Terms of use
PREAMBLE
The Book Now Tours website is an online reservation service for activities (hereinafter the “Platform” or the “Site”) published and operated by Book Now Tours, a company incorporated under South African law (the “Company” or “Book Now Tours”).
The Company offers Platform users (hereinafter the “Users”) a technical service linking Users who would like to research and reserve activities with qualified professional service providers offering and supervising such activities (hereinafter the “Partners”) (hereinafter the “Service”). The Platform’s sole purpose is to link potential customers and the Partners, with the latter using the Service and providing their activities independently and under their sole responsibility.
The Company does not partake in any manner in the contractual relationship formed between individual Partners and Customers for each and every confirmed reservation.
GENERAL TERMS OF USE
The present General Terms of Use (hereinafter the “General Terms of Use” or the “GTU”) shall define the terms and conditions governing use of the Service offered by the Company.
The present GTU shall cover only Platform use and Activities’ reservation on the Platform by Users and shall not apply to the performance of said Activities and services by the Partners.
The company reserves the right to modify the present GTU at any time, without prior notice, it being hereby agreed that such modifications shall not apply to a reservation that would already have been confirmed by a Partner. Therefore, the GTU are susceptible of being updated and modified at any time, and must be consulted periodically. They will apply from the time they are updated to all new use of the Service.
PLEASE NOTE :
Users hereby acknowledge and accept that browsing the Site as well as using the functional features and services offered by or on the Site, and in particular reserving an Activity through the Service, shall imply express, prior acceptance of the GTU. Should a User not accept all or part hereof, said User shall not be authorized to remain on the Site and shall not be authorized to use the Service.
MOST RECENT GENERAL TERMS OF USE
Herein, the terms and expressions identified by a capital letter shall be understood as follows, whether used in the singular or plural.
“Activity”: shall be understood as the sporting activity or service offered for reservation by a Partner on the Site and, as the case may be, ordered by a Customer through the Service.
“Application Store”: shall be understood as the application downloading platform such as the Apple App Store or Google’s Android Market, through which the User has downloaded the Application.
“Content”: shall be understood as the information, texts, photographs, comments, and all other elements Users may communicate to the Company or input directly on the Site as part of the Partner assessment tool.
“Contract”: shall be understood as the contract formed between a Partner and a Customer through an order on the Site by the Customer for an Activity (or a Gift Certificate) with a Partner, under the terms described in the “Reservations and Payment” article.
“Customer”: shall be understood as a User, with a customer account, having concluded a Contract with a Partner.
“General Terms of Use”: shall be understood as the present document, amended from time to time in accordance with the provisions of the “Modifications” article herein.
“Gift Card”: shall be understood as the gift card of variable value Customers may purchase on the Platform in order to offer a not specifically identified Activity to a beneficiary, the latter deciding at a later stage which Activity to book with said gift card.
“Gift Voucher”: shall be understood as the gift voucher Customers may purchase on the Platform in order to offer a specifically identified Activity as a gift.
“Participant”: shall be understood as physical persons registered for participation in an Activity reserved through the Site. Participants may or may not be Customers.
“Partner”: shall be understood as the natural or juridical persons using the Site to offer Activities to Users/Customers.
“Platform”: shall be understood as the site accessible through the connection on the Book Now Tours Internet site or by downloading the Application.
“Service”: shall be understood as the technical service linking Users/Customers with Partners as described in the Preamble hereof.
“Site”: shall be understood as the site accessible through the connection on the Book Now Tours Internet site or by downloading the Application.
“User”: shall be understood as any physical person browsing the Site.
ARTICLE 2 SERVICE DESCRIPTION
The Company offers, through the Platform, a technical service linking Users, Customers and Partners. This technical service includes handling reservations, payments, refunds/cancellations – on behalf of Partners – and providing first line of support for Users and Customers as detailed in Article 13 of these General Terms of Use.
By means of the Platform and the Service, Users may reserve a sporting (or other) activity from a Partner.
The underlying Contract formed between the Partner and the Customer when reserving an Activity through the site shall be an autonomous contract in which the Company assumes no responsibility beyond what falls within the technical service as described above. The Contract shall be deemed formed upon acceptance by a Partner of a Customer’s reservation request.
Consequently, Users must verify whether they effectively wish to commit, independently, to a contractual relationship with a Partner and are, in this regard, ready to assume all the consequences thereof, noting that the name of a Partner is at all times presented in full transparency on the Site.
