Legal Notices & Compliance

Legal Notices & Compliance

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BOOKING - TERMS AND CONDITIONS

  • Terms and Conditions

1. Booking and confirmation
1.1 Incomplete booking forms will not be processed by SAIL. The Client warrants to SAIL that all information supplied in the booking form is true and correct.
1.2 All completed booking forms must either be hand delivered or emailed (the Client shall ensure that the scanned copy of the hospitality booking form is legible) to SAIL at the address or email addresses stipulated in the hospitality booking form.
1.3 On return of the completed hospitality booking form by the Client to SAIL, it shall constitute  an offer by the Client to purchase the Hospitality Packages from SAIL, which offer shall beremain be valid for a period of 30 (thirty) Days, calculated from the date which that the booking form is is received by SAIL. Such Offer will then be accepted or denied in terms of clause 1.8 and, where accepted, an invoice shall be issued to the client in accordance with clause 2.1.
1.4 It is the obligation of the Client to ensure that SAIL is in receipt of the hospitality booking form.
1.5 No provisional bookings will be considered by SAIL.
1.6 There are a limited number of packages available for each Event and bookings will be assigned and reserved on a first come first booked basis. All sales of Hospitality Packages are subject to availability before confirmation by SAIL.
1.7 Upon receipt of the booking form, SAIL will consider the Client’s application. SAIL reserves the right to refuse to sell Hospitality Packages to any person / entity.
1.8 If SAIL, in writing, informs the Client that its application for Hospitality Package(s) has been  unsuccessful, due to insufficient capacity or for any reason whatsoever, which decision is  entirely at SAIL’s sole discretion, then the offer for a period of 30 (thirty) days, shall  immediately lapse and the Client shall have no claim for damages (direct or consequential damage), against SAIL as a result of SAIL’s decision not to sell any Hospitality Packages to the Client.

2. Confirmation
2.1 SAIL is deemed to have accepted the Client’s application for Hospitality Packages by sending the Client an invoice for payment by the Client.

3. Invoicing and payment
3.1 On receipt of the invoice from SAIL in terms of clause 2.1, the Client shall pay the full amount reflected in the invoice as per the bank details reflected on the invoice, as follows:
3.1.1 If the Event is being hosted 14 (fourteen) to 30 (thirty) Days or more from the date of invoice, then the Client shall pay the full purchase price within 7(seven) Days of receipt of invoice
3.1.2 If the Event is being hosted less than 13 (thirteen) Days but more than 5 (five) Days of from the date of invoice, then the Client shall pay the full amount within 5 (five) days of receipt of invoice.
3.1.3 If the Event is being hosted less than 4 (four) Days from the date of invoice, then the Client shall pay the full purchase price on receipt of invoice.
3.2 The Client shall ensure that it furnishes SAIL with proof of payment. Payment is only deemed to have been accepted by SAIL upon clearance of the funds by the relevant bank into the account of SAIL. No cheques will be accepted.

4. Collection and release of Hospitality Packages
4.1 Once the full purchase price for the Hospitality Packages is reflected into SAIL’s banking account, SAIL will inform the Client, of the date, time and location where the Hospitality Packages can be collected.
4.2 Collection must be made by the Client personally or, if the Client is a company, the Hospitality Package may be collected by its duly authorized representative. It is the obligation of the Client to inform SAIL of the name and identity number of such representative.
4.3 When collecting the Hospitality Package, the Client shall ensure that the necessary identification document is provided and presents such identifying document to SAIL for purposes of confirming that he / she is the person reflected in the hospitality booking form.
4.4 For security reasons, SAIL does not post / courier any Hospitality Packages to any Client, nor does SAIL deliver any Hospitality Packages to any Client, unless otherwise agreed by SAIL. If the Client has specifically requested SAIL, in writing, to post / courier the Hospitality packages to the address provided by the Client, then SAIL will not be liable for any damages/ loss and will be absolved of any responsibility or fault should such parcel / mail containing the Hospitality Package be misplaced by the postal office or the courier company. The Client shall be responsible for the costs of posting / couriering the Hospitality Costs and must be paid immediately upon request by SAIL, failing which SAIL will not post / courier the parcel to the Client.
4.5 SAIL will not replace any general access tickets that have been lost, destroyed or misplaced by the Client, for any reason whatsoever.

