Explore Sideways Terms and Conditions

 

Introduction

Explore Sideways is an online tour booking service which helps people (“Guests”) select and book tours that are matched with their personal interests. Tours are operated by third parties (“Operators”) and include visits to a range of selected and approved destinations and sites (“Venues”). We frequently receive Guest referrals or booking requests from reputable affiliated businesses such as hotels or destination marketing specialists (“Affiliates”) and these terms and conditions apply to all persons making bookings via the Explore Sideways’ website, whether as a Guest or Affiliate.

Please read these booking terms and conditions carefully, especially those pertaining to exclusions of liability and privacy of personal information.

By accepting these terms, you represent that you have the capacity to accept these terms and conditions and, if you are acting on behalf of an entity, that you have the authority to bind that entity. If you are under 18, you agree to only transact via Explore Sideways with the consent and involvement of your parent or legal guardian.

Explore Sideways acts as a service for arranging and scheduling tours. Explore Sideways is not the supplier of any tours or services booked via the Explore Sideways’ website.

When you apply to book a tour through Explore Sideways, you are requesting Explore Sideways to submitting your offer to contract with an Operator of that tour. When a booking is accepted by an Operator, a contract comes into effect between the Guest and the accepting Operator of that tour. The time of conclusion of that contract shall be the time when the confirmation email sent by Explore Sideways is capable of being retrieved by you or another a person in control of the email address you supplied to Explore Sideways in relation to the booking and in accordance with the provisions of section 23(b) of the Electronic Communications and Transactions Act 25 of 2002. When you make a booking with any particular Operator, you acknowledge and agree that Explore Sideways shall act as the Operator’s payment collection agent and that payment to Explore Sideways shall be considered the same as payment made directly by you to the Operator.

These terms and conditions shall be interpreted and applied in accordance with the laws of the Republic of South Africa provided that any rule of interpretation whereby a contractual ambiguity, gap or inconsistency shall be interpreted against the party responsible for its drafting shall be excluded from these terms and conditions. In these terms and conditions, any words expressing the singular shall be deemed to include the plural and vice versa and reference to any one gender shall include the other. Any reference to persons includes both legal and natural persons.

These terms and conditions do not detract from any consumer statutory rights in terms of the Consumer Protection Act 68 of 2008.

Before you continue, you should print or save a local copy of these terms and conditions for your records.

Your Account Information

Where you make use of a Explore Sideways’ account for any purpose, you must keep your account information accurate and up-to-date at all relevant times, including providing and maintaining a valid email address. You are responsible for the security of any password and any unique voucher or coupon code that is issued to you to use in relation to the services. We recommend a password that is at least 8 characters long and that makes use of a combination of upper and lower case characters, special characters and numbers. You are fully responsible for all activity, fees, liability and damage resulting from your failure to maintain the confidentiality of your password, voucher or coupon code and for any unauthorized use thereof by any other person. You agree to immediately notify Explore Sideways of any unauthorized use of your account or any breach of your account security. You also agree that Explore Sideways cannot and will not be liable for any loss or damage arising from your failure to keep your password, voucher or coupon code secure or for unauthorized use of your account.

If you do have a coupon or voucher code or qualify for one of our discounts, the relevant coupon or voucher code must be applied before proceeding to apply for a booking. Contact us for more information.

Privacy

Explore Sideways will not sell or disclose any Guest personal information, including any information relating to a person’s name, age, gender, identity number, address, telephone number or other contact information that we may hold except as provided for in these terms and conditions or where reasonably necessary to enable us or an Operator to provide a Service to that Guest. We will always uphold and observe any data protection laws to which we are subject.

When you visit Explore Sideways, we may collect technical and other user data, including the types and versions of operating system and browsers used to access our website, Internet protocol addresses, the website pages visited and the time spent on the website. This data may be used, for example, to identify software compatibility issues, or it may be analysed to improve our website design. We may also gather data using cookie technology, for example, to help remember your personal settings and preferences. We, or our authorised service providers, may use the technical and other user data we collect to analyse and improve our website design and to help us measure the performance of our online advertising campaigns.

Where you participate in any promotional competitions that we may run from time to time, including in conjunction with Operator’s, Venues, Affiliates or other prize sponsors, the terms and conditions of those promotional competitions will advise you whether we may disclose any personal information you submit to those persons. You will not be automatically entered into any such promotional competitions that entail the disclosure of personal information without your consent.

Where you have subscribed to any of our promotional services, such as our newsletter or social media channels, we may provide you with information about new tours, promotions, special offers and other information which we think you may find interesting. Should you wish to opt out from receiving these communications, you can simply unsubscribe from these services.

