1. ASSUMPTION OF RISK
1.1 I am fully aware that participation in paragliding and hang-gliding and powered forms of either and all related activities are calculated, high risk activities that contain inherent risks and dangers (including serious injury or death) that no amount of care, caution, instruction, or expertise can eliminate. I voluntarily and freely choose to incur any and all such risks and dangers. By signing this document I acknowledge that I understand the scope, nature and extent of the risks involved in the activities contemplated by this agreement.
1.2 I further realise that there are risks involved which are unknown to me or unforeseeable
1.3 I further acknowledge that the risks and dangers are constantly changing and are numerous and not limited to, equipment failure, changing and unpredictable weather conditions, collisions with other paragliders, pilot error, negligence of instructors, operators, and other participants, and therefore, all the risks cannot be set out as examples in this document.
2. EXEMPTION FROM LIABILITY
I, my heirs, executors, administrators or assigns or the participants or my estate hereby indemnify and hold harmless, now and in the future,
2.1 The South African Hang Gliding and Paragliding Association (“SAHPA”); and
2.2 the TFI Instructor and/or his/her company its owners, employees, contractors, agents, successors, or assigns, and any land-owners on whose premises our flying activities take place from any and all liability, claims, actions, and causes of action, whatsoever, arising out of any damage, loss, inclusive of my personal injury, my bodily injury, my death, and any damage to my property and/or any other personal or financial injury or loss, while upon the premises or in or around aircraft, motor units, paragliders, hang gliders, tow launch systems of any type, harnesses, or other vehicle, whether stopped or in motion, while participating in club flying, personal flying, demonstrations, training, paragliding flights, tandem paragliding or paraglider towing, hang gliding, hang glider towing, powered forms of either or any other activity, directly, or indirectly, contemplated by this agreement, including all associated activities, for example transportation, whether such loss, damage or injury results from the negligence or gross negligence, either active or passive, of any of the aforementioned people or entities.
3. TERMS OF USE OF EQUIPMENT AND INSTRUCTION
3.1 I agree to pay for all damages to or loss of equipment belonging to the TFI Instructor and/or his/her company, resulting from my use of equipment during solo flying, whether damage is intentional or unavoidable.
3.2 I understand that I am paying for instruction in the sports of paragliding and/or hang gliding, powered forms of either and all related activities.
3.3 I understand that any Tandem flight that I undertake as a passenger will be for the purposes of training only and I have duly completed the first flight student and temporary SAHPA membership form and paid the prescribed Membership fee.
4. HEALTH AND FITNESS
4.1 Paragliding or hang gliding and powered forms of either are strenuous physical and mental activities. I confirm that I am mentally and physically capable of participating in these activities, and declare that I have no existing medical condition that would prevent me from participating in these activities.
5. CANCELLATION OF POLICIES AND COST OF RESCUE AND MEDICAL ATTENTION
5.1 I acknowledge that I am aware of the fact that my participation in these paragliding or hang gliding, powered forms of either and all related activities may result in the cancellation of any policies I may have, inter alia, medical aid, policies over my life, retirement annuities, or any other insurance polices.
5.2 I authorize the TFI Instructor and/or his/her company, its owners, employees, contractors and agents to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital that not any of the aforementioned people shall have any further responsibility for me.
5.3 Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold harmless
the TFI Instructor and/or his/her company, its owners, employees, contractors and agents of and from any costs incurred therein.
6. THIRD PARTY LIABILITY
I declare that, if, as a result of my negligence, or willful misconduct, anyone suffers personal injury, death or financial injury, I hereby indemnify the TFI Instructor and/or his/her company, for any damages they may suffer as a result of defending any action brought against them or being liable to any third person in connection with my aforesaid act or omission.
7. CARD ACQUIRING AND SECURITY
Card transactions will be acquired for Para-Pax via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. PAYMENT OPTIONS ACCEPTED
Online Payment may be made via Visa and MasterCard.
Payment can also be made via Electronic Transfer or Cash on arrival.
9. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by Para-Pax 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
10. 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).
11. COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and Para-Pax chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
COMPANY CONTACT DETAILS
Company Physical Address: Signal Hill Rd, Signal Hill, Cape Town, 8001
Email: parapaxsa@gmail.com
Telephone: 082 881 4724
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.