Sandown Travel (Pty.) Limited (‘the Company’) Terms and Conditions of Trade (‘the Company T&C’) and Consumer Protection Act (‘CPA’) Compliance Document.
1. Application of Terms and Conditions
All enquiries and business conducted between you and the Company will be subject to the Company T&C 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 (‘the Suppliers’)(‘the Suppliers’ T&C’).
2. Third Party Service Providers
The Company provides Clients with travel and/or other services itself or acting as agents for the Suppliers. The Company represents the Suppliers as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Supplier to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Supplier (which is often constituted by the ticket issued by the Supplier), shall constitute the sole contract between the Supplier and the Client and any right of recourse the Client may have, will be solely against the Supplier. The Company is able to provide the identity and the Suppliers’ T&C (or access thereto) of all the Suppliers relevant to the service being provided for the Client’s booking. It is the Client’s responsibility to familiarize himself/herself the Suppliers’ T & C.
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.
Similarly the Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers traveled etc.
The Client must ensure that he/she reads the car rental T&C carefully.
3. Deposits / Full Payment
Payments of deposits and balance of payments will be subject to the dead-lines / conditions stipulated by the Company and by the Suppliers. Certain of the Suppliers will require that their booking forms be signed acknowledging that the Supplier T&C have been read and understood by the client (i.e. each individual traveler or by the head of the family of guardian, or by the empowered and authorized representative of the corporate entity etc.). Suppliers’ T&C will be available on their web-site of which you will be advised or a copy will be provided. Please note that both the Company and, in some cases the Suppliers require deposits which will be specified at the time of making the booking. These deposits may be non-refundable and a service fee will apply.
4. Air Tickets / E-Tickets (collectively referred to as ‘tickets’)
Both the Company and Suppliers are required to issue tickets within a specified time stipulated by the airline/s so as to avoid outright cancellation of the flight bookings by the airlines. At the time of making the flight bookings, the Company’s consultant will advise the clients of the dead-line stipulated by the airline to issue the tickets so as to avoid cancellation of the bookings. The onus is up to the client/s to make payment timeously so that the tickets can be issued by the stipulated date.
- At time of confirming the flight bookings, the Travel Consultant will also advise the client/s of the rules pertaining to the air fare including cancellation fees, amendment fees etc.
- All tickets / air fares are subject to the airline’s terms and conditions.
- Some air fares carry 100% cancellation fees.
- Seat and meal requests cannot be guaranteed.
- Airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Company and this applies especially regarding airport taxes for the entire journey.
- A professional service fee will be charged by the Company for all air tickets issued, reissued and revalidated.
- The client must be ready to show his/her identity document on check-in (note: some airlines will not accept driver’s licenses as forms of identification). This will apply for all members of the travelling party including minor children.
- All tickets must be used in the exact sequence in which the flight coupons have been issued as otherwise the tickets for the entire journey become null and void as tickets may not be used out of the original sequence. This also applies to the non-use of any one coupon.
- Some airlines may require you to provide the credit card with which payment was effected.
5. Professional Fees
The Company charges professional fees for all services booked, arranged, processed for their clients. A list is available on request.
Accepted forms of payment by the Company are:
Cash & Electronic Fund transfers: Funds will only be accepted as received once they reflect in the Company’s bank account. Depending on the bank it can take from 24 to 72 hours for the funds to reflect in the Company’s bank account. This must be borne in mind when transferring funds as without the payment reflecting in the Company’s bank account, the Company will not be in a position to disburse any funds, issue any air tickets or travel documents thus resulting in missed dead-lines which could in turn result in cancelled travel arrangements, or increased rates if foreign exchange deals are involved.
Credit cards: The Company require a signed credit card charge form with card imprint as well as a copy of the front and back of the card, and a copy of the client’s identity document or passport. Payments by credit cards are only accepted by the Company if the credit cards are accepted by the Supplier for the service being booked.
7. Cancellation fees
These are subject to the Suppliers’ T&C, and/or the airline and the Company T&C ** (see below) and will be advised to the client by the Company consultant at the time of confirming the travel arrangements.
Cancellation fees on air tickets – refer to the Company’s menu of professional fees;
Cancellation fees on other services – a minimum of 10% of the value of booked services
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 etc. (Note: this is not an exhaustive list).
- i. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all and the Client indemnifies the Company against any consequences of non-compliance.
- It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing.
