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Terms and Conditions

These Terms constitute a legally binding agreement between you and Rural Tourism Africa(AA) governing your access to and use of the website, including any sub-domains thereof, and any other websites through which Rural Tourism Africa makes its services available (collectively, “Site“), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “AA Services“). The Site, Application, and Agritourism Services together are hereinafter collectively referred to as the AA Our Host Guarantee TermsNon-discrimination Policy, and other Policies applicable to your use of the Rural Tourism Africa Platform are incorporated by reference into this Agreement.

When these Terms mention “Agritourism,” “we,” “us,” or “our,” it refers to the Agritourism company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

Scope Of Rural Tourism Africa Services

1.1 The Rural Tourism Africa Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Rural Tourism Africa Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the Rural Tourism Africa Platform, Agritourism does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Rural Tourism Africa. Hosts alone are responsible for their Listings. When Members make or accept a booking, they are entering into a contract directly with each other. Agritourism is not and does not become a party to or other participant in any contractual relationship between Members, nor is Rural Tourism Africa a real estate broker or insurer. Rural Tourism Africa is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms

While we may help facilitate the resolution of disputes, Rural Tourism Africa has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Rural Tourism Africa does not endorse any Member or Listing. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Rural Tourism Africa about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Rural Tourism Africa Listing.

To promote the Rural Tourism Africa Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Agritourism A cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Rural Tourism Africa Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

Modification Of These Terms

Rural Tourism Africa reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Rural Tourism Africa Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Rural Tourism Africa Platform will constitute acceptance of the revised Terms.

Content

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Rural Tourism Africa Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Terms.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Rural Tourism Africa Platform, you grant to Rural Tourism Africa a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Rural Tourism Africa Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy Unless you provide specific consent, Agritourism does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Rural Tourism Africa’s or any other Rural Tourism Africa’s policy. Rural Tourism Africa may, without prior notice, remove or disable access to any Member Content that Rural Tourism Africa finds to be in violation of applicable law, these Terms or Rural Tourism Africa’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Rural Tourism Africa its Members, third parties, or property.

Rural Tourism Africa respects copyright law and expects its Members to do the same.

Service Fees

Rural Tourism Africa may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Rural Tourism Africa Platform.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Rural Tourism Africa reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

Terms Applicable to All Listings

When creating a Listing through the Rural Tourism Africa Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Rural Tourism Africa. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. Rural Tourism Africa reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made.

Listing Accommodations

You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.

Booking Accommodations

You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Rural Tourism Africa (via Rural Tourism Africa Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Rural Tourism Africa Platform. In connection with your use of the Rural Tourism Africa Platform, you will not and will not assist or enable others to:

copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Rural Tourism Africa Platform in any way that is inconsistent with Rural Tourism Africa or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Rural Tourism Africa Platform in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Rural Tourism Africa Platform;
unless Rural Tourism Africa explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Rural Tourism Africa Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Platform to request, make or accept a booking independent of the Rural Tourism Africa Platform, to circumvent any Service Fees or for any other reason;
You acknowledge that Rural Tourism Africa has no obligation to monitor the access to or use of the Rural Tourism Africa Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Rural Tourism Africa Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Rural Tourism Africa in good faith, and to provide Rural Tourism Africa with such information and take such actions as may be reasonably requested by Rural Tourism Africa with respect to any investigation undertaken by Rural Tourism Africa or a representative of Rural Tourism Africa regarding the use or abuse of the Rural Tourism Africa Platform.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend , indemnify, and hold Rural Tourism Africa and its affiliates and subsidiaries, including but not limited to, Rural Tourism Africa Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Rural Tourism Africa Platform or any Rural Tourism Africa Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Rural Tourism Africa Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rural Tourism Africa Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Rural Tourism Africa Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Rural Tourism Africa and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Rural Tourism Africa and you in relation to the access to and use of the Rural Tourism Africa Platform.

