GENERAL TERMS AND CONDITIONS
1.1. In these Terms and Conditions, unless the context indicates otherwise –
1.1.1. “Agreement” means the agreement between the Supplier and the Client;
1.1.2. “Booking Fee” means the total cost of the Services rendered by the Supplier to the Client in accordance with the Agreement;
1.1.3. “Client” means the individual/entity contracting the services of the Supplier;
1.1.4. “Commencement Date” means the starting date of the service to be provided by the Supplier;
1.1.5. “Parties” means the parties to these Terms and Conditions and “Party” means any one of them as the context may indicate;
1.1.6. “Payment Date” means the date when payment must be made by the Client to the Supplier;
1.1.7. “Services” means the services to be provided by the Supplier to the Client;
1.1.8. “Supplier” means Travel South Proprietary Limited, registration number —-/——/–, a limited liability private company duly incorporated in South Africa;
1.1.9. “Termination Date” means the end date of the service to be provided by the Supplier;
1.1.10. “Terms and Conditions” means the terms and conditions contained in this document, together with any amendments or variations, if any, hereto; and
1.1.11. “Traveller” means the end user of the Services provided by the Supplier to the Client.
1.2. In these Terms and Conditions –
1.2.1. clause headings and the heading of these Terms and Conditions are for convenience only and are not to be used in its interpretation;
1.2.2. an expression which denotes –
18.104.22.168. any gender includes the other genders;
22.214.171.124. a natural person includes a juristic person and vice versa; 126.96.36.199. the singular includes the plural and vice versa;
188.8.131.52. a Party includes a reference to that Party’s successors in title and assigns allowed at law; and
184.108.40.206. a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and law mentioned clauses.
1.3. Any law means the relevant law as at the Commencement Date and as judiciously interpreted, amended or re-enacted from time to time.
1.4. Where the signature of a Party is required in terms of these Terms and Conditions, such signature must be a handwritten signature although an electronic representation of such handwritten signature may also be used.
1.5. Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout these Terms and Conditions.
1.6. Unless otherwise provided, defined terms appearing in this Agreement in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning.
1.7. Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
1.8. The rule of construction that these Terms and Conditions shall be interpreted against the Party responsible for the drafting of these Terms and Conditions, shall not apply.
1.9. Any reference in this Agreement to “these Terms and Conditions” or any other agreement or document shall be construed as a reference to this Agreement or, as the case may be, such other agreement or document, as amended, varied, novated or supplemented from time to time.
2.1. The tour prices are strictly private and confidential and should not be disclosed by the Client to any third party.
2.2. From time to time, the Supplier shall be entitled to amend the tour prices in the event of material fluctuations in exchange control rates and other operating costs on which prices are based.
3. PAYMENT OF BOOKING FEES
3.1.1. The Client shall be required to make full payment of the Booking Fee within 30 (thirty) days of the confirmed service date reflected on the tax invoice rendered by the Supplier to the Client, subject to the provisions of clause 3.1.2.
3.1.2. In the event of the reservation being made by the Client less than 30 (thirty) days prior to the date upon which the Services are to be rendered, full payment of the Booking Fee is to be made upon the Supplier confirming in writing that the reservation has been made.
3.1.3. If the Client fails to comply with the requirements set out in this clause 3, the Supplier shall not be obliged to render the Services to the Client.
3.1.4. The Parties have agreed that the Supplier will provide the Client with touring services as and when required by the Client. Furthermore, the Parties have agreed that the Supplier will issue a tax invoice to the Client at the time of confirming a booking in respect of such ad hoc touring services.
3.2. Cash/EFT/Direct Deposit
3.2.1. Payment of the Booking Fee shall be made by the Client directly into the banking account of the Supplier as indicated in the tax invoice on or before the Payment Date;
3.2.2. The Supplier shall be entitled to charge interest on any amount not paid on or before the Payment Date at a rate of 2% (two percent) per month calculated from the Payment Date until the date of full payment of all outstanding amounts.
4. CHANGES TO ITINERARY
4.1. The Parties hereby record that information published on the Supplier’s website (www.travelsouth.co.za) is for information purposes only and accordingly, may be subject to change.
4.2. The Supplier constantly strives to improve its tours and/or itineraries. If such improvements can be made or unforeseen circumstances occur in respect of the provision of such tours and/or itineraries, the Supplier reserves the right to change such tours and/or itineraries or to substitute accommodation, where required.
4.3. The Supplier reserves the right to amend its private day tour dates as a result of road closures and/or conditions beyond its control.
4.4. The Supplier will confirm any known alterations and/or accommodation changes no later than 2 (days) days before the scheduled travel date.
5. OBLIGATIONS OF THE CLIENT
5.1.1. The Client shall be required to make a booking with the Supplier in respect of –
220.127.116.11. private and scheduled day tours: at least 48 (forty eight) hours prior to the date and time scheduled for such Services to be rendered;
18.104.22.168. private and scheduled overland touring at least 7 (seven) days prior to the date and time upon which such Services are to be rendered;
5.2. Health & Visas
5.2.1. It is the responsibility of the Client to ensure that all the necessary documentation and/or precautionary medication requirements are attended to prior to travel by the Traveller. The Supplier does not accept responsibility in this regard. The Client hereby indemnifies the Supplier against any claim or damages which may be incurred as a result of the failure to comply with such medical and/or visa obligations.
5.2.2. The Client undertakes that it has made the Traveller aware of and accepts the potential hazards related to travelling, including but not limited to injury, disease, loss or damage to property, inconvenience and discomfort and has also satisfied itself prior to booking that it is fit and able to complete the itinerary of the chosen tour.
5.2.3. If the Traveller has any pre-existing medical condition or illness, the Client must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication and/or other course of treatment which may be required during his trip.
5.3.1. The onus resides with the Client to ensure that the Travellers are covered by insurance, which includes adequate cover for medical expenses and/or the cost of repatriation should they become too ill to continue, including insurance in respect of helicopter rescues and air ambulances.
5.3.2. If the Traveller embarks on the holiday without adequate insurance he may not be allowed to continue on the holiday and the Client may not request a refund.
5.3.3. The Traveller is required to carry proof of insurance with them at all times and produce it if reasonably requested by the Supplier’s employees, staff, contractors and/or any third party supplier.
5.3.4. Any claims concerning matters for which the Traveller is insured must be directed to such Traveller’s insurers.
5.3.5. The Traveller, when travelling on vehicles used by the Supplier, are covered by passenger liability insurance. The Client confirms that they have read and accept these Terms and Conditions (as may be amended from time to time). The Client acknowledges that the Supplier has taken all reasonable steps to safeguard its liability in this respect.
6. UNDERTAKINGS BY THE SUPPLIER
The Supplier undertakes to –
6.1.1. provide all the Services subject to these Terms and Conditions;
6.1.2. operate within the parameters of the law as governed by the
Department of Transport, including but not limited to –
22.214.171.124. passenger and public liability insurance; and
126.96.36.199. operating licences;
6.1.3. provide transportation in air-conditioned luxury SUV’s, Sedans Minivans, Mini-coach or Coaches appropriate to the requirements of the tour and based on passenger numbers; and
Standard & Safety The Supplier undertakes that –
6.1.4. vehicles provided are large enough to accommodate the number of passengers, their personal effects and luggage;
6.1.5. all drivers are licensed in terms of local legislation;
6.1.6. all guides are accredited for the geographical area in which they lead tours; and
6.1.7. all vehicles are safe and comply with relevant safety regulations.
6.2. Lost Property
Lost property items will be logged and held by management for a period of 30 days after the item has been found
6.2.1. proof of ownership may be requested to claim lost property items
6.2.2. after 30 days’ items will be deemed unclaimed and removed from lost property for donation
7. CHILDREN POLICY
7.1. Child Seats
As a courtesy, the Supplier is able to provide child seats, if required. However, the Supplier does prefer that guests supply and fit their own seats for children and infants. The Supplier cannot be held responsible should the seats provided not be suitable for the guests’ requirements.