- All insurance effected 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, and which may not be adequate for certain visa applications. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
9. Passports, Visas & Health
It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and that passports will be valid for at least six months (may vary from country to country) 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 with the Company before travelling.
- The Company will endeavour to assist the Client but such assistance will be at the Company’s 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 non-compliance by the Client.
- It is the Client’s duty to familiarize 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 the Republic of South Africa to another country are required to have a minimum of three blank pages (varies from nationality to nationality) 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 to be 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 the exact details shown on their passport for international travel and identity document for local travel.
9.a Malaria and other Tropical Diseases: Warning:
Certain parts covered by your itinerary may be areas where there is a high-risk of malaria, tropical and other 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 immediately upon your return.
10. Cancelled flights due to Client “no-show”, airline cancellation of flights etc.
Cancelled flights due to Client “no-show”, airline cancellation of flights:
- In the event of Client no-show for a flight (i.e. where a Client has been booked but does not arrive at the check-in counter), please be advised that all the subsequent flights that have been booked as part of your journey will automatically be cancelled by the airline/s computer system and the Company will not be advised by the airline/s. Therefore in the case of no-show, or missed flight/s due to late check-in requiring the airline to book the Client on a later flight, the onus is on the Client to ensure that none of the onward flights/connections have been cancelled by the airlines, and if they have been, then he/she should liaise directly with the airline concerned to have the flights rebooked/reinstated.
- The same may apply in the case of a flight that is cancelled and/or delayed by an airline. In this latter case, the risk is also run that all onward flights/connections may automatically be cancelled by the airline computer system. In this case the onus is on the Client to check with the airline and to ensure that, if required, the bookings are reinstated/rebooked by the airline directly. It is therefore of vital importance that flights be reconfirmed. Please refer to the following paragraph
PLEASE NOTE THAT THE COMPANY CANNOT & DOES NOT ACCEPT ANY LIABILITY PERTAINING TO ANY OF THE ABOVE
Whilst many airlines state that it is no longer mandatory to reconfirm flights, the Company does however remind clients that it is advisable to reconfirm their onward / return flight reservations on arrival at each destination or at least 72 hours prior to departure. Failure to do so may result in the automatic cancellation of the flight bookings by the airline. It is advisable also to check departure / arrival times and terminals of departure as these are subject to change. This applies to domestic connecting flights as well.
12. 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 client 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 the Company T&C 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 ‘Special Requests’);
- 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:
- monitor and re-confirm flight times and to arrive at the airport timeously;
- advise the airline if they are delayed or will not be flying (if the Company has been tasked with the return on-line check-in, they must also be advised and the failure to do so will release the Company from any liability whatsoever)
- ensure that any check-in and carry-on/hand luggage comply with the terms and conditions of the airline concerned
- The Client further accepts that the Company will raise a professional fee for undertaking to carry out this service on behalf of the Client. Please refer to our list of professional fees which are available on request. The fee is payable prior to departure of first flight and is non refundable.
13. Air Fares / Tour Prices / Cruise Prices / Hotel Prices etc
All fares quoted are current and are based on prevailing prices at the time of preparing the quotation. All fares / prices are subject to change due to air fare increases, changes in the rate of exchange, fuel surcharges etc. which is determined by the Suppliers and the Company uses its best endeavours to convey same to the Client upon advice by the Supplier. The final fares / prices can only be guaranteed when firm bookings have been made and payment has been effected. Please note that in some cases Suppliers may nevertheless have a clause requiring clients to pay an additional amount in the event of fuel surcharges of fuel prices even though full payment has been effected. Whilst some low air fares may be advertised, please note that these may not be available for sale as the airline will have the final say as to how many seats may be sold at the lower fares per flight. Please note that such low air fares are usually linked to very restrictive conditions.
All amendments made after travel documents have been issued, either before or after departure from South Africa will be subject to amendment fees (to be advised at the time of making the change) as levied by the Suppliers and by the Company.
15. Airline overbookings
The Company is not responsible for overbooking by airlines resulting in the Client/s being denied boarding. In the case of denied boarding it is the airline’s responsibility to re-route / re-book the Client/s on alternative flights, and if required to provide the Client/s with compensation. The new flight arrangements should be made by the Client/s directly with the airline at the time of check-in.
