1. Application

1.1.Any quotations, estimates, reservations, advise or services rendered by the Agent to the Client/Traveller or Traveller are subject to these terms and conditions.

1.2.Any person requesting Services from Jennys Travel or who actually partakes in the Services secured does so in the acknowledgment of the terms and conditions set our hereunder and confirm that such terms and conditions are binding on them.

1.3.Any person requesting Services on behalf of another warrants that they have the necessary authority to:

1.3.1.Consent to the application of these terms and condition; and
1.3.2.bind the person or entity on whose behalf they act to these terms and conditions.

1.4.Consequently, JENNY’S TRAVEL CC (hereinafter called “the Agent”) accepts instructions on the basis of and subject to the acceptance by the Client/Traveller of these terms and conditions only.

2.Definitions

2.1.In this Contract, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:

2.1.1.“the Agent” shall mean Jenny’s Travel CC its members, employees, contractors and/or anyone acting for or on behalf of the Agent;

2.1.2.“the Client” shall mean the person who applies (directly or indirectly) to the Agent for the Agent’s services. The aforesaid will include but is not limited to a person who applies for his/her own use or benefit or that of any other person and whether applying as principal, agent or sub-contractor. The Client shall include any other person on behalf of the Client or whom the Client, represents and includes the client as listed in the Agent’s Application to do Business form.

2.1.3.“The Itinerary” shall mean to include the travel arrangements arranged by the Agent on behalf of the Client/Traveller and shall include but not limited to dates and places of travel, mode of travel, accommodation, events, activities and excursions arranged by the Agent on behalf of the Client/Traveller.

2.1.4.The Traveller shall mean any person (whether or not such person is the Client) who utilizes or obtains any benefit from the Services of the Agent. The Traveller shall include a potential traveller.

2.1.5.“The Services” shall mean the service undertaken by the Agent on behalf of the Client or Traveller and shall include matters incidental thereto of whatsoever nature arranged or to be arranged by the Agent (whether directly or indirectly) to or for the Client or the Traveller. Without limiting the generality of the aforesaid, services shall include but not be limited to the providing of advice or information, the booking of accommodation, transport (whether by air, sea, land or otherwise), excursions, events, tour packages and tour operators, activities, transfers, the application for passports, visas or other travel documents, the arranging or obtaining of insurance, any other service or facility (even though not specifically requested by the Client or the Traveler) provided by the Agent or which the Agent in its sole and absolute discretion deems necessary or ancillary to the services requested, or anything else associated with or related to travel.

2.1.6.“The Supplier” shall mean the provider or supplier of tour packages, accommodation, transport, transfers, activities including sightseeing activities, excursions, events, travel packages and all other relevant or ancillary services or products related thereto arranged by the Agent on behalf of the Client/Traveller.

3.Booking Agent, Not Supplier

3.1.The Agent is not a carrier, transport service, tour operator or provider of accommodation or activities.

3.2.The Agent will arrange the Services only as agent for and behalf of the Client/Traveller, who accepts the same subject to these terms and conditions and those of each of the Suppliers. Any booking made by the Agent constitutes a contract between Client/Traveller and the Supplier only. The terms and conditions of the Supplier shall constitute a contract between the Supplier and the Client/Traveller and any right of recourse the Client/Traveller may have will be solely against the Supplier.

3.3.The Agent carries on business under the Code of Conduct as stipulated by the Association of South African Travel Agents (“ASATA”) and provides clients with travel and/or other services on behalf of Suppliers and/or other agents engaged in, or associated with the travel industry, including inter alia, airlines, tour operators, hotels and other accommodation, shipping companies, car hire and other providers of air, land, sea travel or any other travel arrangements, products or services.

3.4.The Agent will provide the Client/Traveller with the identity of the Supplier, and if possible and on request, the terms and conditions of the Supplier should such terms and condition be in the possession of the Agent. It is however the Clients/Travellers responsibility to familiarise itself with the Suppliers terms and conditions and to obtain further clarity regarding the terms and conditions imposed therein directly from the Supplier. The Agent accepts no responsibility for ensuring that the Client/Traveller complies with any of the terms and conditions required by the Supplier.

3.5.The Agent only acts as an intermediary between the Client/Traveller and Supplier, and accordingly, on receipt by the Agent of any request for the arranging of a Service, the Agent shall transmit any such request to the Supplier concerned and endeavour to secure timeously all reservations and arrangements. The Agent makes no warranty in respect of the services to be provided by the Supplier and the Agent shall not be liable in the event of any default, theft or loss of money and/or any losses or damages to person or property incurred by the Client/Traveller as a result of the actions or omissions of the Supplier.

3.6.To the extent that the Client/Traveller has a claim against the Supplier, then the Agent hereby cedes all right, title and interest against the Supplier to the Client/Traveller in order for the Client/Traveller to enforce their rights.

