| Our T&C, especially (without derogating from the generality of the T&C) the Covid clause | |
| Our Privacy Policy | |
| Our use of Cookies | |
| The T&C of all third party service providers that may be involved in your booking |
INTRODUCTION TO TRPPN â We, TRPPN GROUP (Pty) Ltd (âthe Companyâ), provide two types of service i.e. online bookings with hotels, airlines and car hire companies as well as tailor-made packages
COVID â It is common knowledge that travel in particular has been affected by major challenges arising from the Covid 19/Corona Virus (âCovidâ) which has been declared a pandemic by the World Health Organization (âWHOâ). Covid can be transmitted from person to person inter alia by contact and respiratory means and that it is essential to follow guidelines and precautionary measures issued by the WHO and various governments. Each country has its own entry and exit requirements and it is the sole and exclusive duty of each traveller to familiarise themselves with such prescribed guidelines and precautionary measures AND entry and exit requirements of each country they intend visiting and/or which is reflected in their final itinerary. The Company is not liable for any consequence of non-compliance with this clause and/or the impact of Covid on your booking (See the âResponsibilityâ clause below)
APPLICATION â All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf the Company are subject to these terms and conditions (âthe Conditionsâ) and the terms and conditions of various third party providers of services and/or goods (i.e. airlines, tour operators, hotels, cruise companies etc.) you engage via an on-line booking or who the Company requests on your behalf to render services or provide goods to you (see re such suppliers below: âThird Party Supplierâ).
THE CLIENT AND AUTHORITY â The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered or goods supplied, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person, persons or group or entity in whose name or on whose behalf the enquiry is made or advice sought or estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered and/or the goods supplied (collectively referred to as âthe Client(s)â).
THIRD PARTY SUPPLIERS â The Clients are provided with travel and/or other services and/or goods either by the Company itself or by Third Party Supplier who it engages as agent for the Client - they include airlines vehicle rental, providers of accommodation, food and beverage and excursions. The contract in use by the Third Party Suppliers (which is often constituted by the ticket issued by the them), shall constitute the sole contract between the Third Party Supplier and the Client and any right of recourse the Client may have, will be solely against such Third Party Supplier. The Company will provide the identity and terms and conditions of (or access thereto) all the Third Party Suppliers relevant to the service and/or goods being provided for the Clientâs booking and it's the Clientâs responsibility to familiarise itself with such terms and conditions (âthe Third Party Supplier's Conditionsâ). Whilst the Company vets and selects the Third Party Suppliers with the utmost care and circumspection, the Company accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer or claim of whatever nature it may have as a result of any act or omission on the part of or the failure of the Third Party Supplier to fulfill any of its obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company.
With regards to hotel bookings please note that hotels and other accommodation properties (Collectively referred to as âhotelsâ) may undergo renovations from time to time. Hotels generally take all possible steps to limit disruption and inconvenience to their guests when renovations are taking place. The Company will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If the Company is specifically advised of renovation work in advance by the hotel, this information will be passed on to the Client but it is important to understand that this is subject to change and that the Company may not always be notified.
CAR & VEHICLE HIRE â These contracts (âCar Hire T&Câ) are onerous & include absolute, no fault and strict liability provisions. The Car Hire T&C must be read very carefully and anything you donât understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees. The Company strongly recommends you check the vehicle thoroughly (interior and exterior) with a representative of the car hire company upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted in writing & signed for. Note that the Car Hire T&C constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C.
Similarly the Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers travelled etc.
AIR TICKETS â These tickets are linked to contracts (âAir T&Câ) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation and baggage provisions and the Client MUST read ALL the applicable conditions BEFORE you pay for the ticket. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to âskipâ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. âNo-showsâ may result in the ticket being voided and/or the Client being charged a cancellation fee. Note that the Air T&C constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Clientâs rights of recourse as a consequence of over-booking are determined by the Consumer Protection Act, Act # 68/2008 ('the CPA'). Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client.
BOOKING & RESERVATION â Once the Client has filled in the travel enquiry form (whether hard copy or on the Company's website), responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as âthe Enquiryâ), about a particular destination, trip, tour or mode of travel (collectively referred to as âthe Proposed Travel Arrangementsâ) the Company will prepare and provide the Client with an estimate (by hand, telefax or e-mail) (âthe Estimateâ). Upon the Clientâs written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of the Conditions by the Client, the Company will prepare a quotation for the Proposed Travel Arrangements (âthe Quotationâ). A FULL (100%) payment is required before any travel documents are issued.
| In the case of on-line air tickets, hotel and car hire full payment is required (For airlines see âAir Ticketsâ above) via the secure payment portal. If full payment is not received by the applicable date the supplier may automatically cancel the reservations. | |
| Likewise, in the case of package bookings, once confirmed and accepted by the Client, full payment must be received by the applicable date, failing which the Company will automatically cancel any such booking and the Client will have no right of recourse against the Company or any of the Third Party Suppliers. | |
| Please note that often more than one itinerary is prepared during the booking process and it is solely the Client's obligation to ensure that all the details in the final version submitted to it is correct. | |
PAYMENT
| In the case of on-line air tickets, hotel and car hire full payment is required (For airlines see âAir Ticketsâ above) via the secure payment portal. If full payment is not received by the applicable date the supplier may automatically cancel the reservations. | |
| Likewise, in the case of package bookings, once confirmed and accepted by the Client, full payment must be received by the applicable date, failing which the Company will automatically cancel any such booking and the Client will have no right of recourse against the Company or any of the Third Party Suppliers. | |
| Please note that often more than one itinerary is prepared during the booking process and it is solely the Client's obligation to ensure that all the details in the final version submitted to it is correct. |
PRICE â Note that the Company reserves the right to amend the Price if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date it is completed, signed and returned to the Company and the Deposit paid. Furthermore, Prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Price in full, it reserves the right to charge any fluctuations to the Clientâs account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as VAT). Note that airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Company (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey. This also applies to foreign exchange currency payments such as international hotel bookings, car hire, rail bookings or any other foreign payments that need to be made as well as international bank transfer fees). Should it be a group booking and the group number deviate from the number required for the Booking, the Company reserves the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made (The Company will be entitled to retain any service fees charged and/or retain the commission earned and/or charge an administration fee). Please note that the Price excludes inter alia airport departure tax and any expenses of a personal nature and gratuities.
Please note that in some cases Third Party Suppliers may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been effected
RESPONSIBILITY â All tours are booked and arrangements are made on the express condition that the Client embarks on the tour or journey entirely at their own risk, including the journey from their home(s) to the airport and back. The Company, its directors, members, partners, employees and agents ('the Indemnified Parties') , shall not be responsible for, and shall be exempt from all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm (as defined in the CPA), illness, trauma, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever, unless such claim is for injury or death and due to a negligent act or omission of Company. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Indemnified Parties accordingly. The Indemnified Parties shall furthermore not be liable for any consequential, economic, or indirect loss or damage whatsoever, unless section 61 of the CPA applies.
INSURANCE â It is compulsory for and every Client (and all members of a group or tour party) is obliged to have comprehensive insurance cover and written, documentary proof of such cover must be submitted to the Company with signed quotation. Such cover must include amongst others cancellation due to death, illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with the policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to your broker or the insurer PRIOR to your departure.
Please note that various credit card companies offer limited levels of travel insurance, which may not provide sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
TRAVEL DOCUMENTS â Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the detail therein are correct BEFORE departure. PASSPORTS, VISAS & HEALTH - It is the solely and entirely the Clientâs duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six (6) months after return to his/her/their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with a medical practitioner who is well versed with the prevailing conditions and requirements of the country(ies) you intend visiting. If the Company assists the Client in any way, such assistance will be in the Company's sole discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of such assistance. It is the Clientâs duty to familiarise him/herself with the inherent dangers of and mental and/or physical challenges the journey may entail and the Client must accordingly be in an adequate mental and physical condition for the Proposed Travel Arrangements.
