Last updated on November 2019
Understanding these terms and who we are
1.1 Please read these terms carefully as they contain key information about your legal rights and obligations. If you don’t accept these terms then please do not book accommodation or experiences through us (as defined below).
1.2 These terms along with the booking confirmation that you receive via email (altogether known as the “Customer Terms”) set out the terms and conditions which apply to your booking of:
- an experience (which involves activities across various categories such as a foraging excursion or cooking class) (“Experience”); and
- accommodation such as a hotel, villa, apartment or cottage stay (“Accommodation”)
which we make available for sale on the Eatsplorer website found at: www.eatsplorer.com, our (“Platform”). These Customer Terms apply to booking, and not the actual provision of any Experience or Accommodation. Section 2 sets out further explanation in relation to this.
1.3 Any references in these Customer Terms to “we”, “us”, “our” or “Eatsplorer “, means Eatsplorer Ltd, a company registered in South Africa. In case you need to know, we are not registered for VAT. Where we refer to “you” or “your” we mean the first named person on the booking and all persons on whose behalf a booking is made or any person to whom a booking is added or transferred.
Our relationship with you
2.1 We are an online travel and food content provider creating articles about places and food around the world, its makers and culture. We also offer the ability to purchase Experiences or Accommodation via our Platform. The Experiences and Accommodation are provided by our third party suppliers (for example hoteliers and Experience providers, and third party suppliers such as other booking platforms) (“Supplier(s)”). These Suppliers offer the Experiences or Accommodation for sale to you through our Platform.
2.2 We do not directly provide any of the Experiences or Accommodation to you, we act as an agent on behalf of the Suppliers and as an intermediary between you and the Supplier. As a result, the Supplier is ultimately responsible for supplying the Experience or Accommodation to you. More information on our services is provided in section 3 of these Customer Terms.
2.3 When you successfully make a booking via the Platform for Experience or Accommodation, the legally binding relationship is between you and the relevant Supplier as set out in the relevant Supplier terms and conditions (“Supplier Terms”). You can find the Supplier Terms below at section 16.1 of these Customer Termsor as provided to you during the booking process and as part of the booking confirmation.
2.4 In addition to the Supplier Terms, these Customer Terms also apply to your booking of the Experience or Accommodation on our Platform.
3.1 As part of our services, we offer you the ability to search through the Platform to find Experiences or Accommodation, then book and purchase Experiences and Accommodation.
3.2 We will act as an intermediary between you and the Supplier that you have purchased an Experience or Accommodation from when you have any questions, changes and/or issues with a booking. We offer this service through our customer support centre as a gesture of goodwill and we will help to fulfill any requests and/or resolve any issues with a booking but we cannot guarantee or be responsible for the actual provision of the Experience or Accommodation from the Supplier. You can contact our customer support centre about a pending booking and/or existing booking at the following email address: email@example.com
How to book a service
4.1 To successfully submit a booking you need to follow the booking path available on our Platform. The Platform allows you to check your order and correct any errors made by you during the booking process before completing a purchase. Please take the time to read and check your order at each page of the booking process as you are responsible for: (a) ensuring that the information you provide is accurate; and (b) ensuring that you are eligible for participating in and booking the Experience or Accommodation (for example, you meet the requirements set out on the booking pages on the Platform).
4.2 By using our services and making a booking for the Experiences or Accommodation through the Platform, you confirm that you accept these Customer Terms. You further confirm that:
- you are 18 years of age or older;
- you possess authority to enter into these Customer Terms, book the Experience and Accommodation and use the Platform;
- all information you supply is true and accurate;
- you are authorised to use the credit or debit card that you use to pay for the Service(s); and
- you will use the booking functions within the Platform to only make legitimate reservations for you and/or others for whom you are authorised to act. False and/or fraudulent reservations are strictly prohibited and if you attempt such a reservation you may have your Eatsplorer access terminated.
4.3 Your booking is confirmed and a legally binding relationship between you and the relevant Supplier for the Experience or Accommodation will exist when we send you a booking confirmation on their behalf. Please check your booking email confirmation carefully and report any incorrect or incomplete information to us via our customer support centre immediately at firstname.lastname@example.org. Our customer support centre will connect you with the relevant supplier who will assist you with resolving any issues with your booking but we cannot guarantee or be responsible for any issues with your booking being resolved to your satisfaction where an error has been made by you during the booking process.
Price and payment
5.1 The sale price of each Experience and Accommodation indicated on the Platform is an estimated indication of price and includes service fees and applicable sales taxes such as VAT (“the Sale Price”). Any city taxes or other mandatory fees charged by the Accommodation such as resort fees, will be as notified to you during the booking process and the charged by the Accommodation on check-in or check-out.