3.7.The Supplier may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate principals such as hotels, car hire, coach operators, airlines and other transport providers. The Client/Traveller therefore undertakes to secure comprehensive insurance to cover the Client/Traveller for any losses or damages to person or property.

4.Quotations

4.1.The Agent shall provide a written quotation on request to the Client/Traveller. Quotations are compiled based on the information provided by Suppliers and are subject to the terms and conditions as set by the Suppliers.

4.2.The prices quoted to the Client/Traveller are based on fares, hotel prices, fees and other relevant costs received by the Agent from the Supplier at the time of receipt of such prices from to the Supplier. In the event of there being any increase in any of amounts payable prior to the confirmation of any booking or in terms of the Suppliers terms and conditions, such variation shall be for the account of the Client/Traveller.

4.3.Although the Agent will attempt to ensure that the information provided by the Supplier is accurate and complete, the Agent does not warrant that the Supplier has provided it with the full disclosure of the Service to be provided including the costs thereof. In the event that additional costs other than those quoted upon are levied by the Supplier, the Agent will incur no liability therefore.

4.4.Quotations may also be subject to fluctuations in exchange rates resulting in changes to the amounts payable by the Client/Traveller. Such fluctuations will be for the account of the Client/Traveller.

4.5.A late booking fee may be charged in respect of bookings received within 7 (seven) working days prior to the departure date. This charge is levied to cover the time, communication, and other expenses involved.

4.6.The Agent does not warrant nor guarantee that prices as set out at the time of quotation to the Client/Traveller will remain fixed nor remain the same at the time of the acceptance of the quote by the Client/Traveller or on payment by the Client/Traveller. The final amounts payable are subject to the terms and conditions of the Supplier. Where possible, the Agent will advise the Client/Traveller of the period in which the quotation must be accepted by and when payment is required to be made in order to secure prices as set out in the quotation, however the Agent incurs no liability in this regard.

4.7.Unless specifically stated, quotations exclude any duties, taxes, imposts, fines, levies or outlays of whatsoever nature levied by the authorities at any port or place in connection with the Services, and the Client/Traveller will remain liable for the payment of any such additional amounts levied.

4.8.Any item not specifically listed on a quotation must be deemed to be excluded from the quoted price unless the Agent confirms in writing that a quoted price is inclusive of a service to rendered or a charge to be levied.

4.9.Quoted prices do not include travel to and from points of departure (airports, stations and ports) unless such is specifically stated in writing by the Agent.

5.Confirmation of bookings

5.1.Itineraries are only to be regarded as final once full payment has been received by the Supplier, the Supplier has confirmed the booking of the Service and issued a related voucher or airline e-ticket.

5.2.Wherever possible, the Agent will endeavour to confirm the status of any booking in writing, but does not warrant that it will also be able to do so. In such cases, failure to provide written confirmation shall not be considered to negate the validity and conditions of the booking or to constitute an act of negligence on behalf of the Agent.

5.3.Travel documents will not be issued until such time that full payment is cleared by Agent’s bankers and confirmed by the Supplier. The onus will be on the Client/Traveller to check that there have been no changes in the price prior to making full and final payment.

5.4.If the final payment is not received on time, travel documents can be delayed and may necessitate the use of a courier service, which will be for the account of the Client/Traveller. In addition delay in payment may result in the loss of bookings.

6.Itinerary election

6.1.The decision as to all travel arrangements lies solely with the Client/Traveller and the Client/Traveller takes full responsibility for the correctness of the Itinerary secured on its behalf inclusive of all details, travellers, dates, accommodation types and modes of transport.

6.2.The Client/Traveller acknowledges that he/she has selected the Itinerary based on information gleaned from brochures, the internet and/or any other medium/sources. The Client/Traveller also acknowledges that such information has been compiled and is managed by the Supplier over which the Agent has no control. Accordingly, the Agent cannot and does not warrant nor guarantee that information provided by the Supplier is true and correct nor that the itinerary and/or any destinations selected by the Client/Traveller will comply in whole, in part or at all with such information from the Supplier nor that Service booked on behalf of the Client/Traveller will meet the expectations of the Client/Traveller. Accordingly, any right of recourse in this regard will be against the Supplier and not the Agent and Client/Traveller absolves the Agent from any liability in this regard.

7.Change to Itineraries

7.1.A change to an Itinerary shall include but is not limited to a change to routes, dates, bookings, reservations, accommodation and accommodation types, mode of transport, number of persons travelling, activities or excursions or any other change to a Service secured regardless of the reason for the change or who is responsible therefore.

7.2.Any change to an Itinerary shall be at the risk of the Client/Traveller and are at all times subject to these terms and conditions and that of the Supplier.

7.3.In certain cases, changes to an Itinerary may result in forfeiture of payments already made or the negating of any discounts previously granted or special prices secured. The Agent accepts no liability in respect of the loss of any payments, discount or special prices and the Client/Traveller indemnifies the Agent fully in respect thereof.

