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Last Updated – 21 November 2018

These Terms and Conditions constitute a legally binding agreement between you and Go Explore Travel (Pty) Ltd.

Please read these Terms and Conditions (“Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

Go Explore Travel (Pty) Ltd (“Go.Explore”, “we”) maintains the website (“Website”) located at http://www.goexplore.travel.  Our Website and the services we offer, both through the Website and otherwise, are referred to collectively as our (“Services”). By using the Services, you agree to comply with and be legally bound by the following Terms, whether or not you are a registered user of the Services or a visitor and browser of the Services.

Please review the Terms carefully. If you do not agree to these Terms, you have no right to obtain information from the Website or otherwise continue using the Services. Failure to use the Services in accordance with the following Terms of use may subject you to civil and criminal penalties.

When using certain features of the Services, you will also be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.

We reserve the right to modify the Services and these Terms and/or Policies at any time. If we modify these Terms, we will post the modification on the Website. Changes to the Terms will be effective at the time of posting.

Preliminary notice in terms of the Consumer Protection Act, 2008 (for South African users)

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

a.       LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF GO.EXPLORE AS THE OWNER OF THIS WEBSITE AND THE SUPPLIER OF THE CONTENT, PRODUCTS, AND SERVICES FOUND ON THIS WEBSITE;

b.      ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;

c.       INDEMNITIES IN FAVOUR OF GO.EXPLORE; OR

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

SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS.

As required by section 22(1) of the Consumer Protection Act, 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 (insert contact telephone number) or email: travelonline@ashanti.co.za

 

Definitions and interpretation

In this agreement:

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

‘’Business Hours’’ means the hours between 08:30-17:00 Central African Time, on a Business Day;

‘’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;

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

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

“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;

‘’Services’’ means the travel booking services offered via the Website;

“Trip’’ means any trip, tour, excursion, activity or similar booking made through the Website;

“You/the user” means the person accessing and using the Website, Content and/or Services;

“Website” means this website found at http://www.goexplore.travel, 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;

Any reference in this agreement to:

a.       the singular includes the plural and vice versa;

b.      ‘’person/s’’ includes natural and juristic person/s;

c.       any one gender includes the other genders.

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

Terms not specifically defined 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.

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.

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.

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

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.

 

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

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

Website owner:                                 Go Explore Travel (Pty) Limited;

Legal status of website owner:  A private company with limited liability duly incorporated in accordance with the company laws of South Africa;

Registration number:                     2018 / 229931 / 07

Registered office address:           27 Groeveld Avenue, Bothasig, Cape Town, 7441

Director/s:                                          J Filimore;                                           

Physical business address:           8 Portswood Road, Green Point, Cape Town, 8001

(at which address Go.Explore 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);

Telephone number:                       +2776 028 9369

Website address:                             http://www.goexplore.travel;

Email address:                                   josh@goexplore.travel;

 

No offer

Nothing contained in the Website should be regarded as an offer, but rather as an invitation to do business. No agreement to sell or supply the Services will be concluded until a booking has been made by you and accepted by us.

 

Our Services

Go.Explore sells travel related products and services including but not limited to trips, tours, accommodation and activities (“Trip(s)”) as an agent on behalf of, including but not limited to, tour operators, accommodation, transportation and other travel related service providers (“Third Party Supplier(s)”). Go.Explore’s responsibilities are limited to facilitating the availability of the Website and Services and serving as the bookings and payment collection agent on behalf of Third Party Suppliers.

Go.Explore is not the organizer, operator nor provider of any Trips. Go.Explore’s Website and Services are intended to connect Travelers to Trips provided by Third Party Suppliers. Go.Explore cannot and does not control the content contained in any travel offering and the condition, circumstances, legality or suitability of any Trip. Go.Explore is not responsible for and disclaims any and all liability related to any and all Trips. Accordingly, any bookings will be made at the Travelers own risk.

These Terms together with the relevant terms and conditions of the Third Party Suppliers apply to any travel products and services you purchased through Go.Explore and the Website. It is your responsibility to understand the terms and conditions which apply to your particular arrangements with Third Party Suppliers.

Eligibility

The Website and Services are intended solely for persons who are 18 or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 18 or older.

Account Registration

In order to access certain features of the Website, and to book a Trip, you must register to create an account (“Go.Explore Account”) and become a Member (“Member(s)”). You may register to join the Services directly via the Website.

