Terms & Conditions

1Introduction and Acceptance

1.1Platform Role

Shoot & Cast (Pty) Ltd ("Shoot & Cast", "we", "our" or "us") operates an online marketplace that connects Customers with independently owned and operated hunting, fishing, travel and outdoor-experience providers ("Operators"). Shoot & Cast facilitates bookings, communications and payment processing through authorised third-party payment service providers but does not itself provide the underlying hunting, fishing, accommodation, charter or travel services unless expressly stated otherwise in writing.

By creating an account, submitting or confirming a Booking, making a payment, or otherwise using the Platform, the User agrees to these Terms & Conditions and any policies incorporated by reference, including the Privacy Policy, Liability Waiver, applicable Booking Confirmation and Refund Policy.

1.2Mandatory Rights

Nothing in these Terms limits any right or remedy that cannot lawfully be waived, limited or excluded under applicable South African law, including the Consumer Protection Act, 68 of 2008, the Electronic Communications and Transactions Act, 25 of 2002, and the Protection of Personal Information Act, 4 of 2013, where applicable.

2Definitions

Booking: a reservation or order for an Experience made through the Platform.

Booking Confirmation: the confirmation issued once a Booking is accepted and any required payment is successfully processed.

Business Day: a day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.

Customer: a person or entity that requests, makes or pays for a Booking through Shoot & Cast.

Customer-Facing Price: the total package price displayed to and payable by the Customer for the original booked Experience.

Experience: a hunting, fishing, accommodation, travel or related outdoor package or service listed by an Operator.

Operator: an independent person or business approved by Shoot & Cast to list and provide Experiences, including fishing charters, guided fishing operators, hunting outfitters, game farms and approved travel agencies.

Platform: the Shoot & Cast website, booking systems, software, payment systems and related services.

Refund Policy: the refund and cancellation rules published by Shoot & Cast and incorporated into these Terms.

Service Date: the date on which the booked Experience is scheduled to commence.

Unforeseen Circumstance: an event beyond the reasonable control of the Customer, Shoot & Cast or the Operator, including severe weather, natural disaster, fire, flood, pandemic, governmental action, load-shedding or utility failure, civil unrest, strike, or the death, serious illness or incapacity of an Operator.

3Nature of Shoot & Cast's Services

3.1Intermediary Role

Shoot & Cast acts as an intermediary and booking marketplace. The relevant Operator remains responsible for the lawful planning, management, safety, compliance and delivery of the booked Experience. Shoot & Cast does not own, operate or control the Operator's farm, lodge, vessel, vehicle, accommodation, guide, Professional Hunter, skipper or other operational resources unless expressly stated otherwise.

3.2Sole Point of Contact for Refund Administration

Notwithstanding its intermediary role, Shoot & Cast is the Customer's primary point of contact in relation to cancellation and refund administration for Bookings made through the Platform. Customers are not required to pursue an Operator directly for the recovery of funds where Shoot & Cast is administering the refund under the Refund Policy.

4Eligibility, Accounts and Verification

4.1Eligibility

Users must be at least 18 years old, have legal capacity to contract, provide accurate information and comply with applicable law.

4.2Operator Verification

Shoot & Cast may require Operators to provide identity, business, banking, licensing, permit, insurance, vessel, property, hunting, fishing and other compliance information reasonably required for onboarding and ongoing verification. Approval by Shoot & Cast does not replace the Operator's continuing obligation to comply with applicable law.

4.3South African Settlement Account

Every Operator receiving settlement through the Paystack South Africa split-settlement structure must maintain a valid South African bank account capable of receiving settlement in South African Rand. This requirement applies even where the Experience physically takes place outside South Africa.

5Listings, Packages and Bookings

5.1Operator Listings

Operators are responsible for the accuracy of their descriptions, photographs, inclusions, exclusions, capacity, pricing, availability and other listing information. Shoot & Cast may review, edit, suspend or remove listings where reasonably necessary.

5.2Booking Process

A Booking request is not final until accepted by the relevant Operator and any required payment has been successfully processed. Availability remains subject to Operator confirmation.

