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STANDARD TERMS AND
CONDITIONS OF CONTRACT
Sure Fish Hoek Travel Pty Ltd
APPLICATION
All estimates or quotations provided by or bookings made with and/or all services
rendered by or on behalf of Sure Fish Hoek Travel (“the Travel Agent”) are subject
to these Terms & Conditions (“the Conditions”)
AMENDMENTS
No amendment, cancellation or waiver of any term or right referred to herein shall
be valid or binding unless produced in writing and signed by both the Client and
a duly authorized representative of the Travel Agent.
BOOKING DEPOSIT & RESERVATIONS
Once the Client has initiated an enquiry, the Travel Agent will prepare and provide
the Client with an estimate. Upon the signed Estimate being returned, the Travel
Agent will prepare a quotation and Booking Form to be completed by the Client. In
the case of a package holiday being booked, a non refundable deposit (“the Deposit”)
is required in order to confirm the reservations with the Principals, subject to
payment of the balance of the price in due course as specified. The Travel Agent
will not confirm any reservation if the deposit is not received. In the case of
air tickets, full payment is required as per the applicable fare rule. If full payment
is not received by the applicable date the airline will automatically cancel the
reservations.
CANCELLATION
In the event of the Client canceling the reservations, the Travel Agent shall have
the right to either claim the Deposit or to retain the Deposit and claim damages
suffered by the Travel Agent. The Principals may reserve the right to cancel any
tour or flight without notice, in which event the entire payment will be refunded
to the Client without any further obligation on the part of the Travel Agent. The
maximum cancellation fee which may be imposed in the event of the Client cancelling
is as per the Tour Operator’s Terms & Conditions.
CLIENT & AUTHORITY
The person requesting such estimates or quotations or making such bookings or to
whom any service is rendered, is deemed to have read and accepted the Conditions
and to have the authority to do so on behalf of the person in whose name the estimate
or quotation or reservations is requested and/or provided and/or the person to whom
the services are rendered (collectively referred to as “the Client”).
CONFIDENTIALITY
The Travel Agent undertakes to deal with all Client information of a personal nature
on a strictly confidential basis.
DESTINATION SELECTION
The Client acknowledges that it has selected the itinerary and destination(s) constituting
the booking based on information gleaned from brochures and/or the Internet. It
also acknowledges that such brochures and/or the Internet have been compiled and
are managed and up dated by the Principal over which the Travel Agent has no control.
Accordingly, the Travel Agent cannot and does not guarantee that the itinerary and/or
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.
ENTIRE CONTRACT
The Conditions constitute the entire terms of the relationship between the parties.
There exist no other terms, conditions, warranties, representations, guarantees,
promises, undertaking or inducements of any nature whatsoever regulating the relationship
and the Client acknowledges that he/she has not relied on any matter or thing stated
on behalf of the Travel Agent or otherwise that is not included herein.
INSURANCE
It is strongly recommended that all Clients take out adequate insurance cover such
as cancellation due to illness, accident or injury, personal accident and personal
liability. (Please note that this is not an exhaustive list). The Travel Agent will
not be responsible or liable if the Client fails to take adequate insurance cover
or at all. It shall not be obligatory upon the Travel Agent to effect insurance
for the Client except upon instructions. All insurance effected by the Travel Agent
pursuant to such instruction will be subject to such exceptions and conditions as
may be imposed by the insurance company or underwriters accepting the risk, and
the Travel Agent shall not be obliged to obtain separate cover for any risks so
excluded. Should the insurers dispute their liability for any reason; the Client
will have recourse against the insurers only. Please note that various credit card
companies offer limited levels of travel insurance, which the Travel Agent does
not consider sufficient cover for international travel. Kindly check with the respective
credit card companies in order to obtain the specific details of the cover.
LATE BOOKING & AMENDMENT FEES
Late booking fees may be charged by the Tour Operator in respect of bookings received
within seven (7) working days prior to the departure date. An amendment fee may
be levied by the Tour Operator for any changes to the confirmed itinerary.
LAW & JURISDICTION
South African law and the jurisdiction of South African courts will govern the relationship
between the Client and the Travel Agent. The Travel Agent shall be entitled to institute
any legal proceedings arising out of or in connection with this contract in any
Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates
Court Act no. 32/1944 as amended, notwithstanding that the amount in issue my exceed
the limits of such jurisdiction.
LEGAL FEES
The Client will be liable for all legal fees on an attorney and own client scale
in the event that the Travel Agent has to engage a lawyer to enforce any of its
rights or otherwise.
LIMITATION OF LIABILITY
The Travel Agent will under no circumstances be liable for any claim whatsoever,
unless such claim is due to the gross negligence of the Travel Agent and such claim
is lodged in writing with the Travel Agent within thirty (30) days after the end
of the booking. Such liability will be subject to a limitation of R10 000.00 per
client per booking and under no circumstances will the Travel Agent be liable for
any indirect or consequential loss or damage.
PASSPORTS, VISAS & HEALTH
It is entirely the Client’s duty to ensure that all passports and visas are current,
and obtained on time and will be valid for the required amount of time as set out
by the country’s requirements. It is also the Client’s duty to make sure that any
vaccinations / inoculations that are required by the destination country have been
obtained. Please check the requirement with the Travel Agent before travelling.
The Travel Agent will Endeavour to assist the Client but such assistance will be
at the Travel Agent’s discretion and the Client acknowledges that in doing so, the
Travel Agent is not assuming any obligation or liability.
PAYMENT & PAYMENT TERMS
If the final payment is not received on time, the travel documents can be delayed
and may necessitate the use of a courier service, which will be for the Client’s
own account. In some instances, reservations may be cancelled by the Principal altogether.
RATES OF EXCHANGE
Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has
received the full and final payment, 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. However, once full payment is received, the price is guaranteed.
REFUNDS
Refunds will be dealt with as per the Tour Operator’s or Airlines Terms and Conditions.
SPECIAL REQUESTS
Whilst every effort will be made by the Travel Agent to secure any special requests,
they cannot be guaranteed.
THIRD PARTY SERVICE PROVIDERS
The Travel Agent provides Clients with travel and/or other services either itself
or acting as agents for principals engaged in or associated with the travel industry,
such as airlines or Tour Operators. The Travel Agent represents the Principal as
agents only and accordingly accepts no liability for any loss, damage, injury or
death which any Client may suffer as a result of any act or omission on the part
of or the failure of the Principal to fulfill their obligations, whether in relation
to travel arrangements, accommodation or otherwise. The contract in use by the Principal
(which is often constituted by the ticket issued by the Principal), shall constitute
the sole contract between the Principal and the Client and any right of recourse
the Client may have, will be solely against the Principal.
UNSCHEDULED ALTERATIONS
In the unlikely event of there being unscheduled alterations to the itinerary caused
by flight re-scheduling, flight delays bad weather, strikes or any other cause which
is beyond the control of the Travel Agent, it is understood that expenses relating
to these alterations will be for the Client’s Account.
E & OE
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