Terms & Conditions

Last updated: 20 October 2026 · Version 2.1

1. Acceptance of These Terms

These Terms & Conditions ("Terms") are a legally binding agreement that governs your access to and use of the WingItGuide website, mobile applications, and services (together, the "Platform"). By accessing or using the Platform, creating an account, or making or accepting a booking, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Platform. Before you confirm a Booking, you select Continue (or Confirm on a free Booking) to accept these Terms, including the Important clauses in bold. If the Booking covers more than one person, selecting Continue or Confirm accepts these Terms for every participant on every ticket in that Booking, not only for the person who books.

These Terms apply to everyone who uses the Platform, including customers who book activities ("Customers") and the independent businesses and operators who list and provide those activities ("Vendors"). The Platform is offered to users worldwide; by using it you confirm that you are at least 18 years old (or the age of majority where you live) and legally able to enter into a binding contract. If you are a Vendor, the WingItGuide Vendor Agreement also applies to you; if it conflicts with these Terms, the Vendor Agreement prevails between you and us.

2. Important Notice – Key Terms That Affect Your Rights

Please read these Terms carefully. They contain important provisions that limit our liability and define where legal responsibility lies. In plain language:

WingItGuide is a marketplace, not the provider of any Activity. We act only as the Vendor's limited agent to take your Booking and collect your payment on the Vendor's behalf (Sections 3–5).
Your contract for the Activity is with the Vendor, not with us. We are not a party to it (Section 5).
The Vendor is responsible for the Activity — safety, staff, licences, insurance, and delivering what was listed — and, as between you, us, and the Vendor, for any injury, death, loss, or damage it causes (Sections 6 and 10).
Some Activities carry a risk of serious injury or death. You accept the inherent risks of the Activity you choose (Section 8).
Our liability to you is limited, and some losses are excluded (Sections 10 and 12). These limits never apply to our gross negligence, fraud, or wilful misconduct, to death or injury caused by our own act or omission, to refunds owed to you, or to rights the law says you cannot give up.
You agree to cover our losses if you break these Terms or the law (Section 11).
If part of these Terms is invalid, only that part is cut back; the rest still applies (Section 26.1).

These provisions are brought to your attention here, before you book, and are explained again in full where they appear below. Before you confirm a Booking, you select Continue (or Confirm on a free Booking) to confirm that you have read, understood, and accept them for every participant on that Booking. Nothing in these Terms removes any right you cannot lawfully be asked to give up, including your rights under the Consumer Protection Act, 2008 and the Electronic Communications and Transactions Act, 2002.

3. Our Role – Marketplace and Limited Agent of the Vendor

Important: WingItGuide is an online marketplace, not the provider of any Activity. We connect Customers with independent Vendors. We do not own, operate, manage, supply, control, or deliver any Activity, and we are not a tour operator, organiser, co-organiser, or guide for any Activity. We do not act as your agent.

We act only as the Vendor's limited agent, with authority to do three things on the Vendor's behalf: (a) show the Vendor's listings and accept Bookings on the terms the Vendor sets; (b) collect your payment; and (c) process cancellations and refunds as these Terms allow. We have no other authority, and we never become a party to the contract between you and the Vendor.

Because we are not the provider, and to the extent permitted by law, WingItGuide is not responsible for the acts, omissions, representations, or negligence of any Vendor, or for any injury, death, loss, or damage arising from an Activity, except to the extent caused by our own act or omission. This does not affect any right you have under the Consumer Protection Act, 2008 to claim from a person in the supply chain.

4. Definitions

"Platform" — the WingItGuide website, apps, and related services.
"Vendor" — the independent third-party business or operator that lists and provides an activity.
"Customer" — any person who books, purchases, or participates in an activity.
"Participant" — each person counted on a Booking, including the person who books and every other person covered by a ticket in that Booking.
"Activity" — any tour, experience, event, class, rental, or other service listed by a Vendor.
"Booking" — a confirmed reservation for an Activity made through the Platform, which may cover one or more Participants and tickets.
"Content" — any text, images, reviews, ratings, or other material submitted to the Platform.
"WingItGuide Parties" — WingItGuide and its holding companies, subsidiaries, affiliates, and their respective directors, officers, employees, agents, and contractors.

5. Your Contract Is With the Vendor

When you book an Activity, a direct contract is formed between you and the Vendor for the provision of that Activity. WingItGuide is not a party to that contract. You are buying the Activity from the Vendor, not from us, and the Vendor is solely responsible for providing it.

