Terms of Service

TERMS OF SERVICE

TOURS AFRICA

1. 1.  Legally binding agreement

1.1    Your acceptance of these terms of service constitutes a binding legal agreement between Tours Africa (Pty) Ltd, registration number 2017/345232/07, the owner of this website and the provider of the content, products, and services on this website, and you, the user.

1.2    By continuing to use this website, you expressly accept and consent to be bound by the terms of service set out below

2.  Preliminary notice in terms of the Consumer Protection Act, 2008

2.1    YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:

2.1.1    LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF TOURS AFRICA (Pty) Ltd AS THE OWNER OF THIS WEBSITE AND THE SUPPLIER OF THE CONTENT, PRODUCTS, AND SERVICES FOUND ON THIS WEBSITE;

2.1.2    ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;

2.1.3    INDEMNITIES IN FAVOUR OF TOURS AFRICA (Pty) Ltd; OR

2.1.4    AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.

2.2    SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS.

3.  Definitions and interpretation

3.1    In this agreement:

3.1.1    “Agreement” means the binding legal agreement constituted by your acceptance of these terms of service as amended from time to time;

3.1.2    ‘’Business Day’’ means any day other than a Saturday, Sunday or public holiday;

3.1.3    ‘’Business Hours’’ means the hours between 08:00-16:00 Central African Time, on a Business Day;

3.1.4    ‘’Content’’ means any data, information, images, graphics, video, animation, audio, or other copyright protected works, or compilations thereof, in whatever form and on whatever media;

3.1.5    ‘’CPA’’ means the Consumer Protection Act, 2008, as amended from time to time;

3.1.6    ‘’ECT Act’’ means the Electronic Communications and Transactions Act, 2002, as amended from time to time;

3.1.7    “Intellectual property rights” means any trademarks (registered or unregistered), service marks, ‘’look-and-feel’’ designs and other design rights; copyright; company or domain names; confidential or proprietary information; databases, software or code; or any similar rights, whether or not registerable, registered, or application for registration has been made in any part of the world pertaining to or arising from this website or any information, products, or services contained on or provided through this website;

3.1.8    ‘’Services’’ means the tour booking service offered via this website;

3.1.9    “Tour’’ means any trip, excursion, activity or similar booking made through this website, as more fully described on the relevant completed booking form and itinerary provided;

3.1.10    “You/the user” means the person accessing and using this website and the content, products, or services found on or provided through this website;

3.1.11    “website” means this website found at www.toursafrica.co.za, and includes any sub-pages, software, databases, content, graphical user interface, display elements, and other components making up the website, but excludes any links to external websites;

3.2    Any reference in this agreement to:

3.2.1    the singular includes the plural and vice versa;

3.2.2    ‘’person/s’’ includes natural and juristic person/s;

3.2.3    any one gender includes the other genders.

3.3    Clause headings have been inserted for reference purposes only and must not be taken into account when interpreting this agreement.

3.4    Terms not specifically defined in clause 3.1 will be given their normal grammatical meaning, and any terms, acronyms, or phrases known in the travel industry will be interpreted in accordance with their generally accepted meaning in that industry.

3.5    Any reference to ‘’days’’ means calendar days. When calculating any number of days for the purposes of this agreement, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.

3.6    No provision in this agreement must be interpreted to the disadvantage of a party because that party introduced or caused that provision to be included in this agreement.

3.7    The word “include” means “include without limitation”.

3.8    A requirement that any request, claim, demand or other communication made in terms of this agreement must be in writing will be met it is in the form of a data message as defined in the ECT Act, and is accessible in a manner usable for subsequent reference.

3.9    As required by section 22(1) of the CPA, these terms of service have been drafted and displayed in plain language. However, if you do not understand the content, significance and import of any of the provisions of these terms of service, please contact us on +27829500782 or email: admin@toursafrica.co.za

4. 4.    Disclosure of information in terms of section 43 of the ECT Act

4.1    The following information is disclosed in terms of section 43(1) of the ECT Act:

4.1.1    Website owner: Tours Africa (Pty) Ltd, trading as Tours Africa;

4.1.2    Legal status of website owner: A (Pty) Ltd, company

4.1.3    Registration number: 2017/345232/07;

4.1.4    Registered office address: 6 Colyn Road, Kalk Bay, Cape Town, South Africa;

4.1.5    Members: PJ van der Walt

4.1.6    Physical business address: 6 Colyn Road, Kalk Bay, Cape Town, South Africa
(at which address Tours Africa chooses as its domicilium citandi et executandi for the purposes of accepting delivery and service of all documents and process in terms of this agreement);
4.1.7    Telephone number:   +27 0 741794463;
4.1.8    Website address:        http://www.toursafrica.co.za;
4.1.9    Email address:            admin@toursafrica.co.za;

5.  No offer

Nothing contained in this website should be regarded as an offer, but rather as an invitation to do business. No agreement to sell or supply products or services will be concluded until a booking or order for such products or services have been placed by you and accepted by us

We facilitate the processing and booking of accommodation, overland tours, activities and other travel services (the “travel services”). We do not provide, own or run any tours, activities or travel services ourselves and we do not provide, own or run any accommodation.

You confirm that you are of sufficient age to use the Tours Africa Sites lawfully, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of the Tours Africa Sites. You understand that you are financially responsible for all uses of the Tours Africa Sites by you.

When you make a booking using the Tours Africa Sites, you agree to enter into a contract for travel related services and your contract for travel services (including tours, activities and accommodation) is with the travel services provider, not Tours Africa, as we are only acting as agent for the travel services providers. It is the travel services provider's responsibility to provide you with the travel services. We are not responsible for the fulfilment of any booking made through the Tours Africa Sites or for the quality of any accommodation, tours, activities or any other travel services that are booked.

.

6.  Access and use of this website

6.1    Subject to your compliance with these terms of service, we grant to you a limited, non-exclusive, non-transferable, non-sub licensable, royalty-free license to access this website and make personal and non-commercial use of the content found on or provided through this website.

6.2    This license does not entitle you to resell or otherwise make commercial use of this website or any content found on or provided through this website, or to create any derivative use of this website or such content.

6.3    All content published on this website is protected by copyright. Except in terms of the licence granted to you in terms of this agreement, you may not reproduce, sell, display, publish, transmit, distribute, adapt, or create a derivative work from such content for any purpose without our prior written permission.

7.  Availability of this website, content and services

7.1    While we will use our best efforts to ensure that this website and the content, products, and services found on or through this website are available 24 hours a day with minimum disruptions, we cannot guarantee such availability.

7.2    We will not be held liable for any loss or damage caused to you or any person by the non-availability or disrupted availability of this website or any content, products, or services, in whole or in part.

7.3    We will be entitled, without any liability, and at our sole discretion, to refuse, limit, suspend or interrupt your access to this website, in whole or in part, for any reason whatsoever.

8.  Submitting a booking

8.1    A booking and payment can only be made via our onsite booking engine. Inquiries may be submitted via the website.

8.2    To secure your booking, a non refudable admin/booking fee must be paid within 7 (seven) days of receipt of an invoice. Failure to do so will result in the automatic cancellation of your booking.

8.3    The balance of the tour price must be paid 14 days prior to the date of departure or as the Tour Operator requirements.

8.4    A booking should not be regarded as being validly made until you have received confirmation from us.

8.5    We reserve the right to decline any booking submitted for any or no reason at our sole discretion.

8.6    If full payment is not received by due date, your booking will be cancelled.

8.7    Any bookings made within 60 (sixty) days of departure must be accompanied by full payment of the tour cost.

8.8    All tours advertised are conducted in English unless otherwise specified.

8.9    Terms and conditions of Tours Africa and of all of the service suppliers are applicable at all times, in all cases.

9.  Validity of pricing and other information

9.1    We reserve the right to change any prices previously quoted or published on this website before payment is made by you, as a result of any tour operator tariff increases, exchange rate fluctuations or administrative error. The updated prices will be posted on this website as soon as we are made aware of the change.

9.2    Furthermore, we have no control over price increases made by third party suppliers for any tours, or any excursions or activities included in a tour booked through this website, and you will be liable for any price increases even after payment in terms of your booking has been made.

9.3    We charge a 3.5% booking service fee for all reservations.

9.4    Should we submit a quote to you in a foreign currency, all payments must be made, at our sole election, in either South African rand (ZAR). Any bank charges or foreign exchange differences on any payments made by you will be for your account.

