here for pdf version for Standard Terms & Conditions (updated
19 February 2021)
STANDARD TERMS AND CONDITIONS OF CONTRACT
Travelways (Pty) Ltd, t/a Sure Travelways and Penthouse Travel Sporting
This may seem a little intimidating at first, but you will find
it is really important. It is fairly comprehensive and outlines
what you should reasonably expect from Travelways (Pty) Ltd when
it comes to transacting. You must take the time to read this document
as you will be signing that you have read it in order for us to
complete a transaction with you. Should you have any questions please
• Travelways (Pty) Ltd, t/a Sure Travelways and Penthouse
Travel Sporting Tours = the Travel Agent
• Terms & Conditions = the Conditions
• Service Providers = (Third Party Service Providers and Principals
i.e., airlines, insurance companies, tour operators, vehicle rental,
accommodation establishments, local travel agent/guide/operator,
events, transport operators, cruise companies etc.) who the Travel
Agent request on your behalf to render services or provide products
to you (refer section 3 below: ‘Service Providers’).
CONSUMER PROTECTION ACT (‘CPA’) NOTICE
Please read the following carefully & proceed accordingly:
IF YOURS IS ONLY AN ENQUIRY AND NOT A BOOKING:
1. Please (1) SKIP these next two ‘bullets’ (2), peruse
our website at your leisure & submit your enquiry to us.
2. However, if in the process of perusing our website or any of
the hyperlinked websites and you come across anything that is not
clear, please contact us to clarify what you are not sure about.
3. If you are still in a quandary, then please go to our ‘CONTACT
US’ link & submit your question to us – this is
in order to clarify any misapprehension you may have as required
by section 41 of the CPA
IF YOURS IS A BOOKING:
• The CPA in section 49 requires us to bring your attention
to certain aspects – we’ve done that by highlighting
in bold font certain clauses.
• The CPA in section 41 also requires us to clarify any ‘apparent
misapprehension’ you may have – if you have such a ‘misapprehension’
DO NOT accept the T&C & go back to ‘ONLY AN ENQUIRY’
above & follow those steps.
• If anything is STILL not clear or you STILL have a ’misapprehension’
kindly email, phone or visit us AGAIN BEFORE completing and signing.
• If you are finally satisfied that all your queries have
been addressed to your satisfaction, then (1) Read the T&C,
(2) sign acceptance of T&C (last page of this document) &
(3) instruct us to proceed with a reservation as acceptance of T&C.
All enquiries, advice, quotations or estimates made or provided
by or bookings made with and/or all services rendered by or on behalf
of the Travel Agent are subject to these terms and conditions (‘the
Conditions’) and conditions of various Service Providers who
the Travel Agent request on your behalf to render services or provide
products to you (refer section 3 below: ‘Service Providers’)
2. 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, 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(s) in whose name
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 (collectively referred to as ‘the
3. SERVICE PROVIDERS
The Travel Agent provides clients with travel and/or other services
either itself or acting as agents for Service Providers engaged
in or associated with the travel industry, such as airlines, insurance
companies, tour operators, vehicle rental, accommodation establishments,
local travel agent/guide/operator, events, transport operators,
cruise companies and excursions etc (‘collectively referred
to as ‘the Service Providers’’). Whilst the Travel
Agent vets and selects the Service Provider with the utmost care
and circumspection, the Travel Agent represents the Service Provider
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 Service Provider to fulfil their 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 Travel Agent. The contract in use by the Service
Provider (which is often constituted by the ticket issued of the
Service Provider), shall constitute the sole contract between the
Service Provider and the Client and any right of recourse the Client
may have, will be solely against the Service Provider. The Travel
Agent will provide the identity and terms and conditions (or access
thereto) of all the Service Providers relevant to the service being
provided for the Client’s booking. It’s the Client’s
responsibility to familiarize itself with such terms and conditions
(‘the Service Provider’s Conditions’).
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 Travel Agent will
not accept complaints or requests for refunds if a hotel is carrying
out renovations whilst a guest is resident. If the Travel Agent
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 Travel
Agent may not always be notified. In all instances if the Client
is dissatisfied with the Hotel the Client must try and resolve the
issue either directly or via the Travel Agent, before choosing to
leave the premises and book alternative hotel. Regardless of the
outcome the Client could be liable for costs at both hotels.
Some properties may take credit card pre-authorisations for any
incidentals that guess may incur during their stay.