The Vendor's own terms, rules, conditions, age and health requirements, safety briefings, and cancellation policies apply to your Booking in addition to these Terms. It is your responsibility to read and comply with them. Where there is a conflict between a Vendor's terms and these Terms in respect of the Activity itself, the Vendor's terms govern the relationship between you and the Vendor, to the extent they are lawful.

Any dispute, claim, complaint, or request for a refund, remedy, or compensation relating to an Activity is a matter between you and the Vendor. You agree to raise and pursue any such matter directly with the Vendor. We may, at our discretion and as a goodwill gesture only, help facilitate communication, but we are under no obligation to do so and assume no liability by doing so. This does not limit your right to contact us under Section 16.2 or to use any dispute route the law gives you.

6. Vendor Responsibilities & Sole Liability

Who runs your activity

Important: WingItGuide lists activities run by independent organisers, including businesses, guides and volunteers. We don't run, lead, guide or supervise any activity, whether it is paid or free. Your agreement for the activity is with the organiser. The organiser alone is responsible for the activity, including its planning, route, equipment, staff, and your safety.

Important: Many activities, especially outdoor ones such as hiking, carry real risks. These include slips and falls, injury, exposure to weather, wildlife, remote locations far from medical help, and in rare cases serious injury or death. Before you book or join, read the activity's risk information. Make sure you are fit and equipped for it, and follow the organiser's instructions. You choose to take part, and you do so at your own risk.

Important: Free activities are offered by their organisers at no charge, and WingItGuide receives no payment for them. Joining a free activity through the Platform creates no agreement between you and WingItGuide for that activity.

The Vendor is solely and exclusively responsible and liable for the Activity and for all legal claims arising from or relating to it. This includes, without limitation, sole responsibility and liability for any injury, illness, death, property damage, financial loss, or other harm suffered by any Customer or third party in connection with an Activity, whether caused by the Vendor's negligence or otherwise.

By listing an Activity on the Platform, each Vendor represents, warrants, and agrees that it shall, at its own cost:

Hold and maintain all registrations, licences, permits, approvals, certifications, and authorisations required by law to operate the Activity;
Maintain adequate public liability insurance (and any other insurance required for the Activity), and provide proof of such insurance on request;
Comply with all applicable laws, regulations, health, safety, and consumer-protection requirements, and industry standards;
Operate the Activity safely, competently, and with appropriately trained, qualified, and vetted staff;
State clearly in the listing, before a Customer books, any material risks of the Activity (including any risk of serious injury or death) and any age, health, fitness, or skill requirements;
Give participants a safety briefing and have suitable emergency and first-aid procedures in place;
Ensure all listing information — descriptions, pricing, availability, inclusions, restrictions, and safety requirements — is accurate, current, lawful, and not misleading;
Honour all confirmed Bookings and its own published cancellation and refund policy;
Be solely responsible for handling, investigating, defending, settling, and satisfying any claim, complaint, dispute, fine, penalty, or legal proceeding relating to the Activity.

The Vendor assumes full legal responsibility for the Activity and shall not represent or imply that WingItGuide bears any such responsibility or that WingItGuide is the provider of, or a party to, the Activity. As between WingItGuide and the Vendor, the Vendor bears all liability for the Activity, including any liability that may arise for anyone in the supply chain under section 61 of the Consumer Protection Act, 2008. This allocation does not reduce any right a Customer has under that Act.

7. Listing Information & No Endorsement

All listing information on the Platform — including descriptions, photographs, prices, availability, ratings, inclusions, and safety information — is provided by the Vendors themselves. Vendors are responsible for keeping this information accurate and up to date. While we may carry out basic checks, we do not verify, guarantee, or endorse any Vendor, Activity, or listing information, and we are not responsible for any error, inaccuracy, or omission in it.

The inclusion of a Vendor or Activity on the Platform is not a recommendation or endorsement by WingItGuide. You are responsible for satisfying yourself, before booking, that an Activity and Vendor are suitable and appropriate for your needs.

8. Assumption of Risk

Important – risk of serious injury or death. Many Activities on the Platform, especially outdoor, adventure, water-based, and physical Activities, carry inherent risks, including serious injury, illness, permanent disability, or death. Inherent risks are risks that are part of the Activity itself and cannot be removed by reasonable care, such as weather, sea and terrain conditions, wildlife, physical effort, and the risks the Vendor describes in its listing and safety briefing.