5. Information and pricing
5.1 Whilst every effort will be made to ensure the accuracy of the information contained in the website or brochure, such information is subject to alteration at any time without prior notice and SAIL will not be bound to comply exactly therewith. SAIL shall not be held liable for any inaccuracies in any websites or brochures supplied by it and SAIL shall not be held liable for any damages or loss arising out of such faulty information.
5.2 SAIL shall be entitled, in its sole discretion, to determine the pricing for the Hospitality Package and may adjust the price in accordance with the prevailing market conditions without prior notice. No price change will be implemented once an invoice as referred to in clause 2.1 is received by the Client.

6. Catering and special dietary requirement
6.1 SAIL will provide and offer catering as well as a variety of alcoholic and non alcoholic beverages in the suite and hospitality areas. All food and alcoholic beverages must be consumed within the hospitality area.
6.2 It is the Client’s obligation to ensure that SAIL is notified on the hospitality booking form, of any special dietary requirements (Vegetarian, Halaal or Kosher) whether for himself / herself or for any its guests and invitees at an additional cost, failing which it shall be deemed that no special dietary requirements is necessary.

7. Access to suites and hospitality area
7.1 To gain access to the suite or the hospitality area, the Client shall ensure that the necessary accreditation pass is worn and presents such accreditation pass together with the general access ticket to the security guard at the Event. No access to the suite or hospitality area will be granted, without the necessary accreditation pass or general access ticket being presented at the security check point.
7.2 The Client shall ensure that the accreditation pass is worn in an appropriate way (i.e. wrapped around the bearer’s wrists or worn around the bearer’s neck) and must be shown to any of SAIL’s staff upon request, failing which, SAIL may evict the Client or any of its guests or invitees from the suite or the hospitality area / from the stadium or venue.
7.3 Rights of admission to the hospitality areas are reserved by SAIL.

8. Cancellation or postponement of Event
8.1 Should the Event, due to force majeure event or for any reason beyond SAIL’s reasonable control:
8.1.1 be cancelled and not rescheduled, the Client shall be entitled to 100% refund of the full purchase price of the ticket, provided that:
8.1.1.1 SAIL receives a full refund from the event organiser; and
8.1.1.2 the Client returns its Hospitality Package tickets to SAIL.
8.1.2 be cancelled and postponed to a later date, SAIL shall endeavor to notify the Client of such cancellation and postponed date timeously and:
8.1.2.1 where the Client opts to attend the rescheduled Event, issue new Hospitality Package tickets to the Client upon return of the cancelled tickets, at no cost; or
8.1.2.2 where the Client is unable to attend the rescheduled Event, and upon notice by Client thereof, refund the Client for the full purchase price of the Hospitality Packagesprovided that the Client notifies SAIL at Least 30 days before the rescheduled Event and returns, to SAIL, the Hospitality Package tickets.
8.2 Where the Event is cancelled 36 (thirty six) hours or less, before the Event, SAIL shall refund 50% (fifty percent) of the full purchase price of the Hospitality Package.
8.3 Where the Event is again postponed or cancelled for any reason whatsoever, then it shall be deemed that the Event has been cancelled and SAIL will refund 25% (twenty five percent) of the full purchase price of the Hospitality Package to the Client

9. Non Payment and cancellation by the Client
9.1 If the Client fails or omits to pay the full amount reflected in the invoice and within the time period  stipulated in clause 3.1, it shall constitute a cancellation by the Client and SAIL shall be entitled  to claim cancellation fees on the same basis as set out in clause 9.2.
9.2 If the Client wishes to cancel the Hospitality Package, after SAIL has confirmed the booking in terms  of clause 2.1, then SAIL shall be entitled to charge cancellation fee as follows:
9.2.1 if the Client notifies SAIL of the cancellation, more than 30 (thirty) Days prior to the Event then SAIL shall levy no cancellation fee and the Client shall receive a full refund  of the purchase price of the Hospitality Package;
9.2.2 if the Client notifies SAIL of the cancellation more than 14 (fourteen) Days prior to the  Event, then SAIL shall levy a cancellation fee of 25% (twenty five percent) of the  purchase price (inclusive of VAT) of the Hospitality Package (without interests);
9.2.3 if the Client notifies SAIL of the cancellation, more than 7 (seven) Days prior to the Event, then SAIL shall levy a cancellation fee of 50% (fifty percent) of the total  purchase price (inclusive of VAT) of the Hospitality Package (without interest)
9.2.4 if the Client Notifies SAIL of the cancellation less than 7 (seven) days prior to the Event SAIL shall charge 100% cancellation fee and the Client will receive no refund whatsoever.