Please note that All visitors to South Africa and all Clients who are travelling from RSA to another country are required to have a minimum of three (3) blank pages in their passport excluding the front and back cover to for visa purposes â However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport, entry will be denied and the Client is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed timeously. The Client must ensure that the details supplied to the Company mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 (six) months after your scheduled return to South Africa. Non-South African passport holders may also be required to have re-entry documentation and it is entirely the Clientâs duty to ensure that such documentation is in order before departure.
Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore caution should be taken when the countries of transit or your final destination issue visas on arrival. These must not be taken for granted and ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.
Should you travel while
pregnant
, please contact your doctor for a âfit to travelâ letter, which is required by some service providers. Please advise the Company how far your pregnancy is when traveling, as some service providers have restrictions.ABRIDGED BIRTH CERTIFICATES FOR CHILDREN - PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS â BROADLY SPEAKING THE FOLLOWING IS REQUIRED WHEN A MINOR TRAVELS WITH HIS/HER PARENTS/GUARDIAN:
| The minor must have an unabridged birth certificate | |
| In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced. | |
| All documents must be original or copies certified as a true copy of the original by a Commissioner of Oaths or the equivalent commissioning authority should Commissioners of Oaths not be a practice in the country concerned. | |
| All documents not in English should be accompanied by a sworn translation issued by the competent authority in the country concerned. |
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary may present is a high-risk of malaria and other tropical diseases. The Company strongly recommends that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return. Certain areas also require Yellow Fever Vaccinations of which the certificate must be carried and produced when required. Yellow Fever Vaccinations last for up to 10 (Ten) years and inoculation is required at least 2 (Two) weeks before your departure from country of origin.
PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries â where the countries you are travelling to issue such a cautionary and it comes to the Company's attention it will convey it and/or provide an appropriate link to you. However, it is your duty to check you destination on the Internet for any such cautionary before you travel as the state of the country in terms of not only health but also security (such as recent terrorist attacks) can change overnight.
LATE BOOKING & AMENDMENT FEES - A late booking fee per booking will be charged in respect of bookings and/or amendments received within 4 (four) working days prior to the departure date & for 2 (two) working days or less R400.00** per booking. This charge is levied to cover communication expenses involved. An amendment fee of R100.00** per booking will be levied for any changes to the confirmed itinerary.
CANCELLATION - In the event of Client cancelling their reservations (which must be done by confirmed e-mail, letter of telefax), the Company shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Company. Such damages will include but not be limited to the aggregate of the following: 10% (Ten percent) commission of the Price; transaction and administration fees. The Company reserves the right to cancel any tour before departure, in which event the entire payment (LESS commission, transaction and administration fees) will be refunded to the Client without any further obligation on the part of the Company or right of recourse by the Client. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Third Party Supplier's Conditions or website. Third Party Suppliers may charge cancellation fees over and above those stated below):
UNSCHEDULED EXTENSIONS AND/OR ITINERARY VARIATIONS - While every effort is made to keep to all published itineraries, Third Party Suppliers and/or the Company reserve the right to make changes for the Clientâs health, safety and convenience. This may be as a result of flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Company, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Clientâs account. This is not and must not be deemed to be a cancellation and will not entitle the Client to a refund of any nature.
BREAKAWAYS â While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Clientâs account.
COACH & AIR CHARTER - Please note that the flying services and coach transfers are sub-contracted to independent Third Party Suppliers. They are entirely and exclusively responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Clientâs account.
DESTINATION SELECTION - The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and up-dated by the Third Party Suppliers over which the Company has no control. Accordingly the Company cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Third Party Supplier.