Partners shall be solely responsible, with regard to Customers, for the performance of the services provided for in the Contract, as the Company shall assume no responsibility in this regard. Similarly, the Company shall not be responsible in any manner for a Customer’s behavior with regard to a Partner.
ARTICLE 3 SERVICE ACCESS AND IDENTIFICATION
Users shall be personally responsible for implementing the computer and telecommunications resources providing for accessing the Site and the knowledge required for using the Internet and accessing and using the Site. Users shall remain responsible for their connection and equipment fees related to Internet access as well as using the Site and the Service.
Users wishing to reserve an Activity must create a User account or log in to their account if it has already been created. Account access is accomplished using a user login and password.
Users shall provide accurate information when registering on the Site.
Users shall also update such information in case of changes.
Users shall be solely responsible for maintaining the confidentiality of their user login and password.
In particular, Users shall be responsible for implementing the precautionary and safety measures required for protecting their password.
Users must immediately take all due steps should their password be revealed and/or in cases of fraudulent use thereof. In particular, Users must immediately change their password.
Users shall be solely responsible for the use of their user login and password. All access to a User account using the abovementioned user login and password shall be deemed, irrefutably, to have been performed by the User, as well as any modification or operation conducted on the User account following entry of said user name and password.
ARTICLE 4 RESERVATION AND PAYMENT
4.1 Activity Reservation Modalities
Customers shall reserve Activities with Partners through the Service.
Reservation Process
Activity reservation by a Customer with a Partner on the Platform shall be accomplished in accordance with the following:
- a Customer shall submit an Activity reservation request with a Partner online. In this regard, said Customer shall provide certain information to the Partner including, where appropriate, information regarding the physical condition, level, certification or license for each of the Participants;
- the Customer shall provide credit card or banking details in order to set up a payment pre-authorization using a secure payment system;
- the Partner shall be automatically informed of the reservation request (by e-mail, text message, telephone, or through the Company back office), and shall have a maximum timeframe of 48 hours to accept or refuse the reservation request;
- should the reservation request be accepted, the Contract between the Customer and Partner is formed and agreed, and the amount corresponding to the Activity is debited in accordance with the payment preauthorization. The Customer shall be informed without undue delay;
- should the request be rejected, the payment preauthorization shall be canceled, with no Contract being formed between the Customer and the Partner. The Customer shall be informed without undue delay;
- In this case, the Company or the Partner reserve the right to offer the Customer another date or an alternative Activity.
It is hereby noted that generally speaking, the Activities proposed by Partners on the Platform are subject to the latter’s availability. No request for compensation may be formed should a Partner not be available for an Activity, whether such request is addressed to the Partner or the Company.
It is hereby specified that the Customer shall have the option to cancel the reservation request as long as it has not been confirmed by the Partner. Such cancellation must be performed online on the Customer Account.
Gift Voucher
The Platform enables reserving an Activity in the form of a Gift Voucher, to offer an Activity to a third-party Participant. In this regard, a Customer ordering a Gift Voucher and then the Participant(s) reserving the corresponding Activity shall be accomplished in the following steps:
- a Customer shall select an Activity offered by a Partner and order a Gift Voucher. In this regard, said Customer shall provide certain information to the Partner;
- the Customer shall pay directly online using the secure payment system offered by the Platform and receive the Gift Voucher by e-mail, with a unique gift code specific to the reserved Activity;
- the Customer shall directly inform the Participant(s) and send them the Gift Voucher;
- the (or each) Participant beneficiary of the Gift Voucher may then connect to the Platform and reserve the Activity according to the procedure described hereinabove, with the difference that the payment is made using the Gift Voucher’s unique gift code.
The Gift Voucher shall be valid for a period of 12 months from the date of its purchase by the Customer, with the reserved Activity date being used as reference. It is hereby expressly specified that the Gift Voucher shall be specific to the selected Partner and Activity and may not be used to reserve other different or similar Activities offered by other Partners.
The Contract shall be agreed at the time of payment for the Gift Voucher by the Customer. No Gift Voucher shall be reimbursed. This clarification shall be understood without prejudice to the Customer’s option of exercising their right of retraction if applicable as specified in the Partner’s Activity terms and conditions.
Should the activity no longer be available for reservation when the Gift Voucher is used by the Customer or Participant, the Company shall reimburse the Gift Voucher, unless the scope of the Gift Voucher is modified in agreement with the Company.
In such situations, the Company may offer a similar activity to the Customer.
Gift Card
The Platform enables reserving an Activity in the form of a Gift Card. The Company Gift Card shall be valid for a period of 12 months from the date of its purchase. It is solely valid on the Company website.
The Gift Card may be used by the beneficiary to book any Activity proposed on the Site. It may never be used directly with Partners without a valid booking processed through the site.
No Gift Card shall be reimbursed.
If the Gift Card’s value is higher than the total value of the Activity booked by the beneficiary, any positive balance remains available by the beneficiary for any additional and future booking.
Unless indicated specifically otherwise, the GTU of the Site applies to all bookings made through the use of a Gift card.
Reservation Summary
When the Contract is formed, the Customer shall receive a reservation summary for the reserved Activity. Such reservation summary shall include the primary characteristics for the reserved Activity (number of people, place, date, time, meeting place, Partner name, Activity name, etc.).
The Customer, or one of the Participants, must remit the reservation summary to the Partner when the Activity begins.
The Customer hereby acknowledges having been informed and accepts that a reserved Activity may require modification and/or adaptation by the Partner due to weather conditions or other events beyond its control. The reserved Activity may even be cancelled under the terms specified in the “Cancellation” article herein.
4.2 Reserved Activity Payment
The Company holds a collection and invoicing mandate from the Partner, and is responsible for validating and collecting the price for the reserved Activity(ies) in the name of and on behalf of the Partner.
For all reservations for total sums greater than €200, or an equivalent amount in another currency, The Company may ask the Customer to provide a copy of an identity document as well as a certificate of residence before validating the reservation request.
The Site and the Service allow Users and Customers to find out the prices for Activities and conduct payment in a certain number of currencies which may be selected.
Should the currency selected by the User or Customer for display or the payment for the Activity price be different than the currency accepted by the Partner selling the Activity, it is hereby specified that the price displayed and retained shall be the result of a conversion of the Activity price into the currency selected by the User or Customer.
In this case, the conversion rate applied shall be a market rate, calculated on the basis of the previous day’s rate, provided by a specialized service provider independent of the Company. Regarding payment, the reference rate shall be that applicable on the reservation request date.
Customer payment in certain currencies may be subject to additional transaction fees automatically taken into account in the conversion rate used to display Activity prices. For more information regarding the relevant currencies, Users and Customers may contact Book Now Tours at: bookings@booknowtours.com
4.3 Modifications – Cancellation Activity Modification
Customers may request a Contract modification and in particular a change in the scheduled date for an Activity if such modification is possible pursuant to the Partner’s Activity general terms and conditions.
All requests for modifications must be made by the Customer connecting to their User account on the platform or contacting Book Now Tours directly at: bookings@booknowtours.com
Book Now Tours shall contact the relevant Partner in order to attempt to negotiate such modification with the latter on behalf of the Customer.
Should the modification request be accepted by the Partner, a new reservation summary shall be issued and sent to the Customer mentioning the reservation’s modified characteristics. Where appropriate, the Company shall proceed with the payment or reimbursement resulting from the reservation, on behalf of the Partner.
It is hereby specified that Partners shall not be required to accept a Contract modification request. Such requests, if accepted, may be subject to fees according to the Partner’s Activity general terms and conditions.
Should the modification request be refused, Customers wishing to maintain their request must implement the cancellation procedure described hereinafter.
Cancellation by the Customer
The modalities for cancellation by the Customer, as well as the resulting fees are listed, for each Activity, in the Activity cancellation policy included in the description of the said Activity. The company’s ability to reimburse the Activity is strictly governed by the provisions of the applicable cancellation policy.
A Customer and/or Participant no-show on the day scheduled for the reserved Activity shall be handled as a last-minute cancellation and shall not give right to reimbursement.
Cancellation by the Partner
The Partner may cancel an Activity if circumstances beyond its control make Activity performance impossible or dangerous, such as poor weather conditions or an injured instructor.
Partners shall inform Customer and/or Participant of such situations immediately or as soon as practically possible.
Where appropriate, the Partner may offer the Customer a change in the date selected for Activity performance. Should the Customer refuse said offer, the terms and conditions applicable for an Activity cancellation by the Partner shall apply, and the Customer may claim full reimbursement of the Activity price, excluding any indemnities.