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9.3 All cancellation of the Hospitality Package by the Client in terms of clause 9.2 must be given  in writing to SAIL and the Client must return the Hospitality Package tickets before any  refund amount is paid to the Client by SAIL.
9.4 Should the Client fail or omits to pay the full amount and within the time period required in terms of clause 3.1 or if the Client elects to cancel the Hospitality Package in terms of clause
9.2, then SAIL shall be entitled in its sole and absolute discretion to deal with the Hospitality Packages as it may deem fit..
9.5 Should the Client wish to reverse the cancellation in terms of clause 9.3, alternatively pays the full amount due and wishes to proceed with the booking, then this shall be in the sole operational discretion of SAIL.

10. Restrictions
10.1 The Client shall not be entitled to transfer the Hospitality Packages acquired by it to any third party. The Client is prohibited from advertising and on selling Hospitality Packages and/or host a competition wherein the Hospitality Packages is included as a prize, unless otherwise agreed by SAIL, in writing, which decision is within SAIL’s sole and absolute discretion.
10.2 Any contravention of clause 10.1 by the Client (whether intentionally or otherwise), SAIL shall be entitled to withdraw the Hospitality Package and evict the Client, its guests, invitees as well as the person who have gained access to the hospitality area illegally.
10.3 The Client is prohibited from selling any item, merchandise or goods within the suite or hospitality area, unless otherwise agreed by SAIL, in writing which decision is within SAIL’s sole and absolute discretion. Offenders will have their item, merchandise or goods removed without compensation and the Client, its guests, invitees will be evicted from the suite or hospitality area.
10.4 The Client is prohibited from smoking in the suite or in the hospitality areas. The Client hereby indemnifies SAIL against any prosecution or penalties that may be instituted or imposed by any competent authority as a result of contravening the Tobacco Control Act (as amended) by the Client.
10.5 SAIL abides and adheres to the Liquor Control Act (as amended), accordingly is prohibited by law to serve alcohol to any person under the age of 18 (eighteen). The Client and any of its guests and invitee’s shall exercise control and ensure responsible drinking. SAIL will refuse to serve any alcoholic beverages to any person, should the Client or any of its guests and invitees fail to produce an identity documents (or any other form of identification). The Client or any of its guests and invitees shall be prohibited from knowingly (or reasonably should of known) serving, giving or allowing any person under the age of 18 (eighteen) to consume alcoholic beverages. The Client or any of its guests and invitees hereby indemnifies the venue owner, the suite owner and SAIL, its employees, agents, representatives or suppliers, (i) against any prosecution or penalties that may be instituted or imposed by any competent authority as a result of the Client or any of its guests and invitees contravening the provisions of the Liquor Control Act (as amended (ii) against any injury or death suffered by any third party as a result of assault or physical altercation by the Client or any its guests and invitees intoxicated by alcohol and (iii) against loss of income or damages suffered as a result of the Liquor Control Board revoking, cancelling / withdrawing the venue owner, the suite owner or SAIL’s existing liquor license or as a result of the Liquor Control Board’s refusal to grant the venue owner, the suite owner or SAIL any liquor license in the future due to the Client or any of its guests and invitees contravening the Liquor Control Act (as amended).
10.6 The Client is prohibited from advertising the Hospitality Package through any medium for financial gain or to acquire any form of commercial exposure which would otherwise misrepresent or give a false impression to the general public that the Client is in any way associated with the Event, SAIL or the promoters of the Event, unless otherwise agreed by SAIL, in writing, which decision is within SAIL’s sole and absolute discretion.
10.7 The Client shall have no right to use the official logo, official designations or name of the Event, SAIL or the Promoter, unless otherwise agreed by SAIL, in writing, which decision is within SAIL’s sole and absolute discretion.
10.8 The Client is further prohibited distributing or exhibiting any promotional materials or commercial items of whatever nature during the Event, unless otherwise agreed by SAIL, in writing, which decision is within SAIL’s sole and absolute discretion. Offenders will have their promotional materials or commercial items removed without compensation and the Client, its guests, invitees will be evicted from the suite or hospitality area.