7.4.In certain cases, the change to an Itinerary will be regarded by the Supplier as a cancellation of a booking or reservation and the Suppliers cancellation policy will apply in this regard. In certain instances the related ticket/voucher may need to be submitted for a refund and a new ticket/voucher purchased for the new the reservation. The Suppliers cancellation, rerouting and refund policy shall at all times apply to such matters.

7.5.Should the Itinerary constitute a group booking and the group number or travel details change, the Supplier may reserve the right to re- cost the amounts payable and raise a surcharge. Should the Client/Traveller or any party of the Client/Traveller’s group refuse to accept the re-costing or surcharges, it may result in the Supplier cancelling the entire booking and retaining any payment made.

7.6.The change to any Itinerary may result in additional charges being levied by the Supplier as well as additional taxes, costs and levies and the Client/Traveller shall be responsible for such additional amounts.

7.7.The Client/Traveller is advised that the change in one aspect of the Itinerary may have a cascading effect on other aspects of the itinerary and additional charges, costs, levies, penalties may be applicable as a result. The Client/Traveller accepts responsibility for such additional amounts.

7.8.In the event of a change to an Itinerary, the availability of seats, accommodation and activities are subject to availability and the Suppliers terms and conditions. The Agent can provide advice on the policies regarding a specific Itinerary on request, however it is the responsibility of the Client/Traveller to review the Suppliers terms and conditions prior to making any amendments to an Itinerary.

7.9.On request, the Agent shall assist the Client/Traveller in respect of any changes required and the Agent shall be entitled to charge a fee for the provision of such service. A schedule of fees is available on request.

7.10.The Client/Traveller or their agent can make most changes to Itineraries directly with the Supplier involved while they are travelling. Some arrangements may however only be changed through the Agent.

7.11.In certain instances, the Supplier retains the right to amend and alter bookings and reservations for whatsoever cause. This in line with the applicable terms and conditions.

7.12.In the event of there being required an extension to the reservation caused by flight delay, bad weather, strike, force majeure, government action, cancellation by the Supplier in line with its terms and condition, or any other cause, it is understood that expenses relating to these extensions ( including hotel accommodation, rebooking of itinerary items) will be for the account of the Client/Traveller.

8.Special requests

8.1.If the Client/Traveller has special requests the Client/Traveller must address such requests to the Agent in writing well before the departure date.

8.2.Whilst the Agent will use its best endeavours to accommodate special requests, it does not guarantee that it will be in a position to meet all such requests nor warrant that the Supplier will meet any such request or once approved by the Supplier, the Supplier will continue to honour such undertaking.

8.3.Special requests may also incur additional charges which shall be for the account of the Client/Traveller.

9.No Liability for Agent or Others

9.1.The Agent (both for itself and on behalf of its members, servants, employees, contractors and agents) does not accept any liability for any act, omission, default or neglect of the Agent, the Suppliers or their servants and agents which results in any injury, damage or loss to persons or property whatsoever and howsoever arising. In this regard the Client/Traveller, its successors, heirs and assigns, indemnifies and holds harmless to the fullest extent the Agent, its members, its servants, contractors and agents, from any loss or damages, whether direct/indirect or consequential, the Client/Traveller may incur both to person and property as a result of:

9.1.1. The actions or omissions of the Agent, its members, servants, employees, contractors and agents; or
9.1.2. the participation in any of the Services by the Client/Traveller; or

9.1.3.as the result of an omission or act of the Supplier of whatsoever nature including but not limited to the cancellation of any reservation.

9.2.The Client/Traveller undertakes to procure the necessary insurance to compensate it for any losses or damages it may incur as a result of the use of the Services or any act or omission of the Supplier or Agent.

9.3.In the event that the Client/Traveller acts on behalf of a minor or other persons, the Client/Traveller grants the indemnity and waiver referred to in 9.1 above and the undertaking referred to 9.2 for and on behalf of those parties.

9.4.The Agent does not warrant and is in no way responsible for the accuracy of any information given or statement made by the Agent’s, its members, employees, servants, contractors and agents, or given or made by the Suppliers or their officers, contractors, servants and agents.

9.5.The Agent is not liable for the cancellations, deviations, delays or failure to provide seats, berths or facilities, reservations, bookings, for the carrying or storing luggage or for failure to provide accommodation, howsoever such may arise.

9.6.The Agent is not liable in the event of any alteration or change of any kind made by any of the Suppliers following the acceptance of any booking by them.

10.Deposits

10.1.In order to commence with the provision of Services, the Agent may require a deposit. The deposit will be accepted in part-payment of the total costs incurred by the Client/Traveller in respect of fees due to the Agent for the Services and charges levied by the Supplier.

10.2.Payment of a deposit does not constitute confirmation of any booking or reservation.