10.  Booking cancellations

10.1    All booking cancellations must be made in writing by email and will only be effected once confirmed by us.

10.2    Cancellations made 16 days or more before departure will result in the loss of your deposit and or payments.

10.3    Cancellations made within 14 days before departure will result in the loss of 100% of the tour cost.

10.4  Or as applicable for the terms and conditions as stipulated by the supplier  

11. Refunds

11.1    If a tour is cancelled after being paid for due to no fault on your part, you may elect to either receive a full refund or alternatively book an alternative tour offered by us. Any difference in price will be refunded or charged for separately, as the case may be.

11.2    You will not be entitled to a refund if you do not join a tour that has been booked, or you join late, or you leave the tour prematurely for any reason.

12.  Itinerary changes

12.1    While we will use our best efforts to ensure that tours are conducted as advertised, we reserve the right to make any changes to the itinerary of a tour or to cancel any aspect of the itinerary of a tour without incurring any liability.

12.2    We will use our best efforts to accommodate a request from you to change any reservation made with us, subject to availability and on payment of an administrative fee of US$ 50 or the South African Rand (ZAR) equivalent. If we are not able to accommodate your request, normal cancellation fees in terms of clause 11 will apply. Cancellation fees for any amended reservation will be based on the original booking and departure dates.

13.  Travel requirements

13.1    You are responsible for ensuring that all required documents, passport, visas, health certificates and travel insurance cover can be produced when needed and are valid.

13.2    If you are not able to fulfil a booking due to any such documentation being unavailable or incorrect, normal cancellation fees in terms of clause 11 will apply. We will also not be responsible for any costs incurred by you if you are refused entry into any country.

13.3    You will be responsible for ensuring that you have received all vaccinations required or recommended, and that you have consulted your health professional where necessary, and have taken any precautions regarding any pre-existing medical conditions before conducting any tour.

13.4    Pre-existing medical conditions must be declared at the time of booking and you will be responsible that you have access to all necessary medication that you may need during a tour.

13.5    Your failure to declare any medical condition, illness, or disability may result in you being excluded from a tour without any refund becoming due to you.

13.6    You acknowledge that before conducting a tour you will fully acquaint yourself with the proposed itinerary to ensure that you are medically and physically fit and able to carry out all of the activities on the itinerary. We reserve the right to request a medical certificate and/or indemnity from you should we, in our sole discretion, deem it necessary.

13.7    Anti-malaria precautions are recommended for all tours entering a Malaria zone.

13.8    Comprehensive travel insurance covering cancellation, curtailment, medical, emergency travel and personal accident is compulsory on all tours, but we also recommend that you take out additional insurance cover for loss of baggage, money or personal items. Please note that credit card insurance is not sufficient for overland tours.

13.9    You shall be responsible for arranging your own travel insurance unless we have been contracted to do so on your behalf. World Nomads travel insurance is backed by reputable insurers with 24 hour assistance providers. Why not get a quote today from World Nomads

13.10    You will be entitled to one bag of not more than 20 kg and a small daypack. We reserve the right to refuse excess luggage and large suitcases on budget safaris and overland tours. An extra fee shall be payable if your luggage does not fit on the vehicle.

13.11    We do not accept liability for any loss or damage to baggage or personal effects during any tours or while you are travelling to or from a tour.

13.12    Onward travel arrangements should be booked for the day after the tour is scheduled to end as travel arrangements coinciding with the day that the tour ends could result in you being unable to meet those arrangements. We will not be held responsible for any loss occasioned by you missing any onward travel arrangements.

14. Complaints

14.1    We act as agents between yourself and our affiliated tour operators. We cannot be held responsible for any dissatisfaction you have with any part of the tour booked through this website.

14.2    All complaints should therefore be directed to the relevant tour operator. 

15.  Your obligations

15.1    In addition to any other obligations you have under this agreement, you undertake to:

15.1.1    be fully responsible for assessing whether the services and any tours booked through this website are fit for purpose and adequate to meet your needs;

15.1.2    check that all your travel arrangements, including check-in, arrival, and departure times are correct and do not prevent you from attending any tour booked through this website;

15.1.3    co-operate with and assist us and our affiliated tour operators to provide the services to you effectively and efficiently;

15.1.4    provide us with all information necessary for the proper performance of our obligations under this agreement, and for ensuring that all information given to us is true, accurate, complete, relevant and current;