5.3Travel Agency Packages

Where a South African travel agency lists a package incorporating third-party lodges, charters or other suppliers, the travel agency is the contracting Operator on Shoot & Cast and remains responsible for its supplier arrangements, supplier compliance, package delivery and refund obligations relating to the package sold through Shoot & Cast.

6Pricing and Payments

6.1Payment Processing

Customer payments are processed through authorised third-party payment service providers. Shoot & Cast may receive amounts for its own account and may direct or permit settlement of an Operator's allocated portion to the Operator's nominated South African bank account through split-settlement functionality.

6.2Settlement Before Service Date

The Customer acknowledges that some or all amounts attributable to an Operator may be settled to that Operator before the Service Date. Settlement timing remains subject to the payment service provider's rules, banking processes, fraud controls, reversals and compliance requirements.

6.3Processing Charges

Payment-processing, bank, card or gateway charges that are not reversed by the relevant provider may be treated as non-refundable to the extent permitted by applicable law and the Refund Policy.

7Cancellation and Refund Policy

7.1General

All cancellation and refund requests must be submitted to Shoot & Cast in writing. Refund entitlement is determined by these Terms, the Booking Confirmation, the published Refund Policy, the relevant Experience-specific terms and applicable law.

7.2Customer Cancellation Scale

Subject to Sections 7.6, 7.7 and mandatory applicable law, where a Customer voluntarily cancels a Booking before the Service Date, the refundable portion of amounts paid for the Vendor/Operator Services, excluding the Shoot & Cast booking or facilitation fee, shall ordinarily be:

• More than 30 calendar days before the Service Date: 100% of the refundable Operator-service amount.
• 15 to 30 calendar days before the Service Date: 50% of the refundable Operator-service amount.
• 7 to 14 calendar days before the Service Date: 25% of the refundable Operator-service amount.
• Less than 7 calendar days before the Service Date, or failure to attend: no refund.

The applicable cancellation outcome remains subject to costs already irreversibly committed, the Booking Confirmation, applicable law and any non-refundable third-party costs disclosed before confirmation.

7.3Rescheduling

Instead of cancellation, a Customer may request that the Booking be rescheduled. Shoot & Cast will use reasonable endeavours to facilitate the request, subject to Operator availability and any additional costs charged by the Operator or third-party supplier.

7.4Operator Cancellation or Non-Performance

If an Operator cancels a Booking or fails to render the booked services in whole or in material part for a reason other than an Unforeseen Circumstance or a breach by the Customer, Shoot & Cast may, at the Customer's election and subject to availability, use reasonable endeavours to arrange a suitable replacement of comparable standing or administer a refund of the refundable amounts paid in respect of the affected services, including any Shoot & Cast fee attributable to those affected services where required.

Where services have been partially rendered, any approved refund may be calculated proportionately to the portion not rendered, subject to applicable law.

7.5Unforeseen Circumstances

Where a Booking is prevented, cancelled or materially disrupted by an Unforeseen Circumstance, Shoot & Cast will first use reasonable endeavours to facilitate rescheduling to a mutually agreed date, ordinarily within 90 days of the original Service Date. If rescheduling is not reasonably possible or acceptable to the Customer, the Customer may request a refund, which will be administered under Section 7.6.

Neither Shoot & Cast nor an Operator is liable for consequential loss arising solely from an Unforeseen Circumstance, to the extent permitted by law.

7.6Recovery of Funds from Operators

Where a refund is requested or becomes due and any portion of the Customer's payment has already been settled or disbursed to an Operator, Shoot & Cast will liaise with the relevant Operator and use its best endeavours to recover the refundable amount from that Operator.

Shoot & Cast will notify the relevant Operator in writing of the refund request within 5 Business Days of becoming aware of it, keep the Customer reasonably informed of material progress, and remit amounts recovered for the Customer within 7 Business Days after receipt, subject to the Refund Policy and applicable law.

Amounts still held by Shoot & Cast and due for refund may be refunded without waiting for the outcome of recovery from the Operator.

