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STANDARD TERMS AND CONDITIONS OF CONTRACT
Sure Glenwood Travel
APPLICATION - All quotations or estimates provided by or bookings
made with and/or all services rendered by or on behalf of Sure Glenwood Travel (‘the
Travel Agent’) are subject to these terms and conditions (‘the Conditions’).
THE CLIENT AND AUTHORITY- The person requesting such quotations
or estimates or making such booking 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 reservation is requested
and/or provided and/or the person to whom the services are rendered (collectively
referred to as ‘the Client’).
THIRD PARTY SERVICE PROVIDERS - The 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 (‘collectively
referred to as ‘the Principal’). 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. The Travel Agent will
provide the identity, terms and conditions of all the Principals relevant to the
service being provided for the Client’s booking. It’s the Client’s responsibility
to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).
BOOKING, DEPOSIT & RESERVATION – Once the Client has filled
in the travel enquiry form, responded to an advertisement verbally or in writing
or via e-mail or the Internet or has, without reference to any of the aforesaid,
asked for more details (collectively referred to as ‘the Enquiry’), about a particular
destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed
Travel Arrangements’) the Travel Agent will prepare and provide the Client with
an estimate (by hand, telefax or e-mail) (‘the Estimate’). Upon the Client’s written
confirmation that the facts and information contained in the Estimate is correct,
the Travel Agent will prepare a quotation for the Proposed Travel Arrangements (‘the
Quotation’). A non-refundable deposit of 15% (‘the Deposit’)
of the total estimated value of the Proposed Travel Arrangements (‘the Price’) as
specified in the Quotation is required in order to confirm reservations with Principals
(‘the Booking’), subject to payment of the balance of the Price in due course as
specified herein*. The Travel Agent will not confirm any reservation if the deposit
and a signed Quotation are not received. Once the Booking has been completed, the
Client will be supplied with the document that will contain the final detail of
your Booking (‘the Booking Form’), which the Client must sign and return
to the Travel Agent. * 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.
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 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.
PAYMENT AND PAYMENT TERMS - The balance of the Price is due not
later than six weeks prior to departure OR on or before the date specified in the
Quotation or the Booking Form.
If the final payment is not received on time, the travel documents can be delayed
and may necessitate the use of a courier service, which will be for the Client’s
account or the Travel Agent may cancel the Booking. Late payment may also result
in cancellation of the reservation by the Principal.
PRICES – Prices are quoted at the ruling daily exchange rate. Until
the Travel Agent 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.
However, airfares are subject to the price and conditions quoted by the airlines
and cannot be guaranteed by the Travel Agent. Should the Client be a group booking
and the group number deviate from the number required for the Booking, the Principal
may reserve the right to re-cost the Price and raise a surcharge. Should any Client
refuse to accept and pay such surcharge, it may result in the Principal may cancelling
the Booking and retain any payment made (The Travel Agent will be entitled to
retain any service fees charged).
RESPONSIBILITY – The Proposed Travel Arrangements are made on the
express condition that The Travel Agent, its employees and agents, shall not be
responsible for, and shall be exempt from, all liability in respect of loss, damage,
accident, injury, death, delay or inconvenience to any Client (which
shall be deemed to include the heirs, executors, administrators or assigns of the
Client), their luggage, or other property, wherever, whenever and however the same
may occur. The Client indemnifies and holds harmless the Travel Agent, its employees
and agents accordingly. The Travel Agent, its employees and agents shall further
more not be liable for any indirect and/or consequential loss or damages whatsoever.
INSURANCE - It is strongly advised that all Clients take out adequate
insurance cover such as cancellation due to illness, accident or injury, personal
accident and personal liability, loss of or damage to baggage and sports equipment
(Note that is not an exhaustive list). The 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 detailed instructions given in writing and 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.
TRAVEL DOCUMENTS - Documents (vouchers, itineraries etc) are only
prepared and released on receipt of payment of the Price in full, as well as a signed
booking form and where applicable, a signed indemnity form.