11. Parking
If the Hospitality Package includes a parking ticket, then the Client acknowledges that he / she / it
parks their vehicles at their own risk.

12. Children and minors
12.1 The Client or any of its guests and invitees shall ensure that any children and minors that
accompany them to the Event are well supervised at all times.
12.2 The Client shall at all times be responsible for the safety of the children and minors that is  accompanying the Client or any of its guests and invitees. SAIL shall not be held liable for any injury  or death of any minor or child, irrespective of whether such injury or death is caused by the  negligence, omission or fault of SAIL or any of its employees, agents, representatives, suppliers or sub contractors.

13. Risk and indemnity
13.1 The Client and its guests and invitees enter the suite or the hospitality area entirely at his / her / its own risk.
13.2 SAIL, its employees, officers, agents shall under no circumstances be held liable for any injury,  death, damages or loss of property suffered by the Client or any of his / her / its guests or invitees,  arising from any act, or omission by SAIL, its employees, officers, agents and the Client hereby  irrevocably indemnifies SAIL against such claims, loss or damages.
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14. Damages
14.1 The Client undertakes to pay all costs of repairing, restoring or replacing any proven damage to any part of the suite or hospitality area caused by any act, default, omission or neglect of the Client, his / her / its guests and invitees, within 7 (seven) Days of receipt of an invoice from SAIL.

15. Force Majeure
If SAIL is prevented by force majeure from complying with its obligations in terms of these Terms and Conditions, then the Client shall have no claim of any nature whatsoever against SAIL arising out of its consequent failure to provide hospitality services. For the purposes of this clause, a force majeure shall, without limitation of the generality of the aforegoing, be deemed to include any act of God, strikes, lock outs, any labour / industrial actions, fire, explosions, terrorist attacks, war (whether declared or not), civil war, coup d’etat ,invasion, any hostile acts of foreign enemies, riot, civil insurrection, military uprising, insurrection, rebellion, revolution, military or usurped power, flood, earthquake, lightning, action, intervention or decree of local or national government, interruption of services, such as water and electricity or any other cause beyond the reasonable control of the party affected.

16. General
16.1 This Terms and Conditions together with the hospitality application form constitutes the entire agreement between the parties and no terms, conditions representations, warranties or variations not contained herein shall be binding upon the parties unless agreed by the parties in writing.
16.2 Should SAIL institute action against the Client pursuant to a breach of the Client of this Terms and Conditions, then without prejudice to any other rights which SAIL may have, SAIL may recover from the Client all proven legal costs incurred by it, including party and party costs, tracing fees and such collection commissions as SAIL is obliged to pay its attorneys.
16.3 SAIL may cede and assign its right and obligations under these Terms and Conditions or in terms of the hospitality booking form. The Client shall not be entitled to cede any of its rights or delegate any of its obligations under this Terms and Conditions or in terms of the hospitality booking form, to any third party, without the prior written consent of SAIL.

I, in my capacity as of the
Client, do hereby confirm that I have read and understood these Terms and Conditions and I
hereby agree to abide by these Terms and Conditions as set out above.

 

APP- TERMS OF USE

(Version effective as of 1 March 2019)
Important Notice
Please read our terms of use carefully. Your use of this App and any of the services offered on this App will be subject to the then current version of our terms available on this App at the time of your use. If you do not accept our terms of use, you may not access our App or use any of the services available via our App.
Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute an acknowledgement of certain facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our App.
If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our App, using any of the services on our App or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our App, use the services or participate in the activities available via our App. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this App since the then current version of the terms will apply to your use.
Should you have any questions regarding this site’s terms of use, please send an e-mail to us at bookings@sail.co.za.

