Service Terms and Conditions

SKYDIVE MOSSRL BAY TERMS & CONDITIONS
1. Agreement Overview
These terms and conditions ("the Agreement") form the basis upon which Skydive Mossel Bay (Pty) Ltd ("Skydive Mossel Bay") provides its services to you. Please ensure you have read and understood these terms, and raise any questions before agreeing to be bound by them. The Agreement applies to every instruction for services and/or products you give us.

2. Definitions
Here are the key definitions used in this Agreement:
• "Agreement": These terms and conditions, together with any Incorporated Documents such as the Waiver and Indemnity Form and the POPIA Policy, concluded between you and Skydive Mossel Bay.
• "Client" or "You": The person who applies (directly or indirectly) to Skydive Mossel Bay for its services, including bookings made for oneself or others, whether as a principal, agent, or subcontractor.
• "Incorporated Documents": Refers to the Waiver and Indemnity Form, the Privacy Policy, and other documents incorporated by reference into the Agreement.
• "Personal Information": Has the meaning assigned to it in the Protection of Personal Information Act 4 of 2013 (POPI), as amended.
• "POPI": Protection of Personal Information Act 4 of 2013, as amended from time to time.
• "Services": The provision of skydiving-related services, including booking and payment facilities, return transport to and from the airfield from various points in the Western Cape, introductory tandem skydives, sport skydives, and instruction.
• "Skydive Mossel Bay": Skydive Mossel Bay (Pty) Ltd, Registration Number 2013/217539/07, based at Mossel Bay Airfield, Aalwyndal, Mossel Bay, South Africa, 6500 including its affiliates and subsidiaries.
• "Waiver and Indemnity Form": The form that must be completed and signed by every person who wishes to skydive with Skydive Mossel Bay, releasing Skydive Mossel Bay from liability for injuries or claims arising from skydiving activities.
• "Tandem Instructor": A qualified and experienced skydiving instructor who will be strapped to the Client during a tandem skydive.
• "Jump": The entire skydiving experience, including the airplane ride, freefall, parachute descent, and landing.
• "Booking": The process by which a client reserves a skydive with Skydive Mossel Bay, including confirmation of date and time, payment of a deposit, and other related arrangements.
• "Cancellation Policy": The rules and guidelines regarding cancellation of bookings, including any applicable fees or penalties for late cancellations.
• "Dropzone": The designated area where skydiving operations occur, including boarding areas, landing zones, and other related facilities.
• "Parachute Association of South Africa (PASA)": The governing body overseeing skydiving operations in South Africa, including regulatory compliance, safety standards, and licensing.
• "South African Civil Aviation Authority (CAA)": The regulatory authority governing aviation operations in South Africa, including regulations affecting skydiving.

3. Acceptance of Terms and Conditions
• By engaging in any skydiving activity with Skydive Mossel Bay, you agree to be bound by the Agreement and any Incorporated Documents.

4. Age and Health Requirements
• Clients must be at least 18 years old to skydive. If under 18 years old, a written consent from a legal guardian is required.
• The youngest child that can be considered for skydiving must have already turned 12 years old.
• Clients must be in good physical and mental health. Skydive Mossel Bay may require a medical questionnaire or doctor's clearance before participation.
• Pregnant women and individuals with certain medical conditions are not permitted to skydive.

5. Weight and Height Restrictions
• The maximum weight limit for skydiving is 100 kilograms (220 pounds) for men and 90kgs for women. The minimum height requirement is 1.2 meters, and the minimum weight is 35 kilograms.

6. Booking and Payment
• You can book your skydive through our website, by email, by phone, or in person at the Dropzone. Full payment is required at the time of booking for online reservations. For bookings made via phone or email, a deposit invoice will be issued, and the balance is due on-site before your jump. The booked time slot is an arrival time, not a skydiving time.

