NextHunt is an online booking system where hunters can find and book their next hunt.
- Search through a huge global database of hunting farms, hunting lodges, hunting safari operators, professional hunters and hunting clubs for their next hunting opportunity.
- Book and securely pay for their next hunting expedition.
- Rate their hunting experience.
Hunting opportunity providers can:
- Add/Edit their listings and Upload pictures.
- Rely on the NextHunt calendar and booking system for convenience, payment security and peace of mind.
- Rate the Hunters.
NextHunt Terms & Conditions
This section deals with the legal terms applicable to transacting with NextHunt together with the terms and conditions pertaining to your use of this website, the processing of information in terms thereof and liaising with NextHunt (via this website) as your preferred service provider for hunting accommodation.
“User” - The term user refers to the person / individual / entity that utilizes the NextHunt website for purposes of booking a hunting trip via the network of hunting facilities that are registered with NextHunt.
“NextHunt” - Any references to NextHunt in this document shall refer to NextHunt CC, a Close Corporation, duly incorporated in terms of the Close Corporations Act, Act 69 of 1984 with registration number 2010/041596/23.
“Hunting facility” - Refers to a facility that provides hunting and accommodation with the view to hunting excursions being a facility that is registered as a supplier with the NextHunt website and utilizing the functions of the NextHunt website to procure bookings for prospective hunters who are, for purposes of this document, users of the website provided by NextHunt.
“Digital content / content” - Refers to the visual aspects of the NextHunt website including (but not necessarily limited to) any text, graphic devices and uniquely originated content and the arrangement thereof on the NextHunt website which are subject to intellectual property law and / or copyright.
- NextHunt is a Close Corporation, duly incorporated in terms of the Close Corporations Act, Act 69 of 1984 with registration number 2010/041596/23. The registered address of NextHunt is P.O. Box 35368, Menlo Park, Pretoria, South Africa, 0102. Please take note that, should any legal action arise from whatsoever nature or source, this address will be the applicable address for purposes of NextHunt’s domicile address.
- NextHunt collates accommodation and hunting packages in one location and is specifically geared towards the hunting industry catering for potential hunters from within and outside of the Republic of South Africa.
PROCESS OF USE
- The user of this website will log onto the NextHunt website being www.nexthunt.co.za where the user will utilize a series of filters for narrowing down the user’s specific requirements including but not limited to being in respect of time, date, price and location for booking a hunting facility and accommodation for a hunting trip via the NextHunt website.
- NextHunt will, via several communication channels, inform potential hunting facilities that the user wishes to, at the chosen date and time for the chosen duration, make use of that hunting facility and request that facility to advise on availability.
- Users will have to specifically make a choice in respect of whether their hunting trip will involve hunting for a trophy animal or for the purpose of producing biltong and / or other meat products.
- The hunting facility and the user will be able to correspond with each other via the NextHunt website, but are not allowed to exchange contact details so as to circumvent NextHunt.
- Should it appear that a user and / or a hunting facility were put in contact with each other via the NextHunt website and continue with making bookings and / or reservations without the involvement of NextHunt, either party or the offending party will be suspended from use of the NextHunt website and the benefits thereof.
- In the event that the hunting facility confirms the availability, the user will be liable for making a deposit payment in order to secure the accommodation at the facility that is available.
- Payment will be effected through NextHunt’s website and payments can be effected via credit card, debit card, Electronic Funds Transfer (Internet banking or PayPal / Payfast whichever provider NextHunt prefers) or by making a bank deposit. Once payment is received, the allocated time and date at the hunting facility is effectively booked.
- Once payment is received, the contact details of the user will be made available to the Hunting facility and vice versa.
- The user has the option to settle his account in full either through NextHunt or directly with the hunting facility.
- NextHunt reserves the right to retain a 15% administration fee in respect of a hunting trip for the purposes of producing biltong or related meat products and 10% in respect of packages or hunting trips with the focus on trophy hunting. Such fee shall be deducted from the deposit and retained when remitting the balance of the deposit or full amount to the hunting facility. Such remittance shall be processed within approximately 10 working days, unless a complaint is lodged by the user, in which case NextHunt reserves their rights to investigate and remit all outstanding funds upon completion of the investigation.
- NextHunt reserves the right to communicate with users and hunting facilities via sms and via email and / or both methods of communication.
