| 1. |
All business including any advice, information or service provided by the Company shall be subjected to these conditions. No alteration shall be binding on the Company unless it is in writing and signed by a Director of the Company. No act or omission of the Company shall be construed as a variation or a waiver of any of these conditions. |
| 2. |
Every customer instructing the Company shall be deemed to be the agent of any person who uses the services booked ("the Customer") and shall be deemed to have warranted that he has the authority to so act. If an employee of the customer has incurred any charges in the course and scope of his employment with the customer, the customer is liable for such charges. Personal/leisure travel will be for the individual's own account. |
| 3. |
The Company only acts as a reservation agent on behalf of principals such as carriers, travel and related service providers and does not accept liability/responsibility for delay, loss, injury, loss/damage to property or any other occurrence resulting from the shortcomings or insufficiency of the providers of the service. All coupons, tickets and receipts are issued subject to the terms and conditions specified by the suppliers, and by accepting the coupons and tickets and utilising the service, the customer becomes contractually bound to the suppliers thereof. The Company shall not be liable whether for breach of contract or negligence for any type of loss, damage or injury however arising unless the loss, damage or injury was caused by the gross negligence of the Company, and in such event, the Company's liability will be limited to R10 000 per customer. |
| 4. |
All corporate and other accounts where credit facilities exist must be settled in full within 15 (FIFTEEN) days from date of statement without any deduction or set off even if there be a dispute as to the amount owing. It is recorded that save where agreed in writing all amounts owing are repayable on presentation of travel documents and shall be regarded as cash sales.
- In the event of any amount not being paid on due date or at all, for any reason whatsoever, interest shall be payable on the outstanding sum or balance, as the case may be, at the prime overdraft rate charges by the Company's bankers and compounded on such outstanding sum or balance monthly in advance as of date the amount becomes due to date of final payment. The Company shall be entitled to, in addition to any other claim which it may have at law, cancel any reservation which has not been paid in accordance with the Company's standard terms and conditions.
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| 5. |
All amounts quoted by the Company and/or reflected in the Company's statements and/or invoices shall be exclusive of VAT unless otherwise indicated thereon. |
| 6. |
The Company reserves the right to withdraw credit facilities in default of payment of any amount whatsoever. In the event of such facilities being withdrawn, the full balance owing shall immediately become due, owing and payable. |
| 7. |
The Company's statement/s shall be payable in full upon presentation of such statement/s and no other deductions or alterations shall be made by the client for any reason whatsoever. This shall include, and without derogating from the generality of the foregoing, any refunds which the customer believes it is entitled to in respect of any service not utilised. The Company undertakes to use its best endeavours to reasonably negotiate whatever credits it can for the customer for any services not utilised. |
| 8. |
Any refund given shall be given only as a credit which shall be utilised for travel and related services only, booked through the Company and any refund credit shall only be given in exceptional circumstances and at the sole and absolute discretion of the Company as a result of such cancellation. - Any claim for a refund in respect of services not used must be submitted to the Company in writing within 30 days of the incidents giving rise to the claim. A refund, less any administration costs, will only be made once the amount has been received from the supplier/s.
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| 9. |
Service charges shall be levied by the Company and be payable by the customer as per the schedule incorporated herein alternatively at the Company's usual rate, at the sole discretion of the Company. |
| 10. |
Quotations shall be subject to withdrawal or revision by the Company and are subject to immediate acceptance by the customer. |
| 11. |
All non-commissionable or non-commissionable earning disbursements paid by the Company to any person on behalf of a client shall in addition to the aforesaid, be subject to a 5% surcharge on such amount/s which shall be payable to the Company by the customer upon demand, save and except for the purchase of travellers cheques or any other form of foreign exchange which shall be deemed to be a cash transaction and which shall be payable by the client to the Company in advance of such purchase. |
| 12. |
In the event of any of the Company's supplier/s not accepting credit cards as a form of payment and as a consequence thereof such amount/s are paid by credit card to the Company, then the Company shall levy a 5% surcharge on such payment/amount/s which shall be payable to the Company by the customer on demand. |
| 13. |
Any unscheduled extension to travel arrangements caused by flight delays, bad weather, strikes or any other cause beyond the control of the Company will be for the customer's account. The Company shall be entitled to make changes to published itineraries for any reason, including conditions such as adverse weather, and such changes shall not constitute grounds for cancellation or a refund. |
| 14. |
At the time of booking, the suppliers may require a deposit. In the event of such a deposit being required by any suppliers, the customer will be required to pay such deposits in full at the time of the booking. The Company reserves the right to cancel any reservation if the deposit is not received. Similarly, suppliers may require payment in full prior to departure date. In such an event the customer is required to pay these remaining charges in full no later than 6 weeks prior to departure. Any resultant costs will be for the customer's account. |
| 15. |
Documents such as tickets, vouchers, itineraries require receipt of payment and applicable currency declarations in order to be processed. Such payment will be as agreed between the customer and the Company. E.g Credit card for air travel. |
| 16. |
Any increase in fares, hotel prices, land costs and other costs between the date of booking and the scheduled departure date shall be for the customer's account and shall be payable on request. Any currency fluctuation shall similarly be for the customer's account. |
| 17. |
Documents or other items including cash, cheques, bank drafts or other remittances sent to the Company through the post shall be deemed not to have been received by the Company unless and until they have been delivered by the Company by the postal authorities. |
| 18. |
In the event of any action being taken against the customer, the customer acknowledges that it shall be liable for legal fees on the scale as between attorney's and one's own customer, and shall also be liable for payment of collection commission as provided for at law, and interest as provided herein. |
| 19. |
The customer hereby consents to the jurisdiction of the Magistrate's Court in respect of any legal proceedings against it. It is further recorded that all bookings will be deemed to have been made and all services deemed to have been rendered in South Africa and accordingly and a competent Magistrate's Court in South Africa shall have jurisdiction to entertain any claim of whatsoever nature pursuant to any agreement concluded between Company and customer. It is further recorded herein contained shall preclude the Company from proceeding in the competent High Court in its sole and absolute discretion for any relief whatsoever. |
| 20. |
The signatory/ies hereto acknowledge that he, she or they shall be liable jointly and severally as surety/ies and co-principal debtor/s for and with the customer for any payments or obligations due to the Company. It is further recorded that in the event of it being intended that more than one person sign these terms and conditions, and in fact only one or more persons so sign same, this instrument of suretyship shall nonetheless be valid against the persons so signing. |
| 21. |
Whilst the Company will use its best endeavours to ensure that bookings and quotations are made correctly and airline tickets and other vouchers issued timeously, no responsibility is accepted by the Company for the failure of any airline or third party to provide the services requested. |
| 22. |
In the event of a claim lying against the Company, notwithstanding the aforegoing, then the customer hereby waives and/or abandons any claim/s and further indemnifies the Company against any such claim/s. |
| 23. |
In the event of a claim lying against the Company, notwithstanding the aforegoing, such claim shall be limited to the sum of R10.00. The customer further acknowledges that the quotations, information and timetables supplied by the Company to it are made in good faith, and are based on current schedules, tariffs, exchange rates, prices and advance information which were current when such quotations were issued to it. It is recorded that such information is subject to change without notice. Any increase or reasonable alteration shall be accepted by the client notwithstanding that such increase or alteration arose after booking or settlement of original account. |
| 24. |
It is further recorded that certain airlines and other institutions advertise services at a particular rate. Such rates are generally qualified and/or for a limited amount of seats or rooms only on a first come first serve basis. No claim shall lie against the Company in the event of the Company being unable to procure such special rates. |
| 25. |
The Company reserves the right to cancel any tour before departure in which event any amount paid will be refunded without further obligation on the part of the Company and the customer will have no right against the Company. |
| 26. |
The Company reserves the right to cancel any agreement in respect of which payments have fallen in arrears and in the event of this right being exercised, the full balance shall become due and payable immediately. |
| 27. |
The customer will be responsible for any cancellation fees in full levied by the tour operator. The Company shall not be responsible for any delays prior to departure of tours, during the course of tours, or at any time and any additional costs which may be incurred as a result of any delays shall be for the account of the customer. |
| 28. |
The Company is entitled to retain and be paid all brokerage fees, allowances and other remuneration's of whatsoever nature, and shall not be obliged to disclose or account to the customer thereof. The Company shall have the right to vary or amend these terms and conditions from time to time by giving the customer written notice of the intended variation or amendment then to apply, and the client shall be deemed to have agreed to such variation or amendment unless written notice is given to the Company objecting to the variation or amendment in which event the Company shall have the right to forthwith and without further notice refuse to render further services. |
| 29. |
It is the responsibility of the customer to :
- Ensure that they are adequately insured in respect of the following : cancellation due to illness, accident, injury, personal liability, personal accident and loss of baggage.
While the Company is able and prepared to render and advise in regard to the procurement of insurance, it shall not be obliged to so procure and obtain such insurance and will not be held responsible for any matter that may arise from refusal of any insurance.
- Ensure that the necessary current and valid passport, visa and other vaccinations and inoculations which may be required, are obtained and the Company shall not be liable for any loss or damage sustained as a result of the client not procuring same.
- Provide a medical certificate to the Company for a passenger over 75 years, and any other person with relevant disability or who is pregnant.
- Confirm times and dates of departure.
- Confirm all flights within 72 hours prior to departure - all IATA carriers have the right to cancel confirmed seats unless all onward flights have been confirmed.
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| 30. |
The relationship between the Company and the customer shall be governed according to the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. Any action arising out of an agreement between the customer and the Company may be instituted in any Magistrate's Court otherwise having jurisdiction, even though the cause of action may exceed the jurisdiction of the Court. |
| 31. |
If the Company instructs attorneys to collect any amount from the customer owing to the Company, the customer shall pay all costs on the attorney and client scale, including collection charges, subject to the Company being in the right and the customer being at fault. The customer agrees that the Company shall be entitled to institute action in any Magistrate's Court notwithstanding that the amount in dispute exceeds such Court's jurisdiction. |
| 32. |
No amendment or waiver hereof or indulgence afforded by the Company shall be of any force and effect unless reduced to writing and signed for and on behalf of the Company and which event such amendment/waiver or indulgence shall be for that specific purpose agreed for only and for no other purpose. |