By booking and taking part, you knowingly and voluntarily accept those inherent risks. If you book for others, you confirm that you have told them about these risks and the listing's requirements and, for a minor, that you are their parent or guardian. You also confirm that each participant is fit to take part. You confirm this by selecting Continue (or Confirm) before you book. If you book for more than one person, that confirmation covers every participant on every ticket in the Booking.

You must read the listing's risk and requirement information, tell the Vendor about any relevant medical or physical condition, and follow all instructions and safety briefings. This Section does not ask you to accept any risk caused by the negligence, gross negligence, or wilful misconduct of WingItGuide, or any risk you cannot lawfully be asked to accept.

9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, WingItGuide makes no warranties or representations, express or implied, regarding the Platform, any Vendor, or any Activity, including about accuracy or availability.

We do not warrant that any Activity will meet your expectations, that listings are error-free, or that the Platform will be uninterrupted, timely, secure, or error-free. We do not endorse, guarantee, or assume responsibility for any Vendor or Activity. This Section applies to the extent permitted by law and does not exclude any warranty or right that cannot lawfully be excluded, including your rights under the Consumer Protection Act, 2008 to quality services and to safe, good-quality goods.

10. Limitation of Our Liability

Important – this Section limits our liability to you. Please read it carefully.

To the extent permitted by law, the WingItGuide Parties are not liable to you (in contract, in delict, under statute, or otherwise) for:

anything done or not done by a Vendor or another user, including the Vendor's negligence;
any injury, death, illness, loss, or damage arising from an Activity, except to the extent caused by our own act or omission;
the cancellation, change, delay, or poor performance of an Activity by the Vendor (your refund rights under Section 16 still apply);
indirect or consequential loss, or loss of profit, income, business, data, goodwill, or expected savings; or
loss caused by events beyond our reasonable control (Section 13).

If we are liable to you despite the above, our total liability for all claims relating to a Booking is limited to the greater of the commission WingItGuide earned on that booking or R1,000. Where no Booking is involved, it is limited to R1,000. This cap does not reduce any refund owed to you under these Terms or the law.

Nothing in these Terms excludes or limits our liability: (a) for death or personal injury caused by our own act or omission, including negligence; (b) for our gross negligence, fraud, or wilful misconduct; (c) for any refund owed to you; or (d) for any liability, or any consumer right, that the law does not allow us to exclude or limit, including under the Consumer Protection Act, 2008.

11. Indemnification

Important – you may have to cover our losses.

11.1 Customers. To the extent permitted by law, you agree to compensate the WingItGuide Parties for reasonable losses, costs, and legal fees they suffer because of a claim by someone else that arises from: (a) your breach of these Terms; (b) your fraud or unlawful conduct; (c) false information you gave us or a Vendor; or (d) Content you submit. This does not apply to the extent the loss was caused by our own act or omission, and it does not make you responsible for a Vendor's conduct.

11.2 Vendors. Each Vendor indemnifies and holds harmless the WingItGuide Parties against all claims, demands, proceedings, losses, fines, penalties, and costs (including reasonable legal fees) arising from the Vendor's Activity, listings, staff, breach of these Terms or of the Vendor Agreement, or breach of law, including claims for injury, death, loss, or damage, claims under the Consumer Protection Act, 2008, and claims arising from missing licences, permits, or insurance. The Vendor Agreement sets out the full Vendor indemnity.

12. Release

Important – release of claims about Vendors. Because your contract for an Activity is with the Vendor, you agree to seek any remedy for the Activity directly from the Vendor and, to the extent permitted by law, you release the WingItGuide Parties from claims arising from a Vendor's acts or omissions or from a dispute between you and a Vendor. This release does not cover: our own act or omission, gross negligence, fraud, or wilful misconduct; death or personal injury caused by us; any refund owed to you under Section 16; or any right you cannot lawfully give up.

13. Events Beyond Our Control (Force Majeure)

WingItGuide shall not be liable for any failure or delay in performing its obligations under these Terms where that failure or delay results from any cause beyond our reasonable control. This includes, without limitation, acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes or labour disputes, government action or restrictions, power or network failures, and failures of third-party providers, payment processors, or telecommunications. This does not affect any refund due to you for an Activity that does not take place.

14. Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, employment, franchise, or fiduciary relationship between WingItGuide and any Customer or Vendor. Vendors are independent businesses, not employees, agents, or representatives of WingItGuide. Except where we expressly act as a Vendor's limited agent to facilitate a booking or collect payment on the Vendor's behalf, no party has authority to bind, or to act on behalf of, any other party.

15. Pricing, Payments & Fees

Prices for Activities are set by the Vendor and shown on the Platform. Where we collect payment, we do so on the Vendor's behalf as their limited payment-collection agent; payment of the Activity price to us discharges your payment obligation to the Vendor for that amount. Payments are processed by third-party payment processors, and we do not store full card details. You agree to pay all amounts due for your Bookings, including any applicable taxes and service fees, which will be disclosed to you before you confirm.

WingItGuide earns a commission from the Vendor on each Booking. The commission is paid by the Vendor and is not added to the Activity price you pay. Any service fee charged to you is shown separately before you confirm.

16. Cancellations, Refunds & Changes

Customer-initiated cancellation, rescheduling, and refund eligibility are governed by the Vendor's listing policy for the relevant Activity, shown at the time of booking, together with any mandatory rights you have under applicable law. Where we facilitate a refund, we do so on the Vendor's behalf. Where the Consumer Protection Act, 2008 gives you a right to cancel an advance booking, the Vendor may charge only a reasonable cancellation fee, and the Vendor's policy applies subject to that right.

16.1 When a Vendor cancels before the Activity starts

If a Vendor cancels a confirmed or pending Booking before the Activity start time, the Customer receives a full refund of the amount paid for that Booking. The Vendor must tell the Customer why, in a message the Customer can read. That date and start time is then closed: it cannot be sold again on the Platform or at the Vendor's point-of-sale till for that departure.

A Vendor must choose one of the following reasons. The first three apply only when the departure cannot run for a cause that is not in the Vendor's control. Other applies when the Vendor could have run the departure and chose not to.

Weather — conditions make this departure unsafe. Not a quiet day or too few bookings.
Safety or venue — the boat, site, or venue cannot run safely. Not short-staffed or oversold.
Emergency or illness — something sudden and not in the Vendor's control stops this departure: the operator or skipper is seriously ill, a death in the family, or the vessel failed and the trip cannot run. Not understaffed, double-booked, not enough guests, or a larger cash group.
Other — in the Vendor's control (fee applies) — including not enough guests, double-booking, staffing, or preferring a private group. In that case we debit the Vendor, from the next payout (and as a negative balance if none is due), an amount equal to that Booking's commission plus the original card processing fee on the charge. We do not add a further percentage on top of commission. Weather, safety, and emergency cancellations do not carry that debit; we absorb the card processing fee on those.

A Vendor must not ask a Customer to cancel through the Customer's own cancellation path in order to avoid a Vendor-cancel fee. That is treated as a Vendor cancellation.

16.2 After the Activity

After the Activity start time, Vendors cannot refund from the Bookings menu. Customers who have a problem should email [email protected] and quote their booking reference. WingItGuide may refund the Customer without waiting for the Vendor's consent, and may recover that amount from the Vendor's payouts where we reasonably find the experience was not delivered as listed, unless we mark it as a platform error. The Vendor may dispute the debit after the fact with evidence; that cannot block the Customer's refund.

Date changes are not a Platform product. If the departure cannot run, the Vendor cancels; the Customer is refunded and may book another date as a new Booking if they wish.

17. Your Account & Acceptable Use

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree not to:

Provide false, inaccurate, or misleading information;
Use the Platform for any unlawful, fraudulent, or abusive purpose;
Interfere with, disrupt, or attempt to gain unauthorised access to the Platform or its systems;
Scrape, copy, or harvest data without permission;
Circumvent the Platform to avoid fees, or transact off-platform to evade these Terms.

18. Reviews & User Content

You may submit reviews, ratings, and other Content. You are solely responsible for your Content and represent that it is accurate, lawful, and does not infringe the rights of others. By submitting Content, you grant WingItGuide a non-exclusive, worldwide, royalty-free, transferable licence to use, host, store, reproduce, display, and distribute it in connection with the Platform. We may remove Content that violates these Terms or applicable law at our discretion.

19. Intellectual Property

The Platform, including its design, software, text, graphics, and logos, is owned by or licensed to WingItGuide and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Platform without our prior written consent.