Reimbursement of the sums paid by the Customer for said Activity shall be made without undue delay from the time information is received from the Partner regarding the cancellation.
Said reimbursement shall be made by the Company as the Partner’s agent.
ARTICLE 5 PROVIDER ASSESSMENT
The company has implemented an assessment system allowing Customers to assess Partners and the Activities they propose.
In order to publish an assessment or opinion regarding a Partner or an Activity, each Participant must be an adult, have a Company account, and have effectively reserved and performed an Activity with such Partner. Opinions may only be drafted once the relevant Contract has been performed.
The rating shall be on a scale from 1 to 5.
Customers may also enter comments online as part of this assessment. Customer assessments shall be under the Customer’s sole responsibility, and the Company will assume no liability in this regard.
Customers shall comply with applicable regulations and, in particular, objectively comment and assess the Activities and Partners and not express defamatory, harmful, or dishonest remarks regarding the Activities or Partners.
Moreover, assessments must be intelligible, exclusively cover the Activity being assessed, and the text content may not contain personal information (such as first and last names of individuals, telephone numbers, addresses), financial information, links to other web sites, or any content that may give rise to a conflict of interest.
Moreover, Customers shall refrain from including any elements of a political or religious nature, or with sexual connotation in their assessments.
The Company moderates Clients’ assessments with the goal of ensuring compliance herewith. To this end, each assessment may be subject to ex-ante moderation. The Company hereby reserves the right to contact a User if verification of an assessment is needed.
Users or Partners may request moderation of an online assessment by writing to: bookings@booknowtours.com and explaining the reasons for the request.
The Company reserves the right to delete any comment not in compliance with the above principles. In cases of repeated breach of the principles mentioned above, and after applying the procedures applicable to such breaches, the Company may suspend or terminate the account of any User committing such repeated breaches.
It is hereby specified that Partners shall enjoy a right of response which must be sent to the following address: bookings@booknowtours.com within a maximum of three months from the initial assessment publication date. The Company shall ensure the response’s compliance herewith and all the points mentioned above before publishing it.
ARTICLE 6 SERVICE COST
The Service is offered without valuable consideration for Users and Customers, in that no fees shall be applied by the Company to Customers, as the latter shall only be responsible for paying the sums due to the Partner pursuant to the Contract.
ARTICLE 7 USER’S OBLIGATIONS AND COMMITMENTS
7.1 Compliance with Laws and Regulations
Users shall use the Site and the Service respecting the rights of third parties and with respect and courtesy with regard to the rights of Partners and the Company.
Users shall, when browsing the Site and using the Service, comply with applicable regulations.
In particular, Users shall:
- not use the Site or Service to receive services that contravene applicable regulations;
- not slander, insult, or denigrate a physical or legal person;
- not create user accounts with fictional identities; not falsify their own identity;
- not harm others by using the Site or the Service, and in particular not steal the identity of a third party, and not, more generally, use third party’s data;
- not use the contact information obtained through the Site or the Service in order to disseminate unsolicited or unauthorized mail regardless of the form of communication or solicitation;
- not use the contact information obtained through the Site or the Service to disseminate computer viruses or similar threats;
- not harm the Partners’ or Company’s reputation, or the Company’s brand image;
- not disrupt or allow interruption on the Site;
- not harm or attempt to harm the services provided by one or more of the Company’s contractor or partners and in particular the hosting company, including, non-exhaustively, exposing the Site to a virus, creating saturation, flooding the server, or saturating the messaging system with e-mails;
- not access or attempt to access data not intended for Users or enter or attempt to enter any part of the server hosting the Site, in a private User space, and/or access or attempt to access all or part of the data Users are not authorized to access;
- not probe, scan, or test a system’s or network’s vulnerability, or breach the Site’s or all or part of a Service’s security or authentication measures, or attempt to illicitly access the networks and systems connected to the Site;
- not upload to the Site, display, or send by e-mail or any other means, any element containing software viruses or other codes, files, or computer programs designed for or with the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or any telecommunications equipment.