Fees and Charges

When you place a tour booking via this website, you authorize Explore Sideways to book the selected tour with an Operator. The price displayed to you shall be the offered tour price inclusive of Operators’, Affiliates and Explore Sideways’ service fees. You shall be liable to pay all fees and charges for tours booked through Explore Sideways and you authorize Explore Sideways to debit those fees and charges using the specified payment method that you create and link to your Explore Sideways’ account.

All fees and charges are due immediately and payment will be facilitated by Explore Sideways using the method designated in your Account, after which Explore Sideways will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Explore Sideways may, as the Operator’s limited payment collection agent, use a secondary payment method in your Account, if available.

 

As between you and Explore Sideways, Explore Sideways reserves the right to establish, remove and/or revise fees and charges for any or all services or goods obtained through the use of Explore Sideways’ services at any time in Explore Sideways’s sole discretion. Explore Sideways may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of Explore Sideways’ services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of Explore Sideways’ services or the fees and charges applied to you. Explore Sideways does not designate any portion of your payment as a tip or gratuity to the Operator. Any representation by Explore Sideways (on Explore Sideways’s website, in the Application, or in Explore Sideways’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Explore Sideways provides any additional amounts, beyond those described above, to the Operator. You understand and agree that, while you are free to provide additional payment as a gratuity to any Operator who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Operator.

Where Guests authorize an Affiliate to make a booking on their behalf, the Affiliate will be permitted to debit the fees and charges to the Guest’s account with the Affiliate. Guests will also be liable to pay any third party service providers whose services are not booked and paid for through the Explore Sideways’ website. Explore Sideways shall not be responsible for payment for any specific third party services that are not specifically listed and included in a booking transaction summary.

Failure on your part for any reason to pay any fees, charges or other amounts due to either Explore Sideways, an Operator or a third party service provider will result in interest being levied on all outstanding amounts at the rate of 2% per month, calculated daily and compounded monthly in arrears.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Operator vehicles and property resulting from your use thereof in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that an Operator reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by us in our reasonable discretion, we reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Operator using the payment method designated in your Account. Such amounts will be transferred by us to the applicable Operator and are non-refundable.

Refunds and Exclusion of Liability

Explore Sideways shall not be liable for your own failure to read the booking confirmation email, whether resulting from your provision of an incorrect email address or your inability to access the Internet at any time or for any other reason. Where you apply to make a booking on behalf of any other person, you warrant that you have all necessary permission and authority to do so and to accept all of these terms and conditions on behalf of that person. You indemnify Explore Sideways against any claims that may be made against Explore Sideways by an Operator arising out of or pertaining in any way to your booking or the acts or omissions of any Guest who participates or is booked to participate in the tour booked by you.

Guests and Affiliates agree to the terms of the Refunds & Cancellation Policy located at http://exploresideways.com/terms-of-use/refund-and-cancellation-policy/ the provisions of which are incorporated into these terms and conditions. Explore Sideways will ensure that the Operators with whom your booking is placed will agree to contract with you in terms of the above policy. Where you make payment of an advance deposit of any tour fees prior to receipt of a confirmation email, we will immediately facilitate a refund to you in full in the event that your booking application is not accepted.

Explore Sideways shall have no liability to you, nor to any person on whose behalf you act or on whose behalf you made a booking, for any claims arising out of or in relation to use or unavailability of the Explore Sideways website or booking and communications systems or relating to the performance or non-performance of an Operator’s services to you or any Guest or in relation to any harm, losses or damages sustained at any Venue or as a result of any acts or omissions of an Operator, including but not limited to any claims for missed flights or other events or for any damages or losses caused by any means whatsoever. Where you make a booking on behalf of another person, you indemnify Explore Sideways against any such claims that may be made against Explore Sideways by that person.

SIDEWAYS SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TOURS AND ACTIVITIES WITH THIRD PARTY OPERATORS, BUT YOU AGREE THAT SIDEWAYS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES, TOURS, TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY OPERATORS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Should you have a dispute with any Operator that is not resolved to your satisfaction in terms of the Refunds & Cancellation Policy, we may assist in the resolution of that dispute but we shall have no obligation to do so.

Without derogating in any way from any other provision in these terms and conditions, you agree that Explore Sideways’ entire liability to you, or to any Guest on whose behalf you make a booking, for any harm, losses or damages sustained in any way in relation to a booking or tour or the actions or omissions of any Operator or Venue shall not exceed an amount equal to the amount that would be due to you or to any Guest on whose behalf you made the booking in terms of the Refunds and Cancellation Policy had that booking or tour been cancelled by you 48 hours prior to its scheduled start time.