10.3.In the event of any Supplier cancelling any arrangement made on behalf of a Client/Traveller, the Agent’s liability to refund any deposit received by the Client/Traveller to the Agent will be subject to a deduction of such sums, if any, as the Supplier may be entitled to be paid and the fees due to the Agent. The refund policy of the Supplier will apply in all cases read with clause 14 below.

10.4.The Agent reserves the right to cancel any reservation without prejudice, in the event of full payment or a deposit or part thereof not being received within the stipulated time frame. In certain instances, the failure to make payment in time may result in an automatic cancellation of any Service in terms of the terms and conditions of the Supplier.

11.Payments

11.1.Only payments made into the nominated bank account of the Agent will constitute payment to the Agent unless such payments are made directly to the Supplier by the Client/Traveller.

11.2.The Client/Traveller is advised of the prevalence of cybercrime and the Client/Traveller undertakes to take all reasonable measures to protect itself from such crimes.

11.3.The Client/Traveller is required to confirm telephonically the required bank account details in which any funds are to be deposited into prior to making payment. The Agent accepts no liability for payment of funds into the incorrect bank account of the Agent or Supplier and the Client/Traveller indemnifies and holds harmless the Agent in respect of any losses or damages incurred as a result of such action.

11.4.The total amount payable is not guaranteed until Services have been paid for in full and the booking is confirmed by the Supplier. Prices are subject to change as determined by the Suppliers terms and conditions.

11.5.As soon as the Agent receives full payment, it will begin ordering and issuing tickets/vouchers where applicable. Depending on the itinerary, please allow two to four weeks from the time of payment for tickets and/or e-ticket confirmations to be delivered. Tickets may be issued as paper tickets, e-tickets, or a mix of both. In respect of urgent travel requests, the Agent reserves the right to charge a surcharge.

11.6.The Client/Traveller irrevocably authorises the Agent to make payment to the Supplier from funds received from the Client/Traveller for the Services, once the Client/Traveller has informed the Agent to commence with the securing of the relevant service.

11.7.Final payment for any Service must be made upon confirmation of the booking, unless specific arrangements have been made with the Agent and such arrangement is confirmed in writing by the Agent. Final payment is based upon on the confirmed price from the Supplier, less any deposit paid, plus any additional charges that may have been incurred by the Client/Traveller.

11.8.Aside from passport, visa and other peripheral service fees (additional fees), the Agent reserves the right to claim late booking charges, communications, consultation, administration and amendment fees where applicable.

11.9.Failure to make payment timeously may result in the cancellation by the Supplier of the booking, the loss of reserved bookings pending payment, change to itineraries and/or the loss of discounts or special prices offered. In addition, the Agent reserves the right to cancel Services arranged, without notice, which are not paid for timeously by the Client/Traveller. In all cases, the Agent shall incur no liability in respect hereof and the Client/Traveller indemnifies the Agent fully in respect thereof.

11.10.In the event that the Agent makes payments to Suppliers on behalf of the Client/Traveller prior to the Client/Traveller reimbursing the Agent for such payments, the Client/Travellers undertakes to make payment to the Agent on receipt of the relevant invoice or as requested. In the event that the Client/Traveller fails to make the required payment by the required time, the Agent shall be entitled to cancel any Services secured for and behalf of the Client/Traveller without further notice to the Client/Traveller. The Agent shall not incur any liability in respect of such action and the Client/Traveller will still be liable to reimburse the Agent for any payments made on its behalf immediately notwithstanding the possibility of a refund.

11.11.When paying by credit card the Client/Traveller will be required to complete the Agent’s credit card/booking authorisation form and comply with the authorisation criteria as laid down by the respective Credit Card Companies, the International Air Transport Association (IATA) or the Supplier.

11.12.The Client/Traveller hereby indemnifies the Agent and agrees that the Agent will not be held liable in the event of the Client/Traveller’s credit card being compromised as a result of a fraud.

11.13.Any invoice and/or statement received by the Client/Traveller shall be immediately payable in full free from any deduction, set off or alteration.

11.14.All amounts for Services arranged for the Client/Traveller remain payable by the Client/Traveller whether or not used by the Client/Traveller until such time as the Supplier has confirmed that such is not payable by the Client/Traveller.

12.Overdue Accounts

12.1.Interest at 5% above the current prime bank overdraft rate charged by the Agent’s bank will automatically be applied to all overdue amounts.

12.2.In addition to any other rights granted to it in terms of law or these terms and conditions, the Agent reserves the right to suspend the provision of any services or cancel any Services secured on behalf of the Client/Traveller in the event of the Client/Travellers account being in arrears. Such suspension or cancellation will be without prejudice to the Agent and the Client/Traveller indemnifies that Agent fully in respect of any losses or damages incurred by the Client/Traveller or Agent.

13.Cancellations

13.1.All cancellations are subject to these terms and conditions and those of the Supplier.