For clarity, Shoot & Cast does not guarantee from its own funds any Operator amount that has already been paid out and cannot be recovered, except where applicable law requires otherwise or Shoot & Cast expressly agrees in writing.

7.7Refund Process and Timing

Shoot & Cast will acknowledge a written refund request within 2 Business Days where reasonably practicable and aims to notify the Customer of the outcome within 7 Business Days of receiving the information reasonably required to assess the request.

Approved refunds of amounts held by Shoot & Cast should ordinarily be paid within 14 Business Days of approval. Amounts that must first be recovered from an Operator will be remitted to the Customer within 7 Business Days after Shoot & Cast receives those recovered funds.

Refunds may be made to the original payment method or, where appropriate, by electronic funds transfer to a bank account nominated by the Customer in writing. Refund timing may also depend on banks and payment service providers.

7.8Non-Refundable Amounts

Except where otherwise required by Section 7.4 or applicable law, the following may be non-refundable:

• the Shoot & Cast booking or facilitation fee;
• any portion of services already rendered;
• permits, licences, travel, accommodation or other third-party costs that are non-refundable by their nature and cannot reasonably be recovered; and
• additional costs arising from a Customer-requested rescheduling.

7.9Hunting-Specific Outcomes

Each hunting Operator must disclose its hunting, wounded-animal and unharvested-animal policy before Booking confirmation. A wounded animal may be treated as harvested for billing purposes only where this was clearly disclosed, is lawful and forms part of the Booking terms. Any hunting-specific credit, substitution, refund or rescheduling remedy remains subject to the Operator's disclosed policy and applicable law.

7.10Fishing-Specific Outcomes

Fishing success, catch quantity and specific species are not guaranteed. No refund arises solely because fish were not caught or a particular species was not encountered. Weather and safety cancellations are handled under Sections 7.4 to 7.7.

7.11Chargebacks

Customers should first use the Shoot & Cast refund process before initiating a chargeback or payment dispute where reasonably possible. Shoot & Cast may contest a chargeback that is inconsistent with the Booking terms or Refund Policy and may provide relevant booking and payment records to the payment provider, bank or card issuer.

7.12Statutory Rights

Nothing in this Section limits any statutory right or remedy that cannot lawfully be excluded or restricted.

8Customer Responsibilities

• Provide accurate personal, booking and payment information.
• Obtain required passports, visas, travel documents and vaccinations.
• Comply with lawful Operator instructions and applicable hunting, fishing, firearm and conservation laws.
• Read the Booking Confirmation, Experience-specific terms, Refund Policy and Liability Waiver before participation.
• Maintain appropriate travel, medical and other insurance where reasonably necessary.

9Operator Responsibilities

• Deliver the Experience as advertised and confirmed.
• Maintain all licences, permits, permissions, qualifications and insurance required by law.
• Maintain safe and lawful operations and suitable equipment.
• Remain responsible for employees, contractors, guides, skippers, Professional Hunters and suppliers used to deliver the Experience.
• Cooperate promptly with refund, chargeback and payment investigations and return refundable amounts when required under the Operator Agreement and Refund Policy.

10Hunting, Fishing and Regulatory Compliance

10.1General

Customers and Operators remain responsible for compliance with applicable hunting, fishing, firearm, conservation, maritime, immigration, customs and other laws relevant to the Experience.

10.2Cross-Border Experiences

Where an Experience occurs outside South Africa, local laws of the destination jurisdiction apply to the activity. The Operator remains responsible for lawful delivery of the Experience and any required local supplier arrangements.

11Safety and Assumption of Risk

11.1Inherent Risk

Hunting, fishing, boating, remote travel and outdoor activities involve inherent risks including injury, illness, wildlife encounters, firearm risks, drowning, weather, terrain, equipment failure and death. Participation is subject to the separate Liability Waiver.

11.2No Guarantee of Outcome

Shoot & Cast does not guarantee hunting success, trophy size, fish catches, wildlife sightings, weather or environmental conditions.

12Reviews and User Content

12.1Reviews

Reviews must be truthful, based on genuine experience and submitted in good faith. Shoot & Cast may remove unlawful, fraudulent, abusive, defamatory or misleading content.