Intellectual Property

You acknowledge and agree that any and all intellectual property rights embodied in or associated with our website, logo’s, trademarks and other materials are, and will remain, our sole property or that of our licensors. Nothing contained in these terms and conditions shall convey any title or proprietary rights to you in or over any content or intellectual property accessed via our website. You agree that tour guides and Operators may take photographs of Guests on tour and that Explore Sideways may use these images for reasonable public promotional purposes without your further consent and without any obligation to make payment of any royalties or other consideration to those persons.

Indemnity & Insurance

You agree to indemnify Explore Sideways and to hold us harmless against any liability, penalty, claim, loss, cost or damages suffered by us where attributable to any wrongful act or omission by you or any person making use of your Explore Sideways account at any time or arising in any way as a result of a booking made by you via the Explore Sideways website.

Explore Sideways does not provide any insurance to Guests. Guests shall be responsible for their own travel and other insurance as they see fit. We strongly recommend that you take out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you travel. You may not be accepted as a ‘Customer Discover Applications PTY LTD’ passenger unless you have arranged satisfactory insurance. We accept no responsibility for the theft, loss or damage to personal belongings from at any time during the duration of your tour.

Warranties

No warranty is given nor is to be implied as to the suitability of our services, nor of any tours promoted or booked through Explore Sideways, for any particular purposes notwithstanding that any such purposes may be known or ought reasonably to have been known by Explore Sideways.

Explore Sideways supplies and provides its website and its booking service “as is” and does not warrant that the operation thereof will be uninterrupted or error free or that the website and booking services will be functional over all Internet connections or compatible with any particular electronic devices, browsers or other software applications.

Explore Sideways does not guarantee the performance of any Operator, Venue or other third party. You acknowledge and agree that Explore Sideways cannot and does not guarantee weather conditions or any specific animal sightings whatsoever, irrespective of whether the potential for good weather or animal sightings was marketed or promoted as a potential benefit of any tour.

Consideration and Respect

You agree to engage with tour Operators and Venues with consideration and respect and will refrain from abusive, threatening, indecent, disrespectful or demeaning behavior whilst on a Explore Sideways’ tour. Alcohol is not permitted to be consumed by any person under the age of 18. Smoking and drinking of alcohol is not permitted in Operator vehicles, nor in any public place unless clearly demarcated to the contrary. Any prohibited behavior may result in a Guest being rejected from further participation in a tour without provision of a refund and without any further liability to you whatsoever.

Reasonable Discretion

You acknowledge and agree that Explore Sideways and Operators may revise tour itineraries at any time and without prior notice to you where reasonable grounds exist, including but not limited to weather conditions, provided that the substituted itineraries are of substantially similar duration.

General Terms

The terms and conditions contained in these terms and conditions constitute all of the terms and conditions agreed to between the parties and no addition to or variation, amendment, cancellation or novation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of both of the parties.

The termination, cancellation or expiry of these terms and conditions shall not affect the enforceability of the terms which are intended to and/or which of necessity must operate after expiry or termination.

You acknowledge and agree that no promises, undertakings, warranties or representations of whatsoever nature were given to you prior to the entering into these terms and conditions other than as may be recorded in this document.

In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

We may revise or update these terms and conditions from time to time. You will be bound to any changes made at the time you make a booking.

Disclosures of Information

Where you have a right to request information prescribed in regulation 9 of the 1 April 2011 regulations promulgated in terms of the Consumer Protection Act 68 of 2008, you agree that where we receive such a request from you we may send the requested information to you by email to the address you used to register with Explore Sideways as updated by your from time to time.

Right to Terminate or Refuse Access to the Services

We reserve the right, which right may be exercised in our sole discretion, to cancel inactive Guest or Affiliate accounts. We also reserve the right to terminate access to the Explore Sideways’ website or to refuse access to our services to anyone, for any reason, at any time.

You acknowledge and agree that neither Explore Sideways nor any Operator shall have any liability to you for any cancelled or suspended tour or component of any tour where such cancellation or suspension arises as a result of an Operator’s bona fide and reasonable belief that to proceed with the tour or component thereof would unreasonably endanger the personal safety of you or any other person or would pose an unreasonable risk to any person’s property.

Specific Restrictions Applicable to Affiliates

There is strictly no pay-per-click (“PPC”) bidding on the Explore Explore Sideways brand name or any variations or misspellings thereof. Failure to comply strictly with this prohibition will result in forfeiture of any Affiliate payments due to you at any time. Affiliates may make use of the name ‘Explore Explore Sideways” or “Explore Sideways Tours” in the description. Please contact us if you would like to use the Explore Sideways URL as your display URL.