All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Gold Travel Pty Ltd (“the Travel Agent”) are subject to these terms and conditions (“the Conditions”).
The client and authority
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as “the Client”).
Third party service providers
The Travel Agent provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (collectively referred to as “the Principal”). The Travel Agent represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill its obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Travel Agent will provide the identity, terms and conditions of all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (“the Principal’s Conditions”).
Booking, deposit & reservation
“Once the Client has filled in the travel enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as “the Enquiry”), about a particular destination, trip, tour or mode of travel (collectively referred to as “the Proposed Travel Arrangements”) the Travel Agent will prepare and provide the Client with an estimate (by hand, telefax or e-mail) (“the Estimate”). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct, the Travel Agent will prepare a quotation for the Proposed Travel Arrangements (“the Quotation”). A non-refundable deposit equivalent to the percentage (“the Deposit”) of the total estimated value of the Proposed Travel Arrangements (“the Price”) as specified in the Quotation is required in order to confirm reservations with Principals (“the Booking”), subject to payment of the balance of the Price in due course as specified herein*. The Travel Agent will not confirm any reservation if the deposit and a signed Quotation are not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of your Booking (“the Booking Confirmation Form”), which the Client must sign and return to the Travel Agent. * In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations and may apply penalty charges.
The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that such brochures and/or the Internet have been compiled and are managed and up-dated by the Principal over which the Travel Agent has no control. Accordingly the Travel Agent cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Principal.
Payment and payment terms
The balance of the Price is due on or before the date specified in the Quotation or the Booking Confirmation Form. If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account or the Travel Agent may cancel the Booking. Late payment may also result in cancellation of the reservation by the Principal. The Client undertakes to pay the Travel Agent interest at a rate of 5% above the prime rate charged by the Travel Agent’s bank on any payment made after the due date. When paying by credit card you will be required to complete the Travel Agent’s credit card authorization form.
Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Travel Agent. Should the Client be a group booking and the group number deviate from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal cancelling the Booking and retaining any payment made (The Travel Agent will be entitled to retain any service fees charged). NOTE: Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted.
The Proposed Travel Arrangements are made on the express condition that the Travel Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless the Travel Agent, its employees and agents accordingly. The Travel Agent, its employees and agents shall further more not be liable for any indirect and/or consequential loss or damages whatsoever.
It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). The Travel Agent will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Travel Agent to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by the Travel Agent pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Travel Agent shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which the Travel Agent does not consider sufficient cover. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full.
Passports, visas & health
It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with the Travel Agent before travelling. The Travel Agent will endeavour to assist the Client but such assistance will be at the Travel Agent’s discretion and the Client acknowledges that in doing so, the Travel Agent is not assuming any obligation or liability and the Client indemnifies the Travel Agent against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements. It is the client’s responsibility to ensure the validity of passports and visas. The client must ensure that the details supplied to the Travel Agent mirror those details shown on their passport for international travel and ID documents for local travel.
Malaria and other tropical diseases: warning
Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.
Late booking & amendment fees
A late booking fee will 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 of Client cancelling the Booking, the Travel Agent shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Travel Agent. The Principals may reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Travel Agent. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Principal’s Conditions or website. Principals may charge cancellation fees over and above those stated below): More than six weeks prior to departure Deposit is forfeited
4 – 6 weeks prior to departure: 50% of the total Price
2 – 4 weeks prior to departure: 60% of the total Price
1 – 2 weeks or less: 100% of the total Price
Some airfares, once issued, are non-refundable.
In the unlikely event of there being unscheduled extensions to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Travel Agent, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client’s account.
Itinerary variations & transfers
While every effort is made to keep to the final itinerary, Principals and/or the Travel Agent reserves the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one.
While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.
Law & jurisdiction
South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Travel Agent The Travel Agent shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
The Client agrees that he/she will at all times comply with the Travel Agent’s or others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the tour.
Clients who have special requests must specify such requests to the Travel Agent in the Enquiry or in response to the Estimate. Whilst the Travel Agent will use its best endeavours to accommodate such requests, it does not guarantee that it will.
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Travel Agent.
No refunds will be considered in any circumstances whatsoever by the Travel Agent. Refunds by the Principals will be subject to their terms and conditions.
Foreign exchange regulation compliance
This is the Client’s exclusive duty. This will apply especially when the Client instructs the Travel Agent to make and pay for travel arrangements on the Internet. e-TICKETING – The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to al members of a travelling party and for EACH MINOR.
If the Client requests the Travel Agent / instructs the Travel Agent to do bookings via the Internet, the Client irrevocably authorises the Travel Agent to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.
Limitation of liability
The Travel Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim for any loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Travel Agent. whatsoever, unless such claim is due to the gross negligence of the Travel Agent and such claim is lodged in writing with the Travel Agent within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R10 000, 00 per Client per Booking and under no circumstances will the Travel Agent be liable for any indirect or consequential loss or damage.
The Client will be liable for all legal fees on an attorney and own client scale in the event that the Travel Agent has to engage a lawyer to enforce or defend any of its rights or otherwise.
The Travel Agent undertakes to deal with all Client information of a personal nature on a strictly confidential basis. CONFIRMATION OF TRAVEL ARRANGEMENTS: All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure.
The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Travel Agent or otherwise that is not included herein.