LAW, JURISDICTION, DOMICILIUM AND LEGAL FEES - South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company The Company shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. The parties choose their respective domicilium citandi et executandi as reflecting in the Booking Form. The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to take any legal steps of any nature whatsoever pertaining to the Conditions and/or arising from the Booking.
CONDUCT - The Client agrees that he/she and any members of its tour party will at all times comply with the Companyâs or othersâ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any Third Party Supplier, other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.
SPECIAL REQUESTS - Client, who has special requests, must specify such requests to the Company in the Enquiry. Whilst the Company will use its best endeavours to accommodate such requests, it does not guarantee that it will.
AMENDMENTS - No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Company.
REFUNDS - No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise. Refunds by the Third Party Suppliers will be exclusively and solely subject to their terms and conditions.
FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Clientâs exclusive duty. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the Internet. It is the responsibility of each individual Client to ensure that he/she does not exceed the R1 (one) million per calendar year (Please note this amount is stipulated by the SA Reserve Bank as at January 2015 and may be adjusted from time to time â it is the Clientâs duty when booking to check with its foreign exchange provider). Individualâs Single Discretionary Allowance: It is imperative that the Clients are able to show any customs official proof that they purchased the foreign exchange they are carrying, failing which it may be confiscated.
e-TICKETING - The Client must be ready to show their identity document and possibly their credit card used to make payment for the Booking at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR. v
FORCE MAJEURE
DEFINITION The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the Conditions, subject to the qualifying requirements:
| The minor must have an unabridged birth certificate | |
| Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, storms, floods, earthquakes, earth tremors, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, subsidence, lightning strikes, fire and other natural disasters; | |
| Industrial action such as strikes and lockouts, riots, protests and protest action, whether of a political nature or not; | |
| War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott; | |
| Epidemic, pandemic or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution; | |
| Any other event that is due to an irresistible force, unavoidable and external accident; | |
| Breakdown of public services and amenities; | |
| National and/or regional border closures and international, national and/or regional or transport travel or transport bans or restrictions whether taken and/or implemented by the government of any country included in the client's travel itinerary; | |
| The geographic location, origin and/or epicenter of the Event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties; |
QUALIFYING REQUIREMENTS The parties agree that the above prima facie force majeure events ('the Event') will only qualify as such if all of the following conditions are met:
| The party invoking force majeure ('the Force Majeure Party' - 'FMP') must immediately advise the other party ('the Force Majeure Recipient' - 'FMR') in writing; | |
| The Event must not be due to the fault, negligence or breach of contract on the part of the FMP; | |
| The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and NOT simply difficult, burdensome or economically onerous to carry out; | |
| The FMP uses and has used due diligence and its best commercially reasonable endeavours to overcome and/or remove and/or alleviate and/or mitigate the Event; | |
| The FMP must mitigate its own damages; | |
| The FMP must take all reasonable steps to avoid non-performance; | |
| Any steps taken by any country's government must be as a result of the Event which results in and meets any one or more of the above Qualifying Requirements; | |
| The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent |
REMEDIES The parties agree that the above prima facie force majeure events ('the Event') will only qualify as such if all of the following conditions are met:
| If the parties are in disagreement about the Definition or the Qualifying Requirements, the parties will apply the Dispute Resolution clause of the Conditions; | |
| If any one or more of the Qualifying Requirements are not met**, the FMP will have the option to agree a postponement with the FMR and the contract will be performed at the postponed date or the FMP can on its sole discretion cancel the contract and the cancellation provisions set out above will apply. The exercise of the option to cancel will be at the discretion of the FMP and regardless of the views of the FMR â the test is an objective one**. | |
| If the parties are in agreement that the Qualifying Requirements have been met, then parties will in the first instance use their best endeavours to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavours to reimburse the FMP all monies received from it and paid to such Third Party Service Providers which it manages to recover less irrecoverable disbursements and a reasonable management, commission and service fees. |
PCONFIDENTIALITY & PRIVACY - Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client's personal information and special personal information is concerned, the Company will comply with all provisions of the applicable privacy legislation such as the Protection of Personal Information Act, Act 4 of 2013 [âPOPIAâ]) and, in the case of residents of the European Community ('the EC'), the General Data Protection Regulations of 2018 ('the GDPR') as detailed in the Company's Privacy Policy which is incorporated herein by reference and which you are deemed to have read, understand and agree to be bound by.
CONFIRMATION OF TRAVEL ARRANGEMENTS - All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 (Seventy Two) hours prior to departure.
INTERNET BOOKINGS - If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.
DRIVERâS LICENCE - Even if you have obtained an international driverâs licence, please take your national driverâs licence with you. Some overseas car rental companies may request proof of residence such as rates and taxes account (as for FICA)
TAXES & SURCHARGES - Where possible airport and airlines taxes and surcharges are reflected in all Prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore it is important that you check with the Company prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for. With regards to accommodation, in some countries city tax and other taxes are only payable on check out.
COPYRIGHT The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company is and shall remain the sole and exclusive property of the Company
The Client furthermore undertakes not to circumvent the Company and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates, quotes and itineraries provided by the Company with any of the Third Party Suppliers or any other service providers or venues for a period of 1 (One) year from the date of the Booking and/or the submission of any proposals, presentations, estimates, quotes and itineraries provided by the Company.
DISPUTE â RESOLUTION Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination and/or advice, requests, quotations, estimates, bookings made or services rendered or goods supplied, shall be dealt with as follows:
| 1 | Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation â the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (âAFSAâ), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitratorâs decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. The judgment upon the award so rendered may be entered in the record of any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language. |
| 2 | Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application |
PHOTOGRAPHY Whilst the Company acknowledges the Client's right of freedom to take photographs in general, please note that the following conditions apply to any photography during any tour and excursions with or arranged by the Company whether during the tour or excursion or thereafter and these rules will be strictly enforced. By the same token Clients are deemed to indemnify the Company against any consequences, claims and legal costs (on an attorney and own client scale) resulting from any breach of whatsoever nature of this clause:
| The copyright and ownership in the photograph ('photo') will remain vested in the person who took the photo (âthe photographerâ), unless a person ('the Subject') asked for the photo to be taken and made an arrangement to the contrary with the photographer. | |
| However once the photographer has posted any material on the Company website or any form of social media, that entitles the Company or any third party to disseminate it. | |
| If the material is to be used commercially e.g. sold or used to launch an advertising campaign, then the written permission of the Subject is required | |
| Whilst you are entitled to take photos of individuals in public areas, many public areas e.g. shopping centres, resorts and some of the places you may visit may seem to be in the public domain but is in fact privately owned and thus subject to the rules prescribed by the owner of which you should be aware. | |
| If the location where the photo is being taken is of such a nature that it is reasonable to presume privacy, e.g. a bathroom, then the Client may not take a photo of the Subject at all. This principle would also apply if the location is e.g. a private game lodge which focuses on upper end clients and celebrities or where the surrounds may not be evidently private - these persons choose such venues for reasons of privacy and even an innocent photo of a staff member posing with a celebrity may be of such a private nature that both the photographer or the staff member requesting the photo is advised to limit the usage to personal purposes and not disseminate it e.g. via social media. | |
| Use of the photo must not be of such a nature that e.g. it misrepresents the Subject, the setting or surrounds | |
| The Company reserves the right to use photos of you and your party on its website and for promotional purposes. If you wish to object to such use, please advise the Company in writing prior to arrival. |
ADDENDUM
