TERMS AND CONDITIONS
AFRICA STAY STANDARD TERMS AND CONDITIONS (STC)
Preamble
Silver Peach Marketing (PTY) Ltd, Registration Number
2004/01013109/07 ("Africa Stay") provides clients (you/your) with travel and/or other services on
behalf of principals 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 (collectively
referred to as ‘Third Party Service Providers’). Africa Stay will
provide you on request with the identity, terms and conditions of all
Third Party Service Providers and it is your responsibility to
familiarise yourself with such terms and conditions.
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.
Destination Selection
You acknowledge that you have selected the itinerary and destination(s)
constituting the booking based on information gleaned from brochures
and/or the Internet. You also acknowledge that such brochures and/or the
Internet have been compiled and are managed and up-dated by the
Principal over which the Africa Stay has no control. Accordingly Africa
Stay 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
Third Party Service Providers.
DEPOSITS / FULL PAYMENT
Unless otherwise specified, a non-refundable
and non-transferable deposit of 20% (25% on selected products) of the
total tour price, per person, is payable within seven days of making a
reservation. The balance of the total tour price due is payable not
later than eight weeks prior to the departure, unless otherwise
specified. The total amount due is payable immediately in respect of
reservations received within eight weeks of departure. Provisional
reservations will automatically be cancelled if the company has not
received a signed Passenger Booking Form, together with the required
deposit or full payment, as applicable, within 7 working days of
receiving the reservation request.
In addition to the
required deposit for the land content, for reservations that include air
tickets, we are required by the relevant airline to issue the air
tickets within a specified time period from date of reservation. Should
payment not have been received we will be unable to issue such tickets
and the airline will automatically cancel. Please therefore refer to
your confirmation for details regarding the ticketing time limits.
AfricaStay will accept
payment by credit card, bank issued cheque, travel agency cheque (IATA
accredited agencies only) or cash. A signed and validated Standard
Credit Card Charge Form is the only recognised form of payment for
credit cards. If the card is a foreign credit card then you will be
requested to supply various other details. All payments to be made out
to Silver Peach Marketing. Any charges made to a client’s credit card
(debits) whilst away are the client’s responsibility. AfricaStay will
not be responsible, nor accept responsibility for having these charges
reversed or corrected upon return to South Africa.
CANCELLATIONS
In accordance with the policy followed by
members of ASATA , once a reservation request has been received in our
office, it becomes liable for cancellation fees in accordance with the
following scale, unless otherwise specified. Passengers who cancel their
reservations more than 8 weeks prior to departure – forfeiture of full
deposit paid. Passengers who cancel within:
8 Weeks prior to
departure: 25% of total tour price,
6 Weeks prior to departure: 30% of total tour
price,
4 Weeks
prior to departure: 50% of total tour price,
3 Weeks prior to departure: 80% of total tour
price,
2 Weeks
prior to departure: 100% of total tour price.
These conditions will
be strictly adhered to and cancellation insurance is therefore strongly
recommended. In accordance with the standard procedure adopted by all
tour operators worldwide, we reserve the right to cancel any tour /
travel arrangements prior to departure, in which event the entire
payment made will be refunded to the passenger without any further
obligation on the part of the company.
Furthermore, all
bookings are subject to the terms and conditions specified by the
supplier of the services which the customer contracts to in terms of the
booking. The Company will provide on request, the identity of the
supplier and such supplier’s terms and conditions may include, but are
not limited to, provisions regarding the cancellation fees or amendment
fees applicable to confirmed reservations, refunds/no refunds for
no-shows/unused services; late booking fees; baggage allowances;
confirmation of flights, etc. In the case of airlines, the general
cancellation fee applicable to tickets issued, is 25% (twenty five per
centum); the typical baggage allowance is 20kg; extension of ticket
validity is not permitted and the customer must reconfirm his/her flight
within 72 hours prior to departure.
Africa Stay acts as the agent and is not liable for any changes,
cancellation or insolvencies of its suppliers. If you are using any of
the services of 1Time Airlines, kindly note that they are under business
rescue.
INSURANCE
All passengers are strongly urged to take out
travel insurance, covering personal accident, medical expenses, baggage
and loss of deposit through cancellation and / or default of the
individual principal service providers.
TOUR PRICES
All tour prices are based on the airfares,
tariffs and rates of exchange, which are applicable at the time when
those quotations were provided. All tour / travel prices are therefore
subject to change, without prior notice, due to unforeseen exchange rate
fluctuations, tariff adjustments and / or accommodation / airfare
increases, which may become effective up to, and including the day, that
full payment is affected.
Prices quoted on the
website, e-mail and/or any other media, are based
on air fares (where included), hotel prices, land costs and rates of
exchange at the date of being published. AfricaStay reserves
the right to adjust tour prices at time of booking in accordance with
increases in air fares, hotel rates and currency fluctuations.
NOT INCLUDED IN TOUR
PRICE
Tour
prices do not include airport taxes (unless otherwise specified), local
hotel tourism taxes / levies (where applicable), car rental contract
levies (where applicable), costs of obtaining visas and passports,
telephone calls, laundry, entertainment arrangements, meals / beverages
and other items of a personal nature, unless actually specified to the
contrary, in the itinerary / tour program & relevant documentation.
TOUR ITINERARIES
Tour itineraries / travel arrangements are
subject to alteration where necessary according to local conditions en
route, without prior notice. Due to various prevailing / unforeseen
circumstances, tours are not always able to follow the provisional /
suggested routing as set out in the published itinerary.
Information contained therein should therefore be regarded as a basic
guide only. While it is possible for the passenger to break away from
planned holiday itineraries, after departure it is understood that extra
expenses incurred as a result of such a breakaway will be for the
passenger’s account and any unused service will not be refunded.
