STANDARD TERMS AND CONDITIONS OF BUSINESS OF TRAVEL AND TOURS (PTY) LTD
In these Terms and Conditions, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:
shall mean the Travel Management Company, Travel and Tours (Pty) Ltd, and/or anyone acting for or on behalf of the TMC, provided such person has been duly authorised and is acting within his or her scope of duty.
shall mean the person who applies (directly or indirectly) to the TMC for the TMC’s services including, but is not limited to, a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-contractor. The Client shall include any other person on behalf of the Client or whom the Client, represents and includes any company or organization who wishes to do business with the TMC.
shall mean these terms and conditions.
means all information of a private or confidential nature not in the public domain, including, but not limited to, an individual’s Personal Profile, and in the case of a juristic person, information of a proprietary and/or secret nature pertaining to such juristic entity.
means all arrangements made on behalf of the Clients by the TMC, to conduct business, for which authorisation or acceptance of estimated costs are required from the Client to effect payment.
“Data Management Services”
means the storage, filing and updating facilities and/or services that may be rendered to the Client, pursuant to the Client’s request, including the management of the Client or Traveller’s Personal Profile, Client trading data, and any other confidential information on the TMC’s databases, inclusive of any ancillary or incidental services as contemplated herein.
means a nominated group of individuals travelling on behalf of the Client, or in their private capacity for leisure purposes. A group constitutes in most cases 10 or more people attending an event or travelling, but this number could vary depending on supplier criteria.
means all arrangements made on behalf of the Clients by the TMC falling outside of the scope of the definition of Corporate Travel.
means all third party rewards or benefit programmes in respect of which a Client or Traveller receives or ought to receive rewards or benefits of whatsoever nature as a result of utilising the services or products of such third party.
means the internet based link that provides access to the Supplier inventory through the TMC’s online booking site. This facility provides access to pre-negotiated rates with Suppliers together with other enhanced functionality relating to such services as developed and/or updated or modified from time to time by the TMC.
shall mean, inter alia, obtaining or meeting the requirements for passports, visas, health documents, insurance, foreign exchange, Reserve and other bank approvals, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with Suppliers and other parties for whom the TMC acts as intermediary which shall, in the absence of agreement with the Client or Traveller, be rendered in the TMC’s sole discretion.
means Confidential Information relating to an identifiable living natural person, including, but not limited to:-
- Contact details, e-mail addresses, physical addresses, passport numbers and identity numbers;
- Medical, financial, criminal and employment or travel history;
- Information relating to race, gender, sex, marital status, pregnancy, nationality, colour, physical or mental health, language and birth;
- Any other confidential information about the person.
means the estimate provided by the TMC to the Client pursuant to a request or enquiry from such Client, whether received by e-mail, internet or telephonically, reflecting the estimated cost of identified travel and/or accommodation arrangements, which estimates are subject to availability and the further terms and conditions set out by the Supplier. Validity is influenced by time periods determined by the Supplier, in most cases until close of midnight on the day of booking.
shall mean any travel or other service facility, product or matter incidental thereto of whatsoever nature arranged or to be arranged by the TMC (whether directly or indirectly) to or for the “Client or the Traveller”. The aforesaid shall be used interchangeably and shall include, inter alia, but not be limited to the providing of advice or information, the booking of reservations for accommodation, transport or the like (whether by air, sea, land or otherwise), other service or facility (even though not specifically requested by the Client or the Traveller) provided by the TMC or which the TMC in its sole and absolute discretion deems necessary or ancillary to the services of facilities requested, or anything else associated with or related to travel.
shall mean the provider of air travel, accommodation, transport, tour operators, car hire, and all other relevant services or products arranged by the TMC, or any services ancillary thereto provided by the Supplier or any other party.
shall mean any other party who has made or secured any travel bookings or arrangements for the Client including the TMC’s online travel management solution or after-hours services.
shall mean any party employed by the TMC who has made or secured any travel bookings or arrangements for the Client. The arrangements can be made in the traditional travel trading environment, groups and incentives or leisure divisions. These services can also be rendered in the call centers supporting the Client base of customers after hours or the online travel management solution provided by the TMC.
shall mean any person (whether or not such person is the Client who utilises or obtains any benefit from the Services of the TMC. The Traveller shall include a potential Traveller.
- 1 The TMC carries on business under the Code of Conduct as stipulated by the American Express Global Business Travel Partner Network and provides Clients with travel and/or other Services on behalf of Suppliers 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 “the Suppliers”).