PASSPORTS, VISAS & HEALTH - It is the entirely the Client’s
duty to ensure that all passports and visas are current, valid, obtained on time,
and will be valid for six months after return to home country and that any vaccinations,
inoculations, prophylactic (e.g. for malaria) and the like, where required, have
been obtained. Please check the requirements 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 and the Client indemnifies
the Travel Agent against any consequences of non-compliance. It is the Client’s
duty to familiarise him/herself with the inherent dangers of and mental and/or physical
condition required for the Proposed Travel Arrangements.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary are areas where there is a high-risk of
malaria and other tropical diseases. We strongly recommend that the necessary precautions
be taken in this regard and recommend that you check with your medical practitioner
before departure or a medical practitioner well versed in tropical diseases immediately
upon your arrival in Africa or any other tropical or sub-tropical destination. If
you have not done so prior to departure, it is imperative you do so upon your return.
LATE BOOKING & AMENDMENT FEES - A late booking fee of R 800.00
[**] per booking may be charged in respect of bookings received within 4 working
days prior to the departure date & for 2 working days or less R1200.00 [**]
per booking. This charge is levied to cover communication expenses
involved. An amendment fee of R500.00[**] per booking may be levied for any changes to the confirmed
itinerary
CANCELLATION - In the event of Client cancelling the Booking, 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 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 Travel
Agent. The maximum cancellation fee, which may be imposed in the event of a Client
cancelling, is as follows (Clients should also refer to the cancellation provisions
contained in the Principal’s Conditions or website. Principals may charge cancellation
fees over and above those stated below):
Deposit of 15% non-refundable
6 weeks prior to departure: 35% of the Tour Price
4 weeks prior to departure: 50%
of the Tour Price
3 weeks or less; 100% of the Tour Price
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 or any other cause which is beyond the control of the Travel
Agent, its agents or the Principal, it is understood that expenses relating to these
unscheduled extensions (hotel accommodation etc) will be for the Client’s account.
ITINERARY VARIATIONS & TRANSFERS - While every effort is made
to keep to the final itinerary, Principals and/or the Travel Agent reserves the
right to make changes for the Client’s convenience 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
and also to sign the final one.
BREAKAWAYS - While it is possible to break away from the itinerary,
it is understood that such breakaways will be for the Client’s account.
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 may exceed the limits of such
jurisdiction.
CONDUCT - The Client agrees that he/she will at all times comply
with the Travel Agent’s or others’ requirements in regard to his/her conduct and
he/she will not in any way constitute a nuisance to any other passenger on the tour.
SPECIAL REQUESTS - Clients who have special requests, must specify
such requests to the Travel Agent in the Enquiry or in response to the Estimate.
Whilst the Travel Agent will use its best endeavours to accommodate such requests,
it does not guarantee that it will.
AMENDMENTS - No amendment, cancellation or waiver of any term or
right referred to herein shall be valid or binding unless reduced to writing and
signed by both the Client and a duly authorised representative of the Travel Agent.
REFUNDS - No refunds will be considered in any circumstances whatsoever
by the Travel Agent. Refunds by the Principals will be subject to their terms and
conditions.
CURRENCY DECLARATIONS - The Client must lodge a currency declaration
(in the event of trans-border travel) with the Travel Agent before the travel documents
will be released.
FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Client’s exclusive
duty. This will apply especially when the Client instructs the Travel Agent to make
and pay for travel arrangements on the Internet.
e-TICKETING - The Client must be ready to show their identity document
and possibly their credit card at the check-in counter of the airline concerned.
This will apply to al members of a travelling party and for
EACH MINOR INTERNET BOOKINGS – If the Client requests the Travel
Agent instructs
the Travel Agent to do bookings via the Internet, the Client irrevocably authorises
the Travel Agent 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.
LIMITATION OF LIABILITY - The Travel Agent, its officers, directors,
servants or agents will under no circumstances be liable for any claim for any loss,
damage or injury suffered by any person whether to their person or property, howsoever
caused whether or not arising from any act, omission, default, or negligence on
the part of the Travel Agent. 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 30 (thirty) 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.
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.
CONFIDENTIALITY – The Travel Agent undertakes to deal with all
Client information of a personal nature on a strictly confidential basis.
CONFIRMATION OF TRAVEL ARRANGEMENTS: All onward travel arrangements
(local and international & onreturn to RSA, domestic connecting flights) must
be reconfirmed by the Client 72 hours prior to departure.
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 (whether verbal, written or electronic) 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.
© COPYRIGHT
ADV. LOUIS NEL
BENCHMARK
MARCH 2004
REVISED
APRIL 17 &
JUNE 05 2004 &
JULY 12 2004 &
MARCH 2006
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