13.2.Despite any cancellation, whatsoever the cause, the Client/Traveller will be liable for all expenses, fees and charges due to the Agent in respect of the provision of its services including the cancelling of any travel arrangements. In addition, the Client/Traveller will remain liable for all payments which the Supplier of Services may lawfully recover from the Client/Traveller.

13.3.The Agent will repay to the client any money held by the Agent on behalf of the Client/Traveller after deducting expenses, fees and payments due to the Agent.

13.4.In respect of monies of the Client/Traveller paid to Suppliers by the Agent, the liability of the Agent to make repayment to the Client/Traveller of such monies shall only occur once the Agent has received a repayment from the Supplier and in all cases the repayment will be limited to the amount actually received from the Supplier less permitted deductions. For the avoidance of doubt, any refund received will first be used to settle any amounts outstanding on the Client/Travellers account and the balance, if any, will be paid to the Client/Traveller.

13.5.The Agent reserves the right to discontinue and summarily cancel any Service in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Any bookings cancelled after confirmation may be subject to a cancellation fee. These vary from Supplier to Supplier and should be verified by the Client/Traveller at the time of booking and/or prior to cancellation.

13.6.The Agent may apply for the refund on behalf the Client/Traveller however, refunds are subject to the terms and conditions of the Supplier and the Client/Traveller is referred to the refund clause below.

14.Refunds

14.1.Refunds are at all times subject to the terms and conditions set by the Supplier and the Agent takes no responsibility nor warrants nor guarantees the payment of a refund from the Supplier.

14.2.Some reservations are completely non-refundable. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government action will not entitle the Client/Traveller to any refund in the case of non- refundable tickets/vouchers nor of waiving the cancellation penalties in the case that the tickets/vouchers can be refunded. If tickets/voucher can be refunded, cancellation penalties are imposed by the airline and can take as long as 6 (six) months to a year or longer to obtain from the airline. Trip cancellation and interruption insurance is therefore highly recommended. For the best coverage, travel insurance should be purchased at the same time as the airline tickets.

14.3.When requested, the Agent will endeavor to assist the Client/Traveller with the securing of a refund. The Agent only acts as an intermediary and can only assist in processing and following up on Client/Traveller’s request for a refund.

14.4.Any refund received by the Agent on behalf of the Client/Traveller will be refunded to the Client/Traveller subject to an administration fee up to 10% payable to the Agent, which is calculated on the value of the ticket/voucher submitted for refund or the amount of the refund claimed, whichever is the larger amount.

14.5.No refunds will be payable to the Client/Traveller by the Agent unless the Agent has received the refund payment from the Supplier.

14.6.The above administration fee will be deducted from any amount received by the Agent on the Clients/Travellers behalf and the balance will be paid to the Client/Traveller. In the event that the Supplier pays the refund directly to the Client/Supplier and the Agent has assisted in the securing of such refund, the Client/Traveller undertakes to pay the required administration fee to the Agent on receipt of a invoice reflecting the amount owed.

14.7.The administration fee of the Agent is over and above any cancellation fee which may be charged by the Supplier.

14.8.Refunds are subject to delays of approximately 2 weeks but may take longer and are dependent solely on the actions of the Supplier.

15.Airline Travel

15.1.Airlines generally reserve the right to withdraw/change airfares, cancel and delay flights and reassign seats or airplanes, without notice. The Agent shall not be responsible for any such changes or for any losses incurred as a result. Any claims related hereto will be against the airline concerned.

15.2.The Agent cannot guarantee airfares, airport taxes and fuel surcharges or that flights will not be cancelled or delayed or that reserved seats will be available at the time of travel as such is subject to the terms and conditions of the specific airline.

15.3.Certain destinations may also require a departure or arrival tax which is payable locally upon departure or arrival, in cash. These are not included in the prices quoted.

15.4.Prices are subject to change without notice until payment has been received in full and are further subject to the terms and conditions of the respective airlines.

15.5.Changes to airline bookings will be subject to the airline’s terms and conditions. In certain cases, the airline with levy a charge or penalty on any changes made. The Client/Traveler will be liable for such changes/penalties and will pay such on demand.

15.6.The terms and conditions of the respective airlines are available on their websites or by direct inquiry to them and the Client/Traveller undertakes to familiarise themselves with the applicable terms and conditions.

15.7.The Client/Traveller takes full responsibility to ensure that the Traveller is aware of boarding times and airline requirements in respect of arriving timeously at points of departure. In addition, the Traveller undertakes to be aware of the baggage requirements and limitations including prohibitions on contents of the baggage.

15.8.The Agent has an information document on its Web page, entitled AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES, which the Client/Traveller has studied, and which document shall be incorporated in this agreement by reference.

15.9.Assigned or booked seats are not guaranteed and are subject to the terms and condition of the airline. In certain cases, airlines required additional fees to secure specific seats and the Client/Traveller undertakes to be liable for any such additional costs levied should the Client/Traveller require reservation of an assigned seat.

