BOOKING TERMS AND CONDITIONS OF AFRICA TRAVEL GROUP (Pty) Ltd.
(Hereinafter referred to as “ATG”)
Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and ATG. We act as booking agents for the suppliers of the component parts of the holiday we organize, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that supplier’s standard terms and
Bookings, save for late bookings, as referred to hereunder, are confirmed on the condition that a non-refundable deposit, of a minimum of 50% of the total package price, is paid to ATG within 72 hours of confirmation of your bookings. You will be advised at the time of booking what payment is required for your particular arrangements. The balance of the cost of your travel arrangements must be paid no less than four weeks prior to departure. If your booking is made within 4 weeks of departure, the total cost of your travel arrangements must be paid at the time of booking. Please note: FAILURE TO PAY ON TIME WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR BOOKING.
2) Late Booking Fee & Communication Expenses (Telephone Calls)
In the event of a booking (except South Africa bookings) being made less than 7 days prior to the date of departure, ATG reserves the right to charge for any extra communication expenses. Full payment is due immediately on confirmation and is non-refundable on all late bookings. Some bookings require full payment at the time of booking i.e. prior to confirmation. If we are unable to secure confirmation you will be refunded in full.
3) Price Changes
a) The costs associated with travel arrangements are not always stable, and currency movements can fluctuate sharply. It is impossible to predict these movements in advance. When you book a package through us, we reserve the right to pass on any surcharges to you. Surcharges may be imposed to cover increases in transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates applied to the particular package.
b) ATG guarantees the price of land arrangements, only once full payment is received.
c) Airfares are subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by ATG. The onus is on the agent & the passenger to check that there have been no changes in these prices before making final payment thereof.
4) Methods of Payment
a) Credit Cards: In accordance with International Airline Travel Association (IATA) bulletin # A1/00 we need a signed and validated Standard Credit Card Charge Form. The agent acknowledges that s/he has seen the card and that the signature on the card is the same as that on the 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. If the card is a foreign credit card then you may be requested to supply various other details.
b) Cheques: Bank issued cheques or travel agency cheques only (accredited agencies only). Please note we require 7 working days to clear all cheques before documents can be issued.
c) Cash or EFT Transfers: We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves.
We consider adequate travel insurance to be essential. All premiums must be paid at the time of booking, as cover will not be effective until then. Please ask your travel agent for insurance options. ATG will not be liable if anyone should fail to take adequate insurance cover.
6) Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation 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.
7) Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys once leaving any country and ATG hereby specifically excludes any liability for any delay and /or loss as a result of your failure to reconfirm any flight and/or connecting flight.
a) Documents: (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price, and signed conditions of contract (i.e. our booking form) and will be ready 24 hours after payment has been received. Normally your travel agent will arrange for all necessary documents and information to be sent digitally.
b) Should you require your documents and air tickets to be forwarded to either yourself or the departure airport this may be arranged by your agent with us. However, the courier costs in respect thereof will be for your own account.
c) IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING. IF THERE ARE ANY INACCURANCIES ON ANY OF YOUR TRAVEL DOCUMENTS, OR SHOULD YOU HAVE ANY FURTHER QUERIES, YOU SHOULD CONTACT YOUR TRAVEL AGENT IMMEDIATELY. ATG WILL NOT BE LIABLE FOR ANY DELAY AND/OR LOSS OCCASIONED AS A RESULT OF ANY INACCURANCIES ON ANY TRAVEL DOCUMENTS ONCE YOU ARE IN RECEIPT THEREOF AND YOU HAVE LEFT ON YOUR TRAVELS.
9) Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of ATG, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the passenger. ATG accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.
10) Changes by You
a) If you wish to make a change to your booking, we will endeavour to assist you to make the change wherever this is possible. You will have to pay all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements when amending a booking any time prior to departure. Fares will be re-quoted at the time of amendment.
b) An administration fee of R100 per person will be charged for each amendment and / or cancellation.
c) After departure it is understood that extra expenses incurred as a result of any change will be for the passenger’s account, and any unused service will not be refunded.
d) Amendments and cancellations en-route must be made with our operators directly.
11) Cancellation by You
If you wish to cancel your booking you must advise your agent immediately, who will in turn advise us. You will be liable to pay the following cancellation charges:
a) Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances this may be 100% of the total fare, regardless of when cancellation is effected.
b) Where your booking is for a package, you will be responsible for all cancellation charges, of whatsoever nature, imposed by the suppliers providing the component parts of such travel arrangements.
c) ATG charges a cancellation fee equal to 10% of the package price on any finalised booking. However, ATG reserves the right to charge a cancellation fee of up to 100% of the total package, in its sole discretion, in particular circumstances.
Any monies, which you have already paid to us, will be taken by us as payment or part payment of any cancellation charges.
12) Our Right To Change Your Travel Arrangements
a) A significant change to your travel arrangements would include a change in the departure date; where the flight times are changed by more than 12 hours or a change to a lower standard of accommodation to that which is booked. In these instances of significant changes to your travel arrangements ATG undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.
b) All other changes are minor changes. A minor change can be made at any time and, if practicable, we will advise you of any such change prior to departure but we are not obliged to do so. Such minor changes may be made by ATG, in its discretion, who will not be responsible or liable for the payment of compensation to you as a result of such minor changes.
c) Every effort is made by ATG to adhere to confirmed itineraries; however, we reserve the right to make changes to your travel arrangements when it becomes necessary to do so. Travel arrangements are made in advance but due to the fact that ATG is reliant upon suppliers such as airlines, hotels and/or other supply companies, changes to travel arrangements and cancellations thereof may occasionally become necessary.
d) Should any travel component be confirmed by ATG and this component is cancelled by the supplier for whatsoever reason, then in such instances ATG will accept no liability for the cancellation thereof.
