Refund policy

At ProtecTour SA, we are committed to ensuring your satisfaction with our emergency alert button web app, designed to provide safety and peace of mind for tourists visiting South Africa. This Refund and Returns Policy outlines the conditions under which you may request a refund or terminate your subscription to our digital service. As a company offering a digital product to customers in the European Union (EU), including the Netherlands, we comply with EU consumer protection laws, specifically the EU Consumer Rights Directive (2011/83/EU) and Dutch consumer protection regulations as implemented in the Dutch Civil Code (DCC).

This policy applies to purchases made through our website, www.protectoursa.com, and covers the digital service provided by our emergency alert button web app, which connects users to our 24/7 Incident Management Centre (IMC).

1. Right of Withdrawal (Cooling-Off Period)

Under EU and Dutch consumer protection laws, you have the right to withdraw from a distance contract (e.g., online purchases) within 14 calendar days without providing any reason. This cooling-off period applies to the purchase of our digital service, subject to the exceptions outlined below.

  • Start of the Cooling-Off Period: The 14-day period begins the day after you enter into the contract for our digital service (i.e., the day you purchase or subscribe to the ProtecTour SA emergency alert button web app).
  • Exercising Your Right of Withdrawal: To withdraw, you must inform us of your decision to cancel the contract within the 14-day period. You can do this by:
    • Sending an email to support@protectoursa.com with your name, order number, and a clear statement of your intent to withdraw.
    • Using the model withdrawal form provided by the European Consumer Centre (available at www.eccnederland.nl) and sending it to us via email.
    • Refund Process: If you exercise your right of withdrawal within the 14 days, we will refund all payments received for the service within 14 days from the day we receive your withdrawal notice. The refund will be issued using the same payment method you used for the purchase, unless otherwise agreed, with no additional fees.

Exception for Digital Content: Under EU law, the right of withdrawal does not apply to digital content or services (such as our emergency alert button web app) if:

  • You have expressly consented to the immediate start of the service (e.g., accessing the web app) during the cooling-off period, and
  • You have acknowledged that you lose your right of withdrawal once the service begins.
    When you purchase or subscribe to our service, we will request your explicit consent to start the service immediately and confirm that you waive your right of withdrawal. If you do not consent, the service will not be activated until the 14-day cooling-off period expires.

2. Statutory Guarantee for Digital Services

Following EU Directive 2019/770 and Dutch regulations (implemented in DCC paragraph 7.1aa), you are entitled to a statutory guarantee ensuring that our digital service (the emergency alert button web app) is free from defects and conforms to the contract. This guarantee applies for the duration of the service as specified in your subscription agreement.

  • Conformity Requirements: The service must:
    • Match the description provided on our website (e.g., provide access to the emergency alert button and 24/7 IMC support).
    • Be suitable for the purpose for which it was advertised (e.g., providing immediate emergency assistance for tourists in South Africa).
    • Meet reasonable expectations for quality and performance, including regular updates to ensure proper functionality and security.
  • Duration of Guarantee: For continuous services (e.g., a subscription to our web app), the guarantee applies for the entire duration of the service contract. If a defect becomes apparent, it is assumed to have existed throughout the contract period unless we can prove otherwise.
  • Remedies for Non-Conformity: If the service is defective (e.g., the web app fails to function as advertised or does not connect to the IMC), you are entitled to:
    • Request that we fix the issue (e.g., provide updates or technical support) at no cost within a reasonable time and without significant inconvenience.
    • Request a price reduction proportional to the defect.
    • Terminate the contract and receive a refund if the defect cannot be fixed or if the repair causes significant inconvenience.
  • No Obligation to Complain: Unlike physical goods, there is no requirement to notify us of a defect within a specific timeframe (e.g., two months) for digital services. You may raise a claim at any time during the service period, subject to a minimum 2-year guarantee period.