- Where prices are indicated in South African Rand (ZAR) or Namibian Dollar (NAD), these will be the "local" hunters' rates, for inter alia, South African and Namibian nationals.
- Foreign nationals require additional hunting services, such as the mandatory use of a professional hunter and outfitter, and as such will attract a different price list. These prices are usually expressed in American Dollars (USD), British Pounds (GBP) or Euros (EUR).
USE OF THIS WEBSITE
- The information of this website can only be utilized for purposes that:-
- Are legal and / or legitimate.
- Does not promote any form of illegality, defamatory conduct or for commercial use outside the ambit of the intent of this website.
- Information that is stored in the database of NextHunt and appears visible on the NextHunt website is prohibited from being used to obtain data for purposes of sending unsolicited commercial communications to the owners of such contact details.
- Should any damages be suffered by NextHunt owing to the intentional or negligent misappropriation of any of the information on this website, NextHunt reserves the right to claim damages from the offending party.
- NextHunt cannot be held responsible for any use of this website that is distorted and / or malfunctioning as a result of the user’s technological hardware or software.
- Whilst we endeavour to keep all information correct and updated, it remains the responsibility of the hunter and or hunting facility to ensure that all relevant information is communicated prior to a hunt taking place,
ACCEPTANCE OF USE OF THE TERMS OF THIS WEBSITE
It is recorded that users of this website are deemed to be fully appraised of the contents of these terms and conditions insofar as they are applicable to the user. You are advised to view this section of the website regularly in order to familiarise yourself with any changes that can be effected thereto. NextHunt reserves the right to make changes to this website and its terms and conditions without announcing changes in advance and your use of this website and transacting in terms thereof is deemed to be your acceptance of the terms and conditions as amended.
USE OF PERSONAL INFORMATION, LOG-IN AND MEMBERSHIP AND SECURITY OF PERSONAL INFORMATION
- NextHunt will gather the following personal information from the user and hunting facility when registering on the website:-
- Full names and contact details including, but not limited to, residential address, email address, mobile telephone numbers and other relevant contact information.
- Requesting information on your experience of the NextHunt website and the services that are offered together with a request as to how you came to know about NextHunt.
- Information regarding geographical locations.
- NextHunt undertakes to keep the information provided secure and undertakes not to share any of the information provided with third parties other than third parties necessary to achieve the outcome of a hunting excursion with accommodation. The hunting facility and the user are not, to each other, in relation as third parties and it is necessary that NextHunt be able to share information between the user and hunting facility in order to achieve the desired outcome.
- Each user and hunting facility must choose a username and password that conforms to the security requirements of the NextHunt website. The user and the hunting facility both undertake to keep their login credentials safe and to not divulge same to third parties. NextHunt will not be responsible for irregularities occurring as a result of the divulgence of login credentials to third parties and these credentials being used to the prejudice of either the user or the hunting facility.
- It is recorded that NextHunt communicates with both user and hunting facility through either email or sms and that the user and hunting facility cannot hold NextHunt responsible should their contact details have changed and NextHunt has not been informed of the change thereof.
- It is further recorded that, should a third party access the user or hunting facility’s profile, it is not the responsibility of NextHunt to verify that each access is made by its legitimate user and any actions taken during the time of such access will be deemed to be done by the rightful legitimate user which attracts the prejudices and / or penalties attached thereto.
- While every effort is made to safeguard the information of users of this website, NextHunt cannot be held liable for attempts at “hacking” in respect of this website, or the failure of third party service providers to NextHunt such as connectivity, provision of IT-services and power interruptions causing a loss of information.
- NextHunt undertakes to, at all times, provide you with the option of changing personal information and details in order to reflect the latest details.
- A log of all usage on the website including, but not limited to, correspondence and transaction history may be retained and stored by NextHunt for auditing and dispute resolution purposes.
- Should you, at any time, wish to close your membership of the NextHunt website, we will on your written request, remove any data in relation to you and / or provided by you.
COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS AND CREATIVE OWNERSHIP
- It is recorded that NextHunt is the sole owner of any and all content on the NextHunt website being content that is generated in digital format for the functioning of the NextHunt website.
- Information provided by third parties such as hunting facilities is furnished free from any claim for copyright and / or intellectual property infringement and the hunting facility agrees that information provided to NextHunt or information that is obtained from a hunting facility’s publicly viewable website is available to NextHunt to utilize in the efforts of procuring clientele provided that the source of the information is credited by NextHunt.