4. RESPONSIBILITY, LIMITATION OF LIABILITY & INDEMNITY
The Proposed booking is 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 (financial
or otherwise), damage, accident, injury, illness, harm (as defined
in the CPA), trauma, death, delay or inconvenience to or additional
expense incurred by 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), to or loss of or damage to their
baggage, or other property, wherever, whenever and howsoever caused
whether or not arising from any act, omission, default, or negligence
on the part of the Travel Agent whatsoever, unless, in the case
of injury or death, it is due to the negligent act or omission of
the Travel Agent. 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 Travel Agent, its
employees and agents accordingly. The Travel Agent, its employees
and agents shall furthermore not be liable for any indirect and/or
consequential loss or damages whatsoever and howsoever arising,
unless section 61 of the CPA applies.
Any information, advice or advertising is provided by the Service
Provider’s, sourced from various websites and public access
literature and deemed correct at the time. The Travel Agent cannot
be held liable if any of the information is not correct or changes.
5. COMMUNICATION CHANNELS
The only accepted forms of communication with the Travel Agent are
by telephone to the registered telephone numbers for Travelways
(Pty) Ltd or email to a registered email address of Travelways (Pty)
6. DESTINATION SELECTION
The Client acknowledges that they have 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 Service Provider 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 Service Provider.
Prices are estimated at the ruling daily exchange rate and 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.
# 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. Once
payment of the price in full is received, the price is guaranteed
*# Airfares are subject to the price and conditions stipulated by
the airlines and cannot be guaranteed by the Travel Agent
Note that the Travel Agent reserves the right to amend the Price
if an unreasonable time lapses between the date the Estimate is
submitted to the Client and the date it is returned to the Travel
Agent. Price excludes inter alia airport departure tax, pre-seating,
baggage and any expenses of a personal nature, gratuities and all
items not specified.
* Please note that in some case Service Providers may have a clause
requiring passengers to pay an additional amount in the event statutory
increases such as VAT, fuel surcharges or fuel price or due to major
fluctuation of the exchange rate increases even though full payment
has been effected.
# Should the client be booking a package trip to an event advertised
by Travelways (Pty) Ltd please be aware that costs are calculated
on a projected exchange rate, government and Service Provider charges
and fees. Therefore, all Travelways (Pty) Ltd package prices are
subject to change and will be confirmed at a date specified on the
estimation and/or booking confirmation, usually but not limited
to between 10 to 12 weeks before departure.
8. BOOKING, DEPOSIT & RESERVATION
Once the Client has completed a booking form, responded 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, event, 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, verbally
or e-mail) (‘the Estimate’). Upon the Client’s
written confirmation that the facts and information contained in
the estimate is correct and upon acceptance of these Conditions
by the Client – the client’s instruction to proceed
to a booking status indicates you accept and acknowledge the terms
and conditions; the Travel Agent will prepare a provisional booking
/ an estimation for the Proposed Travel Arrangements (‘the
Estimation’). A deposit (‘the Deposit’) of the
total estimated value of the Proposed Travel Arrangements (‘the
Price’) as specified in the estimation is required in order
to confirm reservations with Service Providers (‘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 Service Providers is to cover costs and disbursements incurred
by the Travel Agent and its service fees and in the event of any
cancellation as provided for herein will be forfeited by the Client.
The Travel Agent will not confirm any reservation if the deposit
and a signed estimation or booking form with supporting documentation
** 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 Confirmation Form’).
Please note that often more than one itinerary is prepared during
the booking process and it is the client's obligation to ensure
that all the details in the final version submitted is correct.
* 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.
** acceptance that the information contained there on is correct
and as requested by the client.
9. PAYMENT AND PAYMENT TERMS
These are as per the Travel Agent and/or Service Provider and will
be advised at the time of enquiry / booking. They are strictly enforced.
If the deposit and/or final payment is not received on time, the
booking may be cancelled and all payments will be forfeited, or
documents can be delayed and may necessitate the use of a courier
service, which will be for the Client’s account. Late payment
may also result in cancellation of the reservation by the Service
Provider. Credit card payments are only accepted if the Service
Provider accepts such payment. Payment is only deemed received once
it is received in the Travel Agents bank account.
10. BOOKINGS incl. INTERNET
If the Client requests or 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 booking (2) make payments and (3) accept booking
The Service Provider’s terms and conditions apply regarding
group definitions. If the group number deviates from the number
required by the Service Provider for the Booking, the Service Provider
may reserve the right to re-cost the Price and raise a surcharge
or decline to offer bookings. Should any Client refuse to accept
new conditions and/or pay surcharge, it may result in the Service
Provider cancelling the Booking and retaining any payment made.
