Latitude 31 Music & Travel (Pty) Ltd.

Registration Number: 2012/205197/07
Registered Address: 35 Skaife Street, Hout Bay, Cape Town

Introduction

Terms and Conditions (“Terms and Conditions”) set out below apply to each and every tour booked with Latitude 31 Music and Travel (Pty) Ltd., registration number 2012/205197/07, (“Latitude 31”, “we”, “us” and “our”), as well as every person, (“you”, “your” or “user”), that accesses or uses our Website.
Section A – Booking a Tour with Latitude 31

1. General

The transport, meals, entrance fees, accommodation or other facilities or services which are to be supplied in respect of any tour are those specifically stated on the Website in the tour itinerary.

2. Deposit

A 50% deposit is required upon booking a tour with Latitude 31. The balance is payable no later than 14 days prior to the departure of the tour. In the event of a booking made less than 14 days prior to the start of the tour, payment in full must be made upon booking the tour.

3. Payment

3.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

3.2 Payment can be made for tours via –

3.2.1 debit card;
3.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the tour. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used; or
3.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of booking your trip.

3.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.

3.4 You may contact us via email at info@latitude31.travel to obtain a full record of your payment. We will also send you email communications about your order and payment.

3.5 Latitude 31 is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (“Additional Charges”) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South Africa. The Additional Charges are driven by the global treasure of the applicable credit card and are impacted by the change in daily exchange rates. Latitude 31 shall therefore not be held liable for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of booking a tour.

4. Amendment Fees

If you require any amendments to your tour, an amendment fee be levied for any changes to the confirmed itinerary.

5. Special Requests

If you have any special requests, please specify such requests in writing to Latitude 31 prior to the final confirmation of a tour. Whilst Latitude 31 will use its best endeavours to accommodate any such requests, it does not guarantee that it will always be able to do so.

6. Cancellation by You

6.1 If the reservation is cancelled, cancellation fees will be due and payable according to the following –

6.1.1 more than 45 days prior to arrival – 75% refund of the deposit paid;
6.1.2 30 to 45 days prior to arrival – 50% refund of the deposit paid; and
6.1.3 less than 30 days prior to arrival – no refund.

6.2 Notwithstanding anything to the contrary above, you will have the option for Latitude 31 to retain your deposit (“Lifetime Deposit”) for any future tours booked.

7. Cancellation by Latitude 31

7.1 Latitude 31 reserves the right to cancel any tour for any reason, but will not cancel a tour less than 30 days before departure except for Force Majeure, unusual or unforeseen circumstances outside our control as set out in clause 10 below. When a tour is cancelled by Latitude 31 before the agreed date of departure for any reason other than cancellation by you, you can either –

7.1.1 take a substitute tour of equivalent or superior quality if Latitude 31 is able and willing to offer such a substitute; or
7.1.2 take a substitute tour of lower quality if Latitude 31 is able and willing to offer one and to recover from Latitude 31 the difference in price between the price of the tour originally purchased and that of the substitute tour; or
7.1.3 have a full refund of all monies paid under the contract as soon as possible.

7.2 Latitude 31 is not responsible for any incidental expenses or consequential losses that you may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If you are offered a refund but request an alternative tour of a higher value than that originally booked, then you must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, Latitude 31 will make suitable alternative arrangements for the continuation of the trip in its sole discretion acting reasonably. If it is not possible to provide a suitable alternative or you reasonably reject any suitable alternatives, Latitude 31 may provide you with a refund of unused tour portions. Where a significant alteration or cancellation occurs, which is not due to Force Majeure or other circumstances beyond Latitude 31’s control, Latitude 31 will in some circumstances offer compensation. Significant alterations do not include the substitution of a tour bus, modification of itineraries, or accommodation provided it is of the same category.

8. Travel Arrangements

All travel arrangements, such as reservation of accommodation, reservation of motor transport, etc. made by Latitude 31, are subject to the booking conditions and cancellation provisions of the supplier of the services and/or accommodation.

9. Route & Accommodation Alterations

Latitude 31 takes every care to ensure that itineraries are followed through, but unforeseen circumstances may necessitate changes. Latitude 31 accepts no liability due to the alteration of routes or substitution of properties. Where properties are substituted, they will be substituted for similar quality or value.

10. Changes Beyond Our Control

You will not be entitled to compensation for a significant change made to the tour for reasons beyond our control. These include, without limitation, force majeure, war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, and changes due to rescheduling or cancellation of flights by an airline, severe weather conditions, and any other similar event.

11. Liability

11.1 Latitude 31 shall not be liable for any damage, losses and expenses suffered by any client as a result of sickness, quarantine, weather conditions, war, strikes, riots or any other cause outside the operator’s control. Latitude 31 shall under no circumstances be deemed to be the agent of the passenger or of the supplier of any service.

11.2 Latitude 31 accepts no liability in respect of death, injury, loss or damage to person or property arising out of any act, omission or negligence of Latitude 31, the supplier, Latitude 31’s or supplier’s servants, save only in the case of wilful negligence or a wilful act or omission. The client shall be deemed to have waived, renounced and abandoned any and all right or entitlement, which the client may be entitled to under the provisions of the law of the Republic of South Africa for any loss or damage to person or property.

11.3 Latitude 31 shall not be liable for any loss or expense arising from the loss of property, cancellation or curtailment of the tour however caused, save only to the extent that such loss of baggage, cancellation or curtailment was caused by Latitude 31’s negligence. If sickness or accident interrupts a tour, Latitude 31 shall not be liable for any cost or expense arising there from, save only to the extent that such sickness or accident was caused by Latitude 31’s wilful act or gross negligence. Latitude 31 shall not be liable for any refund, either total or partial, of passage money paid. Latitude 31 strictly require passengers to take out the necessary insurance to protect the passengers against such eventualities.