16. 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 airline’s responsibility to deal with it in terms of applicable consumer laws, and its terms and conditions, and it will be the airline’s responsibility to re-route/re-book the Client/s on alternative flights (if possible), and/or to provide the Client/s with compensation, and/or accommodation etc., if these fall within the Client/s’ rights as per the airlines’ terms and conditions, and/or cost of air ticket/s purchased by the Client/s. The new flight arrangements should be made by the Client/s directly with the airline/s, and any claims arising from inconvenience caused by the airline/s to the Client/s due to the delay of and/or cancelled flight/s etc. should be made by the Client/s directly with the airline/s. If the Client/s require/s the Company to act on his/her behalf in is/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 Client/s at the time of initiating representation.
17. Missed flights
The company is not responsible if a Client misses a flight/s and/or connection/s due to inter alia tardy check-in, non-timeous boarding of flight by the Client, misinterpretations of flight announcement by the Client or lack of announcement by the airline etc. in South Africa or elsewhere. It is the full responsibility of the Client 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 boarding gate, the Company will endeavour to assist the Client with further flight arrangements, however a charge will be raised for this assistance, and this will be advised to the Client at the time and will be dependant on the amount of time it will take the travel consultant to render the assistance. After hours fees will apply. The charges will apply whether the consultant is successful in assisting the Client or not with a suitable alternative to the missed flight/connection. Please NOTE that in most airport lounges no boarding announcements are made and the latter may be limited to an electronic display
18. Tours /Cruise Delays / Trains Delays / Cancelled Tours / Cruises / Cancelled Trains
The Company is not responsible for delays in or cancelled tours, cruises and/or train departures in South Africa or elsewhere. If these should occur, it will be the responsibility of the Supplier to re-route and/or rebook the Client and where necessary and if covered by the Supplier T&C to compensate the Client. If the Client 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 Client at the time of initiating representation.
19. Passenger (Client) No-Show
Please be advised that in case of “no-show” i.e. failure to travel without cancelling your flight booking well in advance of time/date of travel, there may be no refund due on your air ticket, nor may any changes be allowed (rebooking of flights) for future travel on the same ticket. Each case will depend on the rules and regulations of the airline in question.
20. 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 airline’s 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 Client’s 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 Company’s consultant based on the information currently available e.g. recline of seat, leg-room space etc.
21. Lost / mislaid baggage
Clients should ensure that all baggage is securely locked or wrapped, labeled with name, address and contact details and that no valuables are 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 Client 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 Client 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.
22. 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 client, 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 Client to check that the first names and surnames appearing on the Company’s 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 Company’s administration fee/s.
23. 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 client. The membership number / card should be displayed and checked by the Client 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 client. 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.
24. Loyalty Memberships
It is the responsibility of the Client to check on the expiry of his/her miles and/or hotel award program, etc. It is also the responsibility of the Client to check and remain updated on any changes on and the latest status of the rules of any loyalty programs. All documents that display proof credit/accumulation of the award program benefits etc e.g. hotel invoices, car rental invoices etc. must be retained as proof as these are the forms of documents that are acceptable to update or credit missing benefits/miles etc.
25. Special Requests
Clients who have special requests must specify such requests to the Company when making the travel enquiry e.g. client assistance units, special meals requests, seat requests etc. Whilst the Company will use its best endeavours to accommodate such requests, there is no guarantee that they will be successful as the final confirmation of the special requests will depend on the policies of the Suppliers.
An administration fee will be charged by The Company when applying for any refunds that may be due to the Client by the Supplier. The non refundable administration fee amount will be advised to the Client by the Company’s Travel consultant at the time of application for refund. The Company does not guarantee under any circumstances that any request for a refund will be successful.
Please note: Each Airline and other Suppliers apply different validity periods to air tickets, tour vouchers, travel documents etc.
Refunds of these air tickets and travel documents etc. may only be processed within their validity period.
Please further note that the professional fee originally charged for the service e.g. issuance of air ticket, booking of tour, booking of hotel accommodation etc. is NON REFUNDABLE even if the service document is submitted to the Company for refund.
27. 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 Client.
28. 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 client to obtain any refund on unused ticket/s which may be due to the client, 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.
29. Unused tickets/flight coupons
It is the responsibility of the client/s to apply to the Company for refund of their unused tickets, or partially used tickets prior to their expiry which is as follows:
- 364 days from the date of their issuance for international tickets i.e. tickets that are issued to or from destinations which are over the South African borders e.g.
Johannesburg / Maseru
Johannesburg / London
London / New York
New York / Johannesburg etc.