13) Lost/Stolen Flight Tickets
a) The loss or theft of a ticket must be reported to ATG immediately. Certain airlines will not authorise ATG to issue a replacement ticket if such ticket is lost or stolen before the passenger leaves. In the latter instance you will be required to purchase a new ticket, at your own cost, until such time as ATG receives authority from the airline to make any refund to you, which authority could take up to 12 months to receive. Should the airline authorise ATG to issue a replacement ticket ATG will do so and a re-issue fee, per ticket, will be for your own account.
b) Should your ticket be lost or stolen abroad it should be noted that certain airlines will not issue a duplicate ticket and it will be your responsibility to purchase a new ticket aboard at the local fare. Upon your return, you may make application to ATG for a refund of the amount spent by yourself on the lost or stolen ticket, but it is specifically recorded that any refund will be entirely at the discretion of the airline concerned which may take up to 12 months to authorise.
c) It is your responsibility to report the lost or stolen ticket to the police and to provide ATG with the proof of such report if required.
14) Airline Refund Procedures
a) Refund policies operated by the various airlines vary greatly. You must return your unused ticket to ATG who will present it to the relevant airline for assessment as to whether the airline will agree to issue a refund or not. Should a refund be authorised by the airline such refund will be made to you, less any cancellation or administration charges.
b) If payment for the ticket was made to ATG by credit card, the refund, should one be granted, will be made to your credit card otherwise the refund will be made by EFT.
c) Any refund which is authorised for part used or return halves of tickets will be less than the pro rata rate on the face value of such ticket.
d) Refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by ATG.
e) Tickets returned to ATG for a refund older than one year from the date of issue will be regarded as expired by the airline and have no refund value.
a) In the event that you have any reason to complain, or experience any problems with your holiday whilst away, you must immediately inform the supplier of the services in question. Any verbal notification must be put in writing and given to the supplier as soon as possible.
b) If you are still dissatisfied, you must notify us at the earliest opportunity – until we know about a problem or complaint, we cannot begin to resolve it. Failure to give us the opportunity to resolve any problem at the time it occurs will result in either a reduction, or complete extinction, of any rights which you may have, to claim compensation from us.
c) If you remain dissatisfied, you must write to our Customer Service Manager within 28 days of the end of the trip you have purchased from us, giving your booking reference and full details of your complaint on firstname.lastname@example.org
d) Whilst every effort will be made by ATG to resolve your complaint to your satisfaction it is specifically recorded that ATG in no way accepts liability for any claim that you may have in respect of your complaint.
16) Passports, Visas, Vaccinations and Inoculations
a) It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visas, and that you have obtained any necessary inoculations to gain entry to any country you are visiting. Passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Department of Health regarding health requirements.
b) ATG accepts no liability whatsoever should you, or any member of your party, travel without the correct passport, visas or necessary vaccinations.
17) General Information
a) Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
Special requests: We can pass on any special requests that you may wish to make at the time of booking, but acceptance of such requests is at the discretion of the airline or other supplier and in no circumstances are special requests guaranteed. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on your confirmation invoice or any other documentation, is not confirmation that the request will be met.
b) Medical Problems: If you or any member of your party has any medical problem or disability which may affect your holiday, you need to give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
c) Renovations: Please be aware that hotels undergo renovations from time to time. Hotels take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work, dates may be provided, but it is important to remember that these are subject to change and we are not always notified.
d) Refunds and Unused Services: No refunds will be made for any unused services.
e) Charges to your credit card: Any charges made to your credit card whilst away are your responsibility. ATG will not be responsible, nor accept responsibility for having these charges reversed or corrected.
18) Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemics, and all similar events outside our control.
19) Responsibility And Liability
ATG act as agents only for local and international ground operators and airlines and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising. ATG makes every effort to ensure that all the arrangements and services connected with a passenger’s itinerary will be carried out as specified in the most efficient and effective way possible. However, we do not have direct control over the provision of services by suppliers and, whilst they are in all cases selected with the utmost care, we do not accept liability for error and omissions of such suppliers.
20) Jurisdiction of the Magistrate’s Court
ATG, shall be entitled, at its option 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 29 of the Magistrate’s Court Act No 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
This document together with ATGs’ standard booking form and ATG invoice / itinerary constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, and promise of the like not recorded herein. No addition to the ATG standard booking conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties. No indulgence which ATG, (“the grantor”), may grant to the passenger (“the grantee”), shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future. All costs and disbursements, including legal costs on the attorney and client scale incurred by ATG in recovering any damages and payments payable by the passenger to ATG shall be for the passengers’ account. This agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa. The passenger hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement. The parties hereby respectively choose domicilium citandi et executandi for all notices and processes to be given and served in pursuance of this agreement at their respective addresses as given on ATGs’ standard booking form. Either party may change its domicilium by written notice delivered by hand or sent by prepaid registered post to the other party. In this agreement an expression which denotes a gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.