Terms & Conditions – Picture Perfect Places

Picture Perfect Places SA: (“The Company”)

Guest or Company (“The Client”)

Third Party (“Supplier or Contractor”)

AGREEMENT OF THIS CONTRACT BY YOU

The freedom of agreement of using the services of The Company’s service delivery and websites, subject to the terms and conditions outlined in this document. This agreement is valid and binding on all parties who access this website (or any part thereof) or who use The Company’s services (as outlined below). Please read this agreement carefully because by using this website or The Company’s services you will enter an agreement with the Company and be bound to its Terms & Conditions. If you do not agree to be bound by this agreement, you must leave this website immediately and refrain from using The Company’s websites or services. You will not be eligible to continue or proceed as a client, service provide or supplier as such.

ACCEPTANCE OF THIS AGREEMENT BY ALL TRAVELLERS

By accepting and acknowledging the terms & conditions of this agreement, any person or company linked, presented or associated with you when a request for making a booking or on the acceptance of a confirmed booking has been made through The Company, will therefore be bound to the acceptance of these conditions. This include any correspondence should be it be verbal, electronic or via any social media platforms.

AMENDMENTS

As the Company, we serve the right, in its sole responsibility, to vary and evaluate this agreement by amending information or any part thereof at any time without prior notice or justification. Such changes might be amended to this website and it is your first priority to check these changes. You are responsible to review this agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this website) if you continue to use The Company’s websites or services after they have been posted.

UNAUTHORISED AGREEMENT

By entering into agreement and agreeing to the terms and conditions of The Company, all parties agree to the policies and nature of this business provided by The Company. Should to any extent the agreement be violated in the form of invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.

FAILURE TO ENFORCE

The Company has the full right to involve third party advice should you or any associated party linked to you be unlawful in terms of this agreement. The Company has the right to discontinue or waive the right offer to you as a client and should you fail to acknowledge these rights, the responsibility will be filtered to any assigned third party associated and related to you.

LEGAL EXPENDITURE

The Company shall not be held liable for any expenditure of any costs involved by you through a third party or lawful entity to require or obtain any professional advice or services when it comes to the user agreement.

THE JURISTICTION

By agreeing to this agreement, you also agree to the laws of the South African jurisdiction which governs this agreement. Should any action be caused in an unlawful manner or jeopardize the image of The Company, under the agreement of the terms and conditions by you, matters could/shall be commenced and laid in the appropriate court in South Africa.

Booking Terms

SERVICE DELIVERY

The function of The Company is to provide a fully operated service of an OTA (Online Travel Agency). The operation is managed via a self-service website, social media, e-mail interaction and telephonic assistance. It provides a service to the general public through which activities and accommodation products are provided and sold offered by third party suppliers to you as the client.

INFORMATION

It Is the responsibility of the client and partners to provide and maintain accurate and efficient information at all times especially when bookings are confirmed.

SUPPLIERS

Products which are presented, advertised and sold to you are done with the authorisation and means of The Company. The Company has signed a contract with suppliers for this specific reason. The Company therefore act as an agent which offers an online service to the general public. The Company will assist with only the required travel services as to booking products. It is however to The Company’s discretion to assist with any other service outside of its responsibility and will gladly assist where it can.

Each supplier would also have their own terms & condition for which the client would have to become familiar with before making a booking.

INFORMATION DISPLAYED

All information, including rates, quotes and production detail, is stated online, any information is subject to change without notice. Please note that should a physical quotation not be provided to you, an estimate might also be offered and this will count as a guideline. Very important provisional quotes are only limited to a certain period for which you as the client needs to confirm the services within the provided period. Services are also subject to availability of the supplier. For inaccurate quotes, pricing or information provided by The Company, the responsibility to re-quote by The Company will be done even if a booking was confirmed and paid for.

THE ROLE OF THE CLIENT

You as the client agree that you undertake the responsibility of a self-service online booking website and system. By agreeing to these terms and conditions, you also agree to the following – yet not limited to:

The correct supplier which offer the services you opt for: keeping in mind the feel, and location
Any fine print, costs and correct details as per the suppliers profile
That all the required travel documentation is in place required by the supplier before making a booking.
That you are aware of your medical status and any medical requirement is in place in order to visit the supplier or travelling to the specific location or destination.
Keeping any other factors in mind which might have an impact on your visit to the specific supplier, location or destination. This would include age, health and financial matters.
Ensuring that you are familiar and informed about the specific terms and conditions and cancellation policies of the supplier.
Any factors which might have an impact on your travel arrangements to a specific location, supplier or destination. This also needs to be communicated prior to booking or should any issues come about after the booking process, this needs to be communicated to The Company.