- 178 days from the date of their issuance for internal South African domestic tickets e.g.
Johannesburg / Cape Town
As there are exceptions to the above, it is the client’s duty to obtain details 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 – 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 Company’s 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.
The advice provided to the Client will be to the best of the Company’s and the Consultant’s abilities and knowledge and will be based on current information available, which may change without notice to the Company, and on that provided by the client. The Company cannot be held liable for personal and specific requests made by the Client.
The Client agrees that he/she will at all times comply with the requirements and instructions of the Company or person in charge in regard to his/her conduct and that he/she will not in any way constitute a hindrance to any other client or person on the tour, mode of conveyance, at any place of accommodation, entertainment of 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.
32. Responsibility. Limitation of Liability and Indemnity
The proposed travel arrangements are made on the express condition that the Company, its employees and agents, shall not be responsible for, and shall be exempt from all liability in respect of loss (financial or otherwise), damage, accident, death, injury, illness, harm, trauma, delay, cancellation or inconvenience to or additional expense incurred by any Client (which shall be deemed to include heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), or loss of or damage to or of their luggage, or other property, howsoever, caused whether or not arising from any act, omission, default, on the part of the Company whatsoever, unless such claim is due to the negligence of the Company and such claim is lodged in writing with the Company within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R20 000.00 (twenty thousand Rand) per client per booking. The Client indemnifies and holds harmless the Company, its employees and agents accordingly. The Company, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever and howsoever arising and whether or not due to the negligence of the Company.
33. Force Majeure
The Company shall have the right to cancel any contract should its fulfillment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory 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 hotel or other place of accommodation.
The Company will have no obligation towards the Client and any claims for restitution will be subject to the Company’s prevailing policy and that of its Suppliers.
Similarly, should The Client cancel his/her contract with The Company due to strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of both The Client, The Supplier and The Company, the latter will assist in recovering any monies that may have been paid over to Supplier on behalf of the Client, however no guarantees are made by the Company that claims by the Client for restitution of any such monies will be successful, and the terms and conditions of the Suppliers and the Company may prevail.
34. Foreign Exchange Regulation Compliance & exchange rate fluctuation
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 or through a financial institution or similar. The Company will not be responsible for losses due to fluctuation in rates of exchange. Similarly the Company will not be responsible if there is a delay in receiving foreign funds, and in the interim there has been a change in the rate of exchange causing the Rand value to be less than the amount originally requested.
35. Internet Bookings
If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorizes the Company Agent to do the following on his behalf:
- Make any selections of and for the proposed travel arrangements
- Make payments using the clients credit card
- Accept any applicable terms and conditions
36. Driver’s Licences – overborder and international car rental
Even if the Client has obtained an International Driving Permit, he/she must be sure to travel with his/her national driver’s license.
37. South African car rental
The Client should ensure that he/she carries his/her South African driver’s license (as well as that of any additional driver) as this is required when collecting his/her hired vehicle.
38. Legal fees
The Client will be liable for all legal fees in the event that the Company has to engage a lawyer to enforce any of its rights or otherwise.
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.
40. Unscheduled Extensions
In the unlikely event of there being unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes, force majeure or any other cause which is beyond the control of the Company, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, changes in flight arrangements etc) will be for the Client’s account.
41. Itinerary Variations & Transfers (prior to departure from South Africa)
Whilst every effort is made to keep to the final itinerary, Principals and/or the Company reserve the right to make changes 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. If the client is collecting the documents then we will require his/her signature as proof/acknowledgement of receipt and acceptance of changes/amendments. If the documents/itinerary is being emailed, then the email will be proof enough that the document has been sent and that any changes/amendments have been made and acknowledged.
42. Destination Selection.
The Client acknowledges that he/she has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. He/she also acknowledges that such brochures and/or the Internet have been compiled and are managed and up-dated by the Principal over who 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.
43. 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:
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 – 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 2 (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.
44. Domicilium Et Executandi
The parties elect their respective domicilium et executandi as follows:
Head office and Edenvale branch: 5th Floor Banking Mall, Sandton City, 5th Street, Sandown. Cape Town branch: Unit 108 Century Gate, Century City, Cape Town 8001
45. The client/client:
The address indicated in the standard booking acceptance form of the Company
46. Law and Jurisdiction
South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company. This latter will be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrate’s Court having jurisdiction in terms of Section 28 of the Magistrate’s Court Act no 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.