3. Refunds for Faulty or Non-Conforming Services

If the emergency alert button web app does not work as advertised or is faulty, you are entitled to a remedy under the statutory guarantee. To request a remedy:

  • Contact our support team at support@protectoursa.com with details of the issue, including your order number and a description of the problem.
  • We will investigate and attempt to resolve the issue (e.g., through technical support or updates) within a reasonable time.
  • If the issue cannot be resolved, you may request a price reduction or terminate the contract and receive a full or partial refund, depending on the nature of the defect.

For example, if the web app fails to send an alert to our IMC due to a technical issue on our end, we will either fix the problem or offer a refund. If the issue is due to user error (e.g., incorrect installation not following provided instructions), we will provide guidance to resolve it but may not offer a refund unless required by law.

4. Refunds for Subscriptions

If you have subscribed to our emergency alert button web app regularly (e.g., monthly or yearly), the following applies:

  • Cancellation: You may cancel your subscription at any time by contacting us at support@protectoursa.com or through your account settings on our website. Cancellation will take effect at the end of the current billing period, and no further charges will be applied.
  • Refunds for Subscriptions: Refunds for subscription payments are subject to the right of withdrawal (see Section 1) and statutory guarantee (see Section 2). We do not offer partial refunds for the unused portion of a subscription period unless the service is defective or not as advertised.
  • Personal Data: If you provide personal data in exchange for access to our service (e.g., as part of a promotional offer), you have the same rights as if you paid with money. If you terminate the contract due to a defect, we will cease using your data and provide you with the option to retrieve any content you created (if applicable).

5. Exceptions to Refunds

Refunds will not be provided in the following cases, as permitted by EU and Dutch law:

  • Service Already Accessed: If you have accessed the emergency alert button web app and explicitly consented to waive your right of withdrawal (see Section 1).
  • User Error: If the service does not function due to improper use or failure to follow provided instructions (e.g., not enabling location services required for the app to work).
  • Third-Party Issues: If the issue is caused by third-party services (e.g., internet connectivity or device compatibility issues) not under our control.
  • Promotional Offers: If the service was provided as part of a free or promotional offer and no payment was made, unless the service is defective.

6. Burden of Proof

For defects that appear within 12 months of purchasing or subscribing to our service, it is assumed the defect existed at the time of sale unless we can prove otherwise (reversed burden of proof). After 12 months, you may need to demonstrate that the defect was not caused by misuse. For continuous services, the burden of proof remains on us for the entire duration of the contract.

7. How to Request a Refund

To request a refund or report an issue with the service:

  • Contact Us: Email support@protectoursa.com with your order number, a description of the issue, and your refund request.
  • Processing Time: We will respond to your request within 2 business days and process any approved refunds within 14 days using the original payment method.
  • Supporting Information: Please provide any relevant details (e.g., screenshots of error messages) to help us resolve your issue quickly.

8. Updates and Maintenance

We are committed to providing regular security and software updates to ensure the emergency alert button web app functions properly. You will be notified of available updates through the app or via email. You are responsible for installing updates as instructed. Failure to install updates may affect the service’s performance, but we will provide clear instructions to assist you.

9. Data Protection

If you provide personal data as part of your subscription or use of the service, we handle it in accordance with the EU General Data Protection Regulation (GDPR) and Dutch data protection laws. If you terminate your contract, we will cease using your data for the service and provide you with the option to retrieve any user-generated content, if applicable. For more details, see our Privacy Policy.

10. Contact Us

For any questions or concerns about this Refund and Returns Policy or to initiate a refund request, please contact us:

If you are in the Netherlands or another EU country and need assistance with a cross-border issue, you can contact the European Consumer Centre (ECC) Netherlands at www.eccnederland.nl for free legal advice and mediation.

11. Statutory Rights

This policy does not affect your statutory rights under EU or Dutch consumer protection laws. If any part of this policy is found to be less favourable than your legal rights, the statutory provisions will take precedence.

Last Updated: August 14, 2025