Terms and Conditions
Terms and Conditions, Security and Privacy
Booking Terms and Conditions
When accessing and/or using the website located at www.capetowngaytours.com (the “Website”) you are entering into a legally binding contract with Cape Town Gay Tours upon the terms of these terms and conditions (“Terms”). Cape Town Gay Tours is a trading name of Richard Hopkins who operates the business as a sole proprietor (hereinafter referred to as “we” or “us” or “our”).
By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
Cape Town Gay Tours, herein after referred to as ‘the Company’ accepts day tours, overland tours & safari bookings and provides day tours, overland tours & safaris, subject to the terms and conditions outlined herein, which agreement shall be the whole agreement between the parties:
This booking and subsequent contract shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
The parties consent to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended, but it is specifically agreed that the Company at its instance will have the discretion to sue in the High Court if it deems it appropriate.
All prices and services are correct at the time of updating. All prices, services and departures are subject to change without prior notice.
The Company reserves the right to alter the published price of any tour due to increasing tariffs, costs and entry fees or fluctuation of exchange rates, such amounts shall be determined at the sole discretion of the company.
Cape Town Gay Tours will not accept any booking where the booking is incomplete in any respect.
The Company reserves the right to decline any booking without outlining its reasons therefore.
No booking shall be considered confirmed until a written confirmation email has been sent to the client and the full amount due paid.
Deposit and Payment
All rates quoted are subject to change without prior notice due to currency adjustments, increases in Government Bed Levy, sales tax or VAT and any other unforeseen operator increases, until such time as full payment has been received and final documentation has been issued.
The following payment terms apply to all Cape Town Gay Tours services:
- Where costs are incurred by us to book tickets in advance, all of these costs are required as a non-refundable deposit to secure a booking. This amount forms part of the payment for the trip and shall be offset to the total amount charged. These costs will be communicated with you on a case-by-case basis. If we can get a refund on any tickets purchased, due to your cancellation, we will refund these monies to you less 10% administration fee. If we cannot get a refund, it is non-refundable.
- If the full amount is not paid by 30 days prior to departure, the Company reserves the right to treat the booking as cancelled and the deposit shall be forfeited. Should you wish to make payment for your trip by means of a credit card, please note that in terms of the South African Reserve Bank foreign currency regulations, all payments must be converted into South African Rands prior to credit card payment processing. This may lead to foreign exchange variances. Strengthening and weakening of the South African Rand may increase or decrease the billing amount reflected in your currency. We do reserve the right to charge a 5% card processing fee. Clients are welcome to settle payment by means of a bank transfer – in this instance the amount will be converted by your bankers on presentation of our invoice. It is the client’s responsibility to inform and instruct their bankers that the net invoice amount must equal the funds clearing into the Cape Town Gay Tours bank account and that ALL bank charges are for the client’s account.
- Cancellations – The following cancellation terms and conditions apply to all Cape Town Gay Tours services:
- 10% cancellation fee to cover card processing fees and administration if the client cancels more than 30 days before the tour. 100% cancellation fee where cancellation is made less than 30 days prior to departure. The Company reserves the right to cancel any tour at its sole and absolute discretion, without prior notification in instances where this is unavoidable. However, in this instance the Company agrees to refund all monies already paid by the client. This shall be the Company’s sole responsibility to the client and no claim for any damages, howsoever arising, shall be accrued against the company. Tours are subject to a minimum booking of two (2) passengers. If that number is not obtained, the Company reserves the right to cancel the tour. A full refund would then be payable to all booked clients.
Comprehensive travel insurance is advised on all tours. It is the client’s responsibility to ensure that they have this insurance in place and the required paperwork to prove such before embarking on the tour. Any resulting consequence of not having this paperwork is the sole responsibility of the client.
The client accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither the Company nor any of its agents shall be held liable in any way for any injury, loss of life or damage to property, howsoever caused and the client hereby indemnifies and holds the company, its agent, assigns and servants harmless from any such claim. The client accepts full responsibility for all risks involved.
All luggage and personal effects are at all times the client’s responsibility and the Company does not accept any liability for any loss or damage of any personal effects, howsoever arising.
The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that they are medically fit to embark on the tour. We suggest that you contact your local GP for health information on the visiting country.
All clients are advised to take out comprehensive medical insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment. We strongly advise you to purchase medical insurance prior to commencing your trip.
