Terms & Conditions
APERTURE TRAVEL (PTY) LTD (“APERTURE”) WEBSITE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”)
THESE TERMS AND CONDITIONS ARE EFFECTIVE AS OF 31 OCTOBER 2024 “EFFECTIVE DATE”
READ THE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE BROWSING THE WEBSITE. A USER’S CONTINUED USE OF THE WEBSITE INDICATES THAT THE USER HAS BOTH READ AND ACCEPTED THE TERMS AND CONDITIONS. A USER CANNOT USE THE WEBSITE IF IT DOES NOT ACCEPT THE TERMS AND CONDITIONS. ALL SECTIONS OF THE TERMS AND CONDITIONS ARE APPLICABLE TO THE USER.
- INTRODUCTION
- The Company’s website https://aperturetravel.co (“the Website”) is made available, and owned by Aperture Travel (Pty) Ltd (hereinafter referred to as "Aperture", “the Aperture Website” “Website”, "we", “our" or "us"). Any reference to "Aperture", "we", "our" or "us" shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.
- These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy apply to any User who makes use of the Services as made available to the User on the Website, accesses, refers to, views and/or uploads or downloads any information or material made available on the Website for whatever purpose, and which User shall carry the definition as set out in clause 2.3.12 below as the case may be, and governs the User’s relationship with Aperture or a Third Party.
- Accessing and/or use of the Website after the Effective Date as set out above will signify that the User has read, understands, accepts, and agrees to be bound, and is bound, by the Terms and Conditions, in such User’s individual capacity and/or for and on behalf of any entity for whom the User utilises the Website. Further, the User represents and warrants that it has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
- To the extent permitted by applicable law, we may modify the Terms and Conditions and Privacy Policy with prospective effect without prior notice to the User, and any revisions to the Terms and Conditions and/or the Privacy Policy shall be noted within the Terms and Conditions and/or Privacy Policy and will take immediate effect, unless a later date is otherwise stated in the revised Terms and Conditions. A User’s continued use of the Website and/or the Services will be construed as a User’s consent to the amended or updated Terms and Conditions, and will be conditional upon the Terms and Conditions and Privacy Policy in force at the time of use. A User’s only remedy, should such User not agree to the Terms and Conditions and/or the Privacy Policy, is to stop the use of the Website.
- These Terms and Conditions will apply fully and affect a User’s use of the Website. By using this Website, a User agrees to accept the Terms and Conditions as contained herein in full.
- The User further agrees that in circumstances where Third Parties Services are provided that the User shall familiarise itself with such Third Party’s terms and conditions unequivocally absolving Aperture from any liability which may arise from the User failing to do so.
- Should a User not agree to the terms contained herein, a User must immediately desist from using this Website.
- INTERPRETATION
In these Terms and Conditions:
- clause headings are for the convenience and are not to be used in its interpretation;
- unless the context indicates a contrary intention, an expression which denotes:
- one gender includes the other gender;
- a natural person includes a juristic person and vice versa;
- the singular includes the plural and vice versa;
- the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
- “Aperture” means Aperture Travel (Pty) Ltd (Registration Number: 2024/611526/07), a private company duly incorporated in accordance with the company laws of South Africa and having its registered address at 240 Main Road Rondebosch, Western Cape, 7700, email address: support@aperturetravel.co;
- “Aperture Services” means those services as provided by Aperture only, as set out in clause 7.1 below;
- “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using the Services or Third Party Services, or has not yet engaged with Aperture by submitting a Contact Form;
- “Contact Form” means the form to be completed by a Browser, with the link thereto being found on the Website;
- “Party” or “Parties” means the User or Aperture, or both, as the context implies;
- “Prints” shall mean the photographs being available for sale to Users, and which may be found on the Website;
- “Privacy Policy” means the Privacy Policy which is to be read as if specifically incorporated herein, which may be found at: https://aperturetravel.co/privacy-policy;
- “Services” mean the services comprised of both the Aperture Services and the Third Party Services;
- “Terms and Conditions” means these terms and conditions;
- “Third Party” means such person or entity providing Third Party Services to a User in conjunction with Aperture Services;
- “Third Party Services” means such services as made available to a User by a Third Party as a consequence of making use of the Aperture Services as set out in clause 7.2 below;
- “User” means the Browser who after the submission of a Contact Form engages with Aperture for the use of the Services; and
- “Website” shall mean the website situate at https://aperturetravel.co as owned, hosted and managed by Aperture on which the Services are offered.