5.2 By completing the check-out process and making a booking for an Experience or Accommodation by clicking the “Pay Now” button on the checkout page, you are confirming to purchase the Experience or Accommodation from the relevant Supplier. Your booking for the Experience or Accommodation is subject to these Customer Terms and the relevant Supplier Terms. All reservations are only confirmed when you receive the booking confirmation. If you do not receive a booking confirmation within 48 hours of placing your reservation please contact the customer support of the relevant supplier that you booked with.
5.3 All currency conversions are based on data from exchanges and are only valid on the date of booking as a guideline. Payments for Accommodation and experiences are taken in the currency of the relevant supplier, or in the currency of your choice, if this facility is available on the suppliers booking system (depending on the location you are making a booking from). Payments may be subject to exchange-rate fluctuations (depending on the date charged) and charges from your bank or credit card issuer for which we have no liability.
5.4 We, or our suppliers will accept payment from you in accordance with the payment methods listed on our Platform.
5.5 We reserve the right to amend all advertised prices on the Platform. We also reserve the right to correct errors in pending bookings and any obvious errors or mistakes in prices of pending bookings and confirmed bookings.
6. Amendments, cancellations and refunds
6.1 Amendments and cancellations made by you
6.1.1 In all cases, once a booking is confirmed with the Supplier you are subject to the cancellation policy as set out in the Supplier Terms detailed on our Platform as part of the booking process and as included in the booking confirmation.
6.1.2 If you wish to amend or cancel a confirmed booking, you must contact the relevant supplier directly. Amendments and cancellations can only be accepted in accordance with the Supplier Terms, your booking confirmation will also include details on the cancellation policy.
6.2 Amendments and cancellations made by us or the Supplier
6.2.1 If a Supplier informs us about a change to your confirmed booking of an Experience or Accommodation, we will inform you, or you will be informed directly by the supplier. Most changes are minor changes, however, on occasion a Supplier may need to make a significant change to your confirmed booking of an Experience or Accommodation.
6.2.2 If a Supplier needs to either cancel or make a significant change to your confirmed booking of an Experience or Accommodation, they will let you know as soon as possible. Liason for alternate arrangement will be between you and the Supplier who will supply you the following options for you to choose from (depending on the type of Experience or Accommodation you have booked) either:
184.108.40.206 accepting an alternative reservation; or
220.127.116.11 cancelling your booking together with a full refund of all monies you have paid for your booking; or
18.104.22.168 accepting the changes made by the Supplier to your booking of an Experience or Accommodation
6.2.3 We fully reserve the right to make changes, cancel or substitute the Experience or Accommodation if the Supplier needs to make a change(s), cancel or substitute such Experience or Accommodation. As we are acting as an agent on behalf of the Supplier and your contract for the Experience or Accommodation is with the Supplier, we will not be responsible for any costs associated with a cancellation or significant change made by a Supplier.
6.3.1 Where refunds are applicable (i.e. you have booked an Experience or Accommodation that is refundable and you have requested a refund, then refunds will be made by the same method used to pay for the booking. Any payment made by credit card or debit card will be returned to that card by the relevant supplier and will not be refunded to any other card.
Passports, visas and insurance
7.1 You are responsible for all travel and/or transport at your own cost and risk (unless transport is expressly included within the relevant Experience or Accommodation), this includes ensuring you meet all foreign entry requirements, country related requirements, passport related requirements and visa related requirements. Requirements can change at any time and so we encourage you to ensure you check the up to date position with the relevant local passport office, the relevant embassy, consulate and doctor, with the Supplier in advance of departure and the relevant government’s website for the latest advice on conditions and information on specific countries.
7.2 We strongly recommend that you purchase comprehensive and relevant insurance for the Experience or Accommodation as soon as you purchase the Experience or Accommodation through our Platform with the relevant supplier. The insurance should cover, amongst other things, the cost of cancellation by you, personal losses, all medical costs and the costs of assistance including return to your country of residence in the event of an accident and/or illness.
8.1 You and your party on behalf of whom you have booked the Experience or Accommodation are expected to conduct yourselves in an acceptable and suitable manner.
8.2 If in our opinion or in the opinion of the Supplier, your behaviour or that of any member of your party is causing or is likely to cause any distress, danger or annoyance to any of our other guests who have purchased Experiences or Accommodation or any third party or damage to property or to cause a delay, we (including the Supplier) reserve the right to terminate your booking arrangements immediately. In the event of such termination you and/or your party will be required to leave the relevant premises immediately. We will have no further obligations to you and/or your party. No refunds for the Experience or Accommodation will be made and we will not pay any expenses or costs incurred as a result of termination.
8.3 We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking for the Experience or Accommodation.
9. Linked travel arrangements and packages
9.1 We do not sell and/or organise packages (as defined under the Package Travel Regulations 2018 (the “PTRs”)) and as a result you will not benefit from any of the rights relating to packages when booking Experiences or Accommodation with us through the Platform.