Part A: General Information and Terms
General Information
For your convenience, we have listed below some general information about ourselves:
“We” are SAIL Rights Commercialisation (Pty) Ltd, an agent appointed by Stadium Management South Africa (Pty) Ltd and “us” and “our” have a corresponding meaning herein.
We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2005/036384/07.
Our postal address is PO Box 12555, Vorna Valle, Halfway Gardens, Midrand, 1682
Our address of establishment is at Riverview Office Park, Janadel Avenue, Midrand, 1682 and we will accept service of all legal documents there;
Our telephone number is Tel: +27 (11) 347 1300;
Our e-mail address is bookings@sail.co.za
Our VAT number is 4690226719;
Definitions
In these Terms of Use:
Act means the Protection of Personal Information Act 4 of 2013, as amended from time to time;
Booking means any reservation or booking pertaining to the Service Components of your Package, including as evidenced through a ticket, till slip, voucher, reservation number or other form of booking confirmation;
Booking Terms means the standard terms and conditions which must be accepted when making a Booking pertaining to the Service Component and Package provided;
Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this App; Package means the entire event package booked through this site consisting of all the relevant Service Components;
Service Components mean each individual part of the event package including, but is not limited to, tickets, food and beverage etc.;
Terms of Use means the terms and conditions set out herein;
We, us and our means SAIL Rights Commercialisation (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, internet service providers, agents and affiliates);
You mean the User of this App; and
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms of Use.
General Conditions of Use for this App
You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this App and the services offered on it.
You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not to post or transfer any material to our App that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any material you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify us via the email address provided herein if you have a complaint about the activities of or content submitted by a user of this site.
Notwithstanding that this site may contain links to third party Apps and that some third party Apps may contain links to this site we do not control, endorse or approve the activities or content of any such third party Apps. Please contact the relevant App proprietor if you have a complaint about the activities or content of a third party App.
Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
THE DOWNLOADING AND USE OF DATA CONTAINED ON THIS APP IS DONE AT YOUR SOLE DISCRETION. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION PROVIDED ON OR VIA THIS SITE. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER SYSTEM COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
ACCESS TO OUR APP SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR APP, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the App, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this App.
You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUNT.
We are committed to protecting your privacy and shall comply with the relevant sections of the Act in this regard. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. By giving us this information, you consent to our use of it for these purposes and for these purposes, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, please email us at bookings@sail.co.za .
We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our App and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Part B: Booking Conditions
General
(1) Each Booking that you make through us via this site is subject to these terms of use as well as the Booking Terms applicable to the particular Service Component to which such Booking pertains. Such Booking Terms will be made available for review prior to making a Booking and it is your responsibility to familiarize yourself with such Terms before submitting such Booking.
Booking Process
To submit a Booking to us, you will be required complete the prescribed booking form. You must be over the age of 18 and able to conclude binding contracts to submit a Booking to us. If you do not comply with the aforesaid you may not submit any Booking on this App. We may require you to provide us with suitable documents proving your age prior to accepting any Booking from you.
You may submit Booking requests to us by completing our online Booking process and submitting your payment information to us in the prescribed manner. Our Booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your Booking request. Please make sure that the Booking details are correct before finally submitting the Booking request, since it is unlikely that any mistake you make can be rectified later. We may limit your Bookings in respect of any Service Component to a specified number of persons to discourage unfair booking practices.
Once submitted, your Booking request will constitute an offer on the terms and conditions contained in these terms of use and the relevant Booking Terms that is open for acceptance by us to conclude a binding agreement with you. It is your responsibility to review such Booking Terms before making a Booking. Following receipt of your Booking request, we will send you a confirmation notice confirming acceptance or rejection of your Booking request.