The Company will not get involved in the following processes. It would be the clients’ responsibility to organize and manage the follow:

Any verification and maintaining of valid identification, flight tickets, car rentals, validation of passports, validation of visas, validation of birth certificates and any other travel documents during your travel period.

INSURANCE

It is also recommended that clients should take out their own efficient traveling insurance which will cover them for any associated risks during their travelling time. The Company will not be offering any insurance protection for (and not limited to):

Illness, cancellation of travel accommodation or transport, the loss, damage or theft of personal property, theft or illness (or any other possibility)

THE RIGHT OF PROCESSING

Should any information be passed onto The Company, The Company would have the right to process the information onto the client, supplier or any other third party. This can be processed or managed via e-mail, the booking system or mobile device meaning Watsup or an SMS.

CANCELLATION POLICY

Each Supplier has its own cancellation policy which will be shown to you during the reservation process and included in your booking. In cases where no cancellation policy is shown, please contact us to confirm which cancellation policy applies.

On receipt of a written instruction from you to cancel a reservation, any amount owed to you by the Supplier in question, in terms of its cancellation policy, will be paid to The Company. Following this, The Company shall on-pay the received refund to you within 7 days of our receipt of the funds. The funds shall be deposited into your banking details (less any applicable fees). The Company shall not be obliged to make any payments to you in the event that you are not entitled to a refund, or the funds cannot be recovered from the Supplier.

UNAVAILABLE SERVICES

Should a supplier for any reason unfortunately not be able to provide the required service to you as per on your booking confirmation and payment, The Company will assist in finding a suitable and alternative product. Should the client not be satisfied with the alternative options, then The Company will assist in recovering the funds from the Supplier.

RE-SCHEDULING OF BOOKINGS

Travelling arrangements can be challenging and therefore unforeseen cancellation of specific transport methods must be kept in mind. Flights or interrupted road works can mean that you have to re-schedule your accommodation. Please make double sure that you itineraries are checked the day before and that The Company is informed prior to check-in should you experience any delays. The Company will not be held liable for any charges related to re-scheduled or no-show bookings.

CREDIT CARD PAYMENT OPTIONS

South Africa will be the merchant outlet country for all payments including cash or credit card payments. The currency in which payments will be made is the South African Rand (ZAR).

The Company will accept credit card payment made via Visa and MasterCard. Payment are secured via PayFast (Pty) Ltd (www.payfast.co.za) and will be made via The Company website.

For security purposes, no credit card details will be stored on our system. The clients credit card details will be automatically be forwarded onto PayFast (Pty) Ltd. For transaction purposes. PayFast (Pty) Ltd. Will authorise the transaction and any communication regarding payment will be forwarded directly to the client either via PayFast (Pty) Ltd. or to The Company. The Company will also have authorisation to inform the client should payment not be authorise or if there be there be any problem occur in regards to payment security.
The Company and PayFast (Pty) Ltd use strict encryption.
Credit card details are not to be send via any other communication method – this includes e-mail or telephonic communication. Should the client give permission to do so, this should be done in a written correspondence.

Save as otherwise provided for in this agreement, the rules, processes and procedures of PayFast (Pty) Ltd and the relevant paying bank, clearing bank and card association shall apply to all payments and transactions concluded on this website and your rights and obligations in respect of payments due to or by you shall be governed accordingly.

By agreeing to the Terms & Conditions of this service, the client do not hold The Company liable for any loss, damage or liability for any payment or transactions which may occur during the booking process on this website.

FEES AND COMMISSIONS

The Company is entitled to charge the client a fee for services provided to them. This includes (and not limited to) bookings made, modifying, amending or the cancellation of any booking. As an Online Travel Agency we are entitled to charge payments or commissions from Suppliers for any booking received. Should the client require any additional assistance, for which is not included in our services, The Company is entitled to charge The Client. This will be communicated with The Client and will only be authorised when confirmed by The Client.

