|
|
STANDARD TERMS AND
CONDITIONS OF CONTRACT
Sure Zorgvliet Travel Pty Ltd
APPLICATION - All quotations or estimates provided by or bookings
made with and/or all services rendered by or on behalf of Sure Zorgvliet Travel
Pty Ltd (‘the Travel Agent’) are subject to these terms and conditions (‘the Conditions’).
THE CLIENT AND AUTHORITY- The person requesting such quotations
or estimates or making such booking or to whom any service is rendered, is deemed
to have read and accepted the Conditions and to have the authority to do so on behalf
of the person in whose name the estimate or quotation or reservation is requested
and/or provided and/or the person to whom the services are rendered (collectively
referred to as ‘the Client’).
THIRD PARTY SERVICE PROVIDERS - The Travel Agent provides Clients
with travel and/or other services either itself or acting as agents for principals
engaged in or associated with the travel industry, such as airlines (‘collectively
referred to as ‘the Principal’). The Travel Agent represents the Principal as agents
only and accordingly accepts no liability for any loss, damage, injury or death
which any Client may suffer as a result of any act or omission on the part of or
the failure of the Principal to fulfill its obligations, whether in relation to
travel arrangements, accommodation or otherwise. The contract in use by the Principal
(which is often constituted by the ticket issued by the Principal), shall constitute
the sole contract between the Principal and the Client and any right of recourse
the Client may have, will be solely against the Principal. The Travel Agent will
provide the identity, terms and conditions of all the Principals relevant to the
service being provided for the Client’s booking. It’s the Client’s responsibility
to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).
BOOKING, DEPOSIT & RESERVATION – Once the Client has filled
in the travel enquiry form, 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 ‘the Enquiry’), about a particular
destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed
Travel Arrangements’) the Travel Agent will prepare and provide the Client with
an estimate (by hand, telefax or e-mail) (‘the Estimate’). Upon the Client’s written
confirmation that the facts and information contained in the Estimate is correct,
the Travel Agent will prepare a quotation for the Proposed Travel Arrangements (‘the
Quotation’). A non-refundable deposit equivalent to the percentage (‘the Deposit’)
of the total estimated value of the Proposed Travel Arrangements (‘the Price’) as
specified in the Quotation is required in order to confirm reservations with Principals
(‘the Booking’), subject to payment of the balance of the Price in due course as
specified herein*. The Travel Agent will not confirm any reservation if the deposit
and a signed Quotation are not received. Once the Booking has been completed, the
Client will be supplied with the document that will contain the final detail of
your Booking (‘the Booking Confirmation Form’), which the Client must sign and return
to the Travel Agent. * In the case of air tickets, full payment is required as per
the applicable fare rule. If full payment is not received by the applicable date
the airline will automatically cancel the reservations and may apply penalty charges.
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 such brochures and/or
the Internet have been compiled and are managed and up-dated by the Principal over
which the Travel Agent has no control. Accordingly the Travel Agent 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 Principal.
PAYMENT AND PAYMENT TERMS - The balance of the Price is due on
or before the date specified in the Quotation or the Booking Confirmation Form.
If the final payment is not received on time, the travel documents can be delayed
and may necessitate the use of a courier service, which will be for the Client’s
account or the Travel Agent may cancel the Booking. Late payment may also result
in cancellation of the reservation by the Principal. The Client undertakes to pay
the Travel Agent interest at a rate of 5% above the prime rate charged by the Travel
Agent’s bank on any payment made after the due date. When paying by credit card
you will be required to complete the Travel Agent’s credit card authorization form.
PRICES – Prices are quoted at the ruling daily exchange rate. Until
the Travel Agent has received payment of the Price in full, it reserves the right
to charge any fluctuations to the Client’s 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.
However, airfares are subject to the price and conditions quoted by the airlines
and cannot be guaranteed by the Travel Agent. Should the Client be a group booking
and the group number deviate from the number required for the Booking, the Principal
may reserve the right to re-cost the Price and raise a surcharge. Should any Client
refuse to accept and pay such surcharge, it may result in the Principal cancelling
the Booking and retaining any payment made (The Travel Agent will be entitled to
retain any service fees charged). NOTE: Foreign credit cards, Amex credit cards
and Diners credit cards will not be accepted.
RESPONSIBILITY – The Proposed Travel Arrangements are made on the
express condition that the Travel Agent, its employees and agents, shall not be
responsible for, and shall be exempt from, all liability in respect of loss, damage,
accident, injury, illness, harm, death, delay or inconvenience to any Client (which
shall be deemed to include the heirs, executors, administrators or assigns of the
Client), their luggage, or other property, wherever, whenever and however the same
may occur. The Client indemnifies and holds harmless the Travel Agent, its employees
and agents accordingly. The Travel Agent, its employees and agents shall further
more not be liable for any indirect and/or consequential loss or damages whatsoever.
