for Travelers and Members
Last Updated: 12/11/2019
Introduction and Scope of Services
GAAT Travel & Tours (Pty) Ltd. t/a GallivantAfrica and its subsidiary GallivantPlus provide an online platform with technology for Travelers, Members and Operators to meet online, enter contests, write reviews, search, compare and book tours, cruises and other types of activities (“Tours”). Tours are booked directly from the respective independent tour operator offering the Tour (each an “Operator”). The “Travelers” are travelers interested in booking a Tour. The “Members” are persons who completed GallivantAfrica’s account registration process. Travelers and Members are jointly referred to as “you”.
The “Services” comprise listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.gallivantafrica.com including its subpages (collectively, the “Site”) and any related applications (the “Application”).
GallivantAfrica is solely acting as a commercial agent for the Operators. GallivantAfrica is not an operator of Tours, nor is it a provider of Tours, nor a representative or proxy of an Operator nor an insurer. GallivantAfrica does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travelers. GallivantAfrica’s responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Operator.
GallivantAfrica has no control over the conduct of Operators, Travelers, MEMBERS and other users of the Services. GALLIVANTAFRICA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. GALLIVANTAFRICA IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELER’S OWN RISK.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.
Bookings and Payments
Bookings by Travelers with Operators
The respective Operator only, and not GallivantAfrica, is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Tours reserved through the Services. The Operator is also responsible to provide all information legally required to the Traveler. If you, as a Traveler, choose to enter into a transaction with an Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Operator and will receive necessary information from the Operator only. You acknowledge and agree that GallivantAfrica is no party to the agreement but only acts as the commercial agent to the Operator and GallivantAfrica accepts no liability arising from or related to any of your agreements with the Operator unless GallivantAfrica is legally obliged to do so or to fulfil certain information and security obligations towards the Traveler.
The Operators are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by GallivantAfrica in its sole discretion) or the requested booking will be automatically cancelled.
Once the confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking.
Payments by Travelers
You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Operator. The availability and price of a Tour can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Operator’s terms according to the booking page.
GallivantAfrica in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Operator as its commercial agent. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
Bank and Credit Card Fees
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of South Africa (or your country of residence), your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. Booking international travel may be considered to be an international transaction by the bank or card company, since GallivantAfrica may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
By offering reservations for travel in particular international destinations, GallivantAfrica does not represent or warrant that travel to such areas is advisable or without risk. GallivantAfrica will not be liable for damages or losses that result from travel to such destinations.
You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. GallivantAfrica bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Traveler Cancellations and Refunds
- the applicable Operator does not confirm the requested booking, or,
- as a Traveler, you cancel your requested booking before the requested booking is confirmed by an Operator, any amounts collected by GallivantAfrica or its third-party payment processor will be refunded to the Traveler within a commercially reasonable time, depending on the selections the Traveler made via the Site and Application, and any pre-authorization of such Traveler’s credit/debit card will be released.
Once your booking is confirmed by the applicable Operator, the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator. Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Operator. A cancellation must be done via your booking conversation page.
If you are advised that your booking is on an ‘on request’ basis (which is typically the case for tours booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator from the moment when you have submitted the booking request. When a tour is ‘on request’ the Operator needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. So, if the request comes back approved you will be charged for the full amount, and if, as a Traveler, you cancel such a booking, this does not entitle you to any refund. If the Operator cannot confirm your request, you will receive a full refund.
Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveler within a commercially reasonable time of the cancellation by the Operator and the Traveler may receive an email or other communication from GallivantAfrica containing non-binding suggestions for alternative Listings and other related information. If an Operator cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from GallivantAfrica, please contact GallivantAfrica at email@example.com.
GallivantAfrica may in its sole discretion offer promo codes from time to time and unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings for tours and on the same basis as outlined above for the Friends with Benefits program. Only one promo code can be redeemed per booking and they may not be combined with travel credits.
All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (“Intellectual Property”).
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
All software, applications, and modules (collectively, “software”) used on the Site are proprietary to or licensed to us by other parties (“Software Providers”, together with IP Providers, the “Providers”). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any “robot”, “spider”, or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to GallivantAfrica the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or GallivantAfrica’s use of the Content (or any portion thereof) on, through or by means of 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. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site and GallivantAfrica will monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.
GallivantAfrica may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or terminate your GallivantAfrica account. Upon termination GallivantAfrica will within a commercially reasonable time pay you any amounts which GallivantAfrica is legally obliged to pay you. GallivantAfrica does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
Reporting Claims of Copyright Infringement
If you believe that materials hosted by us infringes your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
- A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:
GAAT Travel & Tours (Pty) Limited,
Dlogan House, 8A Wessels Road, Rivonia, Sandton 2191, Johannesburg, Gauteng, South Africa.
We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
If you choose to use the Services, you do so at your sole risk. GallivantAfrica does not have an obligation to conduct checks on any Travelers, Operators, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided “as is”, without warranty of any kind. In particular, GallivantAfrica makes no warranty regarding the quality of any Listings, Tours, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from GallivantAfrica.
Without limiting the foregoing, GallivantAfrica is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Tours and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Listings and the Tour. GallivantAfrica is not a (re)seller of the Tour. Complaints or claims in respect of the Tour are to be dealt with by the Operator. GallivantAfrica is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. GallivantAfrica explicitly disclaims all liability for any act or omission of any Traveler or other third party.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by GallivantAfrica. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through GallivantAfrica (whether through this site or call center), even if advised of the possibility of such damages.
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 Services and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online remains with you.
GallivantAfrica shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of GallivantAfrica’s obligations in respect to the Services, up to the maximum amounts specified herein. Neither GallivantAfrica nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Operator as made available, (c) the services rendered or the products offered by the Operators or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services. GallivantAfrica has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event will GallivantAfrica’s aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between GallivantAfrica and you.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips, or the Intellectual Property.
Links to Third-Party Sites
Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by GallivantAfrica of the content of such linked websites or third-party services. GallivantAfrica has no control of the content of any linked website and is not responsible for these websites or their content or availability. GallivantAfrica makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. GallivantAfrica accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
Fortunately, complaints are few and far between. However, should you have a complaint, please contact GallivantAfrica’s customer service at (e-mail and phone) within 60 days of return from your tour. A consumer may also bring proceedings in the courts of the country in which consumer is domiciled. However, consumer agrees that complaints not received within 60 days from the return date of your tour will be barred.
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, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
The commercial relationships that GallivantAfrica has with the Operators are governed by separate agreements. Operators may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).
GallivantAfrica reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.