BOOKING TERMS AND CONDITIONS OF AFRICA TRAVEL PORTFOLIO (Pty) Ltd.
(Hereinafter referred to as “ATP”)
BEFORE YOU PROCEED WITH MAKING USE OF OUR SERVICES OR THIRD-PARTY SUPPLIERS OF GOODS AND SERVICES VIA AN ONLINE, DIRECT OR PACKAGE BOOKING, YOU ACKNOWLEDGE HAVING READ, THEREBY ACCEPTING THE DOCUMENT MENTIONED WHICH YOU WILL BE DEEMED TO HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY:
- Our T’s & C’s, especially (without derogating from the generality of the T&C) the Covid clause.
- The T’s & C’s of all third party service providers that may be involved in your booking.
INTRODUCTION TO THE COMPANY
We, Africa Travel Portfolio (Pty) Ltd (‘the Company’), provide two types of service i.e. online bookings with hotels, lodges, tour operators and car hire companies as well as tailor-made packages.
COVID – It is common knowledge that travel, in particular, has been affected by major challenges arising from the Covid 19/Corona Virus (‘Covid’) which has been declared a pandemic by the World Health Organization (‘WHO’). Covid can be transmitted from person to person inter alia by contact and respiratory means and that it is essential to follow guidelines and precautionary measures issued by the WHO and various governments. Each country has its own entry and exit requirements and it is the sole and exclusive duty of each traveller to familiarise themselves with such prescribed guidelines and precautionary measures AND entry and exit requirements of each country they intend visiting and/or which is reflected in their final itinerary. The Company is not liable for any consequence of non-compliance with this clause and/or the impact of Covid on your booking (See the ‘Responsibility’ clause below).
Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and ATP. We act as booking agents for the suppliers of the component parts of the holiday we organise, 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 conditions.
A deposit of 50% (‘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 the Third-Party Suppliers (‘the Booking’), subject to payment of the balance of the Price in due course as specified herein*. The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs and disbursements incurred by the Company and its service fees and in the event of any cancellation as provided for herein, will be forfeited by the Client.
APPLICATION – All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf the Company are subject to these terms and conditions (‘the Conditions’) and the terms and conditions of various third party providers of services and/or goods (i.e. airlines, tour operators, hotels, cruise companies etc.) you engage via an on-line booking or who the Company requests on your behalf to render services or provide goods to you (see re such suppliers below: ‘Third Party Supplier’).
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 or goods supplied, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person, persons or group or entity in whose name or on whose behalf the enquiry is made or advice sought or estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered and/or the goods supplied (collectively referred to as ‘the Client(s)’).
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, ATP 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)PRICE –Note that the Company reserves the right to amend the Price if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date it is completed, signed, and returned to the Company and the Deposit paid . Furthermore, Prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as VAT). Note that airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Company (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey. This also applies to foreign exchange currency payments such as international hotel bookings, car hire, rail bookings or any other foreign payments that need to be made as well as international bank transfer fees). Should it be a group booking and the group number deviate from the number required for the Booking, the Company reserves the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made (The Company will be entitled to retain any service fees charged and/or retain the commission earned and/or charge an administration fee). Please note that the Price excludes inter alia airport departure tax and any expenses of a personal nature and gratuities.
Please note that in some cases Third Party Suppliers may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been affected.
- b) ATPguaranteesthe price of land arrangements, only once full payment is received.
- c)Airfaresare subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by ATP. 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. EXCL BANK CHARGES.
- c)Cash or EFTTransfers: 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. ATP will not be liable if anyone should fail to take adequate insurance cover.
INSURANCE – It is compulsory for and every Client (and all members of a group or tour party) is obliged to have comprehensive insurance cover and written, documentary proof of such cover must be submitted to the Company with the signed quotation. Such cover must include amongst others cancellation due to death, illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance 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 the policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to your broker or the insurer PRIOR to your departure.
Please note that various credit card companies offer limited levels of travel insurance, which may not provide sufficient cover for international travel. Kindly check with the respective credit card companies to obtain the specific details of the 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 ATP 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 offull paymentof 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, thecourier costsin respect thereof will be for your own account.
- c) IT IS IMPORTANT THATYOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTSBEFORE LEAVING. IF THERE ARE ANY INACCURANCIES ON ANY OF YOUR TRAVEL DOCUMENTS, ORSHOULD YOU HAVE ANY FURTHER QUERIES, YOU SHOULD CONTACT YOUR TRAVEL AGENTIMMEDIATELY. ATP WILL NOT BE LIABLE FOR ANY DELAY AND/OR LOSS OCCASIONED AS ARESULT OF ANY INACCURANCIES ON ANY TRAVEL DOCUMENTS ONCE YOU ARE IN RECEIPT THEREOFAND YOU HAVE LEFT ON YOUR TRAVELS.
9) Unscheduled Extensions (Read with 12 below)
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 ATP, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the passenger. ATP 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. This is not and must not be deemed to be a cancellation and will not entitle the Client to a refund of any nature.
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 topay 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) Anadministration feeof R100 per person will be charged for each amendment and / or cancellation.
- c) After departure it is understood thatextra expensesincurred as a result of any change will be for the passenger’s account, and any unused service will not be refunded.
- d) Amendments and cancellationsen-routemust 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 affected.
- 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)CANCELLATION –In the event of Client cancelling their reservations (which must be done by confirmed e-mail, letter or telefax), the Company shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Company. Such damages will include but not be limited to the aggregate of the following: 10% (Ten percent) commission of the Price; transaction and administration fees. The Company reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Company or right of recourse by the Client. The maximum cancellation fee, which may be imposed in the event of a client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Third-Party Supplier’s Conditions or website. Third Party Suppliers may charge cancellation fees over and above those stated below):
Deposit: to be forfeited in all cases regardless of period of notice and over and above fees specified below, and the damages specified above:
6 weeks prior to departure 35% of the Price
4 weeks prior to departure 50% of the Price
3 weeks or less 100%, of the Price.
12) Our Right to Change Your Travel Arrangements (Read with 9 above)
- a) Asignificant changeto 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 ATP 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 areminor 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 ATP, 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 ATP to adhere to confirmed itineraries; however, we reserve the right to makechangesto your travel arrangements when it becomes necessary to do so. Travel arrangements are made in advance but due to the fact that ATP 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 ATP and this component iscancelled by the supplierfor whatsoever reason, then in such instances ATP will accept no liability for the cancellation thereof.
13) Lost/Stolen Flight Tickets
- a) Theloss or theftof a ticket must be reported to ATP immediately. Certain airlines will not authorise ATP 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 ATP 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 ATP to issue are placement ticket ATP will do so and a re-issue fee, per ticket, will be for your own account.
- b) Should your ticket be lost or stolenabroadit 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 ATP 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 ATP with the proof of such report if required. Please note that any assistance from ATP is as a show of goodwill and must not be interpreted as an acknowledgement of fault or any form of liability.
14) Airline Refund Procedures
- a) Refund policies operated by the various airlines vary greatly. You must return your unused ticket to ATP 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 ATP 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 ATP.
- e) Tickets returned to ATP 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 mustimmediately inform your travel agentof the services in question. Any verbal notification must be put in writing and given to the supplier as soon as possible.
- b) If you arestill 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 ourCustomer Service Managerwithin 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 ATP to resolve your complaint to your satisfaction it is specifically recorded that ATP in no way accepts liability for any claim that you may have in respect of your complaint.(1) UNLESS IT IS DUE TO YOUR NEGLIGENCE; (2) DETAILS OF THE CONSUMER COMMISSIONER & CONSUMER GOODS & SERVICES OMBUDSMAN?
16) Passports, Visas, Vaccinations and Inoculations
It is the solely and entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six (6) months after return to his/her/their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with a medical practitioner who is well versed with the prevailing conditions and requirements of the country(ies) you intend visiting. If the Company assists the Client in any way, such assistance will be in the Company’s sole discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of such assistance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical challenges the journey may entail, and the Client must accordingly be in an adequate mental and physical condition for the Proposed Travel Arrangements.
Please note that All visitors to South Africa and all Clients who are travelling from RSA to another country are required to have a minimum of three (3) blank pages in their passport excluding the front and back cover to for visa purposes – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport, entry will be denied, and the Client is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed timeously. The Client must ensure that the details supplied to the Company mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 (six) months after your scheduled return to South Africa. Non-South African passport holders may also be required to have re-entry documentation and it is entirely the 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. Furthermore, caution should be taken when the countries of transit or your final destination issue visas on arrival. These must not be taken for granted and ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.
Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise the Company how far your pregnancy is when traveling, as some service providers have restrictions.
ABRIDGED BIRTH CERTIFICATES FOR CHILDREN – PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS – BROADLY SPEAKING THE FOLLOWING IS REQUIRED WHEN A MINOR TRAVELS WITH HIS/HER PARENTS/GUARDIAN:
- The minor must have an unabridged birth certificate
- In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.
- All documents must be original or copies certified as a true copy of the original by a Commissioner of Oaths or the equivalent commissioning authority should Commissioners of Oaths not be a practice in the country concerned.
- All documents not in English should be accompanied by a sworn translation issued by the competent authority in the country concerned.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary may present is a high-risk of malaria and other tropical diseases. The Company strongly recommends that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure, or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.
Certain areas also require Yellow Fever Vaccinations of which the certificate must be carried and produced when required. Yellow Fever Vaccinations last for up to 10 (Ten) years and inoculation is required at least 2 (Two) weeks before your departure from country of origin.
PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries – where the countries you are travelling to issue such a cautionary and it comes to the Company’s attention it will convey it and/or provide an appropriate link to you. However, it is your duty to check your 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.
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.
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. With regards to accommodation, in some countries city tax and other taxes are only payable on check out.
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, is on medication or has a 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 theright 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. Refunds by the Third Party Suppliers will be exclusively and solely subject to their terms and conditions
- e)Charges to your credit card: Any charges made to your credit card whilst away are your responsibility. ATP 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 (‘the 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 (without limitation) war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather condition or other untoward occurrences s , acts of God, fire, accident, flood or explosion, sickness, quarantine, Government intervention, fire, pandemics, epidemic, or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not and all similar events outside our control.
The following conditions must be met:
- The party invoking force majeure (‘the Force Majeure Party’ – ‘FMP’) must immediately advise the other party (‘the Force Majeure Recipient’ – ‘FMR’) in writing;
- The Event must not be due to the fault, negligence or breach of contract on the part of the FMP;
- The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and NOT simply difficult, burdensome or economically onerous to carry out;
- The FMP uses and has used due diligence and its best commercially reasonable endeavours to overcome and/or remove and/or alleviate and/or mitigate the Event;
- The FMP must mitigate its own damages;
- The FMP must take all reasonable steps to avoid non-performance;
- Any steps taken by any country’s government must be as a result of the Event;
- The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent.
19) Responsibility And Liability
RESPONSIBILITY – All tours are booked, and arrangements are made on the express condition that the Client embarks on the tour or journey entirely at their own risk, including the journey from their home(s) to the airport and back. The Company, its directors, members, partners, employees and agents (‘the Indemnified Parties’) , shall not be responsible for, and shall be exempt from all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm (as defined in the CPA), illness, trauma, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever, unless such claim is for injury or death and due to a negligent act or omission of Company. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Indemnified Parties accordingly. The Indemnified Parties shall furthermore not be liable for any consequential, economic or indirect loss or damage whatsoever, unless section 61 of the CPA applies.
THIRD PARTY SUPPLIERS – The Clients are provided with travel and/or other services and/or goods either by the Company itself or by Third Party Suppliers who it engages as agent for the Client – they include airlines vehicle rental, providers of accommodation, food and beverage and excursions. The contract in use by the Third-Party Suppliers (which is often constituted by the ticket issued by them), shall constitute the sole contract between the Third-Party Supplier and the Client and any right of recourse the Client may have, will be solely against such Third Party Supplier. The Company will provide the identity and terms and conditions of (or access thereto) all the Third-Party Suppliers relevant to the service and/or goods being provided for the Client’s booking and it’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Third-Party Supplier’s Conditions’). Whilst the Company vets and selects the Third Party Suppliers with the utmost care and circumspection, the Company accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer or claim of whatever nature it may have as a result of any act or omission on the part of or the failure of the Third Party Supplier to fulfill any of its obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company.
20) Jurisdiction of the Magistrate’s Court
ATP, 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.
21) LAW, JURISDICTION, DOMICILIUM AND LEGAL FEES
This document together with ATPs’ standard booking form and ATP 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 and/or amendments to the ATP standard booking conditions shall be of any force or effect unless in writing and signed by or by a duly authorised representative on behalf of the parties. No indulgence which ATP, (“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 own client scale incurred by ATP in recovering any damages and payments payable by the passenger to ATP including any legal steps taken of any nature whatsoever pertaining to the Conditions and/or arising from the Booking, shall be for the passengers’ account. This agreement shall in all respects be governed by and construed in accordance with the laws and the jurisdiction of the courts 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
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.