1.2 It is the Client’s responsibility to familiarise himself/herself with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed by the Supplier.
1.3 The TMC may refer to itself as an “agent” from time-to-time but is not an agent for any third party/ies.
1.4 These terms and conditions will govern all future dealings between the Parties and may be amended from time to time.
All Quotations provided by the TMC are subject to availability of the product or service from the Supplier when the Booking/Reservation is made by the TMC on the Client’s behalf. Prices quoted cannot be guaranteed due to demand and price fluctuations and/or currency fluctuations and will only be confirmed upon receipt of payment in full as contemplated in clause 14 hereunder. Bookings/Reservations may be held for a limited period only, provided however that the TMC cannot guarantee such period or Bookings/Reservations until payment has been affected in full by the Client and the TMC has paid same to the Supplier and received their confirmation.
- 1 Any person requesting a Quotation or making a Reservation 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.
3.2 Any Client providing confirmation, whether in writing or verbal, pursuant to a Quotation shall be deemed to have accepted these standard terms and conditions, and furthermore, shall be deemed to have complied with any and all “internal” requirements or authorisations, whether or not such confirmation contains an order number and furthermore, shall be deemed to have obtained the authority and/or approval of the Traveller on whose behalf the Client is accepting the Quotation.
- Destination selection
- 1The Client acknowledges that he/she has selected the itinerary and destination(s) constituting the Booking based on information gleaned from sources which have been compiled and are managed by the Suppliers. The TMC does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such information sources. The Client acknowledges that any right of recourse in that regard may be against the Suppliers.
4.2 While it may be possible to break away from the itinerary, and subject to increased cost implications, it is understood that such breakaways will be for the Client’s account.
- Date changes
Travellers or their agent can make most date changes directly with the airlines involved while they are travelling. Some dates may only be changed through the TMC. Availability of seats and date change fees are subject to the airlines’ policies and fare rules. The TMC can advise about the policies regarding a specific itinerary on request.
The TMC is able to assist in making date changes for an additional charge or as per agreement. Please enquire with the TMC regarding these additional charges. These charges will be in addition to the date change fees charged by the Supplier, including, airlines and other third party suppliers. Some airlines may not allow date changes. In order to change the travel dates of such tickets, the ticket must be submitted for a refund and a new ticket purchased for the new travel dates. (Please refer to the section on Cancellations below).
- Routing changes
Once tickets have been issued, routing changes (including adding, removing or changing stopovers or connections) may not be permitted by all airlines or other Suppliers. If a routing change is needed, the ticket may need to be submitted by the TMC to the Supplier for a refund and a new ticket purchased for the new travel routing. (Please refer to the section on Cancellations, below).
- Special requests
Whilst the TMC will use its best endeavours to accommodate or facilitate any special requests, it cannot guarantee that it will be in a position to facilitate any such demands. The earlier such requests are made prior to departure date, the better the chances of being able to facilitate such request. The Client acknowledges that the TMC is almost invariably subject to the terms and conditions of the Suppliers.
- The TMC as an intermediary
8.1 The TMC only acts as an intermediary between the Client and the Suppliers, and accordingly on receipt by the TMC of any request for a Booking(s) or pursuant to a Quotation, the TMC shall transmit any such Booking to the Suppliers concerned and endeavour to secure timeously all reservations and arrangements.
8.2 All Quotations or estimates provided by, or Bookings made with and/or all Services rendered or vouchers, receipts or tickets issued by or on behalf of the Client are subject to these Standard Terms and Conditions as well as those of any Supplier.
8.3 Services shall be deemed not to be confirmed until such time as payment in full or authorization from the TMC has been received by the Supplier, which will usually not take place until payment or authorisation for transaction, have been received by the TMC from the Client.
8.4 The Suppliers may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate Suppliers such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all Travellers and that Travellers acquaint themselves with the terms of such insurance particularly the exclusions and consider the adequacy of such insurance relative to their needs.
8.5 The TMC does not accept liability to the Traveller for any actions, errors or omissions of the Suppliers and/or their agents, which may be prejudicial to the Client or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damages of whatsoever nature or kind and the Client indemnifies the TMC accordingly.
8.6 Any right of recourse the Client may have will be solely against the Suppliers.
8.7 It shall be the Client’s responsibility to ensure that the Bookings/Reservations effected by the TMC on the Client’s behalf accord with the Client and/or Traveller’s intended travel itinerary and arrangements. The TMC shall in no circumstances be responsible for any loss, harm, damage, cost or expense of whatsoever nature and howsoever incurred in relation to incorrect Bookings/Reservations or Bookings/Reservations effected contrary to the Client or the Traveller’s intended travel arrangements. Any errors made to the Client/Traveller’s itinerary must be brought to the TMCs immediate attention.
- Limitation of liability
9.1 Neither the TMC nor any related company or representative shall be liable for any injury, illness, harm, trauma, death to the Client or any other passenger and/or loss of or damage howsoever caused and the Client indemnifies the TMC accordingly. The TMC, its directors, employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of the TMC’s employee(s).
9.2 Due to the fact that the TMC is only acting as an intermediary and as an agent of the Client/Traveller, all risk inherent in utilising the services of the Supplier, including, but not limited to, the liquidation of such Supplier or the ramifications of such Suppliers not being registered with an appropriate international governing body requiring the maintenance of certain standards and/or safety regulations, shall remain with the Client/Traveller.
9.3 All amounts paid to the TMC in respect of the Services shall be deemed not to be held in Trust by the TMC and accordingly, any amounts paid over to third party Suppliers, are paid over on the Client’s behalf pursuant to an implied instruction from the Client when accepting a Quotation and effecting payment of a Supplier usual fees or charges or deposits.
9.4 Should any Client/Traveller request to have flights booked on non-IATA registered airlines through the internet or General Distribution System, and remain insistent on confirming such travel arrangements, despite the fact that non-IATA registered airlines are not subject to stringent safety audits and there is no financial stability checks and no commitment to IATA service standards, the TMC will not be responsible for any liability for any financial or safety implications that may arise from the use of such airlines.
10.1 All Booking requests are to be provided by the Client/Traveller to the TMC in writing in line with the Client’s agreed process of authorisation.
10.2 Wherever possible, the TMC will endeavour to confirm the status of any Booking in writing whether by e-mail or sms, but any failure to do so shall not be considered to negate the validity and conditions of the Booking or to constitute an act of negligence on behalf of the TMC.
10.3 In the event of there being an unscheduled extension to the Booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of the TMC, expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for the Client’s account, unless provided or paid for by the Supplier.
10.4 Unless full payment is due at the time of making the Booking, all Bookings must be accompanied by the requested deposit or guarantee for leisure or group travel. For corporate travel, agreed payment terms are applicable (credit card settlement or other agreed terms).The TMC reserves the right to cancel any Booking without prejudice in the event of full payment or a deposit or part thereof not being received.
10.5 The price quoted to the Client is based on fares, hotel prices, land costs and other relevant costs at the date of Quotation. Most Bookings/Reservations are dependent upon prompt payment (usually within 24 hours) after reservation by the TMC. The Client is accordingly required to effect payment timeously, or confirm acceptance of the quote or offer, failing which the validity of Bookings and fares or costs may be nullified and a reprising and/or re-booking by their Supplier may be required. The Client shall bear all risk in this regard.
10.6 In the event of there being any increase in any of the foregoing costs prior to the issuing of the documents, such variation shall be for the Client’s account and payable on request by the TMC, as shall any increase in the price(s) quoted arising from the fluctuation in rates of exchange.
10.7 Leisure and group travel documents will not be issued until such time that full payment is cleared by the TMC’s bankers. Airfares are subject to the fare and fare rule conditions quoted by the airlines and cannot be guaranteed by the TMC. Should the Client’s reservation be a group booking and the group number deviates from the number required for the Booking, the Suppliers may have reserved the right to re-cost the price and raise a surcharge. Should the Client or any party of the Client’s group refuse to accept and pay such surcharge, it may result in the Suppliers cancelling the Booking and retaining any payment made. The TMC will be entitled to retain any service fees charged in such event.
- Reconfirming flights / tickets
The TMC recommends that Travellers reconfirm each flight, even if the airline says that it is not required. Where online seat allocation and check-in exists, the online process will replace all other arrangements. It is the Client/Traveller’s responsibility to check that pre-seating has been done correctly and that the Traveller is in the possession of his required boarding passes if these services are requested by the Client.
- Airline default / involuntary schedule changes
The TMC takes no responsibility in the event of a Supplier’s default or cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended. Travellers are advised to acquaint themselves with the terms of such insurance particularly the exclusions and to consider the adequacy of such insurance relative to their needs.
13.1 Prices and Reservations are not guaranteed until acceptance of the quote or offer has been confirmed or tickets have been paid for in full, and issued, and are subject to change at any time prior thereto.
13.2 Final payment for any Booking must be made upon confirmation of the Booking, unless specific arrangements have been made and confirmed in writing by the TMC, including confirmed acceptance of the quote or offer. Final payment is based upon on the quoted and confirmed price, less any deposit paid, plus any additional charges that may have been incurred.
13.3 Aside from passport, visa and other Peripheral Service fees (“additional fees”), the TMC reserves the right to charge late booking charges, communications, consultation, administration and amendment fees where applicable. With the cancellation of a trip, the agent service fees will still apply.
13.4 Tickets for specialised group and incentives reservations: As soon as the TMC receives payment, it will begin confirming and issuing tickets. Depending on the itinerary, Clients must allow for agreed timelines from the time payment reaches the TMC for tickets and/or e-ticket confirmations to be delivered. Tickets will be issued as e-tickets.
13.5 Late Payment: 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. Alternatively, the TMC may cancel the Booking in its sole discretion. Late payment may also result in cancellation of the Booking by the Suppliers and third party service providers.
13.6 Payment by credit card: When paying by credit card, the Client may be required to complete the TMC’s credit card/ booking authorisation or indemnity form and comply with the authorisation criteria as laid down by the respective Credit Card Companies and/or the International Air Transport Association (IATA).
13.7 The TMC reserves the right to charge interest at 2% above the TMC’s current prime bank overdraft rate in respect of all overdue amounts. Any invoice and/or statement received by the Client shall be payable as per agreed terms, in full and no deduction or alteration may be made by the Client should all or any part of the Services booked by the TMC be unused for any reason.
The TMC’s banking details are as follows:
13.8 Accepted forms of payment:
13.8.1 All major Namibian debit and/or Namibian credit cards, if accompanied by satisfactory identification and a signed credit card authorisation form for leisure travel.
13.8.2 Corporate travel cards with the required written authorisation for the TMC to issue travel on behalf of the Client, as stipulated by the credit card companies, is the accepted form of payment for corporate travel.
13.8.3 Direct deposit – cash only (deposit slips must be faxed or e-mailed to the TMC).
13.8.4 Electronic funds transfer (proof of payment must to be faxed or e-mailed to the TMC).
13.8.5 The TMC does not accept payments made by cheque.
Documentation for leisure or group and incentive travel will only be issued once all funds have been cleared by the TMC’s bankers. A schedule with payment requirements and cancellation fees will be provided for group bookings. The TMC will issue the travel documentation once bookings have been paid for in full and the TMC has provided the Supplier with proof of payment and confirmation. Once this is received by the TMC, the tickets and documents will be delivered to the Client and/or made available for collection by Client in the TMC’s sole discretion.
15.1 The TMC strongly recommends that travel insurance be purchased for the duration of the Client’s journey. Insurance can only be purchased prior to departure. The TMC urges the Client to take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. The Client must check the specific details of the complimentary cover with his/her respective credit card company directly.
15.2 Insurance options should be discussed with the Client’s Travel Consultant. Queries regarding insurance options and assistance to obtain insurance will be referred to an insurance provider.
15.3 The TMC is under no obligation to affect any insurance on behalf of the Client or Traveller. The TMC shall not be obliged to obtain separate cover for any risks so excluded, nor shall the TMC be under any obligation to affect a separate insurance for each Traveller, but may declare it on any open or general policy.
15.4 The risk of a failure to obtain adequate insurance cover shall be solely on the Client/Traveller and the TMC shall not be liable for any loss, harm, damage, and costs of whatsoever nature and howsoever incurred in connection with the Client/Traveller’s travel arrangements. Accordingly all queries must be addressed to the Client and/or the Traveller’s principal insurer, as the TMC shall in no way be held responsible for any and/or all information advanced by any of its staff or representatives in this regard.
15.5 Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only and the TMC will not be under any responsibility or liability whatsoever in relation thereto.
- Peripheral requirements
The TMC will, on request, endeavour to assist the Client or Traveller with Peripheral Requirements or Services, provided however, that the TMC shall not be held liable for ensuring that these Peripheral Requirements and Services are provided correctly or timeously or at all, nor ensure the accuracy of any information or any lack of information relating to such Peripheral Requirements and/or Services. The TMC does not determine the cost of some of these services but will charge specific service fees for these Peripheral Services and any assistance is accordingly rendered at the Client’s/Traveller’s sole risk.