8. AMENDMENTS AND/OR CANCELLATIONS
8.1.1. All amendments and/or cancellations shall only be valid if received by the Supplier in writing within the time period provided in this clause 8.
8.1.2. Amendments and/or cancellations en route must be made with the Supplier directly. Please note that en route cancellations and/or amendments may incur penalties as determined by the Supplier. Any such penalties due as a result of such amendments and/or cancellations are payable directly to the Supplier.
8.1.3. No refunds will be made for no-shows, or any unused Services irrespective of whether they form part of the basic tour price, or whether they are in respect of pre-booked optional arrangements.
8.1.4. All tours, itineraries, travel arrangements, hotel accommodation and other arrangements are subject to alterations and/or cancellations at any time without prior notice and for any reason, at the sole and absolute discretion of the Supplier. The Supplier shall not be responsible for any damages whatsoever arising from any such alteration or cancellation.
8.2. Cancellation Policy
The following cancellation policies will be enforced for the duration of the Agreement:
8.2.1. Transfers – Cape Town
188.8.131.52. Bookings cancelled at least 14 (fourteen) days prior to the date scheduled for the Services to be rendered will not be subject to cancellation fees.
184.108.40.206. Bookings cancelled within 3 (three) to 13 (thirteen) days of the date scheduled for the Services to be rendered will be subject to 50% (fifty percent) cancellation fee.
220.127.116.11. Bookings cancelled within 48 (forty eight) hours of the date scheduled for the Services to be rendered will be subject to 100% (one hundred percent) cancellation fee.
8.2.2. Private and Scheduled Day Tours
18.104.22.168. Bookings cancelled at least 14 (fourteen) days prior to the date scheduled for the Services to be rendered will not be subject to cancellation fees.
22.214.171.124. Bookings cancelled within 3 (three) to 13 (thirteen) days of the date scheduled for the Services to be rendered will be subject to 50% (fifty percent) cancellation fee.
126.96.36.199. Bookings cancelled within 48 (forty eight) hours of the date scheduled for the Services to be rendered will be subject to 100% (one hundred percent) cancellation fee.
8.2.3. Private and Scheduled Overland Tours
188.8.131.52. Bookings cancelled at least 14 (fourteen) days prior to the date scheduled for the Services to be rendered will not be subject to cancellation fees.
184.108.40.206. Bookings cancelled within 3 (three) to 13 (thirteen) days of the date scheduled for the Services to be rendered will be subject to 50% (fifty percent) cancellation fee.
220.127.116.11. Bookings cancelled within 48 (forty eight) hours of the date scheduled for the Services to be rendered will be subject to 100% (one hundred percent) cancellation fee.
8.2.4. Foreign Language Services
All services booked with the addition of foreign language guides will be subject to the below cancellation policy based on the foreign language guide fee
18.104.22.168. Bookings cancelled at least 60 (sixty) days prior to the date scheduled for the service to be rendered will not be subject to cancellation fees.
22.214.171.124. Bookings cancelled within 30 (thirty) to 59 (fifty-nine) days of the date scheduled for Services to be rendered will be subject to 50% (fifty percent) cancellation fee.
126.96.36.199. Bookings cancelled within 29 (twenty-nine) days of the date scheduled for Services to be rendered will be subject to 100% (one hundred percent) cancellation fee.
9. LIMITATION OF LIABILITY
9.1. Notwithstanding that the Supplier’s vehicle providers holds public liability and passenger liability insurance in respect of each vehicle, it is the responsibility of the Client to ensure that the Traveller obtain the necessary travel insurance in respect of himself as well as any individual travelling with him.
9.2. The Client hereby indemnifies and holds harmless the Supplier, its employees, contractors, agents and/or associates against any and all claims, losses, damages (including special and consequential), injury, accident, delay or inconvenience suffered by any third party or to the third party’s luggage or other personal property, howsoever caused and/or irrespective of whether it arises directly or indirectly from these Terms and Conditions, any act or omission of the Supplier or in respect of any tours operated or organised by the Supplier, its employees, contractors, agents and/or associates.
9.3. The Supplier shall not be held liable for any failure to perform its obligations in terms of these Terms and Conditions if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of the supply of electricity or telephone service.