No joint venture, partnership, employment, or agency relationship exists between you and Rural Tourism Africa as a result of this Agreement or your use of the Rural Tourism Africa Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Rural Tourism Africa failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Rural Tourism Africa’s prior written consent. Rural Tourism Africa may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Rural Tourism Africa via email, Rural Tourism Africa Platform notification, or messaging service (including SMS and WhatsApp).

Video Footage By Lens Tracks Terms and Conditions

LensTracks is owned and managed by Johan Rothmann. Since January 2018 LensTracks has produced 27 promotional videos for members of Agritourism South Africa. Apart from traveling expenses and accommodation, this was done at no cost to the members or to Agritourism South Africa. All these videos are available on the Agritourism YouTube channel (videos of ex-members were either deleted or unlisted). The videos were also uploaded into a Dropbox folder of Agritourism South Africa.

The arrangement with Agritourism South Africa was non-exclusive and LensTracks are involved with several other projects. To align the agreement between LensTracks and Agritourism South Africa with the other projects of LensTracks, the following terms and conditions will apply.

Terms and Conditions

LensTracks offers to produce promotional videos for members of Agritourism South Africa. These videos will be between 2 and 10 minutes in duration and can be used on various digital platforms such as websites, YouTube, and Facebook to promote these establishments.

This is not an exclusive offer to Agritourism South Africa, nor an exclusive arrangement with LensTracks. However, should it be accepted, LensTracks has first right of refusal to produce videos for Agritourism South Africa’s members.

How

Filming will be done on location over a period of one to three days, depending on the nature of the member’s operation. An extensive filming will be planned with the member’s input, to ensure that all the offerings and activities are covered in the video. With permission from the member, and where applicable, a drone can also be used to do aerial filming of the business.

A voice-over script will be compiled and applied to the video with an appropriate voice artist. Background music will be included in the video to provide a professional promotional video.

Cost

There are three aspects to the costing of the video.

a) Travel expenses
Members will be responsible for the travel expenses of LensTracks from Somerset West (or closer should LensTracks be visiting several members as part of a pre-arranged schedule) to get to the location and back to their office.

Travel could be by air, rental cars, or LensTracks’s own vehicle at a rate of R3.30 per kilometer.

b) Boarding and lodging
Members will be responsible for the accommodation and meals of LensTracks for 2 people for maximum 3 nights. Where meals cannot be provided, an additional charge of R400 per night will be added.

c) Video production
Members will be charged for the filming and post-production cost based on the duration of the video. This will be R1,500 per completed minute’s duration of the final approved version with a minimum amount of R3,000 per video.

An exact costing applicable to the specific member will be provided and agreed upon upfront. A 50% deposit of the travel expenses and boarding and lodging will be required not later than 14 days before the filming is due to start. The remaining cost will be payable once the final version of the video is approved.

Post-production and distribution

Editing all the digital assets such as footage, images, sound, into a professional video with a duration of 2 to 10 minutes can take up to 10 business days after filming, and after LensTracks returned to their office.
Once the video is completed, verified, approved and paid for by the member, it will be published on the digital channels of Agritourism South Africa such as the website, Facebook, and YouTube. Members will be informed when and where it was published and are free to include links to the video in their own promotional material and social media. LensTracks reserves the right to also publish the video on its own digital platforms such as website, YouTube channel and Facebook.

Should membership of the specific member with Agritourism South Africa ends for whatever reason, the video and links to the video will be removed from all Agritourism South Africa’s digital channels.

Copyright

A subtle, digital watermark of Agritourism South Africa will appear in a corner through-out the video. Copyright of the video belongs to LensTracks. This means that the video does not become the member’s or Agritourism South Africa’s property, but is available for as long as the member is a paid-up member of Agritourism South Africa.

The video will be produced in HD quality format. Credits such as the narrator, music, and “Produced by LensTracks” will be included at the end of the video.

What Does Agritourism South Africa Need To Do?

Agritourism South Africa needs to introduce LensTracks to its members and communicate what LensTracks can provide. This will be in the form of an introductory newsletter, information pack for new members, as well as information on Agritourism South Africa’s website. Agritourism South Africa is not involved in the negotiations about the video and eventual transactions between LensTracks and the member.

Provide LensTracks with a digital version of the latest Agritourism South Africa logo that can be used as a watermark in all videos produced. Access should be granted so that LensTracks can upload approved videos onto the Agritourism South Africa YouTube channel.

Approved and paid-for videos need to be added to the member’s page on the Agritourism South Africa’s website and promoted on Facebook. Videos of members who end their membership with Agritourism South Africa must be deleted from all digital platforms owned/managed by Agritourism South Africa.

What Will Agritourism South Africa Gain?

Promotional video material of its members branded with Agritourism South Africa’s logo that can be uploaded to its YouTube channel and used during any marketing event.

Wider reach to potential tourists through digital platforms such as YouTube.

Potentially more visitors to members, more members, and indirectly more income.

What Does A Member Need To Do?

A member is responsible for the costs involved to obtain the video. This is the cost payable to LensTracks for traveling, boarding and lodging, and video production as defined above. Members need to assist LensTracks with the planning of the video production by indicating all the necessary features as described in the production process. Members need to grant access and approval to LensTracks for the filming as planned. Members need to assist LensTracks with the post-production process by providing additional information, digital versions of logos and other images that may be required, and respond with approval requests of scripts and the video.

What Will A Member Receive and Gain?

A promotional video between 2 and 10 minutes in duration of the member’s facilities and offerings for guests/tourists/visitors at the discounted price as indicated above. The video will be published on Agritourism South Africa’s digital platforms such as the website, YouTube channel, and Facebook.

This should attract more visitors and business for the member.

What Will Be Included In The Video?

Each member is unique and will be portrayed as such in the video. The idea is to attract guests/tourists/visitors and therefor the focus will be on attractions, facilities and amenities offered by the member.

Video Production Process

This information about the production process will enable members to prepare better for the scheduled Agritourism video production. These are guidelines only and will be adapted according to the unique requirements of each member.

Time

On the arrival date, LensTracks will be on location between 2pm and 4pm, and depart by 9am on the date of departure, unless different arrangements were made.

Planning the shoot

On arrival, LensTracks will sit down with the owners/managers and plan the filming with their input. Each of the aspects as described below will be discussed and a tick list will be compiled to ensure that nothing is missed.
A short, on camera interview with owners/managers/staff is usually included in the video. It should be planned in advance: who will be interviewed, and what topic(s) will be addressed in the interview. The interview will take up less than 30 seconds in the final video.

Aspects to be filmed

The Farm
A landscape overview of the farm that will give viewers a good idea what to expect when they arrive as guests. Think about unique features such as mountains, rivers, dams, fields, crops, gardens, trees, flowers, historic features, etc.

Farming activities
The main farming activities of the working farm need to be filmed, preferably with live action of these activities. Farm animals and farm produce that form part of the working farm or the leisure activities must be included where possible.

Accommodation
The interior and exterior of all the accommodation options (where applicable) will be filmed. Offices and reception areas (where applicable) can be included. Where meals are provided to visitors, it will be included in the filming, preferably with people enjoying a meal.

Leisure activities
All leisure activities offered need to be filmed. This includes activities such as hiking, cycling, horse riding, swimming, fishing, birding, game viewing, feeding animals, tasting, children playgrounds, etc. Once again, it will be better to film live action. If possible, members should arrange with friends and family to come and do these activities for the sake of filming it.

Attractions in the area
Any other attractions that are close to the farm and accessible for visitors can be included and/or filmed for the video. Members to arrange access for filming from the responsible people.

Video text for voice-over

Notes will be taken during filming that will assist to write the script for the voice-over of the video. The more comprehensive information, the better the script (and video) will be. Digital versions such as Word documents of additional information can be provided where possible. Members can indicate their choice of language (Afrikaans or English) and preference for male or female voice.

Use of member’s material

It is not always possible to film all the aspects during the scheduled visit due to weather or different seasons. In such cases, LensTracks may use some of the member’s own video or photo material. If there is a logo for the establishment or business that need to be included in the video, the member needs to provide a digital version to LensTracks. The preferred format is .png but a .jpeg will also suffice.

The above should be prepared before the scheduled visit so that LensTracks can copy it onto a memory stick during their visit. The member’s contact details will be displayed at the end of the video. This needs to be decided and prepared, for example website address, email address, mobile numbers, Facebook, Instagram, etc.

Contact

To discuss the production of promotional videos or any aspect of these terms and conditions, contact LensTracks directly:

Johan Rothmann

lens@lenstracks.co.za

Tel: (021) 855-5159 Mobile: 084 580 4000

REFERENCES:
LensTracks website: www.lenstracks.co.za
LensTracks YouTube channel: https://www.YouTube.com/c/LensTracks
Agritourism SA YouTube channel: https://www.youtube.com/channel/UCaTIkNaw_-LKXV1E7oxBjIA

Competition Terms and Conditions

Rural Tourism Africa runs competitions on various platforms, and there are some rules that you need to be aware of when entering any of our competitions or giveaways.

  • Prizes are not exchangeable for cash.
  • Winners will be chosen from entries across multiple platforms, where the competition is run. This may include our website, Facebook, Instagram, newsletters and many more.
  • Winners must be based in South Africa to redeem their prize.
  • No members of the Rural Tourism Africa team, their partners, suppliers or their families may enter.
  • Entrants that have won any Rural Tourism Africa competition in the past 12 months are not eligible.
  • Winners will be chosen using a random winner picking tool, unless otherwise advised.
  • The decision of Rural Tourism Africa is final in all competitions.

These Terms constitute a legally binding agreement between you and Rural Tourism Africa(AA) governing your access to and use of the website, including any sub-domains thereof, and any other websites through which Rural Tourism Africa makes its services available (collectively, “Site“), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “AA Services“). The Site, Application, and Agritourism Services together are hereinafter collectively referred to as the AA Our Host Guarantee TermsNon-discrimination Policy, and other Policies applicable to your use of the Rural Tourism Africa Platform are incorporated by reference into this Agreement.

When these Terms mention “Agritourism,” “we,” “us,” or “our,” it refers to the Agritourism company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

Scope Of Rural Tourism Africa Services

1.1 The Rural Tourism Africa Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Rural Tourism Africa Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the Rural Tourism Africa Platform, Agritourism does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Rural Tourism Africa. Hosts alone are responsible for their Listings. When Members make or accept a booking, they are entering into a contract directly with each other. Agritourism is not and does not become a party to or other participant in any contractual relationship between Members, nor is Rural Tourism Africa a real estate broker or insurer. Rural Tourism Africa is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms

While we may help facilitate the resolution of disputes, Rural Tourism Africa has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Rural Tourism Africa does not endorse any Member or Listing. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Rural Tourism Africa about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Rural Tourism Africa Listing.

To promote the Rural Tourism Africa Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Agritourism A cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Rural Tourism Africa Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

Modification Of These Terms

Rural Tourism Africa reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Rural Tourism Africa Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Rural Tourism Africa Platform will constitute acceptance of the revised Terms.

Content

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Rural Tourism Africa Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Terms.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Rural Tourism Africa Platform, you grant to Rural Tourism Africa a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Rural Tourism Africa Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy Unless you provide specific consent, Agritourism does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Rural Tourism Africa’s or any other Rural Tourism Africa’s policy. Rural Tourism Africa may, without prior notice, remove or disable access to any Member Content that Rural Tourism Africa finds to be in violation of applicable law, these Terms or Rural Tourism Africa’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Rural Tourism Africa its Members, third parties, or property.