20. Third-Party Services

The Platform may link to or integrate third-party services (such as payment processors, mapping providers, and bot protection). We are not responsible for the content, policies, or practices of any third party. Your use of those services is governed by their own terms.

21. Privacy

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. By using the Platform you acknowledge that we will process your personal data as described there. To deliver your Booking, WingItGuide shares the booking details the Vendor needs (such as names, contact details, participant details, and any information you give for the Activity) with that Vendor. The Vendor uses them as a separate responsible party under the Protection of Personal Information Act, 2013 and must handle them lawfully.

22. Electronic Communications & Notices

You agree that we may communicate with you electronically — by email, by messages within the Platform, or by posting notices on the Platform — and that electronic communications satisfy any legal requirement that communications be in writing. Notices to us should be sent to the contact address in Section 27. It is your responsibility to keep your contact details current.

23. Suspension & Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if you breach these Terms, create risk or legal exposure, or for any other lawful reason. You may stop using the Platform at any time. Provisions that by their nature should survive termination — including those on liability, indemnification, release, and governing law — will survive. Termination does not affect a Booking already confirmed or any refund due to you.

24. Governing Law & Disputes

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the law of the Republic of South Africa. The courts of the Western Cape Division of the High Court, Cape Town, or the Magistrate's Court in Cape Town where it has jurisdiction have non-exclusive jurisdiction. If you are a consumer in South Africa, you may also use any dispute route the Consumer Protection Act, 2008 gives you, such as an accredited ombud, a provincial consumer court, or the National Consumer Commission.

If you are a consumer, you also enjoy the protection of any mandatory provisions of the law of the country in which you reside. Nothing in these Terms, including this Section, deprives you of the protection of those mandatory provisions, or of your right to bring proceedings in your local courts where the law gives you that right.

Before bringing any formal claim, you agree to first contact us using the details in Section 27 so that we can try to resolve the matter informally and in good faith.

25. Changes to These Terms

We may update these Terms from time to time. We will revise the "Last updated" date and version above. Material changes take effect on the date we state, and we will tell registered users about them by email or on the Platform before then. Changes do not apply to a Booking already confirmed, unless the law requires it. Your continued use of the Platform after changes take effect means you accept the updated Terms. If you do not agree to a change, you must stop using the Platform.

26. General Provisions & Severability

26.1 Severability and read-down

Each clause of these Terms, and each part of a clause, is separate. Every exclusion, limit, indemnity, release, and assumption of risk in these Terms applies only to the extent permitted by law. If a court or other competent authority finds any part invalid, unlawful, or unenforceable (including under the Consumer Protection Act, 2008), that part is read down to the extent needed to make it valid or, if that is not possible, removed. The rest of the clause and of these Terms continues to apply.

26.2 Other terms

Our failure to enforce any right is not a waiver of it. You may not assign or transfer these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries to these Terms other than the WingItGuide Parties. Headings are for convenience only. These Terms, together with the Privacy Policy and any Vendor terms applicable to a Booking, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements on that subject.

27. Contact Us

Questions about these Terms? Contact us:

Email: [email protected]
Response Time: We aim to respond to all inquiries within 5 business days

28. Supplier Information & Your Rights

The Electronic Communications and Transactions Act, 2002 (section 43) requires us to give you this information:

Full name and legal status: WingItGuide
Physical address: [email protected]
Address for service of legal documents: [email protected]
Email: [email protected]
Website: https://wingitguide.com/
The Vendor: the Vendor's business name is shown on the listing and your booking confirmation.
The Activity, full price, and payment: each listing and the checkout page show the Activity details, the full price in ZAR (including any service fee and taxes), and the payment methods. Payments are processed by Paystack.
Delivery: the Vendor delivers the Activity on the date and at the time of your Booking.
Cancellations and refunds: see Section 16 and the Vendor's listing policy.
Your transaction record: you receive a booking confirmation by email.
Security and privacy: payments are processed by Paystack, and we do not store full card details. See our Privacy Policy.

Before you pay, checkout lets you review your whole Booking, correct any mistakes, and cancel before you confirm.

Cooling-off: the seven-day cooling-off right in section 44 of the Electronic Communications and Transactions Act does not apply to leisure services that are to be provided on a specific date or within a specific period (section 42(2)). Most Bookings are of this kind. Your cancellation rights are set out in Section 16 and in the Consumer Protection Act, 2008.