Terms and Conditions

Hello Adventure (Pty) Ltd.
Document Updated: 21 November 2019

Hello Adventure
Terms 

A. Definitions

  1. “Client” means the company, person or organisation buying or agreeing to buy products and/or services from the Seller. Client also includes prospective clients to whom the Seller has addressed proposals or quotations, as well as the participants of the activity or products that have been bought.
  2. “Seller” means Hello Adventure or helloadventure.co.za.
  3. “Supplier” means any supplier associated with helloadventure.co.za, directly or indirectly displayed on the website who provides services relating to products sold by Hello Adventure.
  4. “Conditions” means the terms and conditions of sale set out in this document and any extra special terms and conditions agreed in writing by the parties.
  5. “Price” means the price the Client has agreed to pay for the goods and services described in the Hello Adventure booking form or on the Hello Adventure website, including V.A.T where applicable. The displayed price is subject to change without notice, and the price stipulated is intended as a guide price only. The Seller will however endeavour to ensure that all prices quoted on the website are correct.  The final price quoted by the Seller in the final booking confirmation will be deemed to be the correct price.

B. Conditions Applicable

  1. This agreement applies to this sale by the Seller to the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under any purchase order confirmation of order or similar document.
  2. Placing your order or booking means acceptance of this agreement.
  3. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
  4. If any provision of these conditions is held by any competent authority or Court to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of these provisions in question shall not be affected.

C. Price and Payment

  1. Deposit – A non-refundable deposit is required to secure the booking. For tours, this amounts to R1,000.00. For activities, this will be determined based on the specific activity, but will be no more than 20% of the booking total.
  2. Full Payment – For activities, the full amount must be settled before the activity takes place. The deposit must be paid to Hello Adventure and the remaining balance can be paid to the supplier on the day of the activity.
    For tours, the full amount including deposit must be paid to Hello Adventure. The Client has the option of paying the remainder of the booking total off in installments, or to pay a lump sum. The full amount must be settled on or before 30 days from the tour departure date.
  3. Direct Bookings with Suppliers – Where suppliers have elected to accept direct bookings, Hello Adventure accepts no liability in the booking process where a Client opts to book directly with a Supplier, and an individual Suppliers’ Terms and Conditions may override these Terms and Conditions where applicable.
  4. The booking total including deposit will be indicated in the final booking confirmation. Where there is a variance between the payment terms documented in this clause and those documented in the booking confirmation, the payment terms in the booking confirmation shall prevail.
  5. Interest on overdue invoices shall accrue from the date payment becomes due at the prime interest rate charged weekly. Where payment is late, the Seller reserves the right to impose an administration charge of up to R1,000.00 plus all attorneys costs incurred in the collection of overdue payments.
  6. Quotations and proposals are only valid in writing and for the period they state. If not stated, the period is 30 days from the date the quotation or proposal was written.
  7. Any claim cannot exceed the value of the invoice.

D. TERMS APPLICABLE TO SUPPLIER OPERATED ACTIVITIES AND TOURS:

1. Liability

  1. The Seller accepts no liability for any property loss or damage, death or personal injury. Each participant will be required to sign a general release and waiver by the Supplier prior to attending the activity.
  2. The Seller shall not be liable to the Client for a) indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, b) loss of business profits, c) damage remedied by the seller in reasonable time, c) loss avoidable by the client taking reasonable measures e) all items excluded from the Warranty by “force majeure”, f) expenses or other claims for consequential compensation whatsoever which arises (whether through the Seller’s negligence or otherwise) out of or in connection with the supply; installation; use; dismantling; or removal of the goods and or the service description referred to in the booking form.
  3. The Client is required to provide a contact number so that the Client can be contacted in the event of a cancellation or change to their booking.
  4. The Seller and the Supplier shall not be liable to the Client for, or be deemed to be in breach of the booking form by reason of any delay in performing or failure to perform any of the Sellers obligations in relation to the booking form, if the delay or failure was due to any cause beyond the Seller’s or the Supplier’s reasonable control:

2. Force Majeure

  1. The Seller is not liable for failure to meet the requirements of the booking or delivery schedule where failure is caused by circumstances beyond the reasonable control of the Seller. Examples include strikes, government or regulatory action, natural disasters and supplier, transport or production problems.

