In these standard terms and conditions of contract:
- the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
- unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
- Res24Seven and mtbeds (hereafter collectively or individually referred to as “the Company”) are divisions of Comair Limited, Registration Number 1967/006783/06.
- “the client” means the person / s requesting a quotation or making a reservation (whether it be a provisional or confirmed reservation) or to whom any service is rendered and who contracts with the Company on the terms and conditions set out hereunder. The client shall also include any agent who makes any reservation on behalf of third party clients. Such agent, as well as the persons named on the provisional and/or the confirmed reservation form, shall be jointly and severally liable to the Company for the performance of their obligations in terms of these standard terms and conditions, as well as any terms and conditions contained in the quotation pursuant to any reservation;
- “services” means the provision of accommodation, flights, car rental, transfers, activities and any other travel related products. Such services include, but shall not be limited to the contracting by the Company, , with third party service providers for the provision of hotel, lodge, backpackers' and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the aforegoing.
- “supplier” means third party service providers for the provision of hotel, lodge, backpackers' and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other service providers as featured on this website.
This website is offered to you, the client, conditional upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms and conditions as set out hereunder.
Bookings will only be confirmed once full payment has been received. Payment may be made by credit card via this website. A 100% deposit is payable by the client at the time of making the reservation. Bookings cancelled more than 45 days prior to travel may be eligible for a 50% refund. Any refund shall be dependent upon the arrangement between the Company and the supplier at the time the request for cancellation is made by the client. All bookings cancelled 45 days or less prior to arrival, the client will forfeit a 100% of the payment made.
All information contained on the Company's website and price displays are to the best of the Company's knowledge and belief true and correct, but the Company accepts no liability for any errors/inaccuracies contained therein.
The Company reserves the right to amend and increase any quotation, even after acceptance by the client of the quotation until such time as payment has been received in full. Such amendments shall be effected in the event of any adverse currency fluctuations, increases in Government or Statutory levies and increases levied by suppliers but not necessarily limited to such events.
Prices quoted on this website, are based on air fares (where included), hotel prices, land costs and rates of exchange as at the date captured on the website. The Company will make every effort to ensure that prices are regularly updated, however the Company reserves the right to adjust tour prices at time of booking in accordance with increases in air fares, hotel rates and currency fluctuations after the brochure date.
Once a booking has been confirmed, any changes shall be subject to an administration fee of R150 per alteration. No amendments to confirmed reservations may be made within 14 days prior to departure.
SECURE CREDIT CARD PAYMENTS
All transactions are conducted using secure socket layer technology (SSL). A client's credit card details are never stored by the Company, but are passed on to the acquiring bank via a payment switch in an encrypted format, again using SSL technology. The payment switch has been security certified by the Company's acquiring bank. A padlock symbol indicates that the client is on a page(s) that has been secured using SSL technology. While the Company exercises great care in providing secure transmission of the client's personal information, the Company cannot guarantee the security of any information transmitted via the internet to or from this website and the client accordingly agrees that they transmit such information at their own risk.
The Company makes use of the VCS payment switch to ensure that all credit card transactions occur in an encrypted format using SSL technology. This payment switch has been security certified by our acquiring bank, Nedbank.
Once a credit card payment has been authorised by the client's bankers, and the Company receives the deposit, guarantees are paid to the suppliers by the Company. The Company shall pay the suppliