STANDARD TERMS AND CONDITIONS
JENNY’S TRAVEL CC (hereinafter called “the Agent”) accepts instructions only on the following conditions:
In this Contract, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:-
“The Agent” shall mean Jenny’s Travel CC and/or anyone acting for or on behalf of the Company, provided such person has been duly authorized and is acting within his or her scope of duty.
“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 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 in the Agent’s Application to do Business form.
“The Conditions” shall mean these terms and conditions and those of the Principal, where applicable;
“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.
“The Services” shall mean any travel or other service facility, product or matter 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. The aforesaid shall include inter alia but not be limited to the providing of advice or information, the booking of reservations for accommodation, transport or the like (whether by air, sea, land or otherwise), the application for passports, visas or other travel contracts, 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 of facilities requested, or anything else associated with or related to travel.
“The Supplier” shall mean the provider of accommodation, transport, and all other relevant services or products arranged by the Company, or any services ancillary thereto provided by the Principal or any other party.
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
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1. Booking agent, not Supplier
The Agent is not a carrier or a keeper of inns, hotels, refreshment, boarding or lodging houses. The Agent will arrange the services only as agent for its Clients, who accept the same subject to these terms and conditions and those of each of the Supplier with whom the Agent may make arrangements for its Clients.
1.1 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, shipping companies, car hire and other providers of air, land, sea or any other travel arrangements, products or services. The Agent will provide you with the identity as well as terms and conditions of all Suppliers, if such terms and conditions are in the possession of the Agent, and it is your responsibility to familiarise yourself with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed therein.
1.2 The Agent only acts as an intermediary between the client and Third Party Suppliers, and accordingly on receipt by the Agent of any request for a booking(s) in a brochure or tailored quote, the Agent shall transmit any such booking to the Supplier concerned and endeavour to secure timeously all reservations and arrangements. The Agent shall not be liable in the event of default and/or theft of money and/or any liability as a result of non-performance by the Supplier. To the extent that the Client has a claim against the Supplier, then Agent hereby cedes all right, title and interest against the Supplier to the Client in order for the Client to enforce their rights.
1.3 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 and coach operators, and it is therefore recommended that appropriate insurance be taken out by all Clients/travellers.
2 The Agent furthermore do not accept liability for any actions, errors or omissions of the Suppliers and/or their agents, which may be prejudicial to the Client or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damage to your belongings whatsoever and you indemnify the Agent accordingly. The conditions of the Supplier shall constitute the sole contract between the Supplier and the Client and any right of recourse the Client may have, will be solely against the Supplier.
2.1 The Agent shall provide a quotation to its client/traveller.
2.2 Quotations exclude any duties, taxes, imposts, fines or outlays of whatsoever nature levied by the authorities at any port or place in connection with the goods, and the customer must reimburse the carrier for any such amount disbursed or losses sustained by the carrier in connection therewith.
2.3 The Agent will not be bound by any quotation which has not been accepted by the client/traveler within 30 days.
2.4 All quotations are subject to amendment on such terms and conditions as prescribed by the Supplier.
2.5 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 these Standard Terms and 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.
3. Destination election
The Client acknowledges that he/she has selected the itinerary and destination(s) constituting the booking based on information gleaned from brochures, the Internet and/or any other medium/source. The Client also acknowledge that such brochures and/or the Internet have been compiled and are managed by the Supplier over which The Agent has no control. Accordingly, the 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 Providers.
While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.
5. Date changes
The Client or their agent can make most date changes directly with the airlines involved while they are travelling. Some dates may only be changed through the Agent. Availability of seats and date change fees are subject to the airlines’ policies and fare rules. The Agent can advise about the policies regarding a specific itinerary on request. The Agent can assist in making the Client’s date changes for a fee (schedule of fees available) in addition to the date change fees charged by the carrier. Some airlines may not allow date changes. In order to change the travel dates of such tickets, the ticket must be submitted for a refund and a new ticket purchased for the new travel dates.
6. Routing changes
Once tickets have been issued, routing changes (including adding, removing, or changing stopovers or connections) may not be permitted by all airlines. If a routing change is needed, the ticket may need to be submitted to us for a refund and a new ticket purchased for the new travel routing.
The Client agrees that he/she will at all times comply with the Agent’s or the Supplier’s requirements in regard to the Client’s conduct and the Client will not in any way constitute a nuisance or a danger to any other passenger on the trip.