- Travellers’ Details and Documents
17.1 Verification of Traveller’s full names and travel details: It is important that the Client provide the TMC with the Traveller’s full names as per the passenger/s travel documents (Namibian ID or passport). Failure to do so could result in the Traveller being denied boarding or face deportation due to name mismatch information. The Client must confirm that all the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s is submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by the Client.
17.2 Other documents: Other documents that may be required for the Client’s journey are the Client’s identity document/passport, an international driver’s license, inoculation certificates and hotel, car and tour vouchers. The Client is to ensure that he/she checks all of these documents at the time of issue where applicable, prior to the Client’s departure. If bookings have been made directly on the online services of the TMC, it is required that the Client will check and establish requirements for the destinations booked and paid for.
17.3 Passports, visas & health:
17.3.1 The Client is responsible for obtaining any necessary visas and travel permits for all countries that the Client will be travelling to or transiting through, and for informing him/herself as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on the Client’s nationality, the length of stay, and the purpose of the visit, among other factors. Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved or from a visa service company. It is required that the Client establish what the required criteria is for the obtaining of a visa, and ensures that the Client adheres to the requirements set out by the Embassies, Consulates or their representatives.
17.3.2 It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and that the Client’s passport will be valid for 6 (six) months to 1 (one) year after the Client’s return to his/her home country and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
17.3.3 The Client is to check the requirements with the TMC before travelling. The Client acknowledges that any advice given by a Travel Consultant should not be interpreted as legal advice concerning visas, entry requirements, immigration, or residency.
17.3.4 The TMC will endeavour to assist the Client but such assistance will be at the TMC’s discretion and the Client acknowledges that in doing so, the TMC is not assuming any obligation or liability and the Client indemnifies the TMC against any consequences of non-compliance.
17.3.5 It is specifically noted that the TMC cannot be held responsible for: Denial of the Client’s visa application for any reason; Delay of issuance of the Client’s visa by the relevant Consulate or High Commission; Loss of the Client’s passport(s) by the consular offices and/or courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Passport application delays; incorrect issuance of passport or visa.
17.4 Personal Profiles:
17.4.1 In terms of the Protection of Personal Information Act, 2013 (“POPI”), the TMC is required to obtain consent from parties where it wishes to manage, store, process, use and distribute to third parties such parties’ personal information (as defined in more detail by POPI) for the purposes of providing the Travel Management Services which include Management Information reporting to the Client. The Client shall work together with the TMC to obtain such consent from its employees and, in instances where such consent is refused, the Client acknowledges that the TMC cannot be held liable for its inability to perform the Services. The TMC confirms that it is committed to the protection of travellers’ personal information and that it has reasonable safeguards in place to protect travellers’ personal information.
17.4.2 The Client and/or Traveller shall be required to maintain their own Personal Profiles, which Confidential Information may be required by the Suppliers from time to time.
17.4.3 The Client and/or the Traveller’s undertake full responsibility for maintaining the accuracy of such information, whether or not data management services are to be provided by the TMC on the Client’s behalf.
17.4.4 The Client and/or Traveller specifically authorises the TMC to release its Personal Profile Data or Confidential Information to Suppliers or other third parties reasonably requiring such information for the purposes of the Client and/or the Traveller’s travel arrangements.
18.1 The Client acknowledges that all the TMC’s Suppliers and/or Service Providers have different terms and conditions relating to cancellation and refunds and whilst the TMC will endeavour, at the Client’s request, to assist with cancellations and refund claims, the TMC shall not be responsible for the forfeiture of any deposits, costs or charges paid or due to Suppliers or other third party suppliers, or the failure to obtain any refunds from any such Suppliers on the Client’s behalf;
18.2 The Client further acknowledges that the policies and terms and conditions of Bookings, deposits or payments also vary according to the types of fares and the cancellation notice periods afforded by such Suppliers to the Client having regard to the actual cancellation notice period given by the Client. The onus of timeously notifying Suppliers of required cancellations in accordance with those terms and conditions shall remain exclusively with the Client. The Client acknowledges that some tickets are non-refundable (irrespective of circumstances), whilst others may require significant notice periods, and furthermore these terms and conditions may vary with large group or block bookings. Any failure to cancel any booking will result in a total booking cost remaining payable by the Client which shall include any pre-payment that may have been affected on the Client’s behalf by the TMC.
