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1. About This Document
This document sets out our general terms governing use of our websites. This document does not set out our booking conditions or other terms of supply.
For more information about booking conditions and other terms of supply, please download the full Booking Conditions document from here:
2. Copyright Notice
This document, and all content of our websites is Copyright© 2022 Trafalgar Tours SA (Pty) Ltd. ALL RIGHTS RESERVED.
3. About Us
5. What Do These Terms Cover?
6. What Websites To These Terms Cover?
These terms cover all of our websites, including those at the following addresses, and any other website on which they appear: https://www.trafalgar.com/en-za
Our website and any bookings or other transactions conducted through this web website are in the English language(s) only. We do not offer any other languages at the moment.
8. Accessing Our Websites
8.1 Website Availability
Our websites will only be available at such times as we may decide, and we do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure that our websites are available to you at any time.
8.2 Your systems
8.3 No misuse
You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, the server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence, including under the [UK Computer Misuse Act 1990]. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.
9. Completing Forms And Error Correction
9.1 Mandatory Information
When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.
9.2 Accuracy of your information
When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is. We will rely on your information provided.
9.3 Error Correction
When you are carrying out any enquiry, booking, order, registration or other process on our website, you may at any time before submitting use the back button on your browser to go back and correct or change any information. If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it.
10. Registration On Our Websites
10.1 Requirement for registration
To use some of the services or features made available to you on our websites (such as accounts, forums, memberships, review and comment functionality, and loyalty programs) you may need to register with our website and accept any terms applicable to such registration as notified to you at the time of registration We may accordingly restrict access to some parts of our websites and functionality on our websites to persons who have registered with us for access to that part or functionality.
10.2 Updating your information
Should any of your registration information change, please update your details using functionality provided within your website or alternatively contact us?
10.3 Log-In Details
10.4 Suspension and Termination
We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our websites at any time and for any reason, with or without prior notification to you.
11. Booking Process
You must be eighteen (18) years old or over to make a booking or order from us.
11.2 Ordering process
Our website is not a legal offer. To make a booking with or through us or order from us using our websites you must follow the procedure set out on our websites, and a contract will not be formed except in accordance with the procedure explained on our websites.
13. Website Content
12.1 Not advice
Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.
12.2 Validity and Change
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date. In any event, our website content is only valid at the time it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change our website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason.
We do not guarantee that our websites or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you have submitted or contract you have entered into with us on the basis of it. If any correction affects any booking or order you have submitted or contract you have entered into with us to your material detriment, then we will give you the opportunity to cancel the booking, order or contract rather than accept the change.
Whilst we make all reasonable attempts to exclude viruses from our websites and website content, we cannot ensure that they will be none or that our websites will not be subject to unauthorised access or modification. Thus, you are recommended to take all appropriate safeguards on your computer or other device (including installing appropriate protective software) before downloading any of our website content.
12.5 Third Party Websites
You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and in the selection and arrangement thereof) is and remains our sole and absolute property. You are granted no right, licence or interest in or to our website content or any intellectual property rights in it, except for the browsing licence detailed below, and all other rights are reserved. In particular you are not permitted to screen scrape or otherwise copy or use our website content except for the purposes of browsing our website as a customer or potential customer under the licence below.
12.7 Browsing Licence
We hereby grant you a licence to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browsing and using our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you are again doing so as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our websites, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above download licences at any time.
12.8 Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our websites in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our websites must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
13. Conduct And Content
13.1 Use of our websites
You agree to use our websites only for lawful purposes reasonably connected to the intended purposes of our websites, you must not use our websites for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites or any underlying systems. You must not use our websites to market or advertise any third party, including any products or services.
13.2 Community functionality
We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality from time to time, which enables you and others to post content to our websites. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our websites. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms and conditions, we may deny you access to our websites on a temporary or permanent basis. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our websites. Please exercise discretion when communicating with others using out community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.
13.3 Your content
You shall ensure that anything your post to our website (including text and pictures), whether through any community functionality or otherwise: (a) reasonably relates solely to us and our products and services; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or libelous, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trade marks or our website content; (h) is not personal data of a third party; (h) is not using our site to promoting and advertise any businesses, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software. Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.
13.4 Licence of your content
In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable, licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our websites (including sending in photos to any photo gallery), you understand that such content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.
14. Disclaimer And Limitation Of Liability
14.1 No prejudice to consumer rights
If you are acting as a consumer (i.e. an individual acting for their private purposes not associated with a business or profession) nothing in these terms shall affect your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.
14.2 No prejudice to contracts with us
The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.
14.3 No limitation of liability for personal injury and fraud
We do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
14.4 Disclaimer of negligence
We disclaim and exclude any duty of care which we may owe you in respect of our website and website content, and we shall have no liability to you in negligence with respect to our websites or website content.
14.5 No promise as to quality and exclusion of implied terms
We provide each of our websites and website content "as is" and "as available", without warranty, guarantee, or promise as to its quality, condition, fitness for purpose, availability, suitability, or functionality. We do not represent or warrant that our website content is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our website content. We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favour, with respect to our websites or website contents.
14.6 Fitness for purpose
Our website content has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.
14.7 No liability for business losses
Where you are a consumer, we have no liability to you for any losses relating to any business or occupation, including loss of profit, loss of revenue, loss of business or contract, business interruption, or loss of business opportunity.