8. Special requests
If the Client has special requests the Client must address such requests to the Agent in writing well before the departure date. Whilst the Agent will use its best endeavours to accommodate such requests, it does not guarantee that it will be in a position to meet all demands.
9. No liability for delays
The Agent is not liable for the cancellation of journeys, deviations, delays or failure to provide seats, berths or facilities for carrying or storing luggage or for failure to provide accommodation, howsoever the same may arise. 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. Clients are responsible for any increase in charges which the Suppliers may be entitled to require.
10. No liability for agent or others
The Agent (both for itself and on behalf of its servants and agents) does not accept any liability for any act, omission, default or neglect of the Suppliers or their servants and agents for any injury, damage or loss to persons or goods whatsoever and howsoever the same may be caused, and 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 servants and agents, or given or made by the Suppliers or their servants and agents.
11. Bookings, change of arrangements, routes and prices
11.1 “The booking” or “the reservation” refers to part, or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a client with Suppliers, and excludes services of a peripheral nature. Any booking made by the Agent constitutes a contract between you and the Supplier and is consequently subject to the terms and conditions of the Agent and such Suppliers’ conditions of agreement of business.
11.2 Wherever possible, the Agent will endeavour to confirm the status of any booking in writing, but we may not always 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.
11.3 In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of the Agent, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for your account.
11.4 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 communication and other expenses involved. An amendment fee may be levied for any changes to the confirmed itinerary in the event that they are received within 7 (seven) working days prior to the departure date.
11.5 Notwithstanding anything contained to the contrary herein, unless full payment is due at the time of making the booking, all bookings must be accompanied by the requested deposit or guarantee. The Agent reserves the right to cancel any booking without prejudice, in the event of full payment or a deposit or part thereof not being received. The price quoted to the Client is based on fares, hotel prices, land costs and other relevant costs at the date of the Agent’s quote. In the event of there being any increase in any of the a foregoing costs prior to the issuing of the documents, such variation shall be for your account and payable on request by the Agent, and shall also be applicable to an increase in the price(s) quoted arising from the fluctuation in rates of exchange.
11.6 Documents will not be issued until such time that full payment is cleared by Agent’s bankers. 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, airfares are subject to the fare and fare rule conditions quoted by the airlines and cannot be guaranteed by the Agent. Should the client’s booking be a group booking and the group number deviates from the number required for the booking, the Supplier may reserve the right to re-cost the price and raise a surcharge. Should the Client or any party of the Client’s group refuse to accept and pay such surcharge, it may result in the Supplier cancelling the booking and retaining any payment made. The Agent will be entitled to retain any service fees charged.
The Agent will negotiate for tickets, bookings and reservations only on payment to the Agent of a deposit. The deposit will be accepted in part-payment of the total costs incurred by the Clients, but receipt of a deposit does not constitute acceptance of any booking. In the event of any Supplier cancelling any arrangement made on behalf of a Client, the Agent’s liability to refund the amount of any deposit paid by the Client to the Agent will be subject to a deduction of such sums, if any, as the Supplier may be entitled to be paid.
Prices are not guaranteed until tickets have been paid for in full and issued, and are subject to change at any time until then. As soon as we receive payment, we will begin ordering and issuing tickets. Depending on the itinerary, please allow two to four weeks from the time payment reaches us for tickets and/or e-ticket confirmations to be delivered. Tickets may be issued as paper tickets, e-tickets, or a mix of both.
13.1 Final payment for any booking must be made upon confirmation of the booking, unless specific arrangements have been made with the Agent and such arrangement confirmed in writing by the Agent. Final payment is based upon on the quoted and confirmed price, less any deposit paid, plus any additional charges that may have been incurred. Aside from passport, visa and other peripheral service fees (additional fees), the Agent reserves the right to claim the late booking charges, communications, consultation, administration and amendment fees where applicable. 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 your account or the Agent may cancel the booking. Late payment may also result in cancellation of the reservation by the Suppliers.
13.2 When paying by credit card you 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 and/or the International Air Transport Association (IATA).
13.3 Interest at 5% above the current prime bank overdraft rate charged by the Agent’s bank will automatically be applied to all overdue amounts. Any invoice and/or statement received by the Client shall be immediately payable in full and no deduction or alteration may be made by the Client should all or any part of the services booked by the Agent be unused for any reason.
Any cancellation made by the client must be in writing, and the client will be liable for all expenses incurred by the Agent in respect of making the bookings and cancelling the same and for all payments which the Travel Services may lawfully require by reason of the cancellation. The Agent will repay to the client any moneys held by the Agent after deducting the said expenses and payments, and in any event will not be required to make repayment until the Agent has received payment from the Travel Services of such moneys as may be due to the client following such cancellation.
14.1 Failure to cancel will result in the total booking cost being payable.
14.2 The Agent reserves the right to discontinue and summarily cancel any agreement 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 at the time of booking.
14.3 The Agent may apply for the refund on your behalf however, the Agent is not responsible should this application be denied for any reason.
14.4 Some tickets are completely non-refundable according to airline fare rules. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government travel warnings will not entitle the Client to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded. If tickets can be refunded, cancellation penalties can be up to 70% of the cost of the tickets 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.
15.1 Assistance to obtain travel insurance is available on request. It shall not be obligatory upon the Agent to effect insurance for you. The Agent shall not be obliged to obtain separate cover for any risks so excluded.
15.2 The Agent shall not be under any obligation to affect a separate insurance for each customer, but may declare it on any open or general policy. Should the insurers dispute their liability for any reason, you will have recourse against the insurers only and the Agent will not be under any responsibility or liability whatsoever in relation thereto.
15.3 The Agent will not be responsible if the Client fail to take adequate insurance cover. Queries must be addressed to the principal insurer, as the Agent shall not in any way be held responsible for any and/or all information advanced by its staff in this regard.
15.4 The Agent strongly recommends that travel insurance be purchased for the duration of the client’s journey. Insurance can only be purchased prior to departure. Insurance options should be discussed with your travel consultant. The Agent urges the Client to 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.
16. Reconfirming flights/tickets
The Agent takes no responsibility for reconfirming flights or for advising the client/traveller of airline schedule changes once the tickets have been issued. 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 your reservations. 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.
17. Verification of Client’s/Travellers’ Names and Travel Details
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 responsibility to confirm that all of the travel arrangements, itinerary details and documents 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 is 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.
18. Passports, visas & health
18.1 The Client is responsible for obtaining any necessary visas and travel permits for all countries that the Client will be travelling to or transiting through, and for informing yourself/selves as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on the nationality of the Client, the length of stay, and the purpose of the visit, among other factors. 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’s duty to ensure that all passports and visas are current, valid, obtained on time and that the Client’s passport will be valid for six months to one year after Client’s return to Client’s home country 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. The Client should check the requirements with the Agent before travelling. The Agent is not lawyers, and nothing the Agent says should be interpreted as legal advice concerning visas, entry requirements, immigration, or residency. The Agent will endeavour to assist the Client but such assistance will be at the discretion of the Agent and the Client acknowledges that in doing so, the Agent is not assuming any obligation or liability and you indemnify the Agent against any consequences of non-compliance. It is the duty of the Client to familiarise himselfherself with the inherent dangers of and mental and/or physical condition required for the Client’s proposed travel arrangements.
18.2 The Agent cannot be held responsible for the:
- Denial of Client’s visa application for any reason;
- Delay of issuance of Client’s visa by the relevant consulate or High Commission;
- Loss of Client’s passport(s) by the consular offices and/or courier;
- Change in visa costs and requirements;
- Financial losses incurred as a result of a visa application being denied; * Passport application delays;
- Incorrect issuance of passport or visa.
19. Malaria and other tropical diseases: WARNING
Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The Agent strongly recommend that the necessary precautions be taken in this regard and recommend that the Client check with his/her 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 Client has not done so prior to departure, it is imperative Client do so upon Client’s return.
20. Other documents
Other documents that may be required for Client’s journey are Client’s identity document, an international driver’s license, inoculation certificates and hotel, car and tour vouchers. Client must ensure that Client check all of these documents at the time of issue where applicable, prior to Client’s departure.
21. Third party service providers default/involuntary schedule changes
Agent takes no responsibility in the event of an airline or any other third Party’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers this default is highly recommended.
Airline tickets presented for refund are subject to delays of approximately 2 weeks but could take longer. The Agent is unable to refund monies before receipt of funds from the relevant Third Party Service Providers. All refunds are subject to a 10% administration fee payable to the Agent, which is calculated on the value of the ticket submitted for refund or the amount of the refund claimed, whichever is the larger amount. This fee is over and above any cancellation fee which may be charged by the Third Party Service Provider to whom the refund is submitted. Refunds by the Third Party Service Provider will be subject to their terms and conditions which Client is responsible for familiarising him/herself with. The Agent only acts as an intermediary and can only assist in processing and following up on Client’s refund. In no way whatsoever does the Agent or any of its employees guarantee a refund unless it is reduced to writing and provided by the Third Party Service Provider.
23. Foreign currency
May be purchased up to 60 days prior to departure. Foreign exchange regulation compliance is Client’s exclusive duty. This will apply especially when Client instructs the Agent to make and pay for travel arrangements on the Internet.
Subject to statutory constraints or compliance with an order of court, the Agent undertakes to deal with all Client’s information of a personal nature on a strictly confidential basis in terms of the Agent’s policy published on the Agent’s website.
25. Internet bookings
If you request or instruct the Agent to make bookings via the Internet, you irrevocably authorise the Agent to do the following on Client’s behalf:
25.1 make any selections of and for the booking;
25.2 make payments; and
25.3 accept booking conditions.
You also consent and acknowledge to having read the terms and conditions, including the fare rules for the airlines in question, and irrevocably consent to being bound thereto.
The Client hereby indemnifies the Agent and agrees that the Agent will not be held liable in the event of the Client’s credit card being compromised as a result of a fraud, duplicating etc.
Client must be ready to show Client’s identity document/passport and that of each member of Client’s party and possibly Client’s credit card at the check-in counter of the airline concerned. Please note that airlines also require presentation of your identity document / passport at the time of boarding.
27. Important notes
Airlines reserve the right to withdraw airfares without notice. Agent cannot guarantee airfares, airport taxes and fuel surcharges until paid in full and the air tickets have been issued. Certain destinations may also require a departure tax which is payable locally upon departure in cash. These are not included in the prices quoted. Prices are subject to change without notice until payment has been received in full, whether a reservation has been made or not. By accepting this confirmation and offering payment therefore it will be deemed that Client has read, understood and accept Agent’s terms and conditions. The Agent has an information document on its Web page, entitled AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES, which the Client has studied and which document shall be incorporated in this agreement by reference.
28. Interpretation, law applicable and jurisdiction
28.1 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.
28.2 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.
28.3 This document reflects the only and full agreement between the Client 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.
28.4 Client acknowledge that Client has not relied on any matter or thing stated on behalf of the Agent or otherwise that is not included herein.
28.5 No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing.
28.6 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.
28.7 Client 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.
Notice of liability limitations
1. The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
2. Where the Montreal Convention applies, the limits of liability are as follows:
2.1 There are no financial limits in respect of death or bodily injury. In respect of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,200; US $1,470) per passenger in most cases. For damage occasioned by delay to your journey, 4,150 Special Drawing Rights (approximately EUR 5,000; US $6,000) per passenger in most cases.
2.2 EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.
3. Where the Warsaw Convention system applies, the following limits of liability may apply:
3.1 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
3.2 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage. The carrier may also be liable for damage occasioned by delay.
3.3 Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
4. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
5. Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.
Notice of contract terms incorporated by reference
6. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
7. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
8. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
9. The Conditions may include, but are not restricted to:
- Conditions and limits on the carrier’s liability for the bodily injury or death of passengers.
- Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
- Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
- Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier.
- Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
- Rules about reconfirmations or reservations;
- check in times;
- the use, duration and validity of air transportation services;
- and the carrier’s right to refuse carriage.
- Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
- Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
10. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
11. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.
Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation. In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation. When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily. Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities. Please note that any denied boarding is out of the control of the Agent and that the Agent cannot be held liable for any lost revenue / opportunity or trauma experienced as a result of action by the Third Party Supplier.
Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Please check with your carrier. Most domestic carriers and some international carriers now charge for each piece of checked baggage. For most international flights, baggage is limited to a total of 20 kg. (44 lbs.), total of all pieces and items including carry-on items. If you plan to check and/or carry on more than 20 kg of luggage per person on any of their flights, you should check directly with each airline in advance for their free baggage limits and excess baggage charges.
Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).
Special baggage liability limitations for US travel:
* For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US$3300.00 per passenger, or the amount currently mandated by 14 CFR 254.5.
The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.
Dangerous goods (hazardous materials)
For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.
Responsibility/release and assumption of risk
“I understand and am aware that during the air travel itinerary in which I will participate under the arrangements of Agent and its agents, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including but not limited to the hazards of travelling in unsafe areas or under unsafe conditions, the hazards of travelling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and/or the bankruptcy, insolvency or cessation of services by, the Agent’s affiliated companies, airlines, other Third Parties or subcontractors. In consideration of, and as part of the payment for, the right to participate in such air itineraries, I have and do hereby expressly assume all of the above risks. The terms of this agreement shall serve as a release and express assumption of risk for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I have read and fully understand the provisions and the legal consequences of this Release and Assumption of Risk and I hereby agree to all its conditions, especially noting and agreeing to the portion of this provision that releases the Agent and its agents, employees, officers, directors, associates, affiliated companies, and subcontractors, to the extent permitted by law, from liability for the negligent or reckless acts or omissions of the Agent’s affiliated companies, airlines and subcontractors.”
Ticket and document delivery
Tickets and Documents will be delivered to you and/or made available for pickup (as checked above) within 3-4 weeks of the time your payment reaches us (and clears into our account), or as advised by our travel consultant. It is your responsibility to advise us if you have not received your tickets within 3-4 weeks after placing an order or at least two weeks prior to your departure (unless special late delivery arrangements have been made).
The Agent shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Company.
What is personal information?
Personal information is information which relates to a living individual who can be identified from that information, or from that information and other information in a person’s possession, including any expression of opinion, whether true or not, and whether recorded in material form or not, about an identified or reasonably identified individual, and any indication of intention in respect of an individual.
How do we collect personal information?
Where practical, we will collect personal information directly from you. Generally, this collection will occur when you deal with us either in person, by telephone, letter, facsimile, email or when you visit our website. We may collect personal information about you when you purchase or make enquires about travel arrangements or other products and services, when you enter competitions, when you register for promotions, when you subscribe to receive marketing from us (e.g. e-newsletters) or when you request brochures or other information from us. We may also collect your personal information when you complete surveys or provide us with feedback.
In some circumstances, it may be necessary for us to collect personal information about you from a third party. This includes where a person makes a travel booking on your behalf which includes travel arrangements to be used by you (e.g. a family or group booking). Where this occurs, we will assume you have consented to your personal information being collected by us and to us handling it in accordance with this Policy. You should let us know immediately if you become aware that your personal information has been provided to us by another person without your consent.
What personal information do we collect?
Generally, the type of personal information we collect about you is the information that is needed to facilitate your travel arrangements and bookings and to arrange travel-related services and products on your behalf. For example, we may collect details such as your name, residential address, mailing address, telephone number, email address, credit/debit card details (including card type, card number, security number and expiry date), passport details, frequent flyer details, and information about your dietary requirements and other details relevant to your travel arrangements or required by the relevant travel service providers (e.g. airlines, accommodation or tour providers). When you make contact with us for other purposes, we may also collect personal information about you in relation to those purposes. For example, we may collect your personal information so we can contact you about a competition you have entered (e.g. if you win) or to respond to an enquiry or feedback form you have sent to us. We also collect information that is required for use in the business activities of Jenny’s Travel CC and our related entities, including for example, financial details necessary in order to process various transactions, and any other relevant personal information you may elect to provide to us.
We will not, in any circumstance collect personal information from you pertaining to your religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health or criminal behavior.
When we act as agent
When we book products and services for you, we usually do so as agent for or on behalf of travel service providers. This means that we usually collect personal information about you both for our internal purposes (e.g. to process your booking), and on behalf of the parties for whom we act as agent, for their internal purposes (e.g. to provide the booked services). Accordingly, the consent you provide under this Policy to the collection and use of personal information by us, applies equally to the parties whose products and services we sell. For example, if you purchase a flight from us, then under this Policy you will have consented to your personal information being provided to the airline to enable your flight to be booked.
We act as agent for or on behalf of many thousands of travel service providers, so it is not possible for us to set out in this Policy all of the travel service providers for whom we act nor exactly how each of these travel service providers will use your personal information.
The rights of owners of personal information (you as client)
You may exercise certain rights regarding their Data processed by the Agent.
In particular, you have the right to do the following:
- Withdraw your consent at any time. You have the right to withdraw your consent where you have previously given your consent to the processing of your Personal Data.
- Object to processing of their Data. You have the right to object to the processing of your Data if the processing is carried out on a legal basis other than consent.
- Access your Data. You have the right to learn if Data is being processed by the Agent, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. You have the right to verify the accuracy of your Data and ask for it to be updated or corrected.
- Restrict the processing of your Data. You have the right, under certain circumstances, to restrict the processing of your Data. In such a case, the Agent will not process your Data for any purpose other than storing it.
- Have your Personal Data deleted or otherwise removed. You have the right, under certain circumstances, to obtain the erasure of their Data from the Agent.