Your Go.Explore Account will be created for your use of the Website based upon the personal information you provide to us. You may not have more than one active Go.Explore Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Go.Explore reserves the right to suspend or terminate your Go.Explore Account and your access to the Website and Services if you create more than one Go.Explore Account, if you have not made a payment through Go.Explore in the last twelve months or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

You are responsible for safeguarding your password and agree to not disclose your password to any third party. Unless expressly authorized by a specific feature on Go.Explore, you are not permitted to share your Go.Explore Account with anyone or allow others to access or use your Go.Explore Account.

Travel Issues

A (“Travel Issue”) refers to a material inaccuracy in the description of a Trip on the Website with respect to

1.       The duration of the Trip.

2.       The physical location of the Trip.

3.       The content of the Trip (including but not limited to the stated activities or sites).

Our Traveler Refund Policy

If you are a Member who has booked and paid for a Trip (“Traveler”) and suffer a Travel Issue, we might agree, at our discretion, to either

1.       Reimburse you up to the amount paid by you through the Website, as determined by Go.Explore in our discretion, depending on the nature of the Travel Issue suffered.

2.       Use our reasonable efforts to find and book you another Trip which in our determination is reasonably comparable to the Trip described in your original reservation in terms of content and quality. In the event the alternative Trip is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Trip is of a lower price, you may be entitled to a partial refund for the difference.

All determinations of Go.Explore with respect to the Traveler Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travelers. Go.Explore reserves the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice. If Go.Explore modifies this Traveler Refund Policy, we will post the modification on the Website and continue to process all claims for Travel Issues made prior to the effective date of the modification.

This Traveler Refund Policy constitutes the entire and exclusive understanding and agreement between Go.Explore and you regarding the Traveler Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Go.Explore and you regarding the Traveler Refund Policy.

In no event will Go.Explore’s aggregate liability arising out of or in connection with this Traveler Refund Policy exceed the amount of the Trip cost collected by Go.Explore from the traveller. You acknowledge and agree that, by booking a Trip or otherwise using the Website or Services, you are indicating that you have read, and that you understand and agree to be bound by these policy terms.

No Endorsement

Go.Explore does not endorse any User, Member, Third Party Supplier or any Trip. Members are required by these Terms to provide accurate information, and although Go.Explore may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and Third Party Suppliers, we do not make any representations about, confirm, or endorse any Members or the Third Party Supplier’s purported identity or background.

Any references in the Website or Services to a Member or Third Party Supplier being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Go.Explore about any Member or Third Party Supplier, including their identity and whether they are trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website and Services. Go.Explore is not responsible for any damage or harm resulting from your interactions with other Members or Third Party Suppliers.

Appointment of Go.Explore as an Agent

Go.Explore’s role is to manage your bookings and arrange payments and refunds as applicable.  Go.Explore is not a provider of any Trips as such and has no responsibility for Trips provided or not provided by any Third Party Suppliers. We give and make no warranty or representation regarding the standard of any Trips supplied by Third Party Suppliers and no person has authority to make any such representation or warranty on behalf of Go.Explore.

If for any reason, any Third Party Supplier is unable to provide the Trip agreed to when you purchased such Trip through Go.Explore, your remedy lies against that Third Party Supplier and not Go.Explore.

When You Make a Booking

1.       You guarantee that you have the authority to accept, and do accept, for yourself and on behalf of your party, the Terms of these booking conditions as well as any Terms and Conditions imposed by Third Party Suppliers.

2.       It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies. The names in your booking must be exactly the same as they appear in the traveller’s passport.

3.       You enter into a legally binding contract to acquire the Trip with the Third Party Suppliers.

4.       If you make a booking on behalf of someone else, you warrant that you have the authority to accept, and do accept, on behalf of that person to be bound by Go.Explore’s Terms and the relevant Third Party Suppliers Terms and Conditions.

The Third Party Suppliers, not Go.Explore, are solely responsible for honouring any confirmed booking and making available the Trip which was booked and paid for through the Website and Services. If you, as a Traveler, choose to book a Trip, you agree and understand that you will be required to enter into an agreement with the Third Party Suppliers and you agree to accept any terms, conditions, rules and restrictions associated with such Trip imposed by the Third Party Suppliers. You acknowledge and agree that you, and not Go.Explore, will be responsible for performing the obligations of any such agreements.