7.2 Responsibility and Obligations Related to Activity Reservations
With regard to reserving and performing Activities, Customers and Participants shall:
- ensure they fulfill the necessary conditions, where appropriate, mentioned in the Activity description (physical condition, certificate, practice level, license, etc.) before reserving an Activity; otherwise the Partner may refuse the Customer’s or Participant’s access to the Activity without reimbursement;
- ensure the accuracy of the information provided for the Activity reservation with the Partner; otherwise, the Partner may refuse access to the Activity;
- strictly comply with the Partner’s instructions and rules, before, during, and after performing the Activity, in particular with all rules and instructions providing for ensuring the Activity takes place under optimally safe conditions;
- arrive on-time at the place provided and indicated on the reservation summary. Being more than 15 minutes late may result in reservation cancellation as per the Partner’s terms and conditions for the said Activity and indicated on the reservation summary.
It is hereby specified that any activities performed outside or alongside the reserved Activity shall not be under the Partner’s or the Company’s responsibility.
It is also hereby specified that the Company does not have the technical means of verifying whether a Customer or Participant has the physical condition, experience, license, certificate, or level sufficient to perform an Activity.
As such, it is hereby expressly specified that Customers and Participants shall reserve and participate in Activities under their own responsibility, taking into consideration their level, physical condition, experience, limits, and the risks inherent in taking part in a “risky” sporting activity.
To this end, neither Partners nor the Company shall be held liable for injuries, accidents, or deaths while performing an Activity.
7.3 Guaranties
Users shall hold the Company harmless against any conviction against it resulting, directly or indirectly, from the User’s use of the Site or Service.
Users shall reimburse the Company all sums it may be called upon to outlay in such a situation, whether following a legal decision or under the framework of a transaction.
7.4 Insurance
Customers are hereby informed of the obligation, for themselves and all Participants, of being correctly insured for civil liability in France and abroad while performing sporting activities. It is hereby specified that the Activities offered on Book Now Tours, unless stated otherwise, do not include personal accident insurance.
It shall be each Participant’s responsibility to ensure their insurance coverage is sufficient and, if necessary, take out suitable protection with the insurance company of their choice.
On the Site, the Company may list “risky” activities. Customers are hereby reminded that supplementary personal accident insurance (assistance and repatriation) is strongly recommended for this type of activities.
ARTICLE 8 EVIDENCE AGREEMENT
Users hereby expressly accept that all electronic data, regardless of medium, in particular connections logs, computer files, logins, time stamping data, messages, e-mails, and others, emanating from the Company’s information system and those of its subcontractors and partners shall be fully enforceable against them.
Users shall not contest the admissibility, validity, or enforceability of such elements of proof due to their dematerialized nature and acknowledge that such elements shall stand as evidence of the actual operations.
Therefore the elements in questions shall constitute evidence and, if produced by the Company in a litigious procedure or other, shall be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same probative force as any document drafted, received, or retained in writing on paper.
ARTICLE 9 PROPERTY
9.1 Rights to the Site and the Service
The Site, the Service and the data they contain are protected by intellectual property law.
Therefore, unless stated otherwise, the intellectual property rights to the documents and all data of any kind contained in the Site and the Service and in particular to each of the elements composing the Site and the Service (images, animated or not; illustrations; photographs; sounds; know-how; architecture; texts; graphic items; etc.), including the software and databases shall be the Company’s and its Partners’ exclusive property (hereinafter the “Protected Elements”).
The Company shall not grant any license to all or part of the Protected Elements or any right other than that to view the Site and use the Service.
Reproduction in whole or in part of the Site and/or the Protected Elements shall be authorized for the sole purpose of information for personal and private use of the Site.
Any reproduction and any use of copies created for other purposes, in any manner whatsoever and in any form whatsoever, shall be expressly prohibited, without prior written consent from the Company.
It is also prohibited to:
- copy, modify, create a derivative work, assemble, decompile (except for cases provided for by law), sell, assign, sub-license, or transfer in any manner whatsoever any rights regarding the Protected Elements;
- modify all or part of the Protected Elements in order, in particular, to obtain unauthorized access to the Service or access the Site by means other than the User interface provided by the Company for this purpose;
- access or use the Protected Elements diverting the Site’s purpose, principles, or terms of use whether directly or indirectly.
Consequently, any reproduction and/or representation, in whole or in part, of the Site, Service, and/or Protected Elements, without the Company’s prior written consent shall be prohibited and constitute counterfeit sanctioned, in particular, by the French Intellectual Property Code.
9.2 Rights to the Application
The Company hereby grants the User, without valuable consideration, a personal, non-exclusive, non-transferable license to use the Application as object code.
No other right shall be granted with regard to the Application. In particular, the Company reserves the right to correct and modify the Application, without making any commitment to the User in this regard.