22) CAR & VEHICLE HIRE
These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. The 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 recommends you check the vehicle thoroughly (interior and exterior) with a representative of the car hire company upon collection and return and ensure that any damage, scratches, faults, or shortcomings are noted in writing & signed for. Note that the Car Hire T&C constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C.
Similarly, the Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometres travelled, traffic offences, etc.
While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.
24) COACH & AIR CHARTER
Please note that the flying services and coach transfers are sub-contracted to independent Third-Party Suppliers. They are entirely and exclusively responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client’s account.
25) 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 updated by the Third Party Suppliers over which the Company has no control. Accordingly, the Company cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Third-Party Supplier.
The Client agrees that he/she and any members of its tour party 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 Third-Party Supplier, other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Company against damages suffered and/or costs incurred by the Company and/or any third party because of a breach of this clause.
27) 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 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 can show any customs official proof that they purchased the foreign exchange they are carrying, failing which it may be confiscated.
The Client must be ready to show their identity document and possibly their credit card used to make payment for the Booking at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.
29) CONFIDENTIALITY & PRIVACY
30) 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.
31) DRIVER’S LICENCE
Even if you have obtained an international driver’s licence, please take your national driver’s licence with you. Some overseas car rental companies may request proof of residence such as rates and taxes account (as for FICA).
32) TAXES & SURCHARGES
Where possible airport and airlines taxes and surcharges are reflected in all Prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore, it is important that you check with the Company prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for. With regards to accommodation, in some countries city tax and other taxes are only payable on check out.
The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company is and shall remain the sole and exclusive property of the Company.
The Client furthermore undertakes not to circumvent the Company and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates, quotes and itineraries provided by the Company with any of the Third Party Suppliers or any other service providers or venues for a period of 1 (One) year from the date of the Booking and/or the submission of any proposals, presentations, estimates, quotes and itineraries provided by the Company.
34) DISPUTE – RESOLUTION
Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination and/or advice, requests, quotations, estimates, bookings made or services rendered or goods supplied, shall be dealt with as follows:
1 Firstly the parties will meet within 5 (five) working days of the dispute arising 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 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. The judgment upon the award so rendered may be entered in the record of any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2 Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
Whilst the Company acknowledges the Client’s right of freedom to take photographs in general, please note that the following conditions apply to any photography during any tour and excursions with or arranged by the Company whether during the tour or excursion or thereafter and these rules will be strictly enforced. By the same token Clients are deemed to indemnify the Company against any consequences, claims and legal costs (on an attorney and own client scale) resulting from any breach of whatsoever nature of this clause:
- The copyright and ownership in the photograph (‘photo’) will remain vested in the person who took the photo (‘the photographer’) unless a person (‘the Subject’) asked for the photo to be taken and made an arrangement to the contrary with the photographer.
- However, once the photographer has posted any material on the Company website or any form of social media, that entitles the Company or any third party to disseminate it.
- If the material is to be used commercially e.g. sold or used to launch an advertising campaign, then the written permission of the Subject is required
- The Company supports the principle of fair use and factors that will have a bearing are the purpose (e.g. non-profit); nature of use; size e.g. thumbnail
- Whilst you are entitled to take photos of individuals in public areas, many public areas e.g. shopping centres, resorts and some of the places you may visit may seem to be in the public domain but is in fact privately owned and thus subject to the rules prescribed by the owner of which you should be aware.
- If the location where the photo is being taken is of such a nature that it is reasonable to presume privacy, e.g. a bathroom, then the Client may not take a photo of the Subject at all. This principle would also apply if the location is e.g. a private game lodge which focuses on upper end clients and celebrities or where the surrounds may not be evidently private – these persons choose such venues for reasons of privacy and even an innocent photo of a staff member posing with a celebrity may be of such a private nature that both the photographer or the staff member requesting the photo is advised to limit the usage to personal purposes and not disseminate it e.g. via social media.
- Use of the photo must not be of such a nature that e.g. it misrepresents the Subject, the setting or surrounds
- The Company reserves the right to use photos of you and your party on its website and for promotional purposes. If you wish to object to such use, please advise the Company in writing prior to arrival.
36) ENTIRE CONTRACT
ADV. LOUIS NEL
REVISED FOR CPA, POPIA,
GDPR & COVID AUGUST 2020
& REVIEWED JUNE 02 2022.