Terms and Conditions
The following Terms and Conditions should be read and understood prior to confirming your travel. Tshomo Divine Travels’ purpose is to deliver memorable travel experiences to our leisure and corporate clients. Please read the following terms and conditions carefully. Do not confirm any booking unless you understand and agree with the following terms and conditions.
- Interpretation
1.1 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation.
1.1.1 Unless the context clearly indicates a contrary intention, any word connoting:
1.1.2 any gender includes the other two genders;
1.1.3 the singular includes the plural and vice versa; and
1.1.4 natural persons includes juristic and artificial persons and vice versa.
1.2 if figures are referred to in numerals and in words and if there is any conflict between the two, the words shall prevail
1.3 When any number of days, or Business Days, is prescribed, such number shall exclude the first and include the last, unless, in the case of days, the last day falls on a Saturday, Sunday, or a public holiday in South Africa, in which case the last day shall be the next succeeding Business Day.
1.4 A reference to an enactment is a reference to that enactment as at the date of accepting of these Terms and Conditions and as amended or re-enacted from time to time.
1.5 The rule of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply.
1.6 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Terms and Conditions.
1.7 The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned.
1.8 Where any term is defined within the context of any particular clause in these Terms and Conditions, then, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, the term so defined shall bear the meaning ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in the definition clause.
- Definitions
The following words shall, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings:
Business Day – any day other than a Saturday, Sunday or public holiday in South Africa;
Consumer Protection Act – the Consumer Protection Act No. 68 of 2008, as amended or re-enacted from time to time, including any regulations promulgated thereunder;
Corporate Client – a legal entity whose name is used for a booking on behalf of travelers;
Customer – Corporate Client and Individual Customer or either of them as the context may indicate. “You” or “Your” shall have a corresponding meaning;
TD Travels – Tshomo Divine Travels (Pty) Ltd (Registration number: 2016/292037/07)
Leisure client – an individual making bookings in his or her personal capacity;
POPI – the Protection of Personal Information Act No. 4 of 2013, as amended or re-enacted from time to time, including any regulations promulgated thereunder;
ROE – Rate/s of Exchange;
South Africa – the Republic of South Africa;
Suppliers – third party service providers of, including but not limited to transport, accommodation, car rental, activities and other travel related products and “Supplier” shall have a corresponding meaning;
Terms and Conditions – these terms and conditions, including the booking form;
Traveler – a person on whose behalf a booking is made.
Application
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of TD Travels 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 to, 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
TD Travels 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. TD Travels 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 fulfill 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.
Destination Selection
The Client acknowledges that it has selected the itinerary and destination(s) constituting the booking based on information obtained from brochures and/or the Internet or any destination of their choosing. Accordingly, TD Travels 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.
Until such time as TD Travels 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
TD Travels will affect the booking once the client has advised them of their travel requirements either verbally or in writing. Wherever possible TD Travels will endeavor 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 TD travels.
Deposit
A non-refundable deposit of R1000.00 per person is required to confirm the booking with the Supplier. In the event of TD Travels being unable to confirm the requested travel arrangements or something similar then 50% of the deposit will be refunded however at the time of final payment this non-refundable deposit will be deducted from the total invoice.
If the client decides not to take the booking that he requested, then no refund will be granted.
Booking Forms
The client must complete, sign, and return to TD Travels booking forms that have been forwarded to them together with all the travelers identity documents.
Payment – Air Tickets
TD Travels 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 TD Travels 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. TD Travels will not be responsible should the original flights and price not be reinstated.
E-Ticketing
All passengers including Children and Infants traveling 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 booked.
Payment – Land Arrangements
The balance of price is due between four and eight weeks before departure. The final payment must always be re-confirmed due to the fluctuation of the Rand. Late payment may result in the Supplier cancelling the reservation and TD Travels will not be liable should the original booking not be reinstated.
Application
The only acceptable forms of payment are:
- Direct cash deposits. The payment must reflect in the TD Travels bank account before the Supplier is paid.
- Electronic Funds Transfer (EFT).
- Visa, MasterCard, 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.
Some Suppliers will only accept credit cards if TD Travels 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 TD Travels.
Late Booking
A booking with TD Travels will be considered “late” when the client requests any travel arrangements four working days before the intended date of departure. TD Travels will advise the client of these costs at the time of enquiery and this fee will be non-refundable.
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 authorized representative of TD Travels.
Amendment Fees
TD Travels 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 TD Travels or the Suppliers, it is understood that any expenses relating to these unscheduled changes (hotel accommodation etc.) will be for the Client’s account.
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, TD Travels shall have the right to either claim or retain the deposit and claim damages suffered by them. TD Travels 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 TD Travels.
Refunds
No refunds will be considered in any circumstances whatsoever by the TD Travels. All Refunds by the Suppliers will be subject to their terms and conditions.
Insurance
TD Travels 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 TD Travels strongly advised that all Clients take out adequate insurance cover. Assistance for this insurance is available on request. TD Travels will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
It shall not be obligatory upon TD Travels to effect insurance for the Client except upon instructions given in writing and all insurance effected by TD Travels 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 TD Travels shall not be obligated 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 TD Travels will not be under any liability whatsoever.
Some credit card companies offer limited levels of travel insurance; which TD Travels do not consider sufficient cover for international travel. TD travels 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 full payment.
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 TD Travels 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 License
Should the client be driving overseas they must obtain an International Drivers License in their country of residence prior to their departure. The client must also take their National Drivers License with them as proof.
Visas and Health
It is entirely the clients’ 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. TD Travels will assist the Client but such assistance will be at TD Travels discretion and the Client acknowledges that in doing so, TD Travels is not assuming any obligation or liability and the Client indemnifies the TD Travels against any consequences of non-compliance.
It is the Client’s duty to familiarize 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 South Africa, 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 TD Travels in the Enquiery or in response to the Estimate. Whilst TD Travels will do their best to accommodate such requests, it does not guarantee that it will.
Online Check in
TD Travels 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 TD travels does so subject to the following conditions:
- TD Travels 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 TD Travels unless specific seating has been requested in writing as per ‘Special Requests’ above
- However TD Travels 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 TD Travels if the requested seats or seating configuration is not allocated by the airline
- It remains the exclusive duty of the Client to:
- monitor and re-confirm flight times and to arrive at the airport timeously;
- advise the airline if they are delayed or will not be flying. If TD Travels have been tasked with the return on-line check-in, they must also be advised and the failure to do so will release TD Travels from any liability whatsoever
- 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 TD Travels or others’ requirements in regard to his/her conduct and he/she will not in any way be 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.
Responsibility and Limitation of Liability
The Proposed Travel Arrangements are made on the express condition that TD Travels and its employees, 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 TD Travels whatsoever, unless such claim is due to the negligence of the TD Travels and such claim is lodged in writing with the TD Travels 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 TD Travels and its employees accordingly. TD Travels and its employees shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
Force Majeure
TD Travels 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 TD Travels. Force Majeure includes renovations that may be carried out at your resort – whilst TD Travels will use its best endeavors to provide current information in that regard and whilst the resort will use it best endeavors 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 TD Travels. All monies paid to TD Travels 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 TD Travels. TD Travels 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, TD Travels 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 TD Travels 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 TD Travels or otherwise that is not included herein.