On-line check-in Many airlines are now recommending the use of on-line check-in. This can be done up to 24 hours prior to departure but it varies from airline to airline. It is advisable to check on-line with the airline directly. On-line check-in will allow a reduced airport check-in time, and will allow the passenger to reconfirm his/her assigned seat, and if a seat has not been assigned (depending on the airline), it will allow pre-assignment of seat. The Company can if requested to do so in writing (e-mail will suffice) by the Client, arrange for the Client to be checked-in on-line but the Company does so subject to the following conditions:
| The Company does so as the agent of the Client subject to these terms and conditions and the terms and conditions of the airline concerned | ||||||||
| All information supplied by the Client to be checked-in must be accurate and as reflected on their passports or identity documents, as the case may be | ||||||||
| The selection of seating will be in the exclusive discretion of the Company unless specific seating has been requested in writing (but see âSpecial Requestsâ); | ||||||||
| However the Company cannot guarantee that any specified seating will be secured and the final allocation of seating in the final resort is entirely in the discretion of the airline | ||||||||
| Accordingly the Client will have no claim whatsoever against the Company if the requested seats or seating configuration is not allocated by the airline | ||||||||
It remains the exclusive duty of the Client to:
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Names and Surnames It is an IATA (International Air Transport Association) requirement that all air tickets should reflect the full first name, initials and surname of the passenger, and these should be spelt in the exact same way as the first name, initials and surname on the passports or identity documents. The onus is on the passenger to check that the first names and surnames appearing on the Companyâs confirmation form are correct, and must be checked prior to air tickets being issued. Once the air tickets have been issued, no changes can be made and in case of incorrect name and/or surname the tickets will have to be refunded and new tickets issued. Refunded tickets are all subject to penalties for cancellation and the Companyâs administration fee/s.
Pre-Assigned Seats Pre-assigned seats CANNOT be guaranteed due to inter-alia aircraft configuration changes, schedule changes etc., and are always subject to the airlineâs discretion. In some cases seats can only be pre-booked on-line and each airline has its own rules regarding the time limit placed on pre-booking of pre-assigned seats. In other cases the pre-assigned seats can only be held once reconfirmation of the booking takes place on-line, and in specific time frames determined by the airline. It is therefore solely the clientâs responsibility to ensure that he/she has checked on the web-site of the relevant airline for further information in this regard and has followed the correct procedure. Similarly advice to the client regarding the seat can only be provided by the Companyâs consultant based on the information currently available e.g. recline of seat, leg-room space etc.
Airline overbookings The Company is not responsible for overbooking by airlines resulting in the passenger/s being denied boarding. In the case of denied boarding it is the airlineâs responsibility to re-route / re-book the passenger/s on alternative flights, and if required to provide the passenger/s with compensation. The new flight arrangements should be made by the passenger/s directly with the airline at the time of check-in.
Airline delays / Airline cancelled flights The Company is not responsible for delays in departure or landing and/or cancelled flights caused by airlines either in South Africa or elsewhere, whether due to adverse weather conditions, or due to technical reasons or other reasons. If these delays should occur, it will be the airlineâs responsibility to re-route/re-book the passenger on alternative flights (if possible), and/or to provide the passenger with compensation, and/or accommodation etc. if it falls within the passengerâs rights as per the airlineâs terms and conditions, and/or cost of air ticket purchased by the passenger. The new flight arrangements should be made by the passenger/s directly with the airline, and any claims arising from inconvenience caused by the airline to the passenger due to the delay and/or cancelled flight etc. should be made by the passenger directly with the airline. If the passenger requires the Company to act on his/her behalf in his/her claim then this will be undertaken by the Company without prejudice and a fee will be charged and this will be determined and advised to the passenger at the time of initiating representation.