Terms and Conditions for such additional services will be discussed and provided by The Company to The Client.

DISCONTENTMENT

Should the client be dissatisfied with the serviced by The Company or The Supplier, The Company should be informed immediately. The Company is the first and primary contact for services received. Where possible, The Company wishes to rectified issues where possible to ensure that your travels are as enjoyable as possible. We encourage clients to contact us immediately and not after any travel. Please keep in mind that should any unsatisfied matters occur, trying to find solutions or rectifying issues might take time. We might not find an immediate solution for matters and we also do not guarantee that issues might be solved. Where possible, The Company will ask The Client or The Supplier to address any unsatisfied matter via written notifications for record purposes. The Company also has the authorisation to ask for any proof should it be payment related, service delivery, loss or damage but not limited to.

Disclaimer

In the event of liability for consequential losses or damages, directly or indirectly, The Company or any of its directors, employees, representatives, suppliers or sub-contractors will be held liable for the outcome of matters. This includes, but not limited to:

The use of The Company website and content provided on the site;
Making payment for any service provided on the website;
The accessibility of any products or services provided on the website;
The use of website content and providing Supplier information where hyperlinks are used to provide content to and from different websites;
Any unlawful content which may occur from any indirect site which might be prohibited;
Providing or transmit information or content onto or via this website by you which will result in any violation as per the conditions of the use of the jurisdiction and regulations;
Content, detail or information which is submitted by you which may be harmful or which violates the rights of any of our Suppliers, third party clients or The Company. This includes (but is not limited to) invasion of privacy, infringement, defamation or the right of using content which is copyright.
The invasion of the privacy of any of our Suppliers. This also includes any direct, indirect or impropriate interaction with a Supplier or any of its staff or directors. This also includes any communication directly or indirectly made with Suppliers or staff members when using the content of our website for booking purposes.

By making use of any of the services The Company provides and by reading the conditions stipulated A-H above, you indemnify to not hold any of the relevant parties associated with The Company liable against losses, claims, costs or damages.

Should any claim/s be made despite the above stated information (A-H), The Company stands in its right to defend its position. All parties involved in any claim/s agree to co-operate and to assist The Company to resolve matters.

THE USAGE OF THE COMPANY WEBSITE

The Company’s website may only be used for person usage meaning the booking of accommodation, activities or the accessing information via our social platforms such as Facebook, Instagram or our blog. You may not use any of the content for non-commercial purposes including:

harmful or prohibited purposes; or
illegal purposes; or
disclosing, sharing or publishing material that may be offensive, discriminating, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; or
the creation, storage and sending of unsought commercial communications

Any content and personal details such as names, contact details (including e-mail address, website links, telephone numbers, fax numbers or cell phone numbers) published on this website shall and may not be used or Names, e-mail addresses, telephone numbers and fax numbers published on this website may not be combined into any database facilitated for any electronic or published marketing purposes. The Company has the right to pursue legit proceedings against any party as per the rights detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECT Act”). Permission to use any content or material used on the website should be requested and The Company should give written permission on request from any party to do so.

ACCURATE INFORMATION

Suppliers and clients are responsible to maintain and updated their personal and property information themselves continuously to make sure that all information is accurate and true. Maintaining this information is for your own account this includes and is not limited to:

A: computer hardware and software

B: personal and company information (telephone numbers, cell phone numbers and e-mail addresses)

C: supplier content, contact details and property information (images, telephonic contact details, cell phone details, property descriptions, property directions and any marketing material such as specials, cancellation policies, payment policies and terms & conditions)

INTELLECTUAL PROPERTY RIGHTS

The content displayed on this website including the following but not limited to, are the proprietary property of The Company. The website as a whole including (but not limited to), all text, registered names, trading names, domain names, logos, images, trademarks, graphics, software, videos, sound, databases, information and data is under the protection of any violence of the South African and international copyright laws and treaties. Any content or Company registered personal details may not be reproduced or used without the written permission of The Company including any director or staff member.

Should there be any indication or notice published on any content or website page, you are allowed to view, download or print information of the website for booking purposes and own private or non-commercial use only. You are not allowed to amend, copy or decompile any information such as decoding info or content on The Company website. The use of trademarks, logos or graphic content for any purpose outside of the use of the website is prohibited. Written consent from The Company is required and need to be done in a written request. The Company has the right to follow legal steps should their intellectual property rights be infringed.

SUPPLIER CONTENT AND INFORMATION

The company website contains information and content from Third Parties which includes suppliers and contractors. The Company will make sure to a reasonable level that this information is updated and maintained so that it is true and accurate. It is however the responsibility of suppliers and contractors that this information is updated continuously so that no misleading or incorrect information is advertised via The Company’s website to clients. Due to the fact that the website is self-operated, mistakes can happen.

The Company doesn’t visit suppliers on a yearly visit and site inspections are done when possible. We therefore encourage suppliers and contractors to check their product and property information frequently to avoid illegal, untrue, inaccurate or harmful information and content being published or advertised on The Company’s website. Should a supplier or contractor not be able to manage their content themselves, a request can be made to The Company to assist with this process. A request must be done in writing to The Company on which it will be confirmed.

SERVICE DISRUPTION

Through the assistance and support of our web developer we will assist with trying to correct any service disruption when occurring. We however do not promise or guarantee that any technical or digital errors will occur.

Should any loss, damage, liability or defects caused by direct or indirect service disruption or have a defect on the service provided by The Company, The Company will not be held liable for any such reason. We encourage clients, suppliers or contractors to report any defaults or errors to The Company as soon as possible. The Company will also not be held responsible for the direct or indirect loss caused by the hacking of The Company website.

USE OF HYPERLINKS

The information which is used in any digital content such as website information, contact details or social media platforms, via The Company’s website or any social media platform for marketing purposes, can be accessed via a hyperlink. It is not guaranteed that hyperlinks which are obtained from a Third Party or contractors, may be checked and therefore the content or information will always be correct or accurate.

Using these hyperlinks in any content or material does not signify that The Company has checked or approved such indirect content which would be collected from the third party’s website. The Company also does not approve to the views or opinions of any partners link or used in the content used as Third Party hyperlinks. These will include contractors, sponsors or affiliations that are supportive of any supplier.

SECURE INFORMATION

In order to secure that all information gathered from suppliers, clients and any other third party are safe, we shall take the reasonable steps. The Company will not bind itself to any warranties or confirmation that content presented on this website will be completely safe or secure.

In an attempt where any direct or indirect party has used any programme or device to enforce the security measures of this website, The Company reserves the right to claim for damages followed by any suffering or harm. Should any of these security measures be misused or those set out in sections 85 to 88 of the ECT Act, criminal charges may be laid

THE RIGHT OF USAGE OF WEBSITE

Should at any stage The Company is made aware that the usage of the website is being misused for any reason, it holds the right to terminate or to restrict the privilege of usage of any party.

The website is the sole property of The Company and therefore it holds the right to remove the website as a whole or part of it at any time. When doing so, The Company can do so without notice. The removal of any content as such or even the website as a whole could be done as a temporary or permanent action at any given times.

POPI ACT

The POPI ACT applies to The Company website content and all social media platforms used. Some of the content published or advertised on the website, include hyperlinks for which The Company has no control over. The POPI Act therefore governs and controls the usage of personal information (but not limited too) in such manner once any party has entered the website. It is the responsibility of every user to familiarize them with the regulations and rules of the POPI Act. Hyperlinks are web links and The Company does not take any responsibility for the content displayed or filtered through when used. It is the responsibility of the user to make sure they are aware of the privacy policies for any linked sites.

COLLECTING DATA OR INFORMATION

The Company requires collecting personal information from website users or clients in order to assist them with services. Therefore when you register on our website, we require you to provide information (but limited to) about yourself. On a frequent basis we would also request to provide information about the services we provided to you in the form of a review, opinion and feedback. Reviews will be published on the website to assist with marketing. We would also collect data and feedback from users to find out how they’ve heard from our services which will assist with marketing.