- If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Terms and Conditions.
- Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.
- By entering into this Terms and Conditions, the User also agrees to be bound by the Privacy Policy.
- INTRODUCTION
- Through the submission of a Contact Form as found on the Website a User shall have access to both Aperture Services and Third Party Services. Insofar as Third Party Services are concerned, Aperture acts only as a facilitator between the Third Party and the User and no relationship between Aperture the User in this regard shall be deemed to come into existence as a result of a User’s use of Third Party Services, save that a User shall be bound by both these Terms and Conditions together with those of such Third Party.
- SUBMISSION OF A CONTACT FORM
- Only a User may make use of the Services.
- Subject to, and on the basis of a Browser’s acceptance of the Terms and Conditions through the submission of a Contact Form a Browser shall become a User, and Aperture grants the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
- A User shall, when submitting a Contact Form also be required to provide certain personal information as set out in the Privacy Policy.
- A USER’S AGREEMENT TO THESE TERMS
- By agreeing to these Terms and Conditions, the User also agrees to be bound by the terms and conditions as contained on a Third Party’s website, together with both the Aperture Privacy Policy and that of the Third Party.
- DISCOUNTS AND PROMOTIONS
- Aperture may from time to time run discounts or promotions in respect of certain of the Aperture Services, which discounts and promotions shall be advertised on the Website. In the submission of the Contact Form the User may make reference to the discount and/or promotion.
- SERVICES
- Aperture Services:
- Aperture coordinates luxury pre-set conservation and photography safaris for Users globally, with itineraries being available for perusal on the Website; and
- creates bespoke conservation and photography safaris itineraries for a User; and
- allows a User to order Prints. In circumstances where Prints have been donated for sale purposes the ownership and copyright in and to the Prints shall automatically vest in Aperture with the funds realised from the sale being donated to wildlife sanctuaries of Aperture’s choosing.
When submitting the Contact Form the User will be able to indicate which pre-set safari they are enquiring after, alternatively provide details of the bespoke safari that they require, further alternatively record the Print number that they would like to purchase as well as the amount of Prints.
- Third Party Services:
- Aperture may engage with Third Parties on behalf of a User insofar as the booking of flights, accommodation, additional travel arrangements, services of a professional photographer and the services of a tour guide are concerned.
All such Third Party Services shall be governed by the relevant Third Party’s terms and conditions as read in conjunction with these Terms and Conditions, and it is imperative that the User understands and accepts not only these Terms and Conditions but also those of such Third Party in the event of Third Party Services being applicable to a User.
- PAYMENTS AND POST BOOKING PROCEDURES
- Payment in respect of the Services relating to the booking:
- Once the User and Aperture have finalised the details of the safari Aperture shall issue an invoice to the User for payment.
- 30% of the invoiced amount shall be paid by the User to Aperture to secure the safari booking.
- In the event of Aperture being required to make payment to a Third Party (whether such Third Party is specifically referred to in these Terms and Conditions or another, including but not limited to payments for accommodation, flights and tour guides), Aperture reserves the right to call for a higher percentage deposit as that set out in paragraph 8.1.2 above.
- The remaining balance as due, owing, payable and levied by Aperture, which shall include all banking charges levied against such payment shall be paid by no later than 60 days prior to the departure date save and unless an alternative credit agreement has been reached between the Parties.
- Payment of the invoice shall be made via EFT into Aperture’s banking account, the details of which shall be recorded on the invoice. In making payment, the User warrants that it is fully authorised to use the bank card supplied for purposes of paying the amount/s due to Aperture. The User further warrants that the bank card has sufficient available funds to cover the costs of the Services together with any ancillary costs (including but not limited to bank charges) as raised against the transaction.
- In the event of the invoice being in respect of Prints, once payment has been received by Aperture the User shall receive a one time link to download each Print paid for.
- Post Booking procedures:
- All bookings shall be made by Aperture, whereafter a User shall receive an acknowledgement followed by an email from Aperture, as sent to the email address supplied by the User when submitting the Contact Form, setting out the full itinerary together with all necessary documents relating to the Services.
- CANCELLATION AND REFUNDS
- All payments made by the User to Aperture in respect of the Services are in full and final thereof, and the User agrees that it shall not be entitled to a refund in part or at all under any circumstances.
- A 30% non-refundable deposit is required to secure your booking. We transfer funds to the lodges and guides to secure your booking. The remaining 70% balance must be paid no later than 60 days prior to the travel start date. If you need to cancel, our policy is as follows:
- For cancellation between 8 to 6 weeks prior to the travel start date: 50% of the remaining 70% balance will be forfeited.
- Cancellation within 4 weeks or less prior to the travel start date: 100% of the remaining 70% balance will be forfeited..
- LIMITATION OF LIABILITY AND INDEMNITY
- The Website, together with the Services shall be used entirely at a User’s own risk.
- Aperture cannot and does not guarantee that the Website will be uninterrupted, timely, secure, error free or that defects will be corrected, nor that it will be virus free.
- The User accepts that access to the Website may be restricted on occasion due to necessary updates and maintenance being carried out on the Website.
- Except for any express warranties in the Terms and Conditions, the Services are provided on an “as is” basis and used at the User’s own risk.
- Aperture is not a party to any transaction between a User and a Third Party except insofar as being a facilitator is concerned.
- As such, the User hereby indemnifies Aperture, and agrees to keep Aperture indemnified, from and against any claim, loss, damage, cost or expense that the User may suffer or incur as a result of or in connection with the User’s use of the Services or the Website, including any breach by the User of these Terms and Conditions or the terms and conditions of a Third Party, including but not limited to any applicable law or licensing requirements.
- To the extent that Aperture’s liability cannot be excluded by law, its maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.
- The User is aware and indemnifies Aperture from any changes in respect of any booking for reasons beyond Aperture’s control, including but not limited to, pandemics, epidemics, war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, health risks and changes due to rescheduling or cancellation of flights or alteration of an airline or airplane. Aperture shall also not be liable for any changes which are required to be made such as a change in airports, harbours or stations, closed or congested airports, harbours or stations, hurricanes and other existing or potential severe weather conditions which may affect travel arrangements and/or accommodation.
- Although Aperture will do its utmost to advise a User of any changes in flight plans or accommodation arrangements, Aperture cannot guarantee that it will be successful in doing so, and in the event of a surcharge being raised or there being an itinerary disruption, an additional charge may be payable by a User in order that alternative arrangements may be made.
- Aperture cannot be held liable for services rendered in respect of flights, accommodation or the like and the User, if wishing to lodge a complaint is required to do so through the protocols as established by such party.
- Aperture shall further not be liable for any theft, damage to goods, physical harm or illness, banking fraud or the like as may be suffered by a User in utilising the Services.
- Notwithstanding anything to the contrary in these Terms and Conditions, in no circumstances will Aperture be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.
