TERMS AND CONDITIONS

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Travel Counsellors are subject to these terms and conditions.

The Client and Authority

The person requesting such quotations or estimates or making such booking or to whom any service is rendered with, 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 booking is requested and/or provided and/or the person to whom the services are rendered.

Third Party Suppliers

Travel Counsellors provide services of third party Suppliers who are engaged in or associated with the travel industry and therefore only act as agents on these Suppliers behalf. Travel Counsellors accept no liability for any loss, damage, injury, illness, harm, or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Supplier to fulfil their obligations. The contract in use by 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. Travel Counsellors will provide the Client with the Suppliers Terms and Conditions relevant to the service being provided to the Client. It is the Clients responsibility to familiarise itself with the Suppliers Terms and Conditions.

Destination Selection

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 Supplier over which Travel Counsellors has no control. Accordingly Travel Counsellors 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 Supplier.

Pricing

All estimates and confirmation prices are given at the daily rate of exchange and are guaranteed on that day only with the exception of air tickets.

Air tickets cannot be guaranteed as airlines can increase or withdraw prices without prior notification. This is especially prolific for travel to and inside the United States of America.

Until such time as Travel Counsellors have received the full payment from the Client and paid the Supplier, the Supplier reserves the right to charge any fluctuations to the Client. The onus will be on the Client to check if there has been any change in the price prior to making the final payment.

Once the payment has been received in full then the price is guaranteed.

Booking

Travel Counsellors will affect the booking once the client has advised them of their travel requirements either verbally or in writing. Wherever possible Travel Counsellors will endeavour to confirm the client’s requirements and advise them of the status of the booking in writing. Failure to provide the client with written confirmation shall not change the terms and conditions of the booking nor shall it constitute any negligence on behalf of Travel Counsellors.

Booking Forms

The client must complete, sign, and return to Travel Counsellors any booking forms that have been forwarded to them. No Supplier will release documents without the booking form.

Payment – Air Tickets

Travel Counsellors will advise the client of all the rules and regulations pertaining to the specific airfare that has been estimated and this will include the date and time that the client must pay in full for the air ticket. Due to demand the airlines may advise Travel Counsellors of an amended date which is earlier than previously advised. At all times the most restrictive instruction is the one that must be adhered to. Failure to pay for the air ticket in the given time will result in the airline automatically cancelling the flights. Travel Counsellors will not be responsible should the original flights and price not be reinstated.

E-Ticketing

All passengers including Children and Infants travelling with Electronic Air Tickets must be ready to show their identity document (for domestic flights) and their passport (for international flights) at the check-in counter of the airline concerned.

Payment – Land Arrangments

The balance of price is due between six and eight weeks before departure. The final payment must always be re-confirmed due to the fluctuation of the South African Rand. Late payment may result in the Supplier cancelling the reservation and Travel Counsellors will not be responsible should the original booking not be reinstated.

Application

The only acceptable forms of payment are:

1.  Direct cash deposits. The payment must reflect in the Travel Counsellors bank account before the Supplier is paid. 2.  Electronic Funds Transfer (EFT). 3.  Visa, MasterCard, Diners Club, and American Express credit cards provided the card holder can produce the card and valid identification when signing for the payments. Please note however that not all airlines and Suppliers will accept American Express and Diners Club Cards.

Some Suppliers will only accept credit cards if Travel Counsellors absorb the Merchant Fees via their commission. In these instances the client will be asked to pay cash or if the client still wishes to pay by credit card a transaction fee equal to the value of the banks Merchant fees will be charged.

Proof of all cash deposits and EFT’s must be e-mailed or faxed to Travel Counsellors.

Late Booking

A booking with Travel Counsellors will be considered “late” when the client requests any travel arrangements four working days before the intended date of departure. Travel Counsellors will advise the client of these costs at the time of enquiry and this fee will be non refundable.

Internet Bookings

If the Client requests or instructs Travel Counsellors to do bookings via the Internet, the Client irrevocably authorises Travel Counsellors to do the following on its behalf: a)  make any selections of and for the Proposed Travel Arrangements b)  make payments and c)  accept the Internet Suppliers booking conditions.

Amendments

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 Travel Counsellors.

Amendment Fees

Travel Counsellors will confirm to the client their fees and those of the Supplier at the time of the amendment request.

Unscheduled Changes

In the unlikely event of there being unscheduled change to the final itinerary caused by flight re-scheduling and delays, bad weather, strikes or any other cause which is beyond the control of the Travel Counsellors, its agents or the Suppliers, it is understood that any expenses relating to these unscheduled changes (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 Travel Counsellors 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.

Breakaways

While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.

Cancellations

In the event of the client cancelling the booking, Travel Counsellors shall have the right to either claim or retain the deposit and claim damages suffered by them. Travel Counsellors will apply for the refund on the clients behalf but will not be responsible no enter into any correspondence on behalf of the client should it be denied.

The Suppliers may reserve 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 Travel Counsellors.

Refunds

No refunds will be considered in any circumstances whatsoever by the Travel Counsellors. All Refunds by the Suppliers will be subject to their terms and conditions.

