sign up for and implement our reservation system and online distribution service

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:

  1. company name

  2. contact details

  3. VAT number

  4. banking details

  5. details related to your operating processes and offerings

  6. details contained in your company registration documents

  7. identity documents of your mandated officials

  8. proof of address of your mandated officials

  9. proof of banking details

We use this information to:

  1. load you on our services and configure the system

  2. set up and process payments via the payment gateway

  3. communicate with you

  4. provide training

  5. process orders

  6. provide your offerings to clients via activitar.com

  7. provide support

  8. send you statements, receipts, invoices or any other legal documents that relate to your transaction

  9. 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.

When you use our service

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, we collect information from your message

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 use your information to send you our newsletter

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.

What about children’s information?

We do not knowingly collect the personal information of children without the consent of a parent or guardian.

We share your information with trusted service providers

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:

  1. store information

  2. process payments

  3. ensure you have access to the services you paid for

  4. deliver our newsletter

  5. help monitor the effectiveness of our promotions and advertising

  6. help us manage our business, for instance accountants and professional advisors.

  7. maintain our website

  8. 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).

We send your information to other countries

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 don’t keep your information longer than we need to

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 taken reasonable steps to minimise the impact of a breach

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 +27 61 541 3986, which will connect you to Chris Coetzee, our information officer.

You have the right to be informed about the personal information we have, and what we do with it

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

  1. ask us what we know about you;

  2. ask what information was sent to our suppliers, service providers, or any other third party;

  3. ask us to update, correct, or delete any out-of-date or incorrect personal information we have about you;

  4. unsubscribe from any direct marketing communications we may send you; and

  5. 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.

Your rights in terms of the GDPR:

If you are in the European Union, you have these rights in terms of the GDPR:

  1. The right to be informed about the collection and use of your personal information.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. You have the right to reuse your personal information for your own purposes across different services, also known as the right to data portability.

  7. 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.

  8. 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.

  9. You have the right to object to automated decision-making and profiling.

  10. 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.



© 2021 Tornado Tour Systems (Pty) Ltd ta Activitar.

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