Amendments and cancellations en route must be made with our operators
directly
While every effort is made to keep to all
confirmed itineraries, we reserve the right to make changes for your
convenience. Because we plan arrangements in advance, do not own or
control the airlines, hotels and/or other supplier companies who will
provide passenger holiday components, changes and even cancellations can
occasionally become necessary. In the event that the hotel
accommodation, excursion, service, flight, etc. has been properly
confirmed by AfricaStay, and not withstanding this, is unavailable for
any reason whatsoever, AfricaStay do not accept any liability.
Air transportation
will be economy class unless otherwise specified.
No refund will be
considered for any unused services irrespective of whether they form
part of the basic inclusive tour price or whether they are in respect of
pre-booked optional arrangements.
AMENDMENT FEE
An amendment fee of R200.00 plus VAT, per
party, per amendment, will be charged on International/Regional travel, domestic travel bookings will be
subject to a R50.00 plus VAT charge
LATE BOOKINGS
A minimum late booking fee of R200 plus VAT,
per booking, will be charged in respect of all reservations received
within five working days of the departure date in order to cover urgent
communication / administration expenses.
DOCUMENTATION
It is the personal responsibility of each
passenger to ensure that they are in possession of the correct
documentation prior to departure. The company shall not accept
responsibility for any consequences of any nature whatsoever arising
from the passenger failing to ensure that he / she has complied with the
necessary health / passport / visa requirements.
RECONFIRMATIONS
Passengers are reminded about the importance
of reconfirming their onward / return flight reservations, on arrival of
each destination. Failure to do so may result in cancellation of
reservations.
PASSPORTS, VISAS, VACCINATIONS AND
INOCULATIONS
The
responsibility to obtain proper, current and valid passports, visas,
vaccinations, inoculations and the like, where required, is that of the
customer alone. The company shall not be responsible or liable for any
consequence of any nature arising from the customer failing to ensure
that he/she has complied with all such requirements. The Customer must
ensure that their passport is valid for at least six months beyond the
end of the travel period. South African residents traveling on a foreign
passport must ensure that they have correct documentation from Home
Affairs. AfricaStay bears no responsibility for incorrect passport or
immigration documentation.
RESPONSIBILITY AND
LIABILITY
AfricaStay act as agents only for local and international ground
operators and airlines and accordingly accepts no liability whatsoever
for any loss, damage, injury, accident, delay or any other irregularity
howsoever arising. AfricaStay makes every effort to ensure that all the
arrangements and services connected with a passengers itinerary will be
carried out as specified and/or in the most efficient and effective way
possible. However, we do not have direct control over the provision of
services by suppliers and, whilst they are in all cases selected with
the utmost care, we do not accept liability for error and omissions of
such suppliers. Please be aware that hotels undergo renovations for time
to time. Hotels take all possible steps to limit disruption to their
guests. We will not entertain complaints, or requests for refunds, if a
hotel in carrying our renovations whilst a guest is resident. If we are
specifically advised of renovation work, dates may be provided but it is
important to remember that these are subject to change and we are not
always notified. We will not, therefore, be held accountable for
complaints concerning renovations that extend beyond the date originally
specified.
CONTRACT RATES
In accordance with standard industry practice,
most of our foreign hotel rates, airport transfer services and other
tour / travel / cruise / transport arrangements etc. are contracted for
12 months in advance, on an annual basis. In most instances, the
seasonal net tariffs applicable to high volume producing wholesalers
generally represent savings over the normal public rack rates that would
ordinarily be applicable to individual members of the public.
There may however be
times where certain travel / accommodation suppliers advertise / offer
short term discounted ‘special offer’ rates which are essentially
intended for their own domestic home markets. In such instances, those
rates may undercut our confirmed advance booking / contracted prepaid
international market rates. When individual suppliers exercise their
inherent right to adopt any short-term tactical discounting policy for
distressed inventory, it is generally as a result of an unforeseen
downturn in the normal anticipated booking trends, or as a means to
counter offers made by competitors, during depressed market conditions.
STANDARD TRADING CONDITIONS
All companies and divisions of
Silver Peach Marketing (PTY)
Travel Group, act only as agents on behalf of
local and international principal suppliers of accommodation,
transportation, cruise, rail, and other general travel related services.
Whilst every effort is always made to ensure that our preferred
suppliers fulfill their obligations to our clients, Silver Peach
Marketing (PTY) and their associated companies shall not be liable for
any injury, damage, loss, accident, delay or any other irregularity that
may be occasioned by any defect in any vehicle, or other form of
conveyance, or by error or default of any company or person engaged in
carrying out the tour / travel arrangements, conveying the passengers,
or otherwise in connection herewith. We subscribe to the general policy
adopted by members of ASATA
and accordingly companies in the Silver Peach Marketing (PTY) Group do
not accept responsibility or liability for the financial default of any
service provider, which may result in the non-performance of obligations
to the passenger in respect of pre-paid travel arrangements organized
through any Silver Peach Marketing (PTY) company or associate, acting in
their capacity as an agent, on behalf of such principal suppliers.
Interpretation, Law Applicable and Jurisdiction
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. 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. This document reflects the only and full
agreement between you and Africa Stay 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 and You acknowledge
that you have not relied on any matter or thing stated on behalf of
Africa Stay or otherwise that is not included herein. No variation
and/or extension thereof shall be valid unless agreed to both by the
Parties in writing. In the event of a clash and/or uncertainty in
meaning and/or interpretation between this and any other document issued
by Africa Stay, this document will always have preference. You will be
liable for all legal fees on an attorney and own client scale in the
event that Africa Stay has to engage a lawyer to enforce or defend any
of its rights or otherwise.