Insurance

Travel Counsellors can assist the Client in obtaining Travel Insurance as laid out in Section 22 of the Tourism Act of 1993. Insurance can only be purchased prior to departure and Travel Counsellors strongly advised that all Clients take out adequate insurance cover. Assistance for this insurance is available on request. Travel Counsellors will not be responsible or liable if the Client fails to take adequate insurance cover or at all.

It shall not be obligatory upon Travel Counsellors to effect insurance for the Client except upon instructions given in writing and all insurance effected by Travel Counsellors 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 Travel Counsellors shall not be obliged to obtain separate cover for any risks so excluded. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only, and Travel Counsellors will not be under any liability whatsoever.

Some credit card companies offer limited levels of travel insurance, which Travel Counsellors do not consider sufficient cover for international travel. Travel Counsellors recommend that you check with the respective credit card companies whose card you will be paying with in order to obtain the specific details of their cover.

Travel Documents

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full.

Passports

It is entirely the client’s duty to ensure that all passports are current and will be valid for at least six months after the clients return to his/her home country. It is strongly recommended that copies of the passports are given to Travel Counsellors at the time of the booking to ensure that all names are spelt correctly.

Non South African passport holders are required to have a minimum of three blank pages – excluding the front and back covers – in their passport for the entry visa. If there is insufficient space in the passport entry will be denied and person is likely to be detained pending return to their country of origin.

Non South African passport holders may also be required to have re-entry documentation and it is entirely the Client’s duty to ensure that such documentation is in order before departure.

Driver’s Licence

Should the client be driving overseas they must obtain an International Drivers Licence in their country of residence prior to their departure. The client must also take their National Drivers Licence with them as proof.

Visas and Health

It is entirely the Client’s duty to ensure that all visas are obtained on time and that the correct number of entries on the visa is noted. It is the clients duty to ensure that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Travel Counsellors will endeavour to assist the Client but such assistance will be at Travel Counsellors discretion and the Client acknowledges that in doing so, Travel Counsellors is not assuming any obligation or liability and the Client indemnifies the Travel Counsellors 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.

Re-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.

Special Requests

Clients, who have special requests, must specify such requests to Travel Counsellors in the Enquiry or in response to the Estimate. Whilst Travel Counsellors will use its best endeavours to accommodate such requests, it does not guarantee that it will.

Online Check in

Travel Counsellors can if requested to do so in writing (e-mail will suffice) by the Client, arrange for the Client to be checked-in on-line but Travel Counsellors does so subject to the following conditions:

• Travel Counsellors does so as the agent of the Client subject to these terms and conditions and the terms and conditions of the airline concerned

• All information supplied by the Client to be checked-in must be accurate and as reflected on their passports or identity documents, as the case may be

• The selection of seating will be in the exclusive discretion of Travel Counsellors unless specific seating has been requested in writing (but see ‘Special Requests’ above);

• However Travel Counsellors cannot guarantee that any specified seating will be secured and the final allocation of seating in the final resort is entirely in the discretion of the airline

• Accordingly the Client will have no claim whatsoever against the Travel Counsellors if the requested seats or seating configuration is not allocated by the airline

• It remains the exclusive duty of the Client to:

o monitor and re-confirm flight times and to arrive at the airport timeously;

o advise the airline if they are delayed or will not be flying (if Travel Counsellors have been tasked with the return on-line check-in, they must also be advised and the failure to do so will release Travel Counsellors from any liability whatsoever)

o ensure that any check-in and carry-on/hand luggage comply with the terms and conditions of the airline concerned

Conduct

The Client agrees that he/she will at all times comply with Travel Counsellors or others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger.

Malaria and Other Tropical Diseases – WARNING

If 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.

Foreign Exchange Regulation Compliance

This is the Client’s exclusive duty. This will apply especially when the Client instructs Travel Counsellors to make and pay for travel arrangements on the Internet.

Responsibility and Limitation of Liability

The Proposed Travel Arrangements are made on the express condition that Travel Counsellors, 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, trauma, death, delay or inconvenience to or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of Travel Counsellors whatsoever, unless such claim is due to the negligence of the Travel Counsellor and such claim is lodged in writing with the Travel Counsellors within 30 (thirty) days after the end of the booking. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per booking. The Client indemnifies and holds harmless Travel Counsellors, its employees and agents accordingly. Travel Counsellors, its employees and agents shall further more not be liable for any indirect and/or consequential loss or damages whatsoever.

Force Majeure

Travel Counsellors shall have the right to cancel any contract should its fulfillment 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 Travel Counsellors. Force Majeure includes renovations that may be carried out at your resort – whilst Travel Counsellors will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against Travel Counsellors. All monies paid to Travel Counsellors by the Client will be reimbursed less a 5% (Five percent) of the Price as an administration charge;

Law and Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Travel Counsellors. Travel Counsellors 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.

Confidentiality

Subject to statutory constraints or compliance with an order of court, Travel Counsellors undertakes to deal with all Client information on a strictly confidential basis.

Legal Fees

The Client will be liable for all legal fees on an attorney and own client scale in the event that the Travel Counsellors has to engage a lawyer to enforce any of its rights or otherwise.

Entire Contract 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 Travel Counsellors or otherwise that is not included herein.

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