The Travel Agent will be entitled to retain costs, disbursements,
service, referral, consultation fees and charge an administration
Where some passengers wish to split from the original group travel
dates, this is referred to as a “breakaway”. Client
to refer to Service Provider’s terms and conditions. It is
understood that such breakaways and charges pertaining will be for
the Client’s account. Travel Agent reserves the right to charge
an administration fee for assisting with the amendment of the services.
12. SPECIAL REQUESTS
Clients who have special requests such as but not limited to seating,
meals, baby bassinets, assistance, room allocation etc must specify
such requests in writing to the Travel Agent in the Enquiry and/or
in response to the Estimate and at the instruction to book. Whilst
the Travel Agent will use its best endeavours to accommodate such
requests, it does not guarantee all requests will be honoured.
The Service Provider can restrict and/or change special requests
and/or reserve the right to charge an extra fee which will be for
the Clients account.
Most Service Providers no longer allow ‘free’ pre-seating.
The options are to pay a high revenue ticket which allows pre-seating,
pay for your seat, or seat yourself 24 hours prior to flight departure
when you check-in online or on collection of your boarding pass,
at the airport. Waiting for the 24-hour period or collection of
your boarding pass at the airport, could result in you not having
a choice of seat.
In many instances the Service providers entry level fares do not
include hold /checked baggage. Please check the baggage restrictions
on your estimate. If no baggage is included and you will be taking
baggage in the hold, with you, then please ask for an updated estimate,
including checked baggage. Service Providers’ baggage policy
changes per service provider and per origin / destination. Baggage
over and above the standard included baggage will be charged for,
by the airline. It is your responsibility entirely to be aware of
14. LATE BOOKING
A late booking fee per booking may be charged in respect of bookings
received within 4 working days prior to the departure date. This
charge is levied to cover communication expenses involved.
15. TAXES & SURCHARGES
Where possible 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 Travel Agent prior to departure
what the current airport 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. Where possible city tax and hotel/resort
fees are reflected in all prices. It should be noted that certain
taxes/fees and/or surcharges are payable directly at the property.
Taxes and surcharges are not limited to hotels, airlines and airports.
16. CAR & VEHICLE HIRE
Collectively known as Car Hire. These contracts (‘Car Hire
T&C’) are onerous & include absolute, no fault and
strict liability provisions. These 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. Please note
that you will be liable for all accidents, damages, traffic fines,
fuel and toll fees. We strongly recommend you check the vehicle
thoroughly with a representative of the Car Hire Company upon collection
and return and ensure that any damage, scratches, faults or shortcomings
are noted & signed for. Note that the Car Hire T&C shall
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 Travel Agent cannot take responsibility in case of car rental
vehicle break-down, dirty car rental vehicles, incorrect reading
of kilometres travelled etc.
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. 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 before you depart.
Please note that various credit card companies and medical aids
offer limited levels of travel insurance, which the Travel Agent
does not consider sufficient cover for international travel. Kindly
check with the respective companies in order to obtain the specific
details of the cover.
18. CONFIRMATION OF THE BOOKING
All bookings and details thereof (local and international) must
be reconfirmed by the Client 72 hours prior to departure by contacting
the Travel Agent or Service Provider and giving them local contact
details, irrespective of if the Service Provider requires this or
No changes or waiver of any term or right referred to herein shall
be valid or binding unless received in writing and acknowledged
as completed by an authorised representative of the Travel Agent.
A fee per booking may be levied for any changes to the confirmed
In the unlikely event of there being unscheduled changes 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 Service Provider; it is understood
that expenses relating to these unscheduled changes (hotel accommodation
etc) will be for the Client’s account; this does not constitute
any reason for a refund. Travel Agent reserves the right to charge
an administration fee for assisting with the change of the services.
No cancellation or waiver of any term or right referred to herein
shall be valid or binding unless received in writing and acknowledged
as completed by an authorised representative of the Travel Agent.
In the event of the Client cancelling the Booking the cancellation
fee which may be imposed is as follows**;
More than 8 weeks prior to departure: 25%
8 weeks prior to departure: 35%
6 weeks prior to departure 50%
4 weeks or less 100%
Exceptions apply on certain products
• Air ticket cancellations are subject to airline policies.
• All cancellation charges are subject to VAT.
• Events (for example race entry) cancellations are subject
to the event organisers policies with the Travel Agent and usually
are non-transferable/non-refundable regardless of reason of cancellation.
The Service Providers reserve the right to cancel any arrangements,
in which event the entire payment that can be refunded will be refunded
to the Client without any further obligation on the part of the
**In the event of cancellation the Travel Agent reserves the right
to retain their costs, disbursements, service, referral, consultation
fees and charge an administration fee for assisting with the cancellation
of the services.