- It is recorded that copyright is accorded to the creator of any original editorial content and that this document and any content generated by NextHunt evident in their website remains protected as the property of NextHunt in terms of the applicable laws of intellectual property in the Republic of South-Africa.
- Any creative devices and / or designs generated and originated by NextHunt for use on its website remains the intellectual property of NextHunt. Any such aspects may not be reproduced, copied and / or passed off as any other than that of NextHunt.
- In the event that NextHunt contains links to other websites such as websites owned and operated by hunting facilities, NextHunt cannot be expected to be responsible for any misleading information contained on third party websites and any links or references to other websites are purely for purposes of ease of reference of the user.
THIRD-PARTY INFORMATION AND DISCLAIMER
- Owing to the nature of NextHunt’s business activities, it is necessary that information be obtained from third parties, more so the hunting facilities that market their facilities via the NextHunt website and that NextHunt cannot be held responsible directly or indirectly for the accuracy and / or correctness of third party information that is provided by said third party.
- It is recorded that NextHunt cannot be held liable by either the legal construction of estoppel or misrepresentation if reliance is placed on the information that is solely provided to NextHunt by a third party and the user relies and makes an informed decision based on the information so provided. A facility is available for the hunting facility and the user to contact each other through the NextHunt website in order to clarify salient and or material facts pertaining to the hunting facility and the suitability thereof for the user’s purposes.
- NextHunt under no circumstances provides a warranty or guarantee under these terms and conditions in relation to the accuracy and correctness for information that is either provided by the user and the hunting facility which information is incorrect. It is recorded that the user and the hunting facility indemnifies NextHunt to any causes or legal action arising from information that is incorrectly provided.
- While every effort will be made by NextHunt to ensure that all information obtained by third parties such as the hunting facilities are up to date, it is recorded that NextHunt does not inspect every facility and that the truth or correctness, other than as supplied by the owner of the facility or his designee, is solely reliant on the hunting facility.
- Rates that appear on this website are rates that have been furnished by the hunting facility and NextHunt cannot be held responsible for sudden changes in rates that have not been communicated to NextHunt by the hunting facility concerned.
ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (“ECTA”)
- Users, as natural persons, are defined by Section 1 of the Act as consumers for purposes of the Act and users are advised, should they view any term herein as a transgression of ECTA, to approach the National Consumer Commission in this respect.
- In fulfilling its obligations in terms of Section 43(1) of ECTA, NextHunt has embodied in this document the minimum information necessary for consumers.
- NextHunt, in compliance with Sections 43(5) and (6) will do their utmost to provide a secure and reliable payment system. Please also refer to the section on payment for these purposes.
- Users are further referred to Section 44 of ECTA for purposes of any cooling off rights, NextHunt’s cancellation policy notwithstanding these provisions.
THE CONSUMER PROTECTION ACT (“CPA “)
- In compliance with its obligations in terms of CPA, NextHunt undertakes to:-
- In terms of Section 17, permit consumers to cancel advance bookings – please refer to the cancellation policy contained below.
- In terms of Section 22, use plain understandable language.
- In terms of Section 26 and 50, keep a record of all transactions.
- NextHunt will not send unsolicited marketing material or promotion without the User having agreed to receive periodical marketing and informational material from NextHunt.
- NextHunt will also not require that you waive any of your statutory rights or waive liability or obligations that NextHunt has to meet in terms of this Agreement.
PAYMENT OPTIONS AND REFUND POLICY
- The user is advised that all applicable amounts in terms of this agreement are EXCLUSIVE of VAT (Value-Added Tax) except where explicitly indicated otherwise.
- NextHunt provides for payment to be effected through either credit card, electronic funds transfer or cash payments via the NextHunt website.
- NextHunt undertakes not to store any payment details effected by or through credit cards or electronic funds transfers and further undertakes to keep no record pertaining to same for use by third parties.
- Although NextHunt takes great care in securing all payments via Virtual Cards Services (VCS) and Standard Bank merchant facilities, NextHunt cannot be held liable for irregularities occurring through banking channels utilized by a paying party.
- Any payments from territories outside of the Republic of South-Africa that attract ancillary costs of transfer will be borne by the payer.
- Each hunting facility that is contracted in with NextHunt may have its own cancellation procedure and applicability of refunds which is not in the control of NextHunt and is legally binding on you once you have agreed to the booking being confirmed.