E. TERMS APPLICABLE TO HELLO ADVENTURE OPERATED ACTIVITIES AND TOURS:

1. Liability

  1. The Seller accepts no liability for any property loss or damage, death or personal injury. Each participant will be required to sign a general release and waiver prior to attending the activity or starting the tour.
  2. The Seller shall not be liable to the Client for a) indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, b) loss of business profits, c) damage remedied by the Seller in reasonable time, c) loss avoidable by the client taking reasonable measures e) all items excluded from the Warranty by “force majeure”, f) expenses or other claims for consequential compensation whatsoever which arises (whether through the Seller’s negligence or otherwise) out of or in connection with the supply; installation; use; dismantling; or removal of the goods and or the service description referred to in the booking form.
  3. The Client is required to provide a contact number so that the Client can be contacted in the event of a cancellation or change to their booking.
  4. The Seller shall not be liable to the Client for, or be deemed to be in breach of the booking form by reason of any delay in performing or failure to perform any of the Sellers obligations in relation to the booking form, if the delay or failure was due to any cause beyond the Seller’s reasonable control:

2. Force Majeure

  1. The Seller is not liable for failure to meet the requirements of the booking or delivery schedule where failure is caused by circumstances beyond the reasonable control of the Seller. Examples include strikes, government or regulatory action, natural disasters and supplier, transport or production problems.

F. Cancellations and Refund Policy

  1. Once a booking has been confirmed by the Seller, the Client is obliged to pay the full booking total owing.
  2. The Client may, in certain circumstances and more than 3 days from the date of the activity or 30 days from the date of tour departure, be able to reschedule the booking for another time, however this is solely at the discretion of the Seller and dependant on availability.
  3. In the event that the Client should miss a scheduled booking, without attempting to reschedule, the Client will forfeit 100% of the amount paid and will not qualify for a refund.
  4. In the event that a client’s booking is cancelled by the Seller or Supplier due to unforeseen circumstances, such as inclement weather or a technical problem, the booking will be rescheduled to another convenient time within the following 12 months. Should the client be unable to reschedule within 12 months of the date of the event, the booking will be refunded in full, less an administration fee of 20%, after 15 business days.
  5. In the event that a client’s booking is cancelled by the Seller or Supplier due to any other reason not mentioned in the previous point, the booking will be refunded in full after 15 business days.
  6. Any changes made by the Client to a confirmed booking will incur an administration fee based on any penalties that the Seller must pay to the Supplier.
  7. Cancellation fees and refunds are as follows:

Type of Product Time Period Cancellation by Client Cancellation by Supplier Cancellation by Hello Adventure
Activity 7 or more days before activity date 90% refund. 100% refund. 100% refund.
3 to 6 days before activity date 75% refund. 100% refund. 100% refund.
2 days or less before activity date 0% refund. 100% refund. 100% refund.
Tour 60 or more days before tour departure date 90% refund. 100% refund. 100% refund.
31 to 59 days before tour departure date 75% refund. 100% refund. 100% refund.
30 days or less before tour departure date 0% refund. 100% refund. 100% refund.

G. Intellectual Property

  1. The copyright in the material contained on the website and in all proposals and or quotations or any other information between the Seller and the Client belongs to the Seller, or in specific cases, the Supplier. All rights are reserved. None of this material may be reproduced or distributed or used without the Seller’s express permission in writing.