Rural Tourism Africa respects copyright law and expects its Members to do the same.

Service Fees

Rural Tourism Africa may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Rural Tourism Africa Platform.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Rural Tourism Africa reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

Terms Applicable to All Listings

When creating a Listing through the Rural Tourism Africa Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Rural Tourism Africa. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. Rural Tourism Africa reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made.

Listing Accommodations

You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.

Booking Accommodations

You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Rural Tourism Africa (via Rural Tourism Africa Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Rural Tourism Africa Platform. In connection with your use of the Rural Tourism Africa Platform, you will not and will not assist or enable others to:

copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Rural Tourism Africa Platform in any way that is inconsistent with Rural Tourism Africa or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Rural Tourism Africa Platform in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Rural Tourism Africa Platform;
unless Rural Tourism Africa explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Rural Tourism Africa Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Platform to request, make or accept a booking independent of the Rural Tourism Africa Platform, to circumvent any Service Fees or for any other reason;
You acknowledge that Rural Tourism Africa has no obligation to monitor the access to or use of the Rural Tourism Africa Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Rural Tourism Africa Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Rural Tourism Africa in good faith, and to provide Rural Tourism Africa with such information and take such actions as may be reasonably requested by Rural Tourism Africa with respect to any investigation undertaken by Rural Tourism Africa or a representative of Rural Tourism Africa regarding the use or abuse of the Rural Tourism Africa Platform.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend , indemnify, and hold Rural Tourism Africa and its affiliates and subsidiaries, including but not limited to, Rural Tourism Africa Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Rural Tourism Africa Platform or any Rural Tourism Africa Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Rural Tourism Africa Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rural Tourism Africa Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Rural Tourism Africa Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Rural Tourism Africa and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Rural Tourism Africa and you in relation to the access to and use of the Rural Tourism Africa Platform.

No joint venture, partnership, employment, or agency relationship exists between you and Rural Tourism Africa as a result of this Agreement or your use of the Rural Tourism Africa Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Rural Tourism Africa failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Rural Tourism Africa’s prior written consent. Rural Tourism Africa may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Rural Tourism Africa via email, Rural Tourism Africa Platform notification, or messaging service (including SMS and WhatsApp).

Video Footage By Lens Tracks Terms and Conditions

LensTracks is owned and managed by Johan Rothmann. Since January 2018 LensTracks has produced 27 promotional videos for members of Agritourism South Africa. Apart from traveling expenses and accommodation, this was done at no cost to the members or to Agritourism South Africa. All these videos are available on the Agritourism YouTube channel (videos of ex-members were either deleted or unlisted). The videos were also uploaded into a Dropbox folder of Agritourism South Africa.

The arrangement with Agritourism South Africa was non-exclusive and LensTracks are involved with several other projects. To align the agreement between LensTracks and Agritourism South Africa with the other projects of LensTracks, the following terms and conditions will apply.

Terms and Conditions

LensTracks offers to produce promotional videos for members of Agritourism South Africa. These videos will be between 2 and 10 minutes in duration and can be used on various digital platforms such as websites, YouTube, and Facebook to promote these establishments.

This is not an exclusive offer to Agritourism South Africa, nor an exclusive arrangement with LensTracks. However, should it be accepted, LensTracks has first right of refusal to produce videos for Agritourism South Africa’s members.

How

Filming will be done on location over a period of one to three days, depending on the nature of the member’s operation. An extensive filming will be planned with the member’s input, to ensure that all the offerings and activities are covered in the video. With permission from the member, and where applicable, a drone can also be used to do aerial filming of the business.

A voice-over script will be compiled and applied to the video with an appropriate voice artist. Background music will be included in the video to provide a professional promotional video.