15.1.5    follow any reasonable instructions issued by us, or our employees, where necessary for the effective and efficient performance of our other obligations under this agreement;

15.1.6    not enter into any direct contractual relationship with any of our affiliated tour operators based on any information you obtained from this website; or do or omit to do anything which may interfere with or unlawfully prejudice or cause harm to our business relationship with our affiliated tour operators;

15.1.7    comply with all applicable laws and regulations when using the services and during tours booked through this website;

16.  Our relationship

16.1    We act as an intermediary between you and our affiliated tour operators in respect of any tours booked through this website. We therefore cannot be held responsible for any claims for damages, losses, defects, changes, cancellations, or any other cause directly related to or arising from a tour booked by you through this website. All such claims must be lodged against the relevant tour operator directly.

16.2    In addition to these terms of service, you should acquaint yourself with any terms or conditions of service provided by our suppliers, including any such terms and conditions which are included in any booking or order form, ticket, or when gaining admission to any venue provided by our suppliers.

17.  Disclaimers

17.1    When providing any services to you, we will use our best efforts to perform such services timeously, in good faith, and in accordance with all applicable industry standards and laws.

17.2    Notwithstanding clause 16.1, the services (and this website and the content found on it) are provided “as is” and “as available”.

17.3    We make no representation or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of the services (and of this website and the content found on it

17.4    TOURS AFRICA (Pty) Ltd, it’s members, employees, tour operators, suppliers, service providers, partners, affiliates and agents, shall not be liable to you for any damage, loss or liability, however arising, incurred by you or any other person resulting from the services (or this website or any content found on this website), or arising from your use of any tours booked through this website

17.5    To the fullest extent possible under any applicable law, Tours Africa (Pty) Ltd disclaims all responsibility or liability for any damages, including but not limited to indirect or special damages, economic loss, or any consequential losses resulting from your use of the services (and this website or content found on this website) or resulting from your attendance of any tour booked through this website.

17.6    Without limiting the generality of the disclaimer above, Tours Africa (Pty) Ltd, it’s members, employees, tour operators, suppliers, service providers, partners, affiliates, and agents, you acknowledge that tours and travel in Africa involve you assuming a degree of personal risk and you undertake all tours and activities entirely at your own risk.

17.7    Although our affiliated tour operators and their staff will take reasonable precautions to ensure your safety, Tours Africa (Pty) Ltd, it’s members, employees, suppliers, service providers, partners, affiliates and agents shall not be held responsible for any damage, loss, liability, or claims based on death, personal injury or damage to property made by you or any of your dependents as a result of your attendance of any tour booked through this website.

17.8    We will not be responsible for any damage, loss liability, or claims arising from any excursions or activities undertaken by you while you are attending a tour or activity booked through this website, whether you booked that activity or excursion through us or not.

17.9   The information contained in this website is provided by Tours Africa (Pty) and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Tours Africa (Pty) Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Tours Africa (Pty) Ltd takes no responsibility for, and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

17.10 Privacy Statement

We are committed to ensuring that your information is secure. 
Will information be shared with third parties? 
No. Tours Africa (Pty) Ltd does not share any individual information you provide through the Booking Enquiry with third parties (except with your approval through the use of this Service). Business name may release specific information about your account to comply with valid legal process such as a search warrant, subpoena or court order, or in special cases such as a physical threat to you or others.
Is my personal information secure? 
Yes, Tours Africa (Pty) Ltd is deeply committed to your security to keep your personal information as secure as possible. 
What happens if this policy changes? 
If it becomes necessary for us to materially change this policy, we will provide prominent notice to those who use our service. 

  18. Indemnity

You, The user, agree to indemnify Tours Africa, its members, employees, tour operators, suppliers, service providers, agents, servants, subcontractors, partners, subsidiaries and affiliates, from any claim, demand, application or other proceedings, including for attorney’s fees and related costs, made by any person due to or arising out of or in connection with your breach of any of these terms of service and/or from any improper use by you of this website or any content, products or services found on or provided through this website; and/or from your violation of any law or the rights of any person.

18.  Breach

19.1    If either party commits a breach of this agreement, and fails to remedy that breach within 10 days of being notified in writing about that breach, then the other party (‘’the aggrieved party’’) shall be entitled, in addition to and without prejudice to any other right it may have in law or in terms of this agreement, to enforce specific performance of the terms of this agreement; or cancel this agreement; and in either event, recover such damages as it may have sustained, subject to the limitations set out in this agreement.