12. Insurance

It is strictly required that you take out adequate insurance cover in order to cover instances such as, without limitation, cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. Latitude 31 will not be responsible or liable if you fail to take out adequate insurance coverage. Latitude 31 shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, you will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which in Latitude 31’s view may not be sufficient cover for international travel. You are advised to check with your respective credit card company in order to obtain the specific details of the cover offered, and determine whether this is sufficient for your requirements.

13. Passports, Visas & Health

It is entirely your responsibility to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to your home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. You are strongly advised to check the relevant requirements before travelling. Latitude 31 will endeavour to assist you but such assistance will be at Latitude 31’s discretion and you acknowledge that in doing so, Latitude 31 is not assuming any obligation or liability and you indemnify Latitude 31 against any consequences of your failure to comply with any such requirements. It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical conditions required for the proposed travel arrangements.

14. Passenger Responsibility

Passengers may not carry any unlawful articles or substances whilst traveling in the Southern African region. If any passenger offends against the prohibitions set out herein, Latitude 31 will be entitled to immediately exclude from the tour the offender who will be responsible for his or her own repatriation and all costs thereof. Latitude 31 will under no circumstances assist any such offender in any dealings or negotiations with any authority.

Section B – Using our Website

15. General

15.1 Latitude 31’s website can be accessed at https://www.latitude31.travel (the “Website”) and is owned and operated by Latitude 31.

15.2 By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

15.3 By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

15.4 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from Latitude 31 (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

15.5 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

15.6 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of Latitude 31.

16. Privacy Policy

16.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

16.2 Should you decide to book a tour on our Website, we may require you to provide us with personal information which includes but is not limited to –

16.2.1 your name and surname;
16.2.2 your email address;
16.2.3 your physical address;
16.2.4 your gender;
16.2.5 your mobile number; and
16.2.6 your date of birth.

16.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

16.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

16.5 Subject to clause 15.6 above, we will not, without your express consent:

16.5.1 use your personal information for any purpose other than as set out below:

16.5.1.1 in relation to the booking of a tour;
16.5.1.2 to contact you regarding current or new tours or services or any other goods offered by (unless you have opted out from receiving marketing material from us);
16.5.1.3 to inform you of new features, special offers and promotional competitions offered by us (unless you have opted out from receiving marketing material from us); and
16.5.1.4 to improve our tours and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.

16.5.2 disclose your personal information to any third-party other than as set out below:

16.5.2.1 to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the booking of tours, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

16.5.2.2 to our partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

16.5.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions; and

16.5.2.4 to our service providers (under contract with us) who help with parts of our business operations. However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit.

16.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Latitude 31 is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

16.7 We will ensure that all of our employees, third party service providers, and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

16.8 We will –

16.8.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
16.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
16.8.3 provide you with access to your personal information to view and/or update personal details;
16.8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
16.8.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
16.8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

16.9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

16.10 Latitude 31 undertakes never to sell or make your personal information available to any third-party other than as provided for in this policy.

16.11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

16.12 If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Latitude 31, Latitude 31 shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

16.13 This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.

17. Electronic Communications

When you visit the Website, or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 15 above.

18. Ownership and Copyright

18.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Latitude 31.

18.2 You will not acquire any right, title or interest in or to the Website or the Website Content.

18.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at info@latitude31.travel.

18.4 Where any of the Website Content has been licensed to Latitude 31 or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

19. Disclaimer

19.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

19.2 Whilst Latitude 31 takes reasonable measures to ensure that the content of the Website is accurate and complete, Latitude 31 makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Latitude 31’s representatives, Latitude 31 shall not be bound thereby.

19.3 Latitude 31 disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

19.4 The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

19.5 Any views or statements made or expressed on the Website are not necessarily the views of Latitude 31, its directors, employees and/or agents.

19.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Latitude 31 also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Latitude 31, its employees, agents or authorised representatives. Latitude 31 thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

20. Linking to Third Party Websites

20.1 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Latitude 31 is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

20.2 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

21. Limitation of Liability

21.1 Latitude 31 cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Latitude 31, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@latitude31.travel.

21.2 Latitude 31 shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third-party website.

21.3 You hereby indemnify Latitude 31 against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third-party website.

22. Availability and Termination

22.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

22.2 Latitude 31 may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Latitude 31 will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

22.3 If you fail to comply with your obligations under these Terms and Conditions, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

22.4 At any time, you can choose to stop using the Website, with or without notice to Latitude 31.

Section C

23. Governing Law and Jurisdiction

23.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

23.2 In the event of any dispute arising between you and Latitude 31, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

23.3 Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

24. Notices

24.1 Latitude 31 hereby selects 12 Watson Road, Muizenberg, 7945, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Latitude 31 may change this address from time to time by updating these Terms and Conditions.

24.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Latitude 31 not less than 7 days’ notice in writing.

24.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

24.3.1 by hand will be deemed to have been received on the date of delivery;
24.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
24.3.3 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
24.3.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification.

25. General

25.1 Latitude 31 may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

25.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

25.3 Any failure on the part of you or Latitude 31 to enforce any right in terms hereof shall not constitute a waiver of that right.

25.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

25.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

25.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

25.7 These Terms and Conditions contain the whole agreement between you and Latitude 31 and no other warranty or undertaking is valid, unless contained in this document between the parties.