Cost

There are three aspects to the costing of the video.

a) Travel expenses
Members will be responsible for the travel expenses of LensTracks from Somerset West (or closer should LensTracks be visiting several members as part of a pre-arranged schedule) to get to the location and back to their office.

Travel could be by air, rental cars, or LensTracks’s own vehicle at a rate of R3.30 per kilometer.

b) Boarding and lodging
Members will be responsible for the accommodation and meals of LensTracks for 2 people for maximum 3 nights. Where meals cannot be provided, an additional charge of R400 per night will be added.

c) Video production
Members will be charged for the filming and post-production cost based on the duration of the video. This will be R1,500 per completed minute’s duration of the final approved version with a minimum amount of R3,000 per video.

An exact costing applicable to the specific member will be provided and agreed upon upfront. A 50% deposit of the travel expenses and boarding and lodging will be required not later than 14 days before the filming is due to start. The remaining cost will be payable once the final version of the video is approved.

Post-production and distribution

Editing all the digital assets such as footage, images, sound, into a professional video with a duration of 2 to 10 minutes can take up to 10 business days after filming, and after LensTracks returned to their office.
Once the video is completed, verified, approved and paid for by the member, it will be published on the digital channels of Agritourism South Africa such as the website, Facebook, and YouTube. Members will be informed when and where it was published and are free to include links to the video in their own promotional material and social media. LensTracks reserves the right to also publish the video on its own digital platforms such as website, YouTube channel and Facebook.

Should membership of the specific member with Agritourism South Africa ends for whatever reason, the video and links to the video will be removed from all Agritourism South Africa’s digital channels.

Copyright

A subtle, digital watermark of Agritourism South Africa will appear in a corner through-out the video. Copyright of the video belongs to LensTracks. This means that the video does not become the member’s or Agritourism South Africa’s property, but is available for as long as the member is a paid-up member of Agritourism South Africa.

The video will be produced in HD quality format. Credits such as the narrator, music, and “Produced by LensTracks” will be included at the end of the video.

What Does Agritourism South Africa Need To Do?

Agritourism South Africa needs to introduce LensTracks to its members and communicate what LensTracks can provide. This will be in the form of an introductory newsletter, information pack for new members, as well as information on Agritourism South Africa’s website. Agritourism South Africa is not involved in the negotiations about the video and eventual transactions between LensTracks and the member.

Provide LensTracks with a digital version of the latest Agritourism South Africa logo that can be used as a watermark in all videos produced. Access should be granted so that LensTracks can upload approved videos onto the Agritourism South Africa YouTube channel.

Approved and paid-for videos need to be added to the member’s page on the Agritourism South Africa’s website and promoted on Facebook. Videos of members who end their membership with Agritourism South Africa must be deleted from all digital platforms owned/managed by Agritourism South Africa.

What Will Agritourism South Africa Gain?

Promotional video material of its members branded with Agritourism South Africa’s logo that can be uploaded to its YouTube channel and used during any marketing event.

Wider reach to potential tourists through digital platforms such as YouTube.

Potentially more visitors to members, more members, and indirectly more income.

What Does A Member Need To Do?

A member is responsible for the costs involved to obtain the video. This is the cost payable to LensTracks for traveling, boarding and lodging, and video production as defined above. Members need to assist LensTracks with the planning of the video production by indicating all the necessary features as described in the production process. Members need to grant access and approval to LensTracks for the filming as planned. Members need to assist LensTracks with the post-production process by providing additional information, digital versions of logos and other images that may be required, and respond with approval requests of scripts and the video.

What Will A Member Receive and Gain?

A promotional video between 2 and 10 minutes in duration of the member’s facilities and offerings for guests/tourists/visitors at the discounted price as indicated above. The video will be published on Agritourism South Africa’s digital platforms such as the website, YouTube channel, and Facebook.

This should attract more visitors and business for the member.

What Will Be Included In The Video?

Each member is unique and will be portrayed as such in the video. The idea is to attract guests/tourists/visitors and therefor the focus will be on attractions, facilities and amenities offered by the member.