15.10.The Agent takes no responsibility for reconfirming flights or for advising the Client/Traveller of airline schedule changes. Standard airline rules in effect in most countries require that international flights must be reconfirmed directly with the airlines concerned at least 72 hours prior to departure of each flight or the airline(s) may cancel the reservation. The Client/Traveller should plan on contacting each airline concerned by phone or at a city ticketing office at least three days before the flight to reconfirm and check for any schedule changes. The Agent recommends that clients/Travellers reconfirm each flight, even if the airline says that it is not required.

16.Cruises

16.1.Cruise line operators have their own terms and conditions and these will be applicable at all times to all bookings secured on behalf of the Client/Traveller. In addition to the applicable terms and conditions of the cruise line operator, certain cruise lines have Conditions of Carriage that are applicable to their cruises. The Client/Traveller takes responsibility to familiarise themselves with the terms of such conditions.

16.2.Cruise ship operations are affected by factors beyond the cruise operations control, such as weather and sea conditions, mechanical problems, the duty to assist ships in distress, instructions of the port authorities relating to departure and/or arrival and/or stoppages, the availability of port facilities or any unavoidable and/or extraordinary Circumstances. It may also be necessary for a cruise operator to change the date, time or otherwise of the scheduled cruise for operational, commercial or safety reasons and cruise operators reserve their right to do so without incurring liability in respect of same.

17.Car Hire

17.1.Car Hire is subject to the terms and condition of the relevant supplier. All car hire is at the sole risk of the Client/Traveller.

17.2.The Client/Traveller is advised that car hire companies place a limitation on the insurance cover provided on general bookings and that additional insurance is required to cover for all eventualities. Client/Traveller.

17.3.The Client/Traveler is advised that insurance cover provided by the Supplier will in most cases not cover damages to vehicles incurred when no other vehicle is involved, do not cover windscreen repairs or replacements, rim damages as well as other exclusions. It is the traveler’s responsibility to acquaint him or herself with such exclusion and ensure that comprehensive cover is obtained for all eventualities.

17.4.All car hires booked on the Agents account with the car hire company will require the Client/Travel to take out compulsory insurance as determined by the Agent. Any insurance premiums related thereto for the account of the Client/Traveller. Any excess in relation to such insurance will be for the account of the Client/Traveller.

17.5.The Client/Traveller undertakes to fully equate itself with the terms and limitations of any insurance policy provided by the car hire policy and to take additional insurance should it require same.

17.6.Car Hire companies may further require over and above the quoted rental rate that certain mandatory insurance must be taken out by the Client/Traveller. The Client/Traveller will be liable for any such charges.

17.7.Car Hire companies may further levy additional charges in terms of its terms and conditions and the Client/Traveller shall be liable for such charges.

17.8.Any penalties/fines/damages or other associated costs or charges incurred by the Traveller as a result of the use of the hired vehicle is for the account of the Client/Traveller.

18.Events, activities and excursions

18.1.The booking of events, activities and excursions are done through third parties Suppliers on behalf of the Client/Traveller. In some cases, the event, activity or excursion is booked on the Clients/Travellers behalf by the Supplier acting as agent for other persons or entities.

18.2.The attendance to any such event, activity or excursions are at the sole risk of the participant and the Agent makes no warranty as to the safety or risk associated in respect of the participation in event, activity to excursion. The Client/Traveller is responsible to determine the risks associated with any event, activity or excursion and hereby indemnifies the Agent, on behalf of him/herself and any person participating with them to the fullest extent should the participant incur any loss or damages as result of participating in such an event, activity or excursion.

18.3.The Agent does not warrant nor guarantee that the event, activity or excursion shall meet the expectation of the participant nor that such event, activity or excursion will actually be proceeded with. All activities, event and excursions are subject to the terms and conditions of the actual Supplier thereof including amendment of pricing.

18.4.The Agent further takes no liability for the veracity of any tickets/vouchers secured for any event, activity or excursion and the Client/Traveller indemnifies that Agent in respect thereof.

18.5.The Agent accepts no responsibility for lost tickets, vouchers or event passes the replacement of which is in terms of the Supplier terms and conditions.

19.Insurance

19.1.The Client/Traveller takes full responsibility and undertakes to take out appropriate travel insurance for the duration of the period of travel in order to mitigate any losses or damages it may incur.

19.2.The Agent advises that:

19.2.1.insurance taken out should cover all travellers and should include but be not limited to provide cover for refusal or cancellation of visas, refusal of entry, cancellation due to illness, worldwide epidemics such as SARS, Coronavirus, and other dieses, accident or injury, personal accident and personal liability, loss of or damage to property including baggage and sports equipment and loss as result of cancellation of bookings;

19.2.2.in certain instance, required Visa can only be applied for on proof that the Traveller has, prior to the application for a Visa, secured the necessary airline reservation. Insurance to cover the denial of a Visa application must be secured to cover the Traveller for any subsequent loss as a result;

19.2.3.the Client/Traveller should take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. Kindly check with the respective credit card company directly to obtain specific details of the complimentary cover; and

19.2.4.the Client/Traveller must inquire from his/her medical aid in respect of the requirements for the cover for international travel.

