TRAVESPHERE – STANDARD TERMS AND CONDITIONS
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 furthermore 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 Professional Service Fees list 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 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. Airlines do not permit name changes and travel arrangements are not transferable. 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 / CHANGES – The applicable cancellation penalties and change fees on a booking will depend on the rules of the ticket or the rules / terms and conditions of the third party supplier supplying the product. The third party supplier generally charges a fee and Travesphere retains the right to charge an administration fee over and above the suppliers’ charges. Cancellation fees can be as much as 100% depending on when the Client cancels the booking and the supplier rules applicable. All cancellation / change requests must be received in writing by the Client and all related penalties and / or change fees will be payable by the Client.
Some special airfares once issued are non-refundable at any stage.
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.
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.