- Refunds that are due to a user, having availed them of the full and applicable cancellation policy of the hunting facility, will be paid by the hunting facility to NextHunt and, upon receipt of the amount and within three days thereafter, will be paid to the user.
- Should a refund be payable to you, NextHunt will be eligible for an administration fee equal to 10% of the refund amount payable to you. Any refunds that have to be processed for territories outside of the Republic of South-Africa and that attract ancillary banking charges will be payable by the payee.
LIMITATION OF LIABILITY
In amplification of the limitations contained in the above sections, NextHunt (which includes its employees / staff / authorized agents specifically records that it is not liable for:-
- any damages resultant from the improper use of this website.
- any violations committed by the user pertaining to other applicable legislation or regulations.
- information of a defamatory or derogatory nature that is submitted to NextHunt by the user.
- damages suffered due to the unavailability of any hunting facility even should same fall within the requisite parameters stated by the user during the use of the website.
- damages caused by a user to its host’s property or vice versa
- any damages suffered as a result of misinformation supplied to NextHunt by the prospective hunting facility of whatsoever nature whether suffered en route to a hunting facility or during the user’s stay at the facility.
MISCELLANEOUS LEGAL PROVISIONS
- Any questions of liability that are to be settled in litigious manner will be submitted to the appropriate Court within the Republic of South Africa and the laws of the Republic of South-Africa will be the prevailing legal system for the deciding of any dispute.
- Should any provision of this agreement be declared invalid, the remainder of this agreement remains severable from the invalid provision and applicable insofar as same is valid and / or lawful and be enforceable accordingly.
- This agreement constitutes the entirety of the agreement between the user and NextHunt and any prior representations made by either the user or NextHunt will not withstand the provisions of this Agreement.
- Should NextHunt fail and / or neglect to exercise any of its remedies in terms of this Agreement, it should not be interpreted to be a waiver of NextHunt’s rights in terms hereof.
- NextHunt reserves the right to cede and / or assign any of its rights and obligations contained in this agreement to a third party.
- NextHunt reserves the right to suspend a user- or hunting facility account temporarily or indefinitely, should it become known that a user or a hunting facility uses or intends to use the NextHunt website in a deceitful or fraudulent manner, where such user or hunting facility may forfeit any funds which may form part of a transaction.
Should the user cancel their Hunting trip prior to its commencement, the user will incur the following penalties in respect of a 50% minimum deposit amount subject to the legal provisions of ECTA and CPA as contained above:
- More than 12 weeks in advance, 10% penalty of 50% deposit
- Less than 12 weeks in advance, 30% penalty of 50% deposit
- Less than 10 weeks in advance, 40% penalty of 50% deposit
- Less than 8 weeks in advance, 50% penalty of 50% deposit
- Less than 6 weeks in advance, 60% penalty of 50% deposit
- Less than 4 weeks in advance, 70% penalty of 50% deposit
- Less than 3 weeks in advance, 80% penalty of 50% deposit
- Less than 2 weeks in advance, 90% penalty of 50% deposit
- Less than 1 week in advance, 100% penalty of 50% deposit
- The balance of the deposit, should there be any, may be reimbursed to the user within approximately 10 working days of notice of cancellation which is in Agreement with the reimbursement provisions laid out by ECTA and CPA.
- Should the user have paid a deposit in excess of 50%, the amount in excess of 50% will remain free of any penalty deductions and shall be reimbursed to the user, in addition to any other reimbursements which may be applicable, within 10 working days of notice of cancellation.
- Notwithstanding the above, where the hunting provider's own cancellation policy is more onerous, that part of the cancellation policy will apply.
QUALITY CONTROL AND SUSTAINABILITY
- NextHunt reserves the right to, at any time, attend a member hunting facility and to assess the veracity of information supplied to NextHunt.
- NextHunt further reserves the right that, should NextHunt be made aware of any activities relating to poaching or the abuse of animals, whether endangered or not, NextHunt will immediately report to the applicable authorities any information that is in their knowledge in order to create a sustainable hunting environment.
COMPETITIONS AND DRAWS
- NextHunt reserves the right to select a winner by any reasonable means it chooses.
- NextHunt further reserves the right, to at any time, cancel a competition or draw for fortuity at its descretion without prior notice, subject to reimbursements of any entrance fees collected.
- Judges' decision is final and no comments shall be entered into.