19.3.On request, the Agent may assist the Client/Traveller in obtaining travel insurance quotes subject to the understanding that all decisions related to insurance are solely within the decision making of the Client/Traveller. All queries concerning insurance must be addressed to the insurer and the Agent will not in any way be held liable for any information advanced by its staff in regard to insurance. The Client/Traveller undertakes to do its own due diligence in respect of the insurance and the Agent will incur no liability and the Client/Traveller holds the Agent harmless in respect of the insurance selected by the Client/Traveller.

19.4.The insurance agreement entered into by the Client/Traveller is an agreement between the Client/Traveller and the Insurer and the Agent is not party thereto. Should the insurer dispute their liability for any reason, the Client/Traveller will have recourse against the insurers only and the Agent will not be under any responsibility or liability whatsoever in relation thereto.

19.5.Client/Travellers are advised that certain activities, venues or travel destinations may be regarded as high risk by insurance companies and the taking part in such activities or attendance at such destinations may negate any insurance cover. The Client/Traveller undertakes to confirm with the relevant insurer that the activity or destination is covered by the insurance policy prior to parting in such activity or attending at such destination.

20.Conduct

20.1.In general, the Client/Traveller agrees not to in any way constitute a nuisance or danger to any other person participating in any Service.

20.2.The Client/Traveller agrees that he/she will at all times comply with the Agent’s or the Supplier’s requirements in regard to the conduct expected of the Client/Traveller and the Client/Traveller acknowledges that the failure to adhere to any such code of conduct may result in the cancellation of any reservation and or Services to be provided which may result in the forfeiture of all monies paid as will additional charges.

21.Verification of Client’s/Travelers’ Names and Travel Details

21.1.It is important that the Client/Traveller provides the Agent with the Client’s/Travellers’ names as per the passenger/s travel documents (South African ID or passport). Failure to do so could result in denied boarding or deportation due to name mismatch information. It is the Client’s/Travellers responsibility to confirm that all of the travel arrangements, itinerary details, documents and the information thereon contained are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s to be submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by the Client.

22.Passports, Visas and other travel requirements

22.1.The Client/Traveller takes full responsibility to ensure that he/she is in possession of all the necessary visas and travel permits for all countries that the Client/Traveller will be travelling to or transiting through.

22.2.Visa and entry requirements may vary depending on the nationality of the Client/Traveller, the length of stay, and the purpose of the visit, among other factors and should be confirmed with the relevant country by the Client/Traveller.

22.3.Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved or from a visa service company. It is entirely the Client/Travellers duty to ensure that all passports and visas are current, valid, obtained on time and that the Client/Travellers passport will remain valid for period as stipulated by the country visited. The Agent recommends that the passport should be valid for six months to one year after Client/Travellers returns to their home country (however specific countries and regions may have other requirements) and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.

22.4.The Client/Traveller are advised that certain specific requirements may be applicable when travelling with minors and the Client/Traveller takes full responsibility for ensuring compliance with any such regulations.

22.5.The Client/Traveller is also advised that certain countries require proof of funds, proof of residence (both home and place of residence while travelling) and proof of employment in country of origin. Such requirements can be obtained from the consulate or embassy in question and the Client/Traveller takes full responsibility to ensure that such regulations are complied with.

22.6.The Client/Traveller undertakes to make inquiries regarding travel documents requirements prior to instructing the Agent to secure any Services. The Agent shall not be liable for any losses or damages incurred by the Client/Traveller in the event that travels documents are not secured prior to travel and all fees due to the Agent shall remain payable should travel be cancelled due to the failure to secure the required travel documents.

22.7.The Client/Traveller is advised that certain visa applications (including Schengen visa’s) may require that the Client/Traveller to have already purchased airline tickets and secured accommodation prior to making an application to for a visa. The purchase of tickets and reservation of accommodation in this manner is solely at the risk of the Client/Traveller and Client/Traveller is advised that appropriate insurance should be taken out prior to purchasing tickets in this manner.

22.8.The Agent will endeavour to assist the Client/Traveller, but such assistance will be at the discretion of the Agent and the Client/Traveller acknowledges that in doing so, the Agent is not assuming any obligation or liability and the Client/Traveller indemnifies the Agent against any consequences of non-compliance. Without limiting the generality of the aforementioned, the Agent will not be held liable for:

22.8.1.Denial of Client/Traveller’s visa application for any reason;
22.8.2.Delay of issuance of Client/Traveller’s visa by the relevant consulate or High Commission;
22.8.3.Loss of Client/Traveller’s passport(s) by the consular offices and/or courier;
22.8.4.Change in visa costs and requirements;
22.8.5.Financial losses incurred as a result of a visa application being denied or Passport application delays;
22.8.6.Incorrect issuance of passport or visa.