18.3 In the event that the Client cancels or postpones any bookings or travel ticket purchase, for any reason whatsoever, the Client shall remain liable to the TMC for all its usual fees which shall apply regardless of cancellation, whether in the nature of administration fees, service fees or cancellation fees in respect of such services regardless of any refunds that may be obtained for the Client or notice periods afforded to the TMC.
18.4 In the case of large group bookings, the Client acknowledges that the TMC may be required to affect pre-bookings and/or pre-payment or upfront deposits on the Client’s behalf in order to secure the required volumes and as such the Client acknowledges and agrees to the terms and conditions set out herein pertaining to cancellations and refunds.
18.5 Cancellation by the TMC: The TMC reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Additionally, the TMC 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 the TMC.
18.6 Non-Refundable Tickets: Certain tickets are completely non-refundable according to airline rules and various other third party’s terms and conditions. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airliner’s default or government travel warnings will not entitle the Client to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded.
18.7 Insurance: Trip cancellation and interruption insurance is therefore highly recommended. For the best coverage, travel insurance should be purchased at the same time as the airline tickets.
- Refund Policy
19.1 The TMC shall not be required to refund the Client until such time as it has been refunded, if at all, by Suppliers or any other third party service provider and all the TMC’s fees a contemplated in clause 18.3 have been paid.
19.2 Administration fee on refunds: All refunds may be subject to an administration fee imposed by the Supplier, and in certain cases, the TMC. Refunds by the Suppliers will be subject to their terms and conditions which will include the administration fees applicable in respect of refunds and the Client is responsible for familiarising him/herself therewith. In the case of the TMC, administration fees that may be applicable in respect of refunds (over and above those fees contemplated in clause 18), shall be drawn to the Client’s attention in the fee proposals or Quotations.
19.3 The TMC, as an intermediary, can only assist in processing and following up on the Client’s refund.
19.4 In no way whatsoever does the TMC or any of its employees guarantee a refund unless it is reduced to writing and provided by the Suppliers.
- Loyalty Programmes
20.1 Whilst the TMC shall use its reasonable endeavours to ensure a Client or Traveller obtains the benefit of his/her Loyalty Programme, it shall be the sole responsibility of the Client and/or Traveller to ensure that the requirements of such Loyalty Programmes are adhered to and that the relevant Loyalty Programme operator is duly notified. The TMC shall not be responsible for any failure to obtain the benefit of a Loyalty Programme on the Client/Traveller’s behalf.
20.2 The Client indemnifies the TMC against any and all claims by any third party of whatsoever nature and howsoever arising in respect of any failure to procure rewards or benefits from any Loyalty Programme.
- WARNING – Malaria and other tropical diseases
Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The TMC strongly recommends that the necessary precautions be taken in this regard and recommend that the Client check with his/her medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon the Client’s arrival in Africa or any other tropical or sub-tropical destination. If the Client has not done so prior to departure, it is imperative the Client do so upon the Client’s return.
- Responsibility / release and assumption of risk
The Client understands and is aware that during the trip in which it/its Travellers will participate under the arrangements of the TMC and its agents, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including but not limited to the hazards of travelling in unsafe areas or under unsafe conditions, the hazards of travelling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and/or the bankruptcy, insolvency or cessation of services by, the TMC’s affiliated companies, airlines, other third parties or subcontractors. In consideration of, and as part of the payment for, the right to participate in such air itineraries, the Client has and does hereby expressly assume all of the above risks.
- Foreign exchange
This may be purchased up to 60 (sixty) days prior to departure. The Client can place a foreign exchange order with his/her Travel Consultant. Foreign exchange regulation compliance is the Client’s sole responsibility.
23.1 Subject to statutory constraints or compliance with an order of court, the TMC undertakes to deal with the entire Client’s Confidential Information on a strictly confidential basis. The TMC may provide certain information to the Suppliers for the purpose of the Client’s travel arrangements, in terms of, which the Client hereby provides its irrevocable consent.
23.2 Although the TMC will endeavour to maintain the confidentiality of such information, once distributed to third parties, the confidentiality can no longer be guaranteed by the TMC.