9.4. The Supplier does not have direct control over the provision of any services by hotels, airlines and any third party suppliers and accordingly, the Supplier shall not be held liable for any loss, damage (including special and consequential), injury, additional cost, accident, delay or irregularity that may be occasioned by any error or default.
9.5. The Supplier shall only be liable for any loss, damage (direct or indirect) or harm suffered as a result of gross negligence or wilful misconduct on the part of the Supplier.
9.6. Notwithstanding anything to the contrary contained herein, nothing in these Terms and Conditions shall operate so as to exclude or in any way or limit the Clients’ or the Supplier’s liability for fraud, or for death or personal injury caused by either´s Parties gross negligence or wilful misconduct or in respect of any other liability that may not be excluded or limited as a matter of law.
10.1. In the event of the Client committing a breach of any of the provisions of these Terms and Conditions and failing to remedy such breach within 7 (seven) days after receipt of a written notice from the Supplier requiring the breach to be remedied, then the Supplier shall, without prejudice to any other rights that it may have in law or in terms of these Terms and Conditions be entitled to –
10.1.1. to claim immediate specific performance of any of the Client’s obligations under the Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance, and to require the Client to provide security to the satisfaction of the Supplier for the Client’s obligations; and
10.1.2. cancel the Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Client, and the cancellation shall take effect on the giving of the notice.
10.2. The Parties agree that any costs awarded will be recoverable on an attorney-and-own-client scale unless the Court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and client scale.
11. NOTICES AND ADDRESSES
11.1. The Parties select as their respective domicilia citandi et executandi the physical addresses, and for the purposes of giving or sending any notice provided for or required under these Terms and Conditions, the said physical addresses as well as the Supplier’s email addresses, provided that a Party may change its domicilium or its address for the purposes of notices to any other physical address or email address by written notice to the other Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change.
11.2. All notices to be given in terms of these Terms and Conditions will be given in writing and will –
11.2.1. be delivered by hand or by way of email;
11.2.2. if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and
11.2.3. if sent by email during business hours, be presumed to have been received on the date of successful transmission of the email. Any email sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day.
11.3. Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause 12.
12. APPLICABLE LAW AND JURISDICTION
12.1. These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of South Africa.
12.2. The Parties hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in any dispute arising from or in connect with these Terms and Conditions.
13. DATA PROTECTION
The Parties hereby record that they will use their reasonable commercial endeavours to comply with the provisions of the Protection of Personal Information Act, 4 of 2013 pertaining to the collection, processing and retention of personal information and shall immediately information the other Party in the event of any unauthorised disclosure of such personal information.
14.1. Whole Agreement
14.1.1. The Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of the Agreement not incorporated in these Terms and Conditions shall be binding on any of the Parties.
14.1.2. The Agreement supersedes and replaces any and all agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the Parties (and other persons, as may be applicable) in relation to the subject matter hereof.
14.2. Variations to be in Writing
No addition to or variation, deletion or agreed cancellation of all or any clauses or provisions of these Terms and Conditions will be of any force or effect unless in writing and signed by the Parties.
14.3. No Indulgences
No latitude, extension of time or other indulgence which may be given or allowed by any Party to the others (or some of them) in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from these Terms and Conditions and no single or partial exercise of any right by any Party under these Terms and Conditions, shall in any circumstances be construed to be an implied consent or election by that Party or operate as a waiver or a novation of or otherwise affect any of its rights in terms of or arising from these Terms and Conditions or estop or preclude it from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
14.4. No Waiver or Suspension of Rights
No waiver, suspension or postponement by any Party of any right arising out of or in connection with these Terms and Conditions shall be of any force or effect unless in writing and signed by such Party. Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.
14.5. Provisions Severable
All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect. The Parties declare that it is their intention that these Terms and Conditions would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
14.6. Continuing Effectiveness of Certain Provisions
The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
14.7. No Assignment
The Client shall not be entitled to cede, delegate or assign any of its rights or obligations provided herein without the prior written consent of the Supplier. The Supplier shall be entitled to cede, delegate or assign its rights or obligations herein without recourse to the Client.