When participating on a Tour, you must cooperate with us, and conduct yourself in an appropriate, decent, lawful, non-aggressive, non-bullying and proper manner, and comply with these Terms and any instructions or directions given to you by us or any of our tour guides, at all times.

We may terminate these Terms and request you to leave a Tour if in our view your conduct is inappropriate. If we request you to leave a tour, no refund will be made to you.

You acknowledge and agree that we are unable to control the conduct of you or third parties. You acknowledge and agree that, to the maximum extent permitted by law, we will not be responsible or liable for any conduct of, you or any third party.

You agree to do all things, and provide us with such information and documentation necessary, and as we reasonably require for us, to be able to process your booking for a Tour and to provide the Tour to you. This includes, but is not limited to, providing us with your full name, date of birth, passport and passport details or details of any medical conditions. The information and documentation that you provide to us, must be complete, accurate and correct.

On occasions during the Tour, we might ask for your assistance in the preparation of meals for the group. You are not obliged to help, however we ask for your cooperation and strive to share responsibilities equally amongst group participants.

During your Tour, your tour guide or other group members may take photos or record videos of you participating in the Tour or you may provide us with photos or videos that you have taken. You consent to us publishing such photos and videos and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

We collect personal information about you in order to confirm your eligibility for a Tour (including confirming your date of birth), to allow you to make a booking for a Tour on our Site, to process your booking for a Tour (including to apply for visas on your behalf), to enable you to access and use the Site or check-in portal, to create an account, to contact and communicate with you or to respond to your enquiries.

When collecting and using your personal information, we agree to comply with the South African Privacy Policy as set out in the Protection of Personal Information Act (POPI) and any other applicable Laws.

We may disclose that information to third party service providers who help us deliver our services and Tours (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners (including third party tour operators)) or as required by law. If you do not provide this information we may not be able to supply our Tour to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside South Africa.

We may retain personal information provided by you to communicate with you or to allow you to access your account or to book other Tours with us. If you wish to opt-out of communications (including any marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in any of our communications.

You may request to obtain the details of the personal information that we hold about you or the deletion of the personal information that we hold about you by contacting us using the details below.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with these Terms.

Third Parties: We may provide Tours to you using third parties. We make no representation or warranty about the services provided by third parties, and to the maximum extent permitted by law, we exclude all responsibility and liability for the third party services, or their failure to provide the services.

Warranties: You acknowledge and agree that the information and material on our Site may be inaccurate, incomplete or unavailable from time to time. To the maximum extent permitted by law, all information and material are provided to you without warranties, guarantees, representations or conditions of any kind, either express or implied, and we expressly disclaim all warranties, guarantees, representations or conditions of any kind.

Exclusions: To the maximum extent permitted by law, we exclude all liability, and will have no liability, for:

• the Site or your use of the Site;
• any acts or omissions of you (including your participation in any Tour);
• any acts or omissions of any third party (including, but not limited to any government agency, hotel, tour operator or airline);
• any event or circumstance beyond our reasonable control;
• any information or documentation supplied by you;
• any property loss or damage (including to your baggage) or personal injury, loss or death; and
• any Consequential Loss.

Limitation: To the maximum extent permitted by law, our total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to us either, at our sole and unfettered discretion, resupplying the relevant Tour to you or paying to you an amount not exceeding the Fees paid by you to us for the Tour the subject of the claim.

Indemnity: You indemnify us from and against all Claims (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms.

The obligations under this clause (‘LIMITATION OF LIABILITY AND DISCLAIMERS’) will survive termination of these Terms.

Intellectual Property: As between the Parties, we own all intellectual property rights on the Site or in any materials provided to you.

Disputes: We will use our reasonable endeavours to assist you in resolving disputes with third parties that may arise from your participation in a Tour. We will handle any disputes or complaints that you may have against us in good faith and in a timely manner. You may not commence court proceedings relating to any dispute or complaint arising from, or in connection with, these Terms without first meeting with us (in good faith) to resolve that dispute or complaint (unless you are seeking urgent interlocutory relief or the dispute or complaint relates to compliance with this clause).

VAT: If and when applicable, VAT is payable under these Terms. By accepting these Terms, you agree to pay us an amount equivalent to the VAT imposed (including, on the Fee).

Compliance with Law: You agree to comply with all applicable Laws.

Assignment: We may assign or transfer our rights or obligations under these Terms without your consent.

Notices: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent: (a) by us, to your email address or postal address, and (b) by you, using the contact details below.

Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Jurisdiction and Applicable Law: These Terms are governed by the laws of South Africa and subject to the applicable jurisdiction of those courts. The Site may be accessed internationally. We make no representation that the Site complies with the laws of any country outside South Africa. If you access the Site from outside South Africa, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

Entire Agreement: These Terms contain the entire understanding and agreement between the Parties in respect of its subject matter.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to booking a Tour, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any booking that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you made the booking.

In these Terms, capitalised words have the meaning given to them within the Terms and, unless the context otherwise requires, as defined below:

Claim / Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a Party to these Terms or otherwise;

Confirmation Email means as defined within the Terms, being the email received by you from us, confirming your booking, and attaching and forming part of these Terms;

Consequential Loss means any Claims (whether direct, indirect, incidental, special, consequential and/or incidental) suffered by you or made against you, arising out of or in connection with these Terms (including, but not limited to, for loss of profits, revenue, production, opportunity, benefit, goodwill, reputation), even if we were expressly advised of the likelihood of such loss or damage;

Fee means the fee set by us for the Tour, as set out in the Site and/or the Confirmation Email, and as adjusted in accordance with these Terms;

VAT has the meaning it has in the Value Added Tax Act 1991;

Laws means any relevant law, legislation, ordinance, regulation, by-law, subordinate legislation, standard and code, and any approval, licence or consent issued by a government department or statutory authority in any relevant jurisdiction, and including any renewal of, or variation to, any of them;

Site means our website (https://www.backpackingtoursouthafrica.com) as supplemented, varied or replaced from time to time;

Tour means, as relevant, the tours described on our Site, or any Tour we have agreed to provide to you (as further particularised in the Confirmation Email); and

Terms mean these Booking Terms and Conditions, together with any Confirmation Email as contemplated by these Terms, as amended in accordance with its terms.

Occasionally we will run a sale or promotion for some or all products. These promotions are only valid during the outlined time period shown in the promotion. If no time period is listed Backpacking Tour Co. reserves the right to discontinue the promotion at any time. Offers are only valid on new purchases made on site at www.backpackingtoursouthafrica.com. Discounts can not be applied to pre-existing bookings. Discounts are applied to Tour bookings only are not applicable to any other items purchased.

Occasionally we will run a promotion for Deposits at a discounted rate. Unlike other Backpacking Tour Co. deposits these discounted deposits are non transferrable, and can not be used on other tours or dates outside of the promotional period. This promotion is only valid during the outlined time period and for the listed tours. If no time period is listed Backpacking Tour Co. reserves the right to discontinue the promotion at any time.