INSURANCE - It is strongly advised that all Clients take out adequate
insurance cover such as cancellation due to 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 Travel Agent 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 Travel Agent to effect insurance for the Client except
upon detailed instructions given in writing and all insurance effected by the Travel
Agent 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 Travel Agent 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. Please note that various credit card
companies offer limited levels of travel insurance, which the Travel Agent does
not consider sufficient cover. Kindly check with the respective credit card companies
in order to obtain the specific details of the cover.
TRAVEL DOCUMENTS - Documents (vouchers, itineraries etc) are only
prepared and released on receipt of payment of the Price in full.
PASSPORTS, VISAS & HEALTH - It is the entirely the Client’s
duty to ensure that all passports and visas are current, valid, obtained on time
and will be valid for six months after return to 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 the Travel Agent before travelling.
The Travel Agent will endeavour to assist the Client but such assistance will be
at the Travel Agent's discretion and the Client acknowledges that in doing so, the
Travel Agent is not assuming any obligation or liability and the Client indemnifies
the Travel Agent against any consequences of non-compliance. It is the Client’s
duty to familiarise him/herself with the inherent dangers of and mental and/or physical
condition required for the Proposed Travel Arrangements. It is the client’s responsibility
to ensure the validity of passports and visas. The client must ensure that the details
supplied to the Travel Agent mirror those details shown on their passport for international
travel and ID documents for local travel.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary are areas where there is a high-risk of
malaria and other tropical diseases. We strongly recommend 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.
LATE BOOKING & AMENDMENT FEES - A late booking fee will be
charged in respect of bookings received within 7 (seven) working days prior to the
departure date. This charge is levied to cover communication and other expenses
involved. An amendment fee may be levied for any changes to the confirmed itinerary.
CANCELLATION - In the event of Client cancelling the Booking, the
Travel Agent shall have the right to either claim the Deposit or to retain the Deposit
and claim damages suffered by the Travel Agent. The Principals may reserves the
right to cancel any tour before departure, in which event the entire payment will
be refunded to the Client without any further obligation on the part of the Travel
Agent. 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 Principal’s Conditions or website. Principals may charge cancellation
fees over and above those stated below):
More than six weeks prior to departure
Deposit is forfeited
4 - 6 weeks prior to departure:
50%
of the total Price
2 – 4 weeks prior to departure:
60%
of the total Price
1 – 2 weeks or less:
100% of the total Price
Some airfares once issued are non-refundable
UNSCHEDULED EXTENSIONS - In the unlikely event of there being unscheduled
extensions to the final itinerary caused by flight re-scheduling, flight delays,
bad weather, strikes or any other cause which is beyond the control of the Travel
Agent, its agents or the Principal, it is understood that expenses relating to these
unscheduled extensions (hotel accommodation etc) will be for the Client’s account.
ITINERARY VARIATIONS & TRANSFERS - While every effort is made
to keep to the final itinerary, Principals and/or the Travel Agent reserves the
right to make changes for the Client’s convenience e.g. in some cases, weather conditions
can necessitate an alteration in the itinerary and this does not constitute any
reason for a refund. It is the Client’s duty to check each amendment to the itinerary
and also to sign the final one.
BREAKAWAYS - While it is possible to break away from the itinerary,
it is understood that such breakaways will be for the Client’s account.
LAW & JURISDICTION - South African law and the jurisdiction
of South African courts will govern the relationship between the Client and the
Travel Agent The Travel Agent 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.
CONDUCT - The Client agrees that he/she will at all times comply
with the Travel Agent’s or others’ requirements in regard to his/her conduct and
he/she will not in any way constitute a nuisance to any other passenger on the tour.
SPECIAL REQUESTS - Clients who have special requests must specify
such requests to the Travel Agent in the Enquiry or in response to the Estimate.
Whilst the Travel Agent 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 Travel Agent.
REFUNDS - No refunds will be considered in any circumstances whatsoever
by the Travel Agent. Refunds by the Principals will be subject to their terms and
conditions.
FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Client’s exclusive
duty. This will apply especially when the Client instructs the Travel Agent to make
and pay for travel arrangements on the Internet.
e-TICKETING - The Client must be ready to show their identity document
and possibly their credit card at the check-in counter of the airline concerned.
This will apply to al members of a travelling party and for EACH MINOR.
INTERNET BOOKINGS – If the Client requests the Travel Agent / instructs
the Travel Agent to do bookings via the Internet, the Client irrevocably authorises
the Travel Agent 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.