Clients should also refer to the cancellation provisions contained
in the Travel Agents booking form and/or estimate and/or booking
confirmation, or the Service Provider’s Conditions or website
as they may charge cancellation fees over and above those stated
It is the Client’s duty to check each change to the itinerary
and also to sign / email acceptance of the final booking.
No refund or waiver of any term or right referred to herein shall
be valid or binding unless received in writing and acknowledged
as completed by an authorized representative of the Travel Agent.
The service Provider’s refund policy will be applied to each
refund request. The Travel Agent reserves the right to charge an
administration fee for assisting with the refund of the services.
22. FORCE MAJEURE
The parties agree that one or more of the following events, circumstances
or occurrences will constitute prima facie force majeure for the
purposes of the terms and conditions that govern the relationship
between the parties, subject to the qualifying requirements:
*Acts of God and casus fortuitous: physical, natural causes which
cannot be foreseen or prevented and which without limiting the generality
of the aforesaid includes tornadoes, death, extraordinary high tides,
tidal waves, violent winds, storms, floods, earthquakes, earth tremors,
volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides,
subsidence, lightning strikes, fire and other natural disasters;
*Industrial action such as strikes and lockouts, riots, protests
and protest action, whether of a political nature or not;
*War, sabotage, revolution, terrorism, civil commotion, riots, insurrection,
invasion, blockade or boycott;
*Epidemic, pandemic or the outbreak any other life and/or health
threatening diseases, whether infectious, contagious or not, or
events such as the spillage of dangerous contaminants or severe
air, water, soil or substance pollution;
*Any other event that is due to an irresistible force, unavoidable
and external accident;
*Breakdown of public services and amenities;
*National and/or regional border closures and international, national
and/or regional or transport travel or transport bans or restrictions
whether taken and/or implemented by the government of any country
included in the client's travel itinerary;
*The geographic location, origin and/or epicentre of the Event is
irrelevant as the only yardstick is the impact on the contractual
obligations of the parties;
The parties agree that the above prima facie force majeure events
('the Event') will only qualify as such if all of the following
conditions are 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 which results in and meets any one or more of the above
*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
*If the parties are in disagreement about the Definition or the
Qualifying Requirements, the parties will apply the Dispute Resolution
clause of the Conditions;
*If any one or more of the qualifying criteria are not met, the
FMP will have the option to agree a postponement with the FMR and
the contract will be performed at the postponed date or the FMP
can cancel the contract and the cancellation provisions will apply.
*If they are in agreement that the qualifying requirements have
been met, then parties will in the first instance use their best
endeavours to agree on the postponement of performance of the contract
and failing consensus in that regard, the FMR will use its best
endeavours to reimburse the FMP all monies received from it and
paid to third party service Provider’s which it manages to
recover less irrecoverable disbursements and a reasonable management
and service fee.
COPYRIGHT ADV LOUIS NEL
The Travel Agent will use it best endeavours to recover from Service
Providers such monies as may have been paid to them on behalf of
the Client. All monies so recovered by the Travel Agent will be
reimbursed to the Client less their costs, disbursements, service,
referral, consultation fees and charge an administration fee for
assisting with the cancellation of the services.
23. AIR TICKETS
These tickets linked to contracts (‘Air T&C’) are
very complex and can entail very strict requirements regarding change,
airport and departure taxes, cancellation and refunds provisions.
You must enquire about all the applicable conditions before you
pay for the ticket. You should also take note that if your flight/itinerary
consists of more than one flight/coupon/ticket, you are not allowed
to use such tickets/coupons out of sequence or to ‘skip’
one (& e.g., opt for train, bus or car transport) as this will
invalidate the entire balance of the journey/itinerary and ticket
value. ‘No-shows/Denied Boarding’ may result in the
ticket being invalidated and/or the Client being charged a No-show
fee or the ticket being forfeited. Note that the Air T&C shall
constitute the sole contract between the airline and the Client
and any right of recourse the Client may have, will be solely against
the airline in terms of the Air T&C. Your rights of recourse
as a consequence of over-booking are prescribed by the CPA. Loyalty
programs are governed by strict rules of which the Client must be
aware and retention of boarding passes and other documentation pertaining
to such programs is the sole responsibility of the Client. Consult
the Travel Agent about refunds for unused tickets as strict deadlines
and conditions apply.
24. AIRLINE E-TICKETING
The Client must be ready to show their documentation, such as, but
not limited to identity document/passport, visa/health documents
at the check-in counter of the airline concerned. This will apply
to all members of a travelling party and for each minor.
25. 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 passports will
be valid for six months after return to home country and that any
vaccinations, inoculations, prophylactic (e.g., for malaria / yellow
fever) 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 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. Please note that all visitors
to South Africa and all clients who are travelling from South Africa
to another Country are required to have a certain number of blank
pages 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 being visited. If there is insufficient space in the passport
travel and/or entry could be denied and the traveller is likely
to be detained pending return to their country of origin. The client
must ensure that the details supplied to the Travel Agent mirror
those details shown on their passport for international travel and
ID documents for local travel. Copies of such must be given at time
of enquiry, however if the client does not provide this and instructs
the Travel Agent to continue with the booking the client takes full
responsibility for any errors.
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 into the given
Country and boarding of an aircraft may be denied at any point even
if you have a valid visa. Furthermore, caution should be taken when
your countries of transit or final destination issue visa 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 Provider’s. Please advise your Travel Consultant how
far your pregnancy is when traveling, as some Service Providers
The Department of Home Affairs has issued requirements relating
to minors (children under 18 years) travelling internationally in
and out of South Africa. Should you be travelling with children,
please adhere to and provide these additional requirements; failure
to do so will result in passengers being declined boarding. Clients
must Please refer to http://www.dha.gov.za/
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 & it comes to
our attention we will convey it and/or the appropriate link to you.
However, it is the Client’s 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.
26. DRIVER’S LICENCE
An International Drivers Permit (IDP) is not a stand-alone document
or a substitute for a valid driving licence – you must carry
your domestic driving licence with your IDP at all times. IDPs do
not diminish your obligations to conform to the laws and regulations
of the countries you visit.
27. TRAVEL DOCUMENTS
Documents (vouchers, e-tickets, itineraries etc.) are only prepared
and released on receipt of payment of the Price in full. Upon receipt
of your travel documents, it is the Client’s duty to check
that all the details therein are correct.
28. 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 booking
on the Internet and the client may be required to lodge a currency
declaration (in the event of trans-border travel) with the Travel
Agent before the travel documents will be released.
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 as at January
2015 and may be adjusted 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 are able to show any customs official that they
purchased the foreign exchange they are carrying, failing which
it may be confiscated.
Should you experience any problems with your booking whilst you
are away, you must immediately inform the Service Provider of the
services in question. If you are still dissatisfied, you must notify
the Travel Agent immediately to enable the Travel Agent to help
to resolve the problem. Failure to do so may impede the Travel Agent
ability to be able to assist in this regard.
Stolen or lost baggage must be reported to the airline prior to
leaving the airport or to the Service Provider as soon as the damage
or loss is discovered. A police case number may be required.
The Travel Agent values your feedback. If you have a compliment,
complaint or wish to share your experience with the Travel Agent
please contact by email to firstname.lastname@example.org
30. 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. 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 take any legal steps
of any nature whatsoever pertaining to the Conditions.
The Client agrees that he/she and any members of its tour party
will at all times comply with the Travel Agent’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 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 Travel Agent against damages
suffered and/or costs incurred by the Travel Agent and/or any third
party as a result of a breach of this clause.
Subject to statutory constraints or compliance with an order of
court, the Travel Agent undertakes to deal with all Client information
of a personal nature on a strictly confidential basis.
Furthermore, as far as the Client's personal information and special
personal information is concerned, the Travel Agent will comply
with all provisions of the applicable privacy legislation such as
the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’])
and, in the case of residents of the European Community ('the EC'),
the General Data Protection Regulations of 2018 ('the GDPR') as
detailed in the Travel Agent’s Privacy
Policy which is available on our website(s) or from our Travel
Consultant(s) in store and is incorporated herein by reference and
which you are deemed to have read, understand and agree to be bound
33. 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:
1 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 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. 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.
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
34. DOMICILIUM ET EXECUTANDI
The parties elect their respective domicilium et executandi as reflected
on the Booking Form.
The Conditions and any intellectual property and specifically copyright
therein and any proposals, presentations, estimates, quotes and
itineraries provided by the Travel Agent shall remain the sole and
exclusive property of the Travel Agent.
The Client furthermore undertakes not to circumvent the Travel Agent
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 and quotes provided by
the Travel Agent with any of the Service Providers or any other
Service Providers or venues for a period of 1 (One) year from the
date of submission of any proposals, presentations, estimates and
quotes provided by the Travel Agent.
36. ENTIRE CONTRACT
The Conditions (together with all enquiries, advice, quotations
or estimates addressed to, provided by or bookings made and indemnities
signed and the Travel Agent’s Privacy
Policy) constitute collectively 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. The contra proferentem rule will not apply to the interpretation
of the Conditions. The Travel Agent reserves the right to revise
these conditions from time to time - each revision will be dated
and posted on its website.