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STANDARD TERMS AND CONDITIONS OF
CONTRACT
Travesphere
LEGAL CONTRACT
- All quotations or estimates provided by or bookings made
with and/or all services rendered by or on behalf of
Travesphere are subject to these terms and conditions.
The person requesting such quotations or estimates or making
such booking or to whom any service is rendered, is deemed
to have read and accepted the Conditions and to have the
authority to do so on behalf of the person in whose name the
estimate or quotation or reservation is requested and/or
provided and/or the person to whom the services are rendered
(collectively referred to as ‘the Client’).
AGENCY - Products and
services are sold by Travesphere as an agent for airline and
wholesale companies and other suppliers providing products
and services, including accommodation and transportation
services. Travesphere is not a provider of services and has
no responsibility for services provided or not provided by
any party. We give and make no warranty or representation
regarding the standard of any service or product to be
supplied and no person has authority to make any such
representation or warranty on behalf of Travesphere.
Accordingly Travesphere accepts no liability for any loss,
damage, injury, illness, harm or death which the client may
suffer as a result of any act or omission on the part of or
the failure of any such third party to fulfill their
obligations, whether in relation to travel arrangements,
accommodation or otherwise. All tickets, coupons, vouchers
and receipts are issued subject to the appropriate tariffs
and terms and conditions of sale of suppliers and these
terms. They are issued by us as agent only. It is the
clients responsibility to familiarise themself with such
terms and conditions. We have no responsibility, and extend
no guarantees for discontinued promotions, airfares or
specific holiday products.
RESPONSIBILITY - The Proposed Travel
Arrangements are made on the express condition that
Travesphere, its employees and agents, shall not be
responsible for, and shall be exempt from, all liability in
respect of loss, damage, accident, injury, illness, harm,
death, delay or inconvenience to any Client (which shall be
deemed to include the heirs, executors, administrators or
assigns of the Client), their luggage, or other property,
wherever, whenever and however the same may occur. The
Client indemnifies and holds harmless Travesphere, its
employees and agents accordingly. Travesphere, its employees
and agents shall further more not be liable for any indirect
and/or consequential loss or damages whatsoever.
LIMITATION OF LIABILITY - Travesphere,
its officers, directors, servants or agents will under no
circumstances be liable for any claim for any loss, damage
or injury suffered by any person whether to their person or
property, howsoever caused whether or not arising from any
act, omission, default, or negligence on the part of
Travesphere whatsoever, unless such claim is due to the
gross negligence of Travesphere and such claim is lodged in
writing with Travesphere within 30 (thirty) days after the
end of the Booking. Each such claim will be accessed and
compensated where possible on a case by case basis
LEGAL FEES - The Client will be liable for all
legal fees on an attorney and own client scale in the event
that Travesphere has to engage a lawyer to enforce or defend
any of its rights or otherwise.
PAYMENT AND PAYMENT TERMS
- Payment is due on or before the date specified in the
Quotation or the Booking Confirmation. 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 Travesphere may cancel the
Booking. Late payment may also result in cancellation of the
reservation by the Principal. When paying by credit card you
will be required to complete Travesphere’s credit card
authorization form.
PRICES - Prices are quoted at the ruling daily
exchange rate. Until Travesphere has received payment 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. However, airfares are subject to the price and
conditions quoted by the airlines and cannot be guaranteed
by Travesphere. 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 retaining any payment
made (Travesphere will be entitled to retain any service
fees charged).
SERVICE FEES - Travesphere
professional service fees may apply. A Menu of Services is
available from your Travesphere consultant upon request. A
surcharge may apply for credit card transactions. Credit
card payments are subject to due completion of and upon the
terms and conditions specified in Travesphere’s credit card
authorization form.
TRAVEL 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 is not an exhaustive list). Travesphere will not
be responsible or liable if the Client fails to take
adequate insurance cover or at all. It shall not be
obligatory upon Travesphere to effect insurance for the
Client except upon detailed instructions given in writing
and all insurance effected by Travesphere 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 Travesphere 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 only. Please note that various credit card
companies offer limited levels of travel insurance, which
Travesphere does not consider sufficient cover. Kindly check
with the respective credit card companies in order to obtain
the specific details of the cover.
TRAVEL
DOCUMENTS - Documents (vouchers, itineraries etc) are
only prepared and released on receipt of payment in full.
PASSPORTS, VISAS & 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 Travesphere before travelling.
Travesphere will endeavour to assist the Client but such
assistance will be at Travesphere's discretion and the
Client acknowledges that in doing so, Travesphere is not
assuming any obligation or liability and the Client
indemnifies Travesphere 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: Passport, visa and health
compliance and requirements are EXCLUSIVELY the
responsibility of the Client and Travesphere accepts
absolutely no responsibility in this regard
TRAVELLERS NAMES - It is essential
that the Client ensure all traveller’s names, as advised to
Travesphere, are as per passport / ID. Some suppliers will
deny carriage if the traveller’s name as per passport / ID
varies from the booking made. Travesphere has no
responsibility for any loss or damage arising from incorrect
traveller’s names or any inability to travel as a result of
carrier’s policies
CANCELLATION - In the event of the
Client cancelling their Booking, Travesphere shall have the
right to either claim the Deposit or to retain the Deposit
and claim damages suffered by Travesphere. 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
Travesphere. 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):
More than six weeks prior to
departure
Deposit is forfeited
4 - 6 weeks
prior to departure:
50% of the total Price
2 – 4 weeks prior to departure:
60% of the total Price
1 – 2 weeks or less:
100% of the total Price
Some airfares once issued
are non-refundable
UNSCHEDULED EXTENSIONS
- In the unlikely event of there being unscheduled
extensions to the final itinerary caused by flight
re-scheduling, flight delays, bad weather, strikes or any
other cause which is beyond the control of Travesphere, 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.
ITINERARY VARIATIONS & TRANSFERS - While
every effort is made to keep to the final itinerary,
Principals and/or Travesphere reserves the right to make
changes for the Client’s convenience e.g. in some cases,
weather conditions can necessitate an alteration in the
itinerary and this does not constitute any reason for a
refund. It is the Client’s duty to check each amendment to
the itinerary and also to sign the final one.
CONDUCT - The Client agrees that he/she will
at all times comply with Travesphere’s or others’
requirements in regard to his/her conduct and he/she will
not in any way constitute a nuisance to any other passenger
on the tour.
SPECIAL REQUESTS - Clients who have
special requests must specify such requests to Travesphere
at the time of quote acceptance. Whilst Travesphere will use
its best endeavours to accommodate such requests, it does
not guarantee that it will.
E-TICKETING
- All airlines require the production of Photo ID when
checking in with an e-ticket. ID must match with the name of
the traveller on the ticket. Each traveller must have their
Photo ID including children. The Client may also have to
produce the credit card used to process the payment. Please
note that bookings made and paid for by a third party may
require the traveller to produce a copy of the front and
back of such credit card and if payment was made in cash or
by EFT, proof of payment as well as a letter from the party
making the booking authorizing the traveller to travel –
check with the airline concerned.
CONFIRMATION
OF TRAVEL ARRANGEMENTS - All onward travel arrangements
(local and international & on return to RSA, domestic
connecting flights) must be reconfirmed by the Client 72
hours prior to departure.
CONFIDENTIALITY -
Travesphere undertakes to deal with all Client information
of a personal nature on a strictly confidential basis.
LAW & JURISDICTION - South African law
and the jurisdiction of South African courts will govern the
relationship between the Client and Travesphere. Travesphere
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.
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 Travesphere or otherwise that
is not included herein.
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 Travesphere.
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