H. Gift Vouchers

  1. Vouchers purchased for experiences to be used at a future date, to be determined by the recipient, will be valid for a period of 6 months from the date of issue, or as appended on the gift voucher.
  2. Should the open dated gift voucher not be utilised within the period of 6 months from the date of issue, the voucher will expire and the value of the voucher will be forfeited.
  3. No negotiations will be entered into with the holder of the voucher once the expiry date has passed.
  4. Gift Vouchers are valid only for items listed on helloadventure.co.za and are not redeemable against any other products or services.
  5. Gift vouchers for experiences are only valid for the experience stated, at the price the gift voucher was originally sold at. Should the price of the experience increase during the validity period, the holder may be required to pay in an additional sum to cover Supplier price rises in order to redeem the voucher.  Please note Hello Adventure has no control over price rises by the Suppliers (e.g. fuel increases etc.) during the course of the validity period.
  6. Gift vouchers may be transferred to another party, provided the same criteria is met (e.g. a gift voucher entitling an adult to an activity cannot be transferred to a child or person who falls within a different pricing category).

I. Confidentiality

  1. Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.

J. Your Obligations as a Client – You are responsible for:

  1. Providing to the Seller with all reasonable courtesy, information, cooperation, facilities and access to enable the Seller to perform duties, failing which the Seller shall not be obliged to perform any service or assistance.
  2. Ensuring the security and return of all equipment, vehicles and accessories supplied by the Seller or Supplier.
  3. All such items not returned or returned damaged will be charged to the Client at replacement cost.
  4. The Client is liable for all damage caused by the Client, to vehicles and equipment during the event or activity.
  5. Any changes to the booking must be made in writing, and acknowledged by the Seller within a reasonable time before the event date.
  6. It is the responsibility of the Client to check that the details are correct on the booking form, and notify the Seller of any changes immediately.

K. Advertising Packages and Listings

Hello Adventure is committed to maintaining a high standard of website for the pleasure and ease of use for their visitors. Therefore Suppliers will be required to meet certain guidelines when listing their products. These ensure consistency across all pages so the user can navigate around the site with minimal effort.

  1. Price Fluctuations – It will remain the responsibility of the Supplier to ensure that the prices listed are correct and updated, both in the featured section and on the home page. All listed prices will be deemed to be correct and should Hello Adventure secure a booking at the listed price, it is agreed that this price will be considered by both parties to be the final rack price payable to the establishment less any commission.
  2. In-House Bookings – Due to our relationship with other agents, tour operators, activities and accommodation establishments, any booking derived from our travel desk will incur a booking fee, payable by the Supplier (Standard Tour Operator rates apply) to cover commissions payable, marketing and advertising costs and credit card / banking fees.
  3. Standard Terms of Business – Hello Adventure will either accept a deposit to secure the booking and the balance will be payable to the establishment by the Client, or Hello Adventure will secure the full amount and the Supplier will invoice Hello Adventure for the net rate, or the Supplier will collect the full rate directly from the Client and then pay the booking fee to Hello Adventure. This will be agreed on upfront.
  4. Hello Adventure reserves the right to re-classify any content, product or category and re-assign it to any other category, or perform SEO to any content as it deems fit from time to time.
  5. Suppliers may only advertise products that they own and manage, and may not sell third party services where they have no control over quality and customer experience
  6. Listing Conditions – Hello Adventure reserves the right to edit or delete any content or products that:
    • is considered inappropriate,
    • contains profanity or sexually explicit material,
    • contains content that is grammatically incorrect or is simply badly written,
    • contains content that seeks to gain an unfair competitive advantage over other products listed in the category
    • contains content that is not unique (i.e. copied from other website as this penalises this site’s rankings in Google)
    • contains content or images that generally lower the standard of the site
    • fails to deliver a product or service
    • Hello Adventure will always try to assist the Seller in content rectification before the product is completely removed from the website.

L. Jurisdiction

  1. These terms and conditions are governed by the laws of the Republic of South Africa and the parties submit to the jurisdiction of the Magistrates’ court.

M. Miscellaneous

  1. If any part of this Agreement is found to be invalid or unenforceable by the court the rest will remain unaffected. The Seller may subcontract its obligations to a competent third party; otherwise, neither party may assign or transfer any obligations or rights.
  2. All notices must be in writing (by hand, email, fax or registered post deemed delivered 72 hours after posting) and sent to the office of either party.