- WARRANTIES BY THE USER
- A User warrants that:
- it shall ensure that its passport is up to date and has sufficient blank pages;
- if travelling with a minor all such documents required in respect thereof, together with necessary permissions have been obtained and will be available if required at airports, border crossings and the like;
- all VISAs are in place;
- it has sufficient local currency in order to make payment of departure tax (if necessary);
- all vaccinations if required are up to date and the necessary medical certificates/documents are available for inspection as and when required by the relevant authority; and
- the User has obtained sufficient travel insurance and medical insurance to meet its needs.
- CONFIDENTIALITY
- Confidential information means any documents or information created, received or obtained from Aperture, together with information relating to Aperture as well as non-public information pertaining to Aperture’s business (including, without limitation pricing information, any related entities, the identity of a User, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.
- A User may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.
- Where a User is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
- The User shall notify Aperture immediately upon becoming aware of a suspected or actual breach of this obligation.
- Aperture will not disclose or make available, directly or indirectly, any User’s Confidential Information, except where Aperture has the User’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms and Conditions), in furtherance of the User’s use of the Services, to enforce all or any of the terms or if legally compelled to do so.
- COPYRIGHTS
- The contents of the Website including but not limited to the Prints, photographs and videos that appear thereon are the property of Aperture. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is that of Aperture unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
- Except as stated in the Terms and Conditions, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Aperture or the copyright owner, and further, should such consent be provided, Aperture reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
- All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of a Third Party, are the exclusive property of Aperture.
- BREACH
- If the User commits a breach of these Terms and Conditions and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and Conditions and access to the Services and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
- DISPUTE RESOLUTION
- Any dispute which arises between the User and Aperture in respect of the Terms and Conditions shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
- If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
- Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
- The arbitration referred to in clause 16.2 shall be held –
- at Cape Town or other venue agreed by the Parties in writing;
- in English; and
- immediately and with a view to its being completed within 21 (twenty-one) days after it is demanded.
- The Parties irrevocably agree that the decision in arbitration proceedings:
- shall be final and binding upon them;
- shall be carried into effect;
- may be made an order of any court of competent jurisdiction.
- NOTICES AND DOMICILIUM
- Aperture chooses as its domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Terms and Conditions, the address recorded in clause 2.3.1 above, with the User’s domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Terms and Conditions, the address recorded on the Contact Form.
- Both Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
- All notices to be given in terms of the Terms and Conditions will:
- be given in writing;
- be delivered or sent by email; and
- be presumed to have been received on the date of delivery.
- Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
- VARIATION
- No contract varying, adding to, deleting from or cancelling the Terms and Conditions, and no waiver of any right under these Terms and Conditions, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.
- SURVIVAL
- Clauses which out of necessity or by implication herein survive termination of these Terms and Conditions, shall remain in full and effect despite the termination hereof.
- APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("ECT ACT")
- Data Messages (as defined in the ECT Act) will be deemed to have been received by Aperture if and when Aperture responds to the Data Messages.
- Data Messages sent by Aperture to a User will be deemed to have been received by the User, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.
- The User acknowledges that electronic signatures, encryption and/or authentication are not required for valid electronic communications between itself and Aperture.
- GENERAL
- The Terms and Conditions constitute the entire between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.
- Aperture’s failure to enforce any provision of the Terms and Conditions shall not constitute a waiver of such provision. Further, any consent to depart from the Terms and Conditions shall be ineffective unless it is confirmed in writing and signed by Aperture.
- Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with the Terms and Conditions is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
- The rights, powers and remedies provided to Aperture in the Terms and Conditions are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Terms and Conditions.
- The Terms and Conditions together with the other terms and legal documents situated on the Website constitute the entire agreement in as far as the provision of the Services are concerned. The User acknowledges and agrees that it has not relied on any representations by Aperture except those contained in the Terms and Conditions.
- The laws of the Republic of South Africa shall apply to these Terms and Conditions.
- Any claims, legal proceeding or litigation arising in connection with the Terms and Conditions shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
- Aperture may assign or novate any of its rights or obligations under these Terms and Conditions without a User’s consent. A User may not assign or novate any of its rights.
- If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.