Enjoyment of the present license shall be strictly limited to use for enjoying the Service and may be called into question without notification by the Company in cases of non-compliance by the User of the terms hereof.
The terms hereof shall be supplemented and clarified in the license terms included in the contract pursuant which the User is bound to the Platform.
Users hereby acknowledge that the terms hereof bind them to the Company. In this regard, Users shall comply with these terms and shall be liable, with respect to the Company, should they not respect these terms.
9.3 Rights Regarding Distinctive Signs
All brands, logos, and other distinctive signs appearing on the Site and Service, including domain names, shall be the Company’s and its partners’ exclusive property. Book Now Tours is a trademarked brand.
Any use, in any manner whatsoever, of said brands and/or logos and/or any other distinctive sign shall be subject to prior written authorization from the Company or its Partners or other partners holding the relevant rights.
Users hereby acknowledge the Company’s and its partners’ rights regarding said distinctive signs and shall refrain from any use thereof and more generally infringing the Company’s and its partners’ intellectual property rights.
Users hereby acknowledge that any violation of such rights would constitute a prejudice for the Company and/or the Partners and/or its partners, in particular in terms of damage to their image.
9.4 Comments and User Content
Users hereby cede to the Company all intellectual property rights to the Content required and sufficient to allow the Company to publish online and disseminate all or part of the Content on the site.
The rights ceded in this regard shall include, in particular: reproduction, representation, transmission, translation, distribution, use, and where appropriate modification and translation rights for media of all types. Said rights shall be ceded without valuable consideration, for the entire world and for the duration of the Content’s protection by intellectual property laws and authorize publication online by means of any technical process, known or future.
Users hereby guarantee they hold sufficient property rights to the Content to authorize such online publication and shall bear sole responsibility regarding the Content’s legal compliance. In this regard, Users shall ensure the Content published online does not infringe upon third party rights, in particular intellectual property rights.
Users shall hold the Company harmless against any claims or legal actions related to publishing the Content on the Platform.
ARTICLE 10 CONSEQUENCES OF NON COMPLIANCE WITH THE GENERAL TERMS OF USE
The Company reserves the right, in cases of non-compliance by a User with one of the obligations mentioned herein, to suspend or exclude the User from enjoying the Service.
Such possibilities shall be without prejudice to the Company’s possible liability remedies against said User.
ARTICLE 11 MODIFICATIONS
11.1 Site and/or Service Modifications
Users hereby acknowledge that the Company shall be free to develop the Site and/or Service at any time and at its sole discretion.
Any modifications that may be made to the Site and/or Service shall be under the Company’s sole arbitration.
11.2 Modifications to the General Terms of Use
The Company reserves the right to adapt or change the GTU at any time.
In cases of substantial modification, Users shall be informed by any means, at the Company’s discretion, such as, for example, being displayed upon connecting to the Site.
Any use of the Service following such modification shall be deemed as acceptance of the modifications.
ARTICLE 12 RESPONSIBILITY
12.1 Site and Service Access and Operation
The Company shall be subject to a best effort obligation. The Company shall provide the Service as a good, diligent professional.
Users hereby acknowledge that, notwithstanding all the resources the Company implements, the Internet and telecommunications networks present technical specificities implying the impossibility of guarantying (i) correct Site and Service operation, in particular in terms of uninterrupted Site access continuity, Site and Service performance such as, for example, response times for the various requests and actions submitted and (ii) Site and Service security, in particular in terms of the presence of viruses.
Moreover, Users are hereby informed and accept that operating the Site and the Service require that the Company perform technical servicing, in particular as part of maintenance operations. As such, the Site and the Service may be temporarily suspended, in particular in cases of system breakdowns, maintenance, repairs, or updates.
The Company shall not be held liable for any damage Users may incur due to using the Site or the Service and, in particular, any damage resulting from the Site’s unavailability and, in particular, technical issues.
12.2 The Company’s Responsibility Perimeter
The Company provides a technical service linking Users, Customers and Partners.
Partners is solely liable with respect to Customers and Participants for the correct performance of the Activities offered for reservation on the Site.
The Company shall not be held liable in any manner for total or partial non-compliance with an obligation and/or poor performance by a Partner with regard to the execution of an Activity.
Consequently, the Company shall not be held liable in cases of poor performance or non-performance, in whole or in part, of Partners’ obligations.