LIMITATION OF LIABILITY - The Travel Agent, its officers, directors,
servants or agents will under no circumstances be liable for any claim for any loss,
damage or injury suffered by any person whether to their person or property, howsoever
caused whether or not arising from any act, omission, default, or negligence on
the part of the Travel Agent. whatsoever, unless such claim is due to the gross
negligence of the Travel Agent and such claim is lodged in writing with the Travel
Agent within 30 (thirty) days after the end of the Booking. Such liability will
be subject to a limitation of R10 000, 00 per Client per Booking and under no circumstances
will the Travel Agent be liable for any indirect or consequential loss or damage.
LEGAL FEES - The Client will be liable for all legal fees on an
attorney and own client scale in the event that the Travel Agent has to engage a
lawyer to enforce or defend any of its rights or otherwise.
CONFIDENTIALITY – The Travel Agent undertakes to deal with all
Client information of a personal nature on a strictly confidential basis.
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 hours prior to departure.
ENTIRE CONTRACT - The Conditions constitute 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 (whether verbal, written or electronic) regulating the relationship and
the Client acknowledges that he/she has not relied on any matter or thing stated
on behalf of the Travel Agent or otherwise that is not included herein.
© COPYRIGHT
ADV. LOUIS NEL
BENCHMARK
MAY 18 2006
BOOKINGS ONLINE TERMS & CONDITIONS
PLEASE NOTE THAT OVER AND ABOVE THESE ONLINE TERMS
AND CONDITIONS ALL BOOKINGS ARE SUBJECT TO SURE ZORGVLIET TRAVEL’S STANDARD TERMS
AND CONDITIONS OF CONTRACT (‘STC’) WHICH APPEAR BELOW – WHERE THERE IS A CONFLICT
BETWEEN THE TWO, THE STC WLL PREVAIL
SURE ZORGVLIET TRAVELS GENERAL POLICY
Sure Zorgvliet Travel’s website www.zorgvliettravel.co.za is owned and managed by Sure Zorgvliet
Travel Ltd. (‘Sure Zorgvliet Travel’). It is registered 1990/005392/06. All intellectual
property rights including copy right on the design, layout & functionality and
corporate identity vests in Sure Zorgvliet Travel Ltd, may not be infringed, copied,
or used in whole or in part without the prior written permission of Sure Zorgvliet
Travel Pty Ltd. The site may only be used for personal and non-commercial use. Any
other use of this site needs the prior written permission from Sure Zorgvliet Travel.
If this site is misused in anyway you will be liable for any legal action taken.
All details that you give to us must be your own personal information. Action will
be taken against individuals supplying Sure Zorgvliet Travel with fraudulent information,
false enquiries, bookings, reservations or information requests etc. whilst using
www.zorgvliettravel.co.za The site caters for South African residents only.
WEBSITE INFORMATION:
The information displayed on www.zorgvliettravel.co.za is
supplied to us by third party providers. Sure Zorgvliet Travel acts as a booking
agent on behalf of our suppliers. The information supplied to us by third parties
can change without notification. Sure Zorgvliet Travel will do its utmost to ensure
that the information displayed is current and up to date. However such information
is displayed in good faith and Sure Zorgvliet Travel does not accept responsibility
for any third party information that is incorrectly represented on its website.
Hotel gradings are supplied to The Travel Agent on behalf of the hotel suppliers,
The Travel agent does not take any responsibility for the grading of hotels. The
pictures used on the website www.zorgvliettravel.co.za are for the purpose of hotel representation
and The Travel agent does not guarantee the room pictures used on the site will
be the actual room booked. The Travel Agent provides Clients with travel and/or
other services either itself or acting as agents for principals engaged in or associated
with the travel industry, such as airlines (‘collectively referred to as ‘the Principal’).
You will be notified of any additional costs at the time of you making the booking
with Sure Zorgvliet Travel and when Sure Zorgvliet Travel gives you confirmation.
The Travel Agent represents the Principal as agents only and accordingly accepts
no liability for any loss, damage, injury or death which any Client may suffer as
a result of any act or omission on the part of or the failure of the Principal to
fulfill its obligations, whether in relation to travel arrangements, accommodation
or otherwise. The contract in use by the Principal (which is often constituted by
the ticket issued by the Principal), shall constitute the sole contract between
the Principal and the Client and any right of recourse the Client may have, will
be solely against the Principal. The Travel Agent will provide the identity, terms
and conditions of all the Principals relevant to the service being provided for
the Client’s booking. It’s the Client’s responsibility to familiarise itself with
such terms and conditions (‘the Principal’s Conditions’).
