Terms and Conditions
TRANSACTION TERMS AND CONDITIONS for Fares Fair Travel (Pty) Ltd
This may seem a little intimidating at first, but you will find it is really
important. It is fairly comprehensive and outlines what you should reasonably
expect from Fares Fair Travel when it comes to transacting. You must take the
time to read this document as you will be signing that you have read it in
order for us to complete a transaction with you. If you have any questions
please ask us.
1.COVID 19
You agree that it is your personal decision to travel and that you are doing so
with full knowledge of current travel recommendations and travel restrictions
with regard to the risk of COVID-19, with you having taken full personal
responsibility to inform yourself in relation thereto. The Agency does not
assume any responsibility for and shall not be liable for any unsafe conditions
or health hazards, including pandemics or other illnesses to which you may be
exposed. The Agency will, however, use its reasonable endeavours to provide you
with the latest travel information available to the Agency in respect of the
regulations, conditions and supplier terms applicable in relation to COVID-19,
as at the time of your booking. This information is obtained from third party
sources and is subject to change at any time without notice. The Agency, its employees
and agents, shall, accordingly, not be liable for any loss (financial or
otherwise), damage, illness, harm, trauma, death, delay, denial of onward
travel or costs (including but not limited to quarantine costs), which you may
incur or suffer, whether during or post travel, arising directly or indirectly
out of the risks and/or dangers associated with traveling during the COVID-19
pandemic, whether or not you had been informed by the Agency of such risks
and/or dangers at the time of booking.
The Agency is not responsible for the acts or omissions of travel suppliers,
including the failure by the travel suppliers to adhere to their own schedules,
provide services or refunds or their failure to honour any future trip credit.
Please note that most insurance policies have a specific clause stating that
they do not cover epidemics and pandemics, especially when travel warnings are
in place. It would be advisable for you to take advice from an insurance broker
should you have any queries regarding the appropriateness of a travel insurance
policy. The Agency shall not be liable for your election not to purchase
insurance nor shall the Agency be liable to you for any denial of any claim by
a travel insurer as it relates to COVID-19 or any other claim under the
relevant policy.
“You are aware of the risks and dangers associated with travel during the
Covid-19 pandemic and you expressly assume all of the risks and dangers in
relation thereto; and hereby forever release, discharge and hold the agency,
it’s employees, officers, directors, associated, affiliated companies and
sub-contractors harmless against an and all liability, actions, causes of
action, suits, damages, claims and demands of whatsoever nature which you may
now have or which may hereafter arise out of or in connection with such risks
and dangers”.
2.Application
All enquiries, advice, quotations or estimates made or provided by or bookings
made with and/or all services rendered by or on behalf of Fares Fair Travel are
subject to these terms and conditions (‘the Conditions’).
3.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, had explained (where
applicable), understood 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’).
4.Third Party Service Providers
The Travel Agent
provides Clients with travel and/or other services either acting as 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, 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 Principal to fulfill their obligations, whether in relation to travel
arrangements, accommodation or otherwise unless, in the case of injury or
death, it is due to the negligent act or omission of the Company. 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 and terms and
conditions (or access thereto) of all the Principals relevant to the service
being provided for the Client’s booking. It’s the Client’s responsibility to
familiarise themselves with such terms and conditions (‘the Principal’s
Conditions’).
5.Car and Vehicle Hire
These contracts (‘Car Hire T&C’) are onerous & include absolutely no
fault and strict liability provisions. These Car Hire T&C must be read very
carefully and anything you don't understand or any misapprehensions you may
have must be discussed with the car hire consultant BEFORE you sign the Car
Hire T&C. Please note that you will be liable for all traffic fines and
toll fees. We strongly recommend you check the vehicle thoroughly with a representative
of the car hire business upon collection and return and ensure that any damage,
scratches, faults or shortcomings are noted & signed for. Note that the Car
Hire T&C shall constitute the sole contract between the car hire company
and the Client and any right of recourse the Client may have, will be solely
against the car hire company in terms of the Car Hire T&C.
6.Air Tickets
These tickets are linked to contracts (‘Air T&C’) which are very complex
and can entail very strict requirements regarding change, airport and departure
taxes and cancellation provisions and you MUST enquire about ALL the applicable
conditions BEFORE you pay for the ticket. You should also take note that if
your flight/itinerary consists of more than one flight/coupon/ticket, you are
not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (and
e.g. opt for train, bus or car transport) as this will VOID the entire balance
of the journey/itinerary. ‘No-shows’ may result in the ticket being voided
and/or the Client being charged a cancellation fee. Note that the Air
T&C shall constitute the sole contract between the airline and the Client
and any right of recourse the Client may have, will be solely against the
airline in terms of the Air T&C. Your rights of recourse as a consequence
of over-booking are prescribed by the CPA. Loyalty programs are governed by
strict rules of which the Client must be aware and retention of boarding passes
and other documentation pertaining to such programs is the sole responsibility
of the Client. Consult the Travel Agent about refunds for unused tickets as
strict deadlines apply.
7.Booking, Deposit and 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 and upon
acceptance of these Conditions by the Client initialling or ticking the
relevant tick boxes, the Travel Agent will prepare a quotation for the Proposed
Travel Arrangements (‘the Quotation’). A non-refundable deposit of 25%
(‘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.
8.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 updated 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.
9.Payment and Payment Terms
The balance of the Price is due not later than six weeks prior to departure [OR
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.
Credit card payments are subject to due completion of and upon the terms and
conditions specified in the Travel Agent’s credit card authorization form.
10.Prices
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 (subject to statutory
increases such as VAT). However, airfares are subject to the price and
conditions quoted by the airlines and cannot be guaranteed by the Travel Agent
(PLEASE NOTE: This applies especially regarding airport taxes for the entire
journey).
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
retain any payment made (The Travel Agent will be entitled to retain any
service fees charged).
Please note that in some case Principals may nevertheless have a clause
requiring passengers to pay an additional amount in the event of fuel
surcharges or fuel price increases even though full payment has been effected.
NOTE: Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted.
11.Responsibility, Limitation of Liability and Indemnity
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 (financial or otherwise),
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 whether
on the tour or journey or not), to or of their luggage, or other property,
howsoever caused whether or not arising from any act, omission, default, or
negligence on the part of the Travel Agent whatsoever, unless, in the case of
injury or death, it is due to the negligent act or omission of the Travel
Agent. 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 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 and howsoever arising,
unless section 61 of the CPA applies.
12.Insurance
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 this is not an exhaustive list). The Travel Agent will not be responsible
or liable if the Client fails to take adequate insurance cover 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. 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 BEFORE you depart.
Please note that various credit card companies offer limited levels of travel
insurance, which the Travel Agent does not consider sufficient cover for
international travel. Kindly check with the respective credit card companies in
order to obtain the specific details of the cover.
13.Travel Documents
Documents (vouchers, itineraries etc) are only prepared and released on receipt
of payment of the Price in full. Upon receipt of your travel documents, PLEASE
CHECK that ALL the details therein are correct.
14.Passports, Visas and Health
It is 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. Please
note that All visitors to South Africa and all clients who are travelling from
RSA to another country are required to have a minimum of three blank pages in
their passport excluding the front and back cover to enable the entry visa to
be issued – However in each case a further enquiry should be addressed to the
consulate or embassy of the relevant countries being visited. If there is
insufficient space in the passport entry will be denied and the person is
likely to be detained pending return to their country of origin. Please ensure
that all passports are renewed. 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. As a guideline,
passports should be valid for 6 months after your scheduled return to South
Africa.
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.
15.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.
16.Late Booking and Amendment Fees
A late booking fee of R 300.00 [**] per booking may be charged in respect of
bookings received within 4 working days prior to the departure date and for 2
working days or less R400.00 [**] per booking. This charge is levied to cover
communication expenses involved. An amendment fee of R200.00 [**] per booking
may be levied for any changes to the confirmed itinerary.
17.Cancellation
In the event of the 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 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
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):
Deposit of 25% non-refundable.
6 weeks prior to departure:35% of the Tour Price
4 weeks prior to departure:50% of the Tour Price
3 weeks or less:100% of the Tour Price
18.Unscheduled Extensions
In the unlikely event of there being unscheduled extension 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.
19.Itinerary Variations and Transfers
While every effort is made to keep to the final itinerary, Principals and/or
the Travel Agent reserve 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.
20.Law and 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.
21.Conduct
The Client agrees that he/she will at all times comply with the Travel Agent’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Travel Agent against damages suffered and/or costs incurred by the Travel Agent and/or any third party as a result of a breach of this clause.
22.Special Requests
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.
23.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 the Travel Agent.
24.Refunds
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.
The Travel Agent is entitled to charge an administration fee for handling of
refunds.
25.Force Majeure
The Travel 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 Travel Agent. Force
Majeure includes renovations that may be carried out at your resort – whilst
the Travel Agent 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 the Travel Agent.
The Travel Agent will use it best endeavours to recover from third parties such
monies as may have been paid to them on behalf of the Client. All monies so
recovered by the Travel Agent will be reimbursed to the Client less a 5% (Five
percent) of the Price as an administration charge. Professional fees charged by
the Travel Agent are non-refundable.
26.Currency Declarations
The Client must lodge a currency declaration (in the event of trans-border
travel) with the Travel Agent before the travel documents will be released.
27.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.
28.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 all members of a travelling party and for EACH MINOR.
29.Internet Bookings
If the Client requests or 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.
30.Driver’s License
Even if you have obtained an international driver’s licence, please take your
national driver’s licence with you.
31.Confidentiality
Subject to statutory constraints or compliance with an order of court, the
Travel Agent undertakes to deal with all Client information of a personal
nature on a strictly confidential basis.
32.Confirmation of Travel Arrangements
All onward travel arrangements (local and international and on return to RSA,
domestic connecting flights) must be reconfirmed by the Client 72 hours prior
to departure.
33.Taxes and Surcharges
Where possible airport and airline taxes and surcharges are reflected in all
prices. It should be noted that certain airlines invoke additional taxes and/or
surcharges if any changes are made to the tickets and/or routing even if the
ticket has been fully paid. Furthermore it is important that you check with the
travel agent prior to departure from South Africa what the current airport
departure tax is of all the countries you will be passing though as these taxes
are usually payable in the local currency and must be provided for.
34.Dispute - Resolution
Any and all dispute arising out of or in connection with the Conditions
including any question regarding its existence, validity or termination, shall
be dealt with as follows:
- Firstly, the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
- Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
35.DOMICILIUM ET EXECUTANDI
The parties elect their respective domicilium et executandi as reflected in the
Booking.
36.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 the Travel Agent or otherwise that is not included herein.
Dear Consumer,
Please read the following carefully & proceed accordingly:
· I have read all 36 clauses. The risk has been explained to me and I understand and accept all 36 clauses.
· If you are satisfied with that then please sign at the end of this sentence to indicate that you accept and agree to be bound by all the above T&C ___________________________________________
· If you receive the terms and conditions by email, please reply with I accept, understand and agree to be bound by the Fares Fair Travel (Pty) ltd Terms and conditions, iro of the bookings for ………………………………………………………………………….
· Signed at ………………………………………………………………….……….. on this ………….... day of ………………………….…….20 ….