Missed flights The company is not responsible if a passenger misses a flight/s and/or connection/s due to inter alia tardy check-in, non-timeous boarding of flight by the passenger, misinterpretations of flight announcement by the passenger or lack of announcement by the airline etc. in South Africa or elsewhere. It is the full responsibility of the passenger to ensure that he/she checks in for the flight/connecting flight on time, and that he/she reports to the boarding gate on time and as per instructions on the boarding pass. In case of missed flight due to inter alia late check-in or late reporting at The company is not responsible if a passenger misses a flight/s and/or connection/s due to inter alia tardy check-in, non-timeous boarding of flight by the passenger, misinterpretations of flight announcement by the passenger or lack of announcement by the airline etc. in South Africa or elsewhere. It is the full responsibility of the passenger to ensure that he/she checks in for the flight/connecting flight on time, and that he/she reports to the boarding gate on time and as per instructions on the boarding pass. In case of missed flight due to inter alia late check-in or late reporting at
Lost / mislaid baggage Passengers should ensure that all baggage is securely locked or wrapped, labeled with name, address and contact details and that no valuables is contained in their check-in luggage. In the case of baggage delay or loss of baggage, the claim should be made directly with the airline at the airport immediately upon arrival on discovering that baggage is missing or that the baggage has been tampered with. The claim number should be used each time an enquiry is made by the passenger with the airline with regards the delayed, missing or tampered baggage and with regards to any potential monetary claims that could arise. If the loss or damage is discovered after the passenger has left the airport, the airline should be contacted as soon as possible and the claim made directly with the airline official, although the airline may not entertain the claim. If the Company is asked to assist with the follow up with the claim, the Company shall do so without prejudice, and a professional fee will be charged which will be advised at the time of initiating the assistance.
Frequent Flyer Miles Whilst every effort will be made by the Company to ensure that the relevant frequent flyer membership numbers appear in the flight booking reservation, the responsibility to ensure that miles are updated or credited to the frequent flyer membership / loyalty program lies with the passenger. The membership number / card should be displayed by the passenger at check-in, and all boarding passes should be retained as proof of travel. The Airlines cannot update or credit missing miles on the loyalty programs unless the original boarding passes are provided by the passenger. A professional fee is charged by the Company if the Company is requested by its clients to submit boarding passes to the airline/s in order to update or credit the frequent flyer membership.
Loyalty Memberships
Refused Entry / Refused Boarding / Refused Visa The Company cannot be held responsible if any client is refused entry into any country or refused boarding of any aircraft, or refused a visa following an application, for whatever reason including but not limited to incorrect visa/passport documents, security reasons etc. Any expenses incurred or consequence of with regard to refused entry/refused boarding, refused visa will be borne solely by the passenger.
Refund of air ticket due to Refused Entry / Refused Boarding / Cancellation of air booking due to Security Reasons / Refused Visa Whilst the Company will assist the passenger to obtain any refund on unused ticket/s which may be due to the passenger, the refund amount (if any) will be subject to the terms and conditions of the airline concerned and to a professional fee which will be charged by the Company. Furthermore, there is no guarantee that the application for a refund will be successful even in the case of refused entry in a country, refused boarding on an aircraft, cancellation of an air booking resulting in refused entry into a country due to security reasons or a refused visa.
Unused tickets/flight coupons It is the responsibility of the passenger/s to apply to the Company for refund of their unused tickets, or partially used tickets prior to their expiry which is as follows:
There are exceptions to the above, therefore the Company would require that the client enquires from the Company on the exact rule pertaining to his/her ticket as soon as he/she is aware that the flight/s booked have not been used.
Internet bookings â these are normally valid only for the dates of travel for which they have been booked, and therefore if travel does not occur as booked, immediate communication must take please with the Companyâs consultant with a view to checking on what can be done (if anything) to extend the validity of the booking. The onus will remain with the client to ensure that if an extension has been made to the internet booking that he/she contacts the Company timeously to ensure that the new booking is honoured. The Company does not guarantee under any circumstances that any request for a refund or extension will be successful.
ENTIRE CONTRACT - The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and proposals, presentations and itineraries prepared by the Company and the Company's Privacy Policy) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated or presented on behalf of or purportedly on behalf of the Company or otherwise that is not included herein, be it verbal or in writing. The contra proferentem rule will not apply to the interpretation of the Conditions. The Company reserves the right to revise these conditions from time to time - each revision will be dated and posted on its website.