A legally binding contract will be formed with you upon our sending of such a confirmation notice confirming our acceptance of your Booking. We reserve the right not to accept or process your Booking request and we will notify you if this is the case. In particular, we may refuse to accept your Booking for Service Components for lack of availability or if you do not meet the specified qualification criteria, including if you do not comply with the minimum age for the particular Service Component stipulated by law or if the number of persons in your Booking exceeds any applicable limit specified for the relevant Service Component.
Please note that while we will try to send to you a confirmation notice for every valid Booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded in respect of a Booking.
If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us, via bookings@sail.co.za , whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the Booking process. WE WILL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR IF YOU ASSUME THAT A BOOKING WAS NOT PROCESSED BECAUSE YOU FAILED TO RECEIVE OUR CONFIRMATION NOTICE.
The information you have submitted with your Booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact our Customer Care Centre immediately.
These terms of use shall be read together with the Booking Terms, and, where there is a conflict the Booking terms shall take precedence in respect of a Booking.
A complete record of your Booking will be sent to the email address you provide to us during the Booking process. You should retain such record. We will also retain records of completed Bookings made by you for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact bookings@sail.co.za
If any problems arise in respect of delivery or the handling of your Bookings please contact us immediately.
Description and Pricing
The making of Bookings via this App depends upon the availability of the relevant Service Components. We may without prior notice change the price, discontinue the availability or change the description of Service Components which are made available via this App. Special promotions may be subject to certain additional terms and conditions.
Unless otherwise stated, all prices displayed on this App are in South African Rand.
All prices indicated as applying to Service Components and Bookings on this App will be exclusive of VAT and any other taxes and duties, which, unless otherwise indicated, will be charged separately if applicable.
Payment
(1) You will be required to provide the necessary payment account details (such as credit card details) when submitting your Booking request. . By submitting a Booking request to us, you authorise us to debit your designated account with the relevant amounts due for the Service Components ordered. Such authorization will allow us to obtain payment at any time after our confirmation of your Booking. We will not be obliged to issue any tickets to you prior to receiving payment of the full agreed amount payable in respect of such Booking. Should we be unable to duly effect such payment for any reason your Booking may be cancelled and the Service Components of your Package may be resold to another customer without further notice. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
Changes and Cancellations
(1) Please refer to our Booking terms in respect of changes and cancellations of your Booking.
Lost, Stolen and Destroyed Tickets
RISK FOR LOSS AND DAMAGE TO TICKETS SHALL PASS TO YOU UPON YOUR RECEIPT THEREOF. In the event of an electronic tickets being issued, you must at all times retain the reference numbers appearing thereon in order to enable the re-issue of such tickets in the event that the original document is lost. The loss or theft of a ticket must be reported to us immediately.
Resales
Reselling of Packages or Service Components thereof, booked with us is strictly prohibited. Any resale of any tickets (or attempt) will entitle us to cancel such tickets and to resell them. No Package, Service Component, Booking, or part thereof, acquired from us may be used for advertising, promotion or competition purposes unless formal written authorization has been obtained from us, provided that even if such consent is obtained, you may not use our trademarks save as expressly thereto by the relevant trade mark holder.
Security and Safety
We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
(2) Use or enjoyment of a Service Component may be hazardous to the health or safety of the users or their property. YOU UTILISE SERVICE COMPONENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY SERVICE COMPONENT OR FOR YOUR SECURITY AND SAFETY OR THE SECURITY AND SAFETY OF YOUR PROPERTY IN UTILISING SUCH SERVICE COMPONENT.
Warranties and Liability
ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE SERVICE COMPONENTS THAT APPEAR ON THIS APP ARE DISPLAYED AND DESCRIBED COMPLETELY AND ACCURATELY, WE DO NOT WARRANT SAME AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY LIABILITY ARISING FROM ANY OMISSIONS AND INACCURACIES PERTAINING TO SUCH DISPLAY AND DESCRIPTION SAVE TO THE EXTENT THAT SUCH LIABILITY IS CAUSED BY OUR GROSS NEGLIGENCE OR FRAUD.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE FEES ACTUALLY RECEIVED BY US IN RESPECT OF THE SERVICE COMPONENT MOST CLOSELY ASSOCIATED WITH THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
Use of Your Personal Information
We may use your personal data for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you. We may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through once- off promotional offers or by telephone.
We may also make available your personal information to our affiliates (who may be located outside South Africa) in order to enable them to offer goods and services to you that they think will interest you. By accepting these terms, using our services and by submitting your personal details, you consent to this transfer and to receive direct marketing material from us and/or our affiliates.
If you do not want to receive the information as set out in this clause 12 above then please utilise the “opt out” prompt when making a Booking.