12.2Content Licence

By uploading content, the User confirms the right to do so and grants Shoot & Cast a non-exclusive, worldwide, royalty-free licence to use that content for operation and lawful promotion of the Platform, subject to applicable law.

13Privacy and Data Protection

13.1Privacy

Shoot & Cast processes personal information in accordance with POPIA and the Privacy Policy.

13.2Refund and Recovery Administration

Personal and transactional information may be processed and shared where reasonably necessary to administer a cancellation, refund, recovery, chargeback or dispute, including with the relevant Operator, payment service provider, bank, professional adviser or competent authority, subject to applicable law.

14Prohibited Conduct

• Fraud, misrepresentation, identity theft or use of stolen payment methods.
• Unlawful hunting, fishing, firearm or other regulated activity.
• Harassment, abuse, defamatory content or misuse of reviews.
• Circumventing the Platform to avoid lawful fees or contractual obligations.
• Interfering with Platform security, scraping or introducing malicious software.

15Intellectual Property

15.1Shoot & Cast Property

The Shoot & Cast name, logo, website design, software, databases, documents and owned content are protected intellectual property and may not be copied or commercially exploited without permission.

15.2Operator Content

Operators remain responsible for ensuring that they have the right to use all photographs, logos, descriptions and other content supplied for publication.

16Limitation of Liability

16.1Platform Role

To the fullest extent permitted by law, Shoot & Cast is not liable for acts or omissions of independent Operators or third-party suppliers in the delivery of the Experience. Nothing excludes liability that cannot lawfully be excluded.

16.2Indirect Loss

To the fullest extent permitted by law, Shoot & Cast is not liable for indirect, incidental or consequential loss, including loss of profit, travel costs, missed connections or reputational loss, except where liability is imposed by law.

16.3Refund Liability

Refund rights and obligations are governed by Section 7, the Refund Policy, the Booking Confirmation and applicable law. This limitation section does not override a refund right expressly granted under those documents or mandatory law.

17Indemnity

17.1User Responsibility

To the fullest extent permitted by law, each User indemnifies Shoot & Cast against losses arising from that User's own unlawful conduct, breach of these Terms, fraud, negligence or infringement of third-party rights, to the extent legally recoverable.

18Disputes and Governing Law

18.1Good-Faith Resolution

Parties should first attempt in good faith to resolve disputes through written communication with Shoot & Cast. This does not prevent any party from exercising a non-waivable statutory right or approaching a court or tribunal with jurisdiction.

18.2Governing Law

These Terms are governed by the laws of the Republic of South Africa, subject to any mandatory law that applies to a cross-border Experience or Customer.

19Electronic Communications and Records

19.1Electronic Acceptance

Electronic acceptance, checkboxes, confirmations and electronic signatures may constitute legally binding acceptance to the extent recognised by law.

19.2Records

Shoot & Cast may retain electronic records of accounts, Bookings, payments, refunds, recovery efforts, communications, documents and electronic acceptances for lawful operational, financial, compliance and dispute-resolution purposes.

20General Provisions

20.1Incorporated Documents

These Terms must be read with the Privacy Policy, Liability Waiver, Refund Policy, Booking Confirmation, Experience-specific terms and, for Operators, the Operator Agreement and applicable commercial schedule.

20.2Order of Precedence

Mandatory law prevails first. For a specific Booking, the Booking Confirmation and expressly agreed Booking-specific terms prevail over general website information. The Operator Agreement governs the commercial relationship between Shoot & Cast and an Operator where it directly conflicts with these customer-facing Terms.

20.3Amendments

Shoot & Cast may amend these Terms where reasonably necessary for legal, regulatory, operational, payment or commercial reasons. The version in force when a Booking is confirmed will ordinarily govern that Booking unless law or an agreed amendment requires otherwise.

20.4Severability

If any provision is unlawful or unenforceable, it shall be limited or severed only to the extent necessary and the remaining provisions continue in force.

20.5Contact

General enquiries may be directed to info@shootandcast.co.za. Refund requests must be submitted through the refund contact method published on the Platform.