All The Legal Stuff
- The Constitution of South Africa (Act 108 of 1996) affords all its citizens the right to privacy in terms of section 14 (d).
- However your use of the grandeur-travel.co.za (hereinafter referred to as ‘Our Website’) is for personal use as well as transacting business with Grandeur Travel (pty) LTD (Reg no:2018 / 601591 / 07) (hereinafter referred to as ‘us’ or ‘we’ or ‘our’) and accordingly the right of privacy afforded as aforesaid and pertaining to such communications and data as well as any personal information conveyed during the course of such usage and transactions is limited and is subject to inter alia the Electronic Communications and Transactions Act, Act 25 of 2002 (‘ECTA’), the Promotion of Access to Information Act, Act number 2 of 2000 (‘PAIA’), the Consumer Protection Act, Act 68 of 2008 (‘CPA’) and the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community (‘the EC’), the General Data Protection Regulations of 2018 (‘the GDPR’)(the ECTA, POPIA and GDPR will collective be referred to herein as ‘the Privacy Legislation’) .
- You are, by using Our Website (which includes e.g. when you create a profile, download and/or use our app.), deemed, in terms of the Privacy Legislation, to grant us ‘express voluntary specific and informed’ consent and permission to ‘process’ and ‘further process’ (as defined in the Privacy Legislation) your personal information (‘your Information’) and where applicable the special personal information (as defined in the Privacy Legislation) for the purposes of any personal use or business you may now or in future transact with us and to disclose your Information to any of the party we engage to provide of products and services to you (‘the Third Parties’).
- Your Information includes mainly perfunctory details such as your name, surname, address, identity and passport numbers, other contact detail and also more subjective issues such as personal opinions, preferences and whereas the Special Personal Information more sensitive details such as religious beliefs, race, political persuasion, sex life, health and biometric information. Most of this information is crucial for us to provide you effectively with the services and/or products you have requested and if you were to refuse consent, which you are entitled to do, we will not be able to assist you (See ‘Rights’ below).
- Note that the purpose of the Privacy Legislation is not only to protect your privacy but also to place you in control of your Information, even if you have given your consent.
- You must bear in mind that the Privacy Legislation is even more demanding when it comes to the processing of special personal information and that of children, so we believe that any reservations you may have in that regard have been more than adequately addressed.
- If you are disclosing personal information about other persons (natural or juristic – the latter is not covered by GDPR) you will be deemed to have their permission and to have been duly authorized to do so and indemnify us against any actions by such third parties (Their and your personal information will be collectively referred to herein as ‘the Information’ and ‘you’ and ‘your’ will be deemed to include/refer to such other persons) .
- We will ensure the processing of all the personal information disclosed to us (‘the Information’) complies with the Privacy Legislation and that it is adequate, relevant and not excessive.
- Over and above the Privacy Legislation you have the protection of the PAIA – we will use its best endeavours to ensure in processing the Information, we comply with the PAIA and that such disclosure is not, to the best of its knowledge, unreasonable (section 34); will not to the best of its knowledge, cause harm to the user’s commercial or financial interests (section 36); constitute an action for breach of a duty of confidence owed to the user (section 37), or could reasonably be expected to endanger the life or physical safety of the user (section 38).
- The Regulation of Interception of Communications and Provision of Communications-related Information Act (70/2002) (‘RICA’) affords us certain rights to monitor inter alia electronic communications via our network. By using Our network You consent to such interception within the ambit of RICA.
- The primary reason we collect the Information is so that we can provide you with the requested services and/or products.
- The secondary reason includes so that we can (1) improve our service to you; (2) customize our service where requested, required or where it is appropriate to do so; (3) advise you of any changes (e.g. in your itinerary) or specials from time to time; (4) Analytics (Profiling): we do this ourselves or by utelizing the services of third parties. This entails using the all information we gather to ascertain trading patterns. An example we may determine which websites you have come from/are going to; the browser you may be using; the identity of your device and your IP address. However identifying elements will be removed (or as provided for in the POPIA, ‘de-identified’) and encryption will be implemented to protect your personal information (See also ‘Cookies’ below).