PACKAGES & AIRFARES
Package offers are subject to availability, date restrictions & currency
fluctuations where applicable. They exclude visa costs, cruises excludes port taxes
& airport & security taxes where applicable. Terms and Conditions apply.
Prices were correct at time of going live. E & OE. Packages are advertised per
person sharing a twin room unless otherwise indicated. Airfares: Airfares advertised
are based on economy class, low season unless otherwise specified. Sure Zorgvliet
Travel includes all airport taxes, airline fuel & security surcharges. Availability
of seats at advertised fares & date restrictions are determined by airlines
not Sure Travel. Small price variations may occur due to exchange rate fluctuations
affecting taxes and surcharges. You will be notified of any additional costs at
the time of you making the booking with Sure Zorgvliet Travel and when Sure Zorgvliet
Travel gives you confirmation. Flight Schedules & Confirmations Airlines flight
schedules are subject to Air Traffic Control restrictions and are subject to weather
conditions, the need for constant maintenance, and the ability of passengers to
check-in on time. There is no guarantee that flights, ferries, ships, trains or
coaches will depart at the times stated on any itinerary or tickets which you receive.
All timings are estimates only, and we do not accept any liability for any delay,
however arising, or for any schedule alterations.
CLIENT RESPONSIBILITIES
It is the client’s responsibility to ensure that you reconfirm the departure
date and times of all your flights at least 72 hours prior to your departure. Sure
Travel will not accept any responsibility for any delays and /or loss as a result
of your failure to reconfirm any flight and/or connecting flight. It is your responsibility
to obtain all passport, visa and health information relevant to your travels. The
Sure Zorgvliet Travel site will be able to give you information & contact details
on the above; the responsibility of obtaining visas, passports etc. remains with
you, the client.
TRAVEL INSURANCE
Sure Zorgvliet Travel strongly recommends that you take out adequate travel
insurance. This must be taken out at the time of making a travel request. All premiums
must be paid at the time of booking. View our travel insurance options on our website.
Sure Zorgvliet Travel will not be liable if anyone should not fail to take adequate
insurance cover. We will require that all people booking with us take out travel
insurance should you not wish to take out travel insurance then we will require
you to complete a form of non-acceptance. The Free travel insurance from paying
with your Credit card is not sufficient and there are high excesses to be paid.
We strongly recommend that if you are travelling on the insurance granted from paying
on your credit card that you take out a credit card top up policy.
BOOKING TERMS AND CONDITIONS
Sure Zorgvliet Travels online holiday package bookings will be handled Monday –
Friday. Sure Travel will endeavor to confirm holiday packages within 48 hours unless
the booking is sent over the weekend or within public holidays. Upon completing
your booking form, Sure Zorgvliet Travel will send you confirmation of all details
& final prices and a request for full payment which must be received within
72 hours. Failure to pay within 72 hours will result in automatic cancellation of
your booking. The price is only guaranteed when the full price has been paid within
72 hours of Sure Zorgvliet Travel having given you a written confirmation. The final
payments are non-refundable. If some bookings require full payment prior to confirmation
and if Sure Zorgvliet Travel is unable to confirm the booking then you will be liable
in full. The names on the booking form must mirror that on your passport / ID documents.
Please note: Foreign credit cards, Amex credit cards and Diners credit cards will
not be accepted.
PRICE CHANGES
Costs associated with travel arrangements can fluctuate sharply. When you book a
holiday package through us, we reserve the right to pass on any surcharges to you
to cover courier costs, increase in fuel surcharges & security charges / taxes
or fees chargeable for services such as landing taxes or embarkation or disembarkation
fees at ports and airports, or exchange rates that are applicable to your particular
holiday package.
METHODS OF PAYMENT
Credit Cards:
We will require you to indicate, on the booking form, when selecting to
pay by credit card that you accept that the information, which you have provided,
is correct. This indication will serve as a signature. Please ensure that the names
used on the booking form mirrors that in your passport / ID document. In accordance
with International Airline Travel Association (IATA) bulletin # A1/00 we need a
signed and validated Standard Credit Card Charge Form. A signed and validated Standard
Credit Card Charge Form (SCCCF) or payment through our Virtual Card Services system,
are the only recognised forms of payment for credit cards. Please note: Foreign
credit cards, Amex credit cards and Diners credit cards will not be accepted.
EFT Transfers:
Sure Zorgvliet Travel accept EFT transfers the EFT transmission report
emailed to Sure Zorgvliet Travel on Lilanie@zorgvliettravel.co.za
and that the payment has been confirmed as received by Sure Zorgvliet Travel.
|
|
|
|
|
|
|