Terms and Conditions

Last Modified: 20 March 2020

Support

We would like to make your experience of the use of our platform as positive as possible. In the case that you do encounter any problems when using our service, please let us know. We are passionate about offering customer care. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these Terms and Conditions.

Terms of Use

These Terms and Conditions – that may be amended at our discretion – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a reservation through our platform you acknowledge and agree that you have read the below Terms and Conditions and you agree to these Terms and Conditions. We advise you to carefully read the Terms and Conditions, so you fully understand the rights and obligations you have in relation to your use of the platform.

Annotations:

“The annotation In other words: contains a short explanation but is not legally binding.”

 

General

  1. These Terms and Conditions apply to every use made of the platform. On the platform, as developed by TourSouthAfrica, you can find, compare and book travel experiences anywhere in the world (“Platform”).
  2. If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms and Conditions. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.
  3. To the best of its ability, TourSouthAfrica will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”). Each and every use of the Platform is for your own risk and responsibility.
  4. TourSouthAfrica is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.

In other words:

“Sometimes it is necessary for us to make changes or improvements to our service or to our Terms and Conditions. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility.”

 

Use of the Platform

  1. In using the Platform, you can view all offers published by organizers (“Partners”), submit requests (“Requests”) with the Organizers, make a reservation (“Reservation”) for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organizer if the Organizer accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints or remarks about an Organizer, an Experience Offer, a Reservation or a Request, you can TourSouthAfrica through the Platform.
  2. The Experience Offers are subject to the Organizer’s terms and conditions, as well as all agreements between you and the Organizer. TourSouthAfrica shall never become a party to an agreement between an Organizer and you. We advise you to carefully read the Organizer’s terms and conditions like Cancellation Policies/ Payment Terms, since they may entail legal obligations and it is your responsibility to adhere to such obligations. TourSouthAfrica accepts no responsibility whatsoever for any decisions made by you based on the content of TourSouthAfrica and/or the Organizers on the Platform, unless stated otherwise in these Terms and Conditions.
  3. You and the Organizer are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your confirmation email, where you will find all relevant instructions.
  4. You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify TourSouthAfrica from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.
  5. Finally, when using our Platform you shall adhere to the following rules. You may not:
  6. use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
  7. deliberately involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content on the Platform;
  8. reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
  9. remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.

In other words:

“After you’ve chosen a trip, made a reservation for this trip and entered all of your correct personal data, you will engage in a contract with the actual organizer of the trip. TourSouthAfrica can in no way be held responsible if issues (however unlikely) arise between you and the trip organizer, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc.”

 

Prices and Payment

  1. TourSouthAfrica collects the Tour Price from the Customer immediately after a booking was made by way of
    • Electronic Fund Transfer/Bank Deposit/Wire Transfer, or
    • Credit Card Payment,

-as initial deposit payment as specified by the specific Organizer,

-or the full amount in the case where no deposit is required.

  1. An invoice requesting payment for the balance in the case where a deposit was paid will be e-mailed to the Customer by TourSouthAfrica when payment is due according to Organizer’s payment terms. 
  2. Your use of the Platform is free of charge. Organizers charge their own fees for the Experience Offers. 
  3. When using the Platform, you will be able to convert the prices of Experience Offers to the available currencies. Such converted prices are indicative. At the moment of payment, the price of the Experience Offer will be converted in real-time to the currency as specified by the Organizer. This amount may differ from the amount displayed at an earlier moment. The price displayed after such real-time conversion will be the amount you are due for the relevant Reservation.
  4. Since the Organizers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, TourSouthAfrica is not responsible for and has no influence on the applicable payment terms.
  5. In the case where the Customer default on any payment, TourSouthAfrica in agreement of the Organizer may cancel the booking.

In other words:

“The use of our platform is free of charge. Please be aware that specific payment terms of the organizers apply to payment of the trips.”

 

IP Rights

  1. All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow (“IP Rights”), are owned by TourSouthAfrica, its licensors or our Organizers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from TourSouthAfrica to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.
  2. By uploading reviews and other content, you grant TourSouthAfrica a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
  3. You represent and warrant that you have all rights to grant the licenses as laid down in Article 4.2 of these Terms of Use, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify TourSouthAfrica against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.

In other words:

“Please respect our intellectual property rights and the rights of the trip organizers. We do the same with the content you upload; your content will preserve whatever copyright and other IP rights it had when uploading to our platform.”

 

Liability

  1. TourSouthAfrica’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of ZAR 2500 in a contracting year per event (a sequence of events will be regarded as one event).
  2. Direct damage shall solely mean:
  3. Damage to property;
  4. Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
  5. reasonable costs incurred in determining the cause of the damage.
  6. Any liability on TourSouthAfrica’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
  7. In case you made a Reservation or booked an Experience Offer with the Organizer directly, while you initiated the contact with the Organizer through our Platform and you did not inform us immediately – in every case within three (3) working days and under no circumstances after the date of arrival – about such act outside our Platform, TourSouthAfrica will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
  8. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of TourSouthAfrica or its managers (“own actions”).

In other words:

“In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay damages of over ZAR 2500, except in the unthinkable event of us causing a problem intentionally or acted recklessly.”

 

Warranties and indemnifications

  1. Except as expressly provided in these Terms and Conditions, TourSouthAfrica makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, TourSouthAfrica does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.
  2. The conclusion and performance of Reservations, including any payment obligation resulting there from, as well as the cancellation of Reservations is the sole responsibility of you and an Organizer. You indemnify TourSouthAfrica from all claims submitted by an Organizer or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, TourSouthAfrica will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.
  3. Notwithstanding the abovementioned, TourSouthAfrica guarantees that you get a refund of what you have paid when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation.
  4. You guarantee that you will not use the Platform in a way that:
  5. infringes the rights of TourSouthAfrica or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
  6. is contrary to any current legislation or regulations; or
  7. is contrary to any provision in these Terms and Conditions.

In other words:

“Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility.”

 

Unlawful content

  1. TourSouthAfrica is not responsible for any content made available on the Platform. TourSouthAfrica will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behaviour after receiving a notification that is sufficiently precise and adequately substantiated.
  2. TourSouthAfrica has established a procedure, by which any alleged unlawful content available on the Platform can be reported to TourSouthAfrica. This can be done by flagging the specific content as unlawful, whereupon TourSouthAfrica shall receive a notification.
  3. TourSouthAfrica reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation TourSouthAfrica can request a court order from a competent court in South Africa to determine whether the material or the activity is unlawful and should be removed.
  4. TourSouthAfrica will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
  5. The person that has reported unlawful content indemnifies TourSouthAfrica from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs TourSouthAfrica suffers, could suffer or which TourSouthAfrica incur in relation to such a claim, including but not limited to the compensation of legal assistance.
  6. TourSouthAfrica respects and protects the privacy of those who report (alleged) unlawful content. All personal data TourSouthAfrica receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.

In other words:

“In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content.”

 

Applicable law and competent court

  1. The Terms and Conditions and the use of the Platform are governed by South African law. Any and all disputes arising from or related any agreement between Parties will be brought before the competent court in Pretoria.
  2. TourSouthAfrica may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without TourSouthAfrica’s prior written consent.
  3. If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.