- At certain premises we may have installed close circuit television which record and by which we monitor the image of parties entering the premises. By using such venues to grant us your consent to record your image.
- When we engage Third Parties in the service delivery process, we have to share the Information with them but it will only be to such Third Parties as have been disclosed to you.
- We mentioned above that you are at all times in control of the Information. This control you can exercise by virtue of the rights afforded you in the Privacy Legislation – these RIGHTS are:
- Subject to certain exceptions (see ‘Exceptions’ below) we always have to obtain your Information from you personally
- We are not allowed to process your/the Information unless we have your ‘informed, specific and voluntary consent’
- We are obliged to advise you of the purpose for which we will be processing and with whom we will be sharing the Information – this document endeavours to fulfill this obligation.
- We are obliged to advise you of the identity(ies) and contact details of the party(ies) who will be processing the Information – we will provide you with such details: ours by referring you to ‘Contact Us’ and that of Third Parties in the documentation pertaining to the services and products to be provided in due course.
- You can call upon us at any time to do one or more of the following regarding your Information: amend; update; delete. We are obliged in the case of the latter to provide you with proof.
- Direct marketing (See below): we are obliged to obtain your consent and to advise you each time of your right to ‘opt out’/’unsubscribe’
- You are entitled to enquire at any time about the steps we’ve taken to ensure that our safeguards pertaining to the protection of the Information meet the requirements of the Privacy Legislation.
- You may require of us to restrict the processing of your Information
- You can lodge complaints: (1) via the relevant section of our website; (2) with our Information Officer (see our website) and/or (3) with the POPIA Information Regulator
- You are entitled and we are obliged to inform you when our security has been breached (POPIA: ‘as soon as reasonably possible’ and GDPR: within 72 hours)
- EXCEPTIONSe. when the Privacy Legislation is not applicable and we do not require your consent:
- If you (the ‘data subject’) have made your Information public
If the Information is a matter of public record, i.e. it is ‘in the public domain and under the control of a public body’
- If we are complying with an obligation imposed by law
- If involves compliance with court proceedings
- If it involves national security
- If it is being used for historic, statistical or research purposes provided it is in the public interest or obtaining your consent is difficult
- If use in any form of journalism, provided such activity is governed by a code of conduct that has adequate safeguards – a balance must be struck between your right to privacy and the freedom of expression
- If the Information has been ‘de-identified’e. so that the identities of the parties cannot be determined (also sometimes referred to as ‘pseudonynimisation’)
- If we are doing so in pursuit of a legitimate interest of ours or the Third Party to whom it is being disclosed
- Your Information will not be stored longer than is reasonably required for us to complete the purposes for which has been processed
- However we may retain your Information for longer periods if required for e.g. taxation purposes
- DIRECT MARKETING (‘DM‘)
- DM is defined as ‘approach(ing) a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person’
- ‘Electronic communication’ is defined as ‘ communication by means of electronic transmission, including by telephone, fax, sms, wireless computer access, email or any similar technology or device’
- DM may only be addressed to you if you are our customer, we’ve obtained your consent and it was obtained in the process of a sale of goods and/or services and at the time of the sale*
- The DM must pertain to goods and/or services that originate from us and are similar to those in the previous sale*
- Each DM must provide you with the opportunity to opt out/unsubscribe and doing so must be at our expense.
- The purpose is not only to keep you informed but to link it to preferences
- Note that DM does not mean or relate to your existing booking
- Cookies are used to achieve two goals. The first is to provide us with the capability to personalize information for certain segments of our customer base. Secondly, in some instances, cookies are used to allow us the opportunity to associate individual customers with their information profiles.
- A cookie is a series of data characters that, when programmed into a Web site, is placed by the Web Server into the browser’s application folder on your computer. Once placed onto your machine, the cookie will allow the Web site to “recognize” you as a unique individual.