Authority on Tour
The decisions of the operator’s guide / driver on tour shall at all times be final and binding, i.e. due to weather and road conditions, safety precautions, etc. The client must at all times comply with the laws, customs and foreign exchange regulations of South Africa.
Should the client be in any contravention of the above or the client is a nuisance to the group the driver/guide may order the client to leave the tour without any claim to a refund. The client shall be obliged to make their way home at their own expense.
The information contained on this site is an invitation to do business and not an offer. If you forward an offer to us, Cape Town Gay Tours shall indicate their acceptance thereof by return mail. Therefore any agreement resulting from the acceptance of an order is deemed to be an agreement between us and yourself.
The Company reserves the right to use any photographs and videos taken during tours for use in marketing or any other advertising material and the client hereby gives consent of such photographs to be used and for the company to retain copyright over such photographs to be used and for the Company to retain copyright over such material.
Security and Privacy Terms and Conditions
Cape Town Gay Tours has created this security and privacy statement in order to document and communicate its commitment to doing business with the highest ethical standards and appropriate internal controls.
Explicit Information Gathering
Any information requested from you is used to provide information for the purpose of those who enquire about our products and services, to ship orders, to bill orders, and to handle related business matters. This information is also used to get in touch with customers when necessary. From time to time, the information gathered through this site will be used to notify you about products and services that we think will be of interest to you.
When you disclose personal information to us that is where it stays. The only exception involves disclosure according to an order of a court, for example responding to a subpoena or search warrant. We do not sell, rent, trade, lend, or otherwise transfer such personal information to affiliates, subsidiaries, sister companies, holding companies, parent companies, strategic partners, or any other organisation.
Links to Other Sites: This site can contain a number of links to other sites. Cape Town Gay Tours is not responsible for the security or privacy practices of these sites, the products or services offered by these sites, or the content appearing on these sites.
We employ a variety of other mechanisms to ensure that data you provide is not lost, misused, or altered inappropriately. These controls include data confidentiality policies and regular database backups.
Cape Town Gay Tours will keep all personal information you give us as strictly confidential and no personal information will be made available to third parties, unless obliged to do so by law or legal process.
When you forward personal information including your name, e-mail address, mailing address and credit card details to us, Cape Town Gay Tours will use a secure server to encrypt such information before it is received by us. Once we receive it, we will protect such information from unauthorised access and use.
The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. Cookies cannot harm your computer in any way and are an industry standard.
Furthermore, our users may configure their browsers to not accept our cookies. Cape Town Gay Tours may send e-mail messages to our customers with news and special offers and users may, by return mail, indicate whether they would prefer not to receive any such mail in future.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfil your specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Intellectual Property Rights
All the content on this site, including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of Cape Town Gay Tours and its associates and are as such protected by South African and International Intellectual Property Law.
Disclaimer of Warranties and Limitation of Liability
This site is provided on an “as is” and “as available” basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, this site’s owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site’s owner does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. This site’s owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Although Cape Town Gay Tours endeavours to provide accurate, up- to-date and truthful information on this site, neither Cape Town Gay Tours nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials and products included and available from this site.
Cape Town Gay Tours, its employees, agents and associates will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or the information contained hereon, including but not limited to direct, indirect, incidental, punitive and consequential damage.
This site is created, maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.
This website contains content provided by third parties and hyperlinks to other sites. Cape Town Gay Tours does not screen or filter such content or the other sites or information available from the other sites, and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage our users to report any infringement, illegal or criminal content found on any of the sites available through links from this site in order to investigate whether such a link should be removed. Due to the variation of season our rates are purely an indication and whilst we do our level best to maintain the accuracy these are indicative.
Change to User Agreement
Cape Town Gay Tours reserves the right to make changes to this site and this user agreement at any time without notice.
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
With respect to this website, there are two options regarding your personal information. If you wish to contact us about our products or services, then you need to disclose your contact information so that we can service your request. If you wish to remove your name and related information from our database, please inform us and we will promptly take action to comply with your request. We are pleased to process address error correction notices and address change requests through any of the following channels:
Sending electronic mail to email@example.com any time of day or night. Physical address: 2 Club Street, Cape Town, 7945. Post Box: As above or phone us on +27 7137 79443.
If you have any questions about this security and privacy statement, the practices of this site, or your dealings with our company, you can contact us using any of the above communications channels.
CONSUMER PROTECTION ACT NO 68 OF 2008
If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
No provision of these Terms (or any contract governed by these Terms):
Does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
Requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
Limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.