7. Cancellations
• Skydive Mossel Bay will make every effort to contact you one or two days before your scheduled jump to inform you about anticipated weather conditions, confirm jump times, and clarify pick-up times and locations.
• Please be aware that skydiving involves many elements, including weather, aircraft scheduling, and staff availability, all of which must align to ensure a safe jump.
• We ask for your patience and understanding while we do our best to make your skydiving experience possible.
• If we need to reschedule your jump due to unforeseen circumstances and cannot find a mutually acceptable time, we will issue a refund (minus any expenses incurred).
• However, if you don't show up on time or cancel with short notice, you risk losing your booking deposit. For these purposes, "on time" means arriving at least 10 minutes before your scheduled arrival time or booking time, and "last minute" refers to cancellations made within 6 hours of your jump. Refunds for other reasons will not be considered.

8. Skydiving Activities and Safety
• Skydiving involves risks, including injury, serious bodily harm, or death. By participating, you acknowledge and accept these risks.
• You must comply with all safety instructions given by the Tandem Instructor and other Skydive Mossel Bay personnel. Failure to comply may result in the cancellation of your skydive without a refund.
• You must complete and sign the Waiver and Indemnity Form before participating in any skydiving activity.

9. Risk Acknowledgment and Waiver
• By participating in skydiving activities, you acknowledge that you understand the inherent risks, including injury or death, and agree to sign the Waiver and Indemnity Form. This form releases Skydive Mossel Bay, its employees, agents, instructors, affiliates, aircraft operators, parachute packers, riggers, and other personnel involved in the skydiving operation from liability, except in cases of gross negligence or intentional misconduct.

10. Indemnity
• By participating in skydiving activities, you agree to indemnify and hold harmless Skydive Mossel Bay and all Releasees from any claims, losses, or expenses arising from or in any way connected with your participation in a skydiving activity.

11. Photo and Video Release
• Skydive Mossel Bay may take photos and videos of your jump for marketing and promotional purposes. By participating, you grant Skydive Mossel Bay permission to use these photos and videos for such purposes. You retain the right to request that your photos and videos not be used.

12. Weather Conditions
• Skydiving is weather-dependent. Skydive Mossel Bay reserves the right to delay or cancel your jump due to weather conditions or other safety concerns. In the event of cancellation due to weather, you will be offered a reschedule or a full refund.

13. Force Majeure
• Skydive Mossel Bay reserves the right to cancel any activity if its fulfilment becomes impossible due to unforeseen events such as strikes, lockouts, civil unrest, or other factors beyond its control.

14. Governing Law and Jurisdiction
• This Agreement is governed by South African law. Any disputes arising from this Agreement will be subject to the jurisdiction of South African courts.

15. Entire Agreement
• These terms and conditions, along with any Incorporated Documents and other relevant forms, constitute the entire agreement between the parties. No changes or amendments are valid unless in writing and signed by both parties.

16. Acknowledgment
By participating in skydiving activities with Skydive Mossel Bay, you acknowledge that you have read and understood the terms and conditions, and agree to be bound by them.

PayGate Terms & conditions
Detailed description of goods and/or services Skydive Mosselbay is a business in the
activity industry.
Customer Privacy policy
Skydive Mosselbay shall take all reasonable steps to protect the personal
information of users. For the purpose of this clause, "personal information" shall
be defined as detailed in the Promotion of Access to Information Act 2 of 2000
(PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569 .
Payment options accepted
Payment may be made via Visa and MasterCard.
Card acquiring and security
Card transactions will be acquired for Skydive Mosselbay 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.
Customer details separate from card details
Customer details will be stored by Skydive Mosselbay 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).
Responsibility
Skydive Mosselbay takes responsibility for all aspects relating to the transaction
including sale of goods and services sold on this website, customer service and
support, dispute resolution and delivery of goods.
Country of domicile
This website is governed by the laws of South Africa and Skydive Mosselbay
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.
Variation
Skydive Mosselbay may, in its sole discretion, change this agreement or any part
thereof at any time without notice.
Company information
This website is run by Skydive Mosselbay (sole trader / private company/close
corporation) based in South Africa trading as Skydive Mosselbay and with registration number 2013/217539/07
Contact details
Company Physical Address: Skydive Hangar, Mossel Bay Airfield, Rooikat Str, Aalwyndal, Mossel Bay, 65005
Email:info@skydivemosselbay.com
Telephone: 0828248599