You acknowledge and agree that Go.Explore acts as the Third Party Suppliers agent for the limited purpose of making bookings and accepting payments from you on behalf of the Third Party Suppliers. Upon your payment of the Total Fees to Go.Explore, Go.Explore is responsible for remitting the Trip Cost (less the Go.Explore Fees and any Taxes in respect of the Go.Explore Fees, such as VAT in Europe) to the Third Party Suppliers in the manner described in these Terms.

Trips Pricing

Go.Explore reserves the right to alter the prices of any of the Trips shown on our Website. You will be advised of the current price of the Trip that you wish to book before your contract is confirmed. Go.Explore takes no responsibility and will not pay for additional deposits for certain Trips which may be required by Third Party Suppliers.

Deposits

Deposits are non-refundable. Payment of a deposit enables Go.Explore to hold a reservation for you but does not guarantee the Trip and/or price. The Trip and/or price can only be guaranteed once Go.Explore receives full payment and the booking confirmation has been issued by the Third Party Supplier.

Payments

You as a Traveler agree to pay Go.Explore the total Trip Cost for any booking requested in connection with your Go.Explore Account once Go.Explore receives confirmation of such booking by the applicable Third Party Supplier. Go.Explore will then collect the Total Trip Cost in accordance with these Terms and the pricing terms set forth in the Trip listing. Please note that Go.Explore cannot control any fees that may be charged to a Traveler by his or her bank related to Go.Explore’s collection of the Total Fees, and Go.Explore disclaims all liability in this regard.

Go.Explore will advise you of the date that full payment is required. Failure to make payment in full by the due date may result in the forfeiture of any deposit paid. After full payment the conditions of the contract with your Third Party Supplier may permit them to increase the cost of your arrangements. We will pass any such increase on to you.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card or bank account information either to Go.Explore or its Third Party Payment Solutions (“Payment Solution(s)”). You agree to pay Go.Explore for any confirmed bookings made in connection with your Go.Explore Account in accordance with these Terms by one of the methods described on the Website. You hereby authorize the collection of such amounts by charging the bank account or credit card provided as part of requesting the booking, either directly by Go.Explore or indirectly, via a Payment Solution or by one of the payment methods described on the Site.

If you are directed to Go.Explore’s Payment Solutions, you may be subject to Terms and Conditions governing use of that Third Party’s service and that Third Party’s Privacy Policy. Please review such Terms and Conditions and Privacy Policy before using the services.

Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Payment Processing

Payment processing services for Go.Explore are provided by Payment Solutions and are subject to the Payment Solution’s Agreement, which includes the Payment Solutions Terms and Conditions. By agreeing to these Terms or continuing to use Go.Explore’s Services, you agree to be bound by the Payment Solution’s Agreement, as the same may be modified by the Payment Solution from time to time. As a condition of Go.Explore enabling payment processing services through Payment Solutions, you agree to provide Go.Explore accurate and complete information about yourself, and you authorize Go.Explore to share it and transaction information related to your use of the payment processing services provided by the Payment Solution. In all cases, standard credit card or other third party processing fees apply in addition to any service fee. Go.Explore is not responsible for the performance of any Payment Solutions. You expressly understand and agree that Go.Explore shall not be liable for any payments and monetary transactions that occur through your use of the Service.

Service Fees

Service Fees are non-refundable. For the use of Go.Explore’s Website and Services, Go.Explore may charge payment processing fees (“Service Fees”). Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Service Fees. Please note that Go.Explore may impose or deduct foreign currency processing costs on or from any payments in currencies other than ZAR.

Traveler Cancellations of Bookings

If, as a Traveler, you wish to cancel a booking made via the Website and Services, either prior or during the Trip, the cancellation Terms of Go.Explore as well as your Third Party Suppliers will apply to such cancellation. We need to receive written notification of cancellation before any refund can be considered. Service Fees and any Deposits are non-refundable regardless of the cancellation policy of the Third Party Supplier.

Refunds will only be paid to you, the Traveler, once we have received the funds back from Third Party Suppliers. Our ability to refund the Trip Costs and other amounts charged to you will depend upon the terms of the applicable cancellation policy. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.

Third Party Provider Cancellations or Changes of Bookings

Go.Explore accepts no liability for any cancellations or changes of bookings, and any costs incurred, which are the result of a Third Party Supplier cancelling or amending bookings.

Your contract with Third Party Suppliers may allow suppliers to cancel or amend bookings. If this happens, Go.Explore will ensure that you are promptly notified of any significant changes.

If a confirmed booking is cancelled and refunded by the Third Party Supplier, any amounts collected by Go.Explore will be refunded to such Traveler, excluding the Service Fees and Deposits paid, within a commercially reasonable time of the cancellation.

Go.Explore Changes of Bookings

If Go.Explore makes a significant change to your Trip booking, we will inform you as soon as reasonably possible. You will have the choice of either

1.       Accepting the change of arrangements.

2.       Accepting an offer of alternative travel arrangements of comparable standard from us (Go.Explore will refund any price difference if the alternative has a lower value).

3.       Cancelling your booking and receiving a full refund. 

If You Change Your Booking

If you wish to change your booking and such a change is permitted and possible, Go.Explore will charge you a service fee to process the change. You may also be charged a service fee by your Third Party Supplier. Please note that all reservation changes are subject to availability and the terms and conditions of the Trip being purchased. Please bear in mind that changes to name details are not allowed and will be treated as a cancellation by many Third Party Suppliers, to which standard conditions and charges would apply.

Changes Beyond Our Control

Go.Explore accepts no liability and will not provide refunds or compensation to you based on changes which are made due to reasons beyond our control. These include (but are not limited to) force majeure, war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions. Go.Explore has no control over airline schedule changes and accepts no liability for costs which may arise as a result of such changes.

If You Have a Complaint

If you have a problem during your Trip, please inform the relevant Third Party Supplier immediately. Should they be unable to resolve the matter, please contact Go.Explore on info@goexplore.travel. If you fail to contact Go.Explore, we will not be permitted the opportunity to investigate your complaint and rectify any error whilst you are away and this may affect your rights under your contract. Please note that the dealing with a complaint by Go.Explore or a Third Party Supplier is done without prejudice and does not imply any fault of any kind on the part of either aforesaid party. Your complaint will not obligate us to take any action or cause us to incur any liability to you.

Rounding Off

Go.Explore may, in its sole discretion, round up or round down amounts that are payable from or to Travelers or Third Party Suppliers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency).

Donations

Some Third Party Suppliers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Website and Services to a particular cause or charity. Go.Explore does not take any responsibility or liability for whether the Third Party Supplier does in fact make the donation they have pledged to make. In such cases, the Third Party Supplier in question is responsible for their own compliance with all laws and regulations applicable to such pledges and/or fund-raising.  

Foreign Currency

Go.Explore’s online platform facilitates bookings between Travelers and Third Party Suppliers who may prefer to pay or receive payments in different currencies. Although the Go.Explore platform might allow users to view the price of Trips in a number of currencies, the currencies available for users to make payments may be limited, and may not include the default currency in any given geographic location. Go.Explore reserves the right to decide which currencies Travelers are able to make payments in.

Please note that your payment company (e.g. your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the booking Currency or the payout Currency respectively. Similarly, the Website’s Payment Solutions may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Go.Explore.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website, Services and Collective Content. In connection with your use of the Website, Services and Collective Content, you may not and you agree that you will not:

1.       Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.

2.       Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, Services or Collective Content.

3.       Use the Website, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms.

4.       Copy, store or otherwise access any information contained on the Website, Services or Collective Content for purposes not expressly permitted by these Terms.

5.       Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.

6.       Interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

7.       Use our Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.

8.       Use our Website, Services or Collective Content in connection with the distribution of unsolicited commercial email “spam” or advertisements “stalk” or harass any other User of our Website, Services or Collective Content, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Go.Explore Member or Traveler.

9.       Register for more than one Go.Explore Account or register for a Go.Explore Account on behalf of an individual other than yourself.

10.   Unless Go.Explore explicitly permits otherwise, request or book a Trip if you will not actually be going on that Trip yourself.

11.   Recruit or otherwise solicit any Third Party Supplier or Member to join third-party services or websites that are competitive to Go.Explore, without Go.Explore’s prior written approval.

12.   Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

13.   Use automated scripts to collect information from or otherwise interact with the Website, Services or Collective Content.

14.   Use the Website, Services or Collective Content to find a Third Party Supplier or Traveler and then complete a booking of a Trip independent of the Website or Services, in order to circumvent the obligation to pay any Service Fees related to Go.Explore’s provision of the Services or for any other reasons.

15.   Post, upload, publish, submit or transmit any Content that:

·         Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

·         Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

·         Is fraudulent, false, misleading or deceptive.

·         Is defamatory, obscene, pornographic, vulgar or offensive.

·         Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.

·         Is violent or threatening or promotes violence or actions that are threatening to any other person.

·         Promotes illegal or harmful activities or substances.

16.   Systematically retrieve data or other content from our Website or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

17.   Use, display, mirror or frame the Website, Services or Collective Content, or any individual element within the Website, Services or Collective Content, Go.Explore’s name, any Go.Explore trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in theWebsite or Services, without Go.Explore’s express written consent.

18.   Access, tamper with, or use non-public areas of the Website or Services, Go.Explore’s computer systems, or the technical delivery systems of Go.Explore’s providers.

19.   Attempt to probe, scan, or test the vulnerability of any Go.Explore system or network or breach any security or authentication measures.

20.   Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services or Collective Content to send altered, deceptive or false source-identifying information.

21.   Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services or Collective Content.

22.   Advocate, encourage, or assist any third party in doing any of the foregoing (1-21).

Go.Explore has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Go.Explore may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against Go.Explore or to comply with legal process (for example, subpoenas or warrants); enforce or administer our agreements with user; engage in fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or protect the rights, property or safety of Go.Explore , its users, or members of the public.

You acknowledge that Go.Explore has no obligation to monitor your access to or use of the Website, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Website and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Go.Explore reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Go.Explore, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.

Ownership

The Website, Services, and Collective Content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Go.Explore and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content.

Go.Explore Content and Member Content License

Subject to your compliance with these Terms, Go.Explore grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Go.Explore Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Go.Explore or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

Go.Explore may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website and Services, you hereby grant to Go.Explore a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Website and Services. Go.Explore does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to Go.Explore the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Go.Explore’s use of the Member Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Go.Explore is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Go.Explore of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notice

All trademarks, service marks, logos, trade names and any other proprietary designations of Go.Explore used herein are trademarks or registered trademarks of Go.Explore. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services (“Feedback”). You may submit Feedback by emailing us at info@goexplore.travel or through the “Contact” section of the Website. You acknowledge and agree that all Feedback will be the sole and exclusive property of Go.Explore and you hereby irrevocably assign to Go.Explore and agree to irrevocably assign to Go.Explore all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Go.Explore’s request and expense, you will execute documents and take such further acts as Go.Explore may reasonably request to assist Go.Explore to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Go.Explore owns the copyright to the content of this website, identified as ‘www.goexplore.travel’, together with HTML code, software, text, images and pictures contained therein, except where otherwise stated. Replication, copying, altering or any activity in dealing with the content of this is prohibited without the prior consent of Go.Explore.

Go.Explore respects copyright law and expects its Users to do the same. It is Go.Explore’s policy to terminate, in appropriate circumstances, the Go.Explore Accounts of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

You acknowledge and agree that the Website, including all associated intellectual property rights, are the exclusive property of Go.Explore. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website. All trademarks, service marks, logos, trade names, and any other proprietary designations of Go.Explore used on or in connection with the Website and Go.Explore Content are trademarks or registered trademarks of Go.Explore. Trademarks, service marks, logos, trade names and any other proprietary designations of Third Party Suppliers used on or in connection with the Website are used for identification purposes only and may be the property of their respective owners.

Suspension, Termination and Go.Explore Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Go.Explore Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:

1.       Your Go.Explore Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Services, your Go.Explore Account, your Member Content, or receive assistance from Go.Explore Customer Service.

2.       Any pending or accepted future bookings will be immediately terminated.

3.       We may communicate to your Third Party Suppliers that a potential or confirmed booking has been cancelled.

4.       Go.Explore reserves the right to decide whether or not to compensate you for any and all confirmed reservations, irrespective of pre-existing cancellation policies. However, you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Go.Explore Account.