- Yes, cookies can be removed from your hard drive. Also, depending on what type of web browser and what browser version you are using, you may be able to change the properties on your cookie file so that cookies are not used or saved. Please check with your browser provider for more information on removing cookies.
- You can also prevent your browser from accepting new cookies.
- We have carried out a data protection impact assessment which entailed a ‘systematic and extensive evaluation of our processes and current safeguards’
- This assessment addressed amongst others how and when we process the Information and when such processing may present (internal and external) security risks including the origin, nature, likelihood (foreseeability) and severity (extent) of such risk.
- Based on the report by the experts who carried out this assessment, we have implemented ‘appropriate, reasonable and organizational measures‘ to (1) ‘ensure the integrity and confidentiality’ of the Information; (2) ‘prevent the loss of, damage to or unauthorized destruction or access to or processing’ of the Information; (3) anticipate and identify the aforesaid risks; (4) maintain, monitor and update these safeguards on an ongoing basis
- These measures will meet the most stringent of ‘generally accepted information security practices’ and/or ‘specific industry or professional rules and regulations’
- These measures include amongst others encryption; controlling privileges of users; destroying the Information when no longer required; regular audits; back-ups; emergency incident strategies.
STANDARD TERMS AND CONDITIONS OF CONTRACT GRANDEUR TRAVEL (PTY) LTD
APPLICATION – All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of Grandeur Travel (Pty) Ltd are subject to these terms and conditions (‘the Conditions’) and the terms and conditions of various third party service providers (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company request on your behalf to render services or provide products to you (see re such suppliers below: ‘Third Party Service Providers’).
THE CLIENT AND AUTHORITY- The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered, 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 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 Company provides Clients with travel and/or other services either itself or acting as agents for suppliers engaged in or associated with the travel and tourism industry, such as airlines vehicle rental and excursions (‘collectively referred to as ‘the Principal’). The Company represents the Principals as agents only and accordingly accepts no liability for any loss, damage, illness, harm, 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 Principals to fulfill 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. The contract in use by the Principals (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 such Principal. The Company will provide the identity and terms and conditions of (or access thereto) 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’). With regards to hotel bookings please be aware that hotels and other accommodation properties (Collectively referred to as ‘hotels’) 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 accept 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 – These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you don’t 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 recommend you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Note that the Car Hire T&C shall 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 – These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and the Client MUST enquire about 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 ‘skip’ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee Note that the Air T&C shall 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 Client’s rights of recourse as a consequence of over-booking are prescribed by 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. Consult the Company about refunds for unused tickets as strict deadlines apply.
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 Company will prepare and provide the Client with a pro forma invoice(by hand, telefax or e-mail) (‘the Pro forma Invoice). Upon the Client’s confirmation in writing or via telephone that the facts and information contained in the Pro forma Invoice is correct and upon acceptance of these Conditions by the Client initialling or ticking the relevant tick boxes, the Company will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’). A non-refundable deposit (‘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 Company will not confirm any reservation if the deposit is not paid and the Quote is not accepted. The Company reserves the right to cancel any reservation that may have been made if the deposit is 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/Welcome Pack’), 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. In the case of group bookings, full payment is required by each respective individual/company in order to confirm/secure any airline seats/accommodation/car hire or any other group arrangements on offer/discussed. If full payment is not received by the applicable date, we will automatically cancel any airline seats/accommodation/car hire or any other group arrangements on offer/discussed/confirmed and the Client will have no right of recourse against Grandeur Travel or any of the Principals.
PAYMENT AND PAYMENT TERMS – The balance of the Tour Price is due not later than 17 weeks prior to departure [OR 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 Company may cancel the Booking. The Client undertakes to pay the Company interest at a rate of 5% above the prime rate charged by the Company’s bank on any payment made after the due date. Late payment may also result in cancellation of the reservation by the Principal. Credit card payments are subject to due completion of and upon the terms and conditions specified in the Company’s credit card authorization form.