23.3 The Client acknowledges that it may become possessed of Confidential Information proprietary to the TMC, such as, without limiting the generality of the afore-going, rates, service fees and contractual arrangements with Suppliers. The Client undertakes to maintain the confidentiality of such information and not to disclose or distribute such information to third parties without the TMC’s prior written consent, acknowledging that a breach of the undertaking could result in the TMC suffering damages.
- Departure Tax
24.1 Certain destinations may require a departure tax which is payable in cash locally upon departure. This tax is not included in the prices quoted.
24.2 Departure taxes or other local taxes are subject to change without notification and it is not always possible for the TMC to inform the Client and/or Traveller in advance. Furthermore the currency in terms of which such taxes may be payable is also subject to change and it is the Client/Traveller’s responsibility to ascertain the amounts and currency requirements prior to departure.
- Internet Bookings
25.1 If the Client requests or instructs the TMC to do bookings via the Internet, the Client irrevocably authorises the TMC 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.
25.2 Online bookings or bookings made through the TMC’s online facilities are the sole responsibility of Client utilising such facilities. The TMC will not be held responsible for any errors made by the Client with respect to such online or internet bookings, nor for any cancellations, refunds or service breakdowns to the facilities whatsoever.
25.3 Whilst the TMC will endeavour to facilitate the on-going availability of its internet, online facilities, it cannot guarantee 100% availability on a 24 hour basis, 7 days a week. The TMC shall, where possible, provide the Client prior notice of scheduled maintenance, which maintenance shall be scheduled for the most convenient time so as to minimise inconvenience to the Client/ Traveller.
25.4 The TMC shall have the right to take whatever action it deems appropriate in order to protect the confidentiality, security and integrity of the online or internet connections. Where the TMC provides the Client with personal access codes to enable the Client to access the online facilities, it shall be the Client’s responsibility to ensure that only authorised representatives have access to its personal access codes. Any use of the Client’s personal access codes by any unauthorised person whatsoever, shall be deemed to be authorised use and the Client shall be responsible for all fees resulting from such access.
26.1 The Client/Traveller is required to check the Suppliers baggage conditions in order to ascertain their free baggage allowance and excess baggage costs.
26.2 In addition to the afore going, the Client/Traveller is required to familiarise themselves with unacceptable baggage items in terms of the International Civil Aviation Organisation (ACAO) technical instructions as well as the International Air Transport Association (IATA) Dangerous Goods Regulations – refer to www.iata.org-bags for information and links. For safety reasons dangerous articles must not be packed in checked or cabin baggage. Restricted articles include but are not limited to, compressed gasses, corrosives, explosives, flammable liquids, oxidising materials, poisons, and infectious substances.
26.3 Generally speaking air travel passengers are allowed 1 piece of hand luggage with specified weight and size requirements. These requirements are indicated on ticket confirmations and on the airline website. Additional weight and size may require the passenger to check such baggage in as checked baggage which may incur increased charges.
- Foreign exchange
This may be purchased up to 60 (sixty) days prior to departure. The Client can place a foreign exchange order with his/her Travel Consultant. Foreign exchange regulation compliance is the Client’s exclusive duty. Compliance with all applicable legislation will also apply especially when the Client instructs the TMC to make and pay for travel arrangements on the Internet.
- Interpretation, law applicable and jurisdiction
28.1 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.
28.2 The rule of construction in terms of which any ambiguity in the interpretation in these terms and conditions shall be interpreted against the Party responsible for the drafting of same shall not apply.
28.3 This agreement is governed by Namibian 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 Terms and Conditions.
28.4 This document reflects the only and full agreement between the Client and the TMC 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. The Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the TMC 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 the TMC, this document will always have preference. The Client will be liable for all legal fees of an attorney and own client scale in the event that the TMC has to engage a lawyer to enforce or defend any of its rights or otherwise.
The Client hereby choses the address set out on the credit application to which these terms and conditions are annexed, if applicable, or the physical addressed furnished to the TMC by the Client as its chosen address for the purposes of receiving notices.
Any dispute, difference or question which may arise at any time hereafter between the parties touching the true construction of the terms and conditions or the rights and liabilities of the Parties hereto shall, unless otherwise herein expressly provided, be referred to the decision of a single arbitrator to be agreed upon between the parties, or, in default of terms and conditions for 14 (fourteen) days, to the appointed at the request of either party in accordance with, and subject to, the provisions of the Arbitration Act 42 of 1965 or any statutory modification or re-enactment thereof for the time being in force.