19.2    All legal costs as between attorney and client, charges and disbursement and fees, incurred by the aggrieved party in successfully enforcing or defending any provision of this agreement, or any claim, will be for the account of the defaulting party and payable on demand.

20.  Force majeure

20.1    We will not be liable to you or any other person for any delay or failure in the performance of any obligation hereunder, or loss or damage due to or resulting from any Act of God, war, fire, flood, legislation, insurrection, sanctions, trade embargo, interruption of essential services, or any economic or other cause beyond our reasonable control (“force majeure”), provided that we use and continue to use our best efforts to perform such obligation.

20.2    If the force majeure continues for longer than 30 days, we will be entitled to cancel this agreement on the expiry of such period, without incurring any liability.

21.  Governing law

21.1    The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.

21.2    This website is owned, hosted and maintained within the Republic of South Africa.

21.3    When using this website and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Cape Town, South Africa.

22.  Dispute resolution

22.1    Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.

22.2    The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.

22.3    Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from the High Court of South Africa, which will have competent jurisdiction to hear such matters.

22.4    The arbitration shall be held in Cape Town at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

22.5    The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of the High Court of South Africa to whose jurisdiction the parties are subject.

23.  Amendment of these terms of service

23.1    We reserve the right, at any time, to amend any of the terms and conditions set out herein.

23.2    An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.

23.3    Any amendment made to this agreement shall become binding and enforceable from the date of publication.

23.4    You agree that it is your responsibility to review these terms of service whenever you access this website and before proceeding to use it further.

23.5    If you object to any amendment made to these terms of service, you must stop accessing and using this website immediately.

24.  Termination of use

We reserve the right, in our sole discretion, and with prior notification, to terminate your user account and/or your access to and use of this website if we regard any action or inaction by you to be a breach of these terms of service, or misuse or abuse of this website or any of the information, products, or services contained in or provided through this website.

25.  General

25.1    You may not cede, sub-license or otherwise transfer any rights you may have under this agreement or which may otherwise have been obtained by you through your use of this website.

25.2    If any part of this agreement is found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

25.3    This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between us in relation to the use of this website and the information, products, and services provided on or through this website.

25.4    Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

26. Card Processing

26.1 Detailed description of goods and/or services:

Tours Africa (Pty) Ltd. is a business in the tourism industry that sells online bookings for tour companies in Southern Africa.

26.2 Delivery policy:
Subject to availability and receipt of payment, requests will be processed within ____ days and delivery confirmed by way of email.

26.3 Return and Refunds policy:

The provision of goods and services by Tours Africa is subject to availability. In cases of unavailability, Tours Africa will refund the client in full within 30 days. You may elect to either receive a full refund or alternatively book an alternative tour offered by Tours Africa. Any difference in price will be refunded or charged for separately, as the case may be. Cancellation of orders by the client made 16 days or more before departure will result in the loss of your deposit and or payments. Cancellation of orders by the client made within 14 days before departure will result in the loss of 100% of the tour cost. Cancellation of orders by the client must be made in writing by email and will only be effected once confirmed by Tours Africa.

26.4 Customer Privacy policy:
Tours Africa shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

26.5 Payment options accepted:
Payment may be made via Visa and MasterCard.

26.6 Card acquiring and security:

Card transactions will be acquired for Tours Africa via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

26.7 Customer details separate from card details:

Customer details will be stored by Tours Africa separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

26.8 Merchant Outlet country and transaction currency:

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

26.9 Responsibility:

Tours Africa takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

26.10 Country of domicile:

This website is governed by the laws of South Africa and Tours Africa chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

16.11 Variation:

Tours Africa may, in its sole discretion, change this agreement or any part thereof at any time without notice. 

26.12 Company information:

This website is run by private company based in South Africa trading as Tours Africa and with registration number 2017/345232/07 and Members.

26.13 Tours Africa contact details:
Company Physical Address: 6 Colyn Road, Kalk Bay, Cape Town, South Africa
Email: admin@toursafrica.co.za

Telephone: +27829500782

YOU, THE USER, EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND YOU UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.

These terms and conditions were last updated on 23 August 2017 and this version supersedes all previous versions published on the website before this date.