PRICE – Note that the Company reserves the right to amend the Package Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is returned to the Company. Furthermore, prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Package 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 Package Price prior to making full and final payment. However, once payment of the Tour Price in full is received, the Tour 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 Package Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the Package and retain any payment made. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey). Please note that the Package Price excludes inter alia airport departure tax and any expenses of a personal nature and gratuities.
NOTE (Optional): Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted.
Please note that in some cases Principals 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 – All tours are booked and arrangements are made on the express condition that The Company, its directors, members, partners, employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm, illness, harm, 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 the Company 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 Booking. The Client indemnifies and holds harmless the Company, its directors, members, partners, its employees and agents accordingly. The Company, its directors, members, partners, its employees and agents shall further more not be liable for any consequential or indirect loss or damages whatsoever, unless section 61 of the CPA applies.
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 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 a 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 the insurer PRIOR to your departure.
Please note that various credit card companies offer limited levels of travel insurance, which the Company does not consider 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 – Documents (vouchers, itineraries etc) are only prepared and released on receipt of final payment of Package Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the detail therein are correct.
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. Grandeur Travel will endeavour to assist the Client but such assistance will be at Grandeur Travel’s discretion and the Client acknowledges that in doing so, Grandeur Travel is not assuming any obligation or liability and the Client indemnifies the company against any consequences of noncompliance. 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. 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 blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – 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 person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. 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 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 client’s 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.
ABRIDGED BIRTH CERTIFICATES FOR CHILDREN – PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS – BROADLY SPEAKING THE FOLLOWING IS REQUIRED WHEN A MINOR TRAVELS WITH HIS/HER PARENTS/GUARDIAN:
The minor must have an unabridged birth certificates
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.
Non South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure
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.
PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries – where the countries you are travelling to issue such a cautionary & it comes to our attention we will convey it and/or the 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 payment fee of R 500.00 per booking will be charged in respect of later than balance due date payments. This charge is levied to cover communication expenses plus late payment penalties by the suppliers. An amendment fee of R250.00 per booking, plus the cost charged by the suppliers will be levied for any changes to the confirmed itinerary.
CANCELLATION – In the event of Client cancelling their booking (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. 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):
Days before departure
% of total loss *
105 days or more
Loss of Deposit
14 days or less
UNSCHEDULED EXTENSIONS – In the unlikely event of there being unscheduled alterations to the itinerary caused by 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 Client’s account.
ITINERARY VARIATIONS & TRANSFERS – While every effort is made to keep to all published itineraries, Principals and/or the Company reserve the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the tour itinerary and this does not constitute any reason for refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one. If such changes results in additional charges, it will be for the Client’s account.
BREAKAWAYS – While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.
COACH & AIR CHARTER – Please note that the flying services and coach transfers are sub-contracted to independent companies. They are 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 Client’s 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 Principals 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 Principal.
LAW, JURISDICTION & DOMICILIUM – 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 excutandi as reflecting in the Booking Form.
CONDUCT – The Client agrees that he/she will at all times comply with the Company’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any 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 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 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 – it is the Client’s duty when booking to check with its foreign exchange provider). Individual’s Single Discretionary Allowance. It is imperative that the Clients are able to show any customs official 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 at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.
FORCE MAJEURE – The Company shall have the right to cancel any contract should its fulfillment be rendered impossible, impeded or other duly constituted authorities or any other cause beyond the control of the Company – Force Majeure includes renovations that may be carried out at your resort – whilst the company will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against the Company.
The Company will use it best endeavours to recover from third parties such monies as may have been paid to them on behalf of the Client. All monies so recovered by the Company will be reimbursed to the Client less a 5% (Five percent) of the Price as an administration charge;
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.
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.
DRIVER’S LICENCE: Even if you have obtained an international driver’s licence, please take your national driver’s licence with you 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
COPYRIGHT The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company 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 and quotes provided by the Company with any of the Suppliers or any other service providers or venues for a period of 1 (One) year from the date of submission of any proposals, presentations, estimates and quotes provided by the Company.
DISPUTE – RESOLUTION Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, 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 mater amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – 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 (‘AFSA’), 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 arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in 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