You may cancel your Go.Explore Account at any time via the “Cancel Account” feature of the Services or by sending an email to info@goexplore.travel. Please note that if your Go.Explore Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GO.EXPLORE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND THIRD PARTY SUPPLIERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GO.EXPLORE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GO.EXPLORE MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE TRIPS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GO.EXPLORE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY TRIPS OR THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GO.EXPLORE OR THROUGH THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELERS OR THIRD PARTY SUPPLIERS. YOU UNDERSTAND THAT GO.EXPLORE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. GO.EXPLORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND THIRD PARTY SUPPLIERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GO.EXPLORE.

NOTWITHSTANDING GO.EXPLORE’S APPOINTMENT AS THE BOOKINGS AND PAYMENT COLLECTION AGENT OF THE THIRD PARTY SUPPLIER, GO.EXPLORE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR THIRD PARTY SUPPLIER.

Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES AND COLLECTIVE CONTENT, YOUR BOOKING OF ANY TRIPS VIA THE WEBSITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GO.EXPLORE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GO.EXPLORE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SERVICES AND COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST MONIES, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES AND COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, OR YOUR PARTICIPATION IN THE BOOKING OF ANY TRIPS VIA THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GO.EXPLORE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO THIRD PARTY SUPPLIERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE GO.EXPLORE GUARANTEE, IN NO EVENT WILL GO.EXPLORE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, YOUR BOOKING OF ANY TRIPS VIA THE WEBSITE AND SERVICES, OR THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TRIPS OR INTERACTIONS WITH ANY OTHER MEMBERS OR THIRD PARTY SUPPLIERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE WEBSITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GO.EXPLORE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD GO.EXPLORE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

1.       YOUR ACCESS TO OR USE OF THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT OR YOUR VIOLATION OF THESE TERMS.

2.       YOUR MEMBER CONTENT.

3.       YOUR INTERACTION WITH ANY MEMBER.

4.       YOUR INTERACTION WITH THE BOOKING OF ANY TRIPS.

5.       THE USE, CONDITION OR BOOKING OF A TRIP BY YOU, INCLUDING BUT NOT LIMITED TO ANY INJURIES, LOSSES, OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF A BOOKING OR USE OF A TRIP.

Reporting Misconduct

If you travel with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the Third Party Supplier and appropriate authorities. If you would like to contact Go.Explore, you can do so by emailing info@goexplore.travel with your police station and report number. Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Passport, Visa and Immigration Requirements

It is exclusively and entirely your responsibility to fulfill the passport, visa and other immigration requirements for your entire itinerary including all transiting and stopover destinations applicable to your itinerary. You should confirm these with the relevant High Commissions, embassies and/or consulates. We do not accept any responsibility or liability in the case of you being unable to travel due to not complying with any such requirements.

Insurance

Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance should include coverage for Trip Cancellation, Trip Interuption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay and more. Travel insurance is a mandatory element of some travel arrangements.

Travel Advice and Vaccinations

Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary. Health, vaccination and inoculation compliance is exclusively and entirely your responsibility. You should ensure that your physical condition is adequate for the intended itinerary and if you are not sure, you should consult your physician.

Breach

If you breach any of these terms, and fail to remedy that breach within 10 days of being notified in writing about that breach, then we shall be entitled, in addition to and without prejudice to any other right we 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 we may have sustained from you.

All legal costs as between attorney and client, charges and disbursement and fees, incurred by us in successfully enforcing or defending any provision of this agreement, or any claim, will be for your account and be paid on demand.

Force majeure

We will not be liable to you or any other person for any delay or failure to supply any Services or otherwise in the performance of any of our obligations, or for any 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.

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.

Governing law

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

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

Dispute resolution

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.

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.

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.

The arbitration shall either be held in Cape Town at a venue chosen by the arbitrator, or conducted via electronic communication tools approved by the arbitrator, and shall be completed as soon as practically possible.

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.

Amendment of these terms

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

An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time and, where possible, a copy will be emailed to you.

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

If you object to any amendment made to these terms of service, you must stop accessing and using the Services immediately.

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.

No transfer

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

Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional Go.Explore policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Go.Explore and you regarding the Website.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in given by Go.Explore (i) posting to the Website or (ii) via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Privacy

Please see Go.Explore’s Privacy Policy.

Waivers and Remedies

The failure of Go.Explore to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Go.Explore. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Contacting Go.Explore

If you have any questions about these Terms, please contact us on info@goexplore.travel.

 

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 17 November 2018 and this version supercedes all previous versions published on the website before this date.

 

 

 

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