9.2 In certain circumstances, a linked travel arrangement “LTA” may be created as a result of the Experience or Accommodation you decide to book. An LTA means that at least two different types of travel services are purchased for the same trip or holiday which results in the conclusion of separate contracts between the customer (i.e. you) and the individual travel service provider if:
9.2.1 on the occasion of a single visit to, or contact with one of our Platform, you separately purchase two different travel services for the same trip or holiday; OR
9.2.2 you purchase an Experience or Accommodation on our Platform and within 24 hours of that first purchase then purchase a second different Experience or Accommodation for the same trip or holiday directly from a third party that we have directed you to in a targeted manner (e.g. through a targeted advertisement banner on our Platform, through links in order confirmation webpages and/or links in booking confirmation emails).
10.1 Please read this section carefully as this section limits our liability to you for issues that may arise in connection with your use of our Platform and/or a booking you have made.
10.2 Your rights in relation to the Experience or Accommodation are as set out in the relevant Supplier Terms with the Supplier. As agent, we accept no liability for the actual provision of the Experience or Accommodation. Our responsibilities and liability to you is limited to making the booking for the Experience or Accommodation with the Supplier in accordance with your instructions. You accept that we cannot guarantee, be responsible for or be liable for the Experience or Accommodation that you have booked with the Supplier.
10.3 We accept no liability for:
- you and/or any member of your booking being refused entry into any country due to failure to hold the correct passport, visa or any other travel documentation that is required by any country, authority or airline;
- b) any articles, photos and/or videos on our Platform that relate to the Experiences or Accommodation not meeting your expectations. The articles, photos and/or videos we make available on our Platform are intended to give a guide to the services and/or facilities you may expect from the Experiences or Accommodation but we must not be considered to be making any representations or warranties and cannot guarantee the accuracy of any information provided by us through articles, photos and/or videos on our Platform;
- c) any errors, inaccuracies and/or omissions, Sale Prices or other information provided by Suppliers; and
- d) any system (which includes the Platform) failure of any kind.
10.4 In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking of an Experience or Accommodation. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment, for fraud or fraudulent misrepresentation and any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
11.1 If in accordance with clause 8.2, your behavior or the behavior of a member of your party included within your booking of an Experience or Accommodation is deemed unacceptable and your booking arrangements are terminated by us (or the relevant Supplier) then you and/or your party may also be required to pay for loss and/or damage caused by your actions and we may take action against you or any member of your party to recover such loss or damage. Full payment for any such damage or losses must be made in accordance with our reasonable instructions at the time (i.e. either directly to us or the Supplier). If you fail to make payment in accordance with our reasonable instructions, you will be responsible for meeting any claims (including reasonable legal costs) subsequently made against us as a result of your actions together with any costs we incur in pursuing any claim against you.
Complaints and our customer support centre
12.1 As already mentioned in these Customer Terms, the contract for your booking of an Experience or Accommodation is between you and the Supplier. However we are happy to support communication between you and the Supplier of your Experience or Accommodation for any questions, changes, issues and/or complaints that you may have about the Experience or Accommodation in question.
12.2 If you have an existing booking then please get in touch directly with the relevant supplier that you booked. Where possible be will liaise between you and the Supplier in order to try to resolve any issues and/or complaints with a booking however, as mentioned throughout these Customer terms, we do this as a gesture of goodwill. We do not have any liability to you for refunds or compensation.
12.3 If you have not made any bookings through our Platform but wish to do so and have a question about the Experiences or Accommodation then please get in touch with us at email@example.com.
Changes to these customer terms
13.1 We may make changes to these Customer Terms from time to time. Please check your booking confirmation email which includes a copy of the Customer Terms that apply to your booking of an Experience or Accommodation.
Other important information
14.1 Severability – Each of the sections and paragraphs of these Customer Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
14.2 Waiver – If you breach these Customer Terms and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing.
14.3 Events outside of our control – Any instances of Force Majeure will lead to the suspension of the obligations in these Customer Terms that are affected by the Force Majeure and the party affected by the Force Majeure event shall not be liable as a result of the inability to meet such obligations. For the purposes of these Customer Terms, “Force Majeure” means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, war, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, adverse weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. If you have any concerns about a booking, please contact firstname.lastname@example.org.
Governing law and jurisdiction
15.1 These Customer Terms are governed and should be construed by the laws of South Africa. You can bring proceedings in respect of these Customer Terms in the courts of South Africa. However, as a consumer, if you live outside the UK you can bring legal proceedings in respect of these Terms in either the courts of South Africa or the courts of the country in which you reside.
15.2 As a consumer, if you are resident in a country outside of South Africa and we direct this Website to the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Customers Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
16.1 See EPS Terms and Conditions