Video Production Process

This information about the production process will enable members to prepare better for the scheduled Agritourism video production. These are guidelines only and will be adapted according to the unique requirements of each member.

Time

On the arrival date, LensTracks will be on location between 2pm and 4pm, and depart by 9am on the date of departure, unless different arrangements were made.

Planning the shoot

On arrival, LensTracks will sit down with the owners/managers and plan the filming with their input. Each of the aspects as described below will be discussed and a tick list will be compiled to ensure that nothing is missed.
A short, on camera interview with owners/managers/staff is usually included in the video. It should be planned in advance: who will be interviewed, and what topic(s) will be addressed in the interview. The interview will take up less than 30 seconds in the final video.

Aspects to be filmed

The Farm
A landscape overview of the farm that will give viewers a good idea what to expect when they arrive as guests. Think about unique features such as mountains, rivers, dams, fields, crops, gardens, trees, flowers, historic features, etc.

Farming activities
The main farming activities of the working farm need to be filmed, preferably with live action of these activities. Farm animals and farm produce that form part of the working farm or the leisure activities must be included where possible.

Accommodation
The interior and exterior of all the accommodation options (where applicable) will be filmed. Offices and reception areas (where applicable) can be included. Where meals are provided to visitors, it will be included in the filming, preferably with people enjoying a meal.

Leisure activities
All leisure activities offered need to be filmed. This includes activities such as hiking, cycling, horse riding, swimming, fishing, birding, game viewing, feeding animals, tasting, children playgrounds, etc. Once again, it will be better to film live action. If possible, members should arrange with friends and family to come and do these activities for the sake of filming it.

Attractions in the area
Any other attractions that are close to the farm and accessible for visitors can be included and/or filmed for the video. Members to arrange access for filming from the responsible people.

Video text for voice-over

Notes will be taken during filming that will assist to write the script for the voice-over of the video. The more comprehensive information, the better the script (and video) will be. Digital versions such as Word documents of additional information can be provided where possible. Members can indicate their choice of language (Afrikaans or English) and preference for male or female voice.

Use of member’s material

It is not always possible to film all the aspects during the scheduled visit due to weather or different seasons. In such cases, LensTracks may use some of the member’s own video or photo material. If there is a logo for the establishment or business that need to be included in the video, the member needs to provide a digital version to LensTracks. The preferred format is .png but a .jpeg will also suffice.

The above should be prepared before the scheduled visit so that LensTracks can copy it onto a memory stick during their visit. The member’s contact details will be displayed at the end of the video. This needs to be decided and prepared, for example website address, email address, mobile numbers, Facebook, Instagram, etc.

Contact

To discuss the production of promotional videos or any aspect of these terms and conditions, contact LensTracks directly:

Johan Rothmann

lens@lenstracks.co.za

Tel: (021) 855-5159 Mobile: 084 580 4000

REFERENCES:
LensTracks website: www.lenstracks.co.za
LensTracks YouTube channel: https://www.YouTube.com/c/LensTracks
Agritourism SA YouTube channel: https://www.youtube.com/channel/UCaTIkNaw_-LKXV1E7oxBjIA

Competition Terms and Conditions

Rural Tourism Africa runs competitions on various platforms, and there are some rules that you need to be aware of when entering any of our competitions or giveaways.

  • Prizes are not exchangeable for cash.
  • Winners will be chosen from entries across multiple platforms, where the competition is run. This may include our website, Facebook, Instagram, newsletters and many more.
  • Winners must be based in South Africa to redeem their prize.
  • No members of the Rural Tourism Africa team, their partners, suppliers or their families may enter.
  • Entrants that have won any Rural Tourism Africa competition in the past 12 months are not eligible.
  • Winners will be chosen using a random winner picking tool, unless otherwise advised.
  • The decision of Rural Tourism Africa is final in all competitions.