In any other case, we shall not be liable to you for any loss damage or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non-availability or interruption of our website or website content, or relying on our website or website content. In particular, we shall not be liable for any loss, damage or liability suffered by or in relation to any business, profession, occupation or organisation, even if we have been advised of the possibility of such loss, including: (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.
14.8 No liability for force majeure
We will not be liable for anything caused by event or circumstance beyond our reasonable control.
14.9 No liability unless our fault
We shall not be liable for any losses unless they are caused by any negligence, or breach of any law or legal or contractual obligation on our part. We shall not be liable for any losses caused by any act or omission on your part.
14.10 No liability for loss not foreseeable
We shall not be liable for any loss or damage which was not foreseeable.
14.11 Meaning of liability
References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our websites, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.
15. Changes To These Terms
16. Applicable Law And Disputes
These terms, your use of our websites, and any claim relating to our websites or based information on our websites, is subject to the law of the Republic of South Africa, and you must bring any claims against us exclusively in the courts of South Africa.
17. User Generated Content
By the Content Owner replying to a comment on an individual piece of content with the hashtag #TrafalgarApproved, the Content Owner agrees that the individual piece of content may be used by Trafalgar and its affiliates and/or related entities (“Trafalgar”) the Content as provided below.
In the delivery of content, the Content Owner grants Trafalgar non-exclusive rights to use the Content in activity as defined below:
a.Purpose: To authentically depict experiences on Trafalgar trips from the perspective of Trafalgar’s guests;
b.Medium: used across various marketing channels in different forms of media, including but not limited to use on website (https://www.trafalgar.com), print, social media, email, digital advertising, out-of-home, events, third party platforms and APIs. Trafalgar may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Content in any manner in their sole discretion, with no obligation to you whatsoever;
c.Period: in perpetuity and;
17.3 PERSONAL INFORMATION
The Content that you submit is deemed non-confidential and Trafalgar has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.
a.The Content Owner confirms they are at least 18 years of age.
b.The Content Owner confirms that they are solely responsible for the Content and they are the original creator of the piece of Content and have no known knowledge that the Content was created by another individual.
c.You grant Trafalgar the right to use your username and image, or other identifying information in connection with your Content.
d.In most implementations, however without any obligation to do so, imagery will be accompanied with the Content Owner’s Instagram username and the date that the piece of Content was originally posted.
e.The Content is still entirely owned by the Content Owner, who is merely granting Trafalgar the rights to use the Content in the marketing activity.
f.If a Content Owner chooses to relinquish rights granted to Trafalgar, they must contact Trafalgar in writing, including the piece of Content, a link, photograph or screenshot of where the Content appears in Trafalgar’s marketing collateral, and evidence that they are the original Content Owner of the piece of Content. Trafalgar will, wherever reasonably possible, remove such Content.
g.By agreeing to the use of the Content, you waive any payment for the use of Content across all mediums and channels.
h.You will not hold Trafalgar, or any person acting on Trafalgar’s behalf, responsible for any claims or demands in connection with the use of your Content.
i.Please ensure that you are careful and selective about the Content that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential Content. Should you disclose information that is sensitive, proprietary or confidential, you do so at your own risk and Trafalgar is not responsible for any consequences of such disclosure.
j.If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
k.Trafalgar reserves the right to remove, wherever reasonably possible, any Content from our website and social media channels. If you believe any Content residing on our website and social media channels or displayed or used in connection with Trafalgar infringes any person’s or entity’s copyright rights, please contact firstname.lastname@example.org
l.This agreement is subject to English Law any dispute arising in respect hereof shall be subject to the jurisdiction of the competent courts in London, England. Trafalgar Tours International Limited, Picquet House, St. Peter Port, Guernsey, GY1 1AF, Channel Islands. This Agreement is in no way sponsored, endorsed by, administered by, or associated with, Facebook, Twitter, Pinterest or Instagram.
18. Protection of Personal Information Act ("POPI")
1. “Operator” means an operator as defined in the Protection of Personal Information Act, 4 of 2013;
2. “Personal Information” means personal information as defined in the Protection of Personal Information Act, 4 of 2013;
3. Protection of Personal Information
You hereby authorise Trafalgar Tours to collect your Personal Information as it is relevant to this Agreement and/or service which we are providing for you or is deemed to be relevant for the provision of such service.
Trafalgar Tours is committed to the adherence of national legislation and regulations pertaining to the safeguarding of data privacy.
Trafalgar Tours shall use information previously provided by you to perform our services and to amongst other things, process invoices, credit notes, statements and any other document related to the services.
You confirm that we may share your personal information with the following persons, who have an obligation to keep the personal information secure and confidential:
1. Employees of Trafalgar Tours who are required to be informed of the personal information in order to attend to the services supplied and;
2. All third parties who may assist us in supplying the services.
We undertake not to disclose your personal information unless it is legally or contractually required to do so.
We agree to use all reasonable efforts to ensure your personal information in our possession is kept confidential, stored in a secure manner and processed in terms of POPI.
You hereby acknowledge and warrant that:
3.1.2 Trafalgar Tours is entitled and authorised by you to transfer any Personal Information to any of its Operators; and
3.1.3 Trafalgar Tours is entitled to store and back-up your Personal Information on its servers.