The Company shall also not be held liable for the acts of a Participant while performing the Service.
Customers and Participants shall not take action against the Company with regard to issues of performance, non-performance, or poor performance of an Activity.
Users shall be personally responsible for acceptance of the General Terms of Use by Participants whom the User is responsible for registering for an Activity.
12.3 Responsibility Limitations
The Company shall only be held liable in case of breach, proven by a User or Customer, of its contractual obligations in the execution of the linking Service. The Company shall only be liable for damages resulting from breaches directly and exclusively under its responsibility.
Should the Company be liable towards a User, the Company shall be responsible for the direct damage incurred by such User and proven thereby within the limits, for the duration of the contractual relationship and for all incidents, of an overall sum corresponding to a maximum of €500.
The Company shall not be held liable for indirect damages.
The present clause shall be applicable regardless of the legal basis for the request, including if it is based on negligence, an erroneous statement, or contractual breach.
No notification of a grievance may be made by one of the parties against the other more than six (6) months after the date of the events constituting the grievance have been discovered or should have been discovered.
The Company shall not be held liable, generally speaking, in the following cases: (i) an act by a User, Customer, Participant, or Partner, or (ii) cases of force majeure, or (iii) acts by third parties and in particular non-operation, malfunction, inability to access or difficulties using or receiving the Internet, or (iv) consequential or non-consequential damages regarding services other than the Service delivered by the Company in accordance herewith, or (v) due to the content, nature, or characteristics of the products and/or services provided by a Partner to a Customer.
ARTICLE 13 COMPLAINTS
The Company is concerned with its Customers’ experience and would like to offer a quality reservation experience.
Therefore, in cases of issues when reserving an Activity or during its performance by the Partner, the Customer or Participant may
- send an e-mail to bookings@booknowtours.com
In cases of difficulties with a Partner, the Company shall contact the latter in order to attempt to settle the issue on behalf of the Customer, on a best-effort basis.
In the scenario where a client wishes to obtain partial or total reimbursement, such reimbursement – if accepted by the Partner – will be processed by the Company directly, for and in the name of the Partner.
Participants may also use the Platform’s assessment system, in compliance with the rules listed in Article 6 hereinabove.
Moreover, while the Company takes issues encountered by its Customers and Participants with Partners or with respect to Activity performance seriously, the Company shall not be held liable in any manner whatsoever in case of non-compliance in whole or in part with an obligation and/or poor performance by a Partner with respect to the execution of an Activity.
ARTICLE 14 PERSONAL DATA PROTECTION
With respect to the rights and obligations regarding using and protecting personal data, Users are hereby invited to consult the Privacy Policy accessible online on the Site.
The Privacy Policy represents an integral part of the GTU.
ARTICLE 15 LINKS
Any creation of links to the Site, framing the Site, and more generally any use of a component element of the Site shall be subject to prior written consent from the Company and may be revoked at any time at the Company’s sole discretion.
The Company reserves the right to (i) request deletion of any link to the Site that has not been or is no longer authorized and (ii) request damages as remedy for the prejudice incurred therefrom.
The Site may contain links directing to other Internet sites or other Internet sources. In so far as the Company cannot control such sites or external sources, the Company shall not be held liable for making these sites and sources available, and shall not be held liable for the operation, content, advertisements, products, services, or any other information or data available on or from such sites or external sources.
Establishing such links shall not imply that the Company sponsors or recommends the linked site in question or that the Company is affiliated therewith.
Moreover, the Company shall not be held liable for any damage or loss, actual or alleged, following or in relation to using or the act of trusting the content, the goods, or services available on such sites or external sources.
ARTICLE 16 GENERAL PROVISIONS
Should one or more provisions herein be held invalid by a law or regulation or found to be so by a final decision from a competent jurisdiction, they shall be deemed unwritten; the other provisions hereof shall retain their full force and scope.
The fact that one of the parties has not demanded application of a given clause, whether permanently or temporarily, shall not, under any circumstances, be deemed as renunciation of said party’s rights resulting from said clause.
ARTICLE 17 APPLICABLE LAW – DISPUTES
The present General Terms of Use are governed by and must be interpreted under South African law.
Any dispute regarding the interpretation, execution, or termination hereof shall be under the sole competence and jurisdiction of the courts of South Africa.
It is further reaffirmed that the autonomous Contracts formed between Partners and Customers when reserving Activities shall be governed by the law applicable to each case in question.