Collecting this information will be done in the following manner:

Data cookies
E-mail communication with the user
Through our database
Freely provided by the user in any form of communication

THIRD PARTY OR SUPPLIERS REVIEWS

Providing reviews on any of the services provided from suppliers, assists in providing better services and it is also part of our marketing plan. We will therefore ask clients from provide us with feedback of their travel experience which we will use in our marketing planning and we will publish these on our website, any social media platform or blog pages. By providing us with these information, you agree that we can publish them in any form of marketing. This information will be provided by you voluntarily. Any material such as photos might also be requested by The Company which will also be used however we would need written permission from you to do so. A credit for material, especially photos used, will be asked as recognition by The Company. The Company will not pay for any material or content requested and used from clients. These will include (but not limited to) reviews, videos or photos. By uploading, submitting or otherwise making available or contributing any content in a customer review on The Company website, you grant The Company an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid up, license to use, make, have made, reproduce, display, perform, publish, upload, post, modify, create derivative works from, transmit, distribute, sell, offer for sale and sublicense or otherwise transfer those materials or information or their modifications.

By providing us with this information and content, you give The Company permission to use this information on all marketing platforms. You also present this information in a lawful manner that you have the rights for us to use it and that the content and material are original and your personal property. Should the content or material not be your sole property, a request for permission from any Third party or co-traveller, will be requested by The Company. Permission from such person or company must be provided by us in writing.

SOCIAL MEDIA AND OTHER MARKETING TOOLS OPT-OUT

By registering and signing up for any of our social media platform and blog pages, you agree to receive any updates and news from us. The option to unsubscribe from these platforms at any time is possible. Should you wish to do so, you will be automatically removed from these services.

Assistance by The Company to de-register yourself, is available to you.

DISTRIBUTION OF PERSONAL INFORMATION TO PARTIES

The Company agree to only share our clients’ personal information with any Third Party for booking purposes. We agree to never share any personal information (should it not be booking related) will any of our suppliers, contractors or any other Third Party should you not give consent to this and unless it is not required by law and regulations. Information which will be passed onto Suppliers will include, but not limited to:

First name and last name of travellers/clients
Contact details, email address and/or phone number
Your country of origin
Your passport number or ID number
Your medical and dietary requirements
Reasons for travelling might be requested

The Company shall be entitled to disclose such information to its subsidiaries and those suppliers engaged by The Company to process data on its behalf. Where such transfer, disclosure or processing occurs, The Company shall ensure that South African laws are still followed in regard to protection of your information. The Company could, furthermore, merge with or be acquired by another business entity or organisation. In that event, The Company shall be entitled to share with the merging or acquiring entity some or all of your personal information (who shall not be allowed to use such personal information for any purposes other than as contemplated in this policy). The Company shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of any information supplied to such merging or acquiring entity.

CUSTOMER TRACKING

It is within our right to use your information for data purposes. This enables us to provide a better service and to upgrade our level of services to you and other clients.

By agreeing to these Terms & Conditions, you agree and give us permission to:

Follow any of your involvement on our website and to analyse your activity through marketing tools such as “Google Analytics” which tracks your performances. We agree that the capturing of your movement on our website is done in a protective manner and in good faith and only for the improvement of our work performances.

Tracking technology such as the use of cookies is used to assist us to gather and filter data through to us. Cookies are stored on your computer and are the link between ours and yours. We facilitate the use of cookies and should you visit our website, your will get a notification to accept to use these cookies or not. When you visit The Website, we will provide your computer with a cookie to store. By agreeing to the use of cookies, we will be able to identify you every time you visit our website. Through this we can track your actions and movement on our website as well as provide you with a better service as per the services you prefer. It also gives us an insight of your normal browsing activity which helps us with the history and background of your previous visit/s to our website and assists us to improve our client services. Should you disable cookies, you might not be able to enjoy some of the features offered on our website.

Additional information which will also be collected is IP addresses, your domain name address and type of browsing software. This information will also help us to improve our services to you and will also give us an insight of your last activity on our website.

UPDATING OF BACK-END INFORMATION

Suppliers and clients will have access to their accounts via our back-end system. You will have the opportunity to amend your information with the help of login details which will be provided by The Company once you have created an account for yourself. Information should be accurate at all times.

The option to delete your account from our records would also be possible. This must be done in a written notification which will be kept on record.

SPAM OR HARMFUL INFORMATION

The Company has the right to block, request information or deny any access to un-identified information or users, which might hold a threat to The Company website or any other digital platforms. Should any of our clients’ or suppliers’ personal information come under harm, we will immediately notify you of such activity.