22.9.Client/Traveller is advised that the Traveller would be required to show the Travellers identity document/passport and that of each member of travelling party and in certain cases the Client’s/Travellers credit card at the check-in counter of the airline concerned, the accommodation booked or the activity reserved. Please note that airlines also require presentation of acceptable identity documents /passports at the time of boarding and will refuse boarding should such not be available.

22.10.Other documents that may be required for a Travellers journey are identity documents, an international driver’s license, inoculation certificates and hotel, car and tour vouchers. Client/Traveller undertakes and is solely responsible to ensure that all required documents are in order, correct and valid in terms of applicable requirements of the country of travel and the Supplier.

23.Inoculations and Disease

23.1.The Client is advised that certain countries require proof of inoculation to be allowed entry and failure to provide will result in a denial of entry, deportation, additional costs and possible forfeiture of all reservation and bookings and payment made. The client undertakes to make the necessary inquires in this regard.

23.2.Certain parts covered by the Client’s/travellers Itinerary may be areas where there is a high-risk of malaria yellow fevers and other tropical diseases. The Agent strongly recommends that the necessary precautions be taken in this regard and recommend that the Client/Traveller check with his/her medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in such countries, any other tropical or sub-tropical destination. If Client/Traveller has not done so prior to departure, it is imperative Client/Traveller do so upon Client/Traveller’s return.

24.Foreign currency

24.1.Foreign currency may be purchased up to 60 days prior to departure. Foreign exchange regulation compliance is Client/Traveller’s exclusive duty. This will apply especially when Client/Traveller instructs the Agent to make and pay for travel arrangements on their behalf.

24.2.The Client/Traveller is advised that certain countries require proof of minimum amounts of disposable income/funds in order to allow entry. In addition certain countries limit the amount of cash permitted to be in the possession of a Traveller and that amounts are required to be declared on arrival at points of entry. The Client/Traveller undertakes to ensure that he/she comply with such requirements.

25.Confidentiality and POPI Act

25.1.Subject to statutory constraints or compliance with an order of court, the Agent undertakes to deal with all Client/Traveller’s information of a personal nature on a strictly confidential basis in terms of the Agent’s privacy policy published on the Agent’s website which the Client/Traveller/Traveller agrees to.

25.2.In addition to the privacy policy of the Agent, in the performance of its services, the Agent will collect personal information from the Client/Traveller. In this regard Client/Traveller hereby agrees:

25.2.1.to the collection, storage and processing of personal information;
25.2.2.to the use and processing of such information for the purposes of delivering the services undertaken by the Agent; and
25.2.3.to the transmitting of such information to Suppliers and other third parties for the purposes of securing Services, which in some cases will require the transmission of personal information to foreign countries.

25.3.The Client/Traveller acknowledges that Agent in delivering the Services, will deal with Suppliers which are located in countries that do not have as advanced protection of information legislation and systems. Therefore, where the requested Service requires that personal information be sent to a foreign recipient, the Client/Travellers agrees that this is at the risk of the Client/Traveller and the Agent will not be liable or accountable for how those recipients handle the Client/Travellers personal information. The Client/Traveller undertakes to do its own due diligence in this regard and inform the Agent should it not consent to any information being sent to a foreign country.

25.4.In the event that the Client/Traveller acts on behalf of a minor or any other person that is incapable of providing the above consents/indemnity, the Client/Traveller consents thereto on their behalf.

26.Internet bookings made on the Client/Travellers behalf

26.1.If the Client/Traveller requests or instruct the Agent to make bookings directly on a Suppliers internet site, the Agent is irrevocably authorised to do the following on the Travellers behalf:
26.2.make any selections of and for the booking;
26.3.make payments; and
26.4.accept booking conditions.

26.5.The Client/Traveller also consents and acknowledges to having read the terms and conditions, including the fare rules for the Supplier in question, and irrevocably consent to being bound thereto.

27.Interpretation, law applicable and jurisdiction

27.1.Words implying the singular, shall include the plural and vice versa, words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa.
27.2.This agreement is governed by South African Law. The Parties hereby consent to the jurisdiction of the appropriate Magistrate’s Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business.

27.3.This document reflects the only and full agreement between the Client/Traveller and the Agent and 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.
27.4.Client/Traveller acknowledges that Client/Traveller has not relied on any matter or thing stated on behalf of the Agent or otherwise that is not included herein.

27.5.No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing and signed by a member of the Agent.

27.6.In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by the Agent, this document will always have preference.
27.7.Client/Traveller will be liable for all legal fees of an attorney and own client scale in the event that the Agent has to engage an attorney to enforce or defend any of its rights or otherwise.
27.8 The document attached and entitled AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES and CAR HIRE TERMS AND CONDITIONS is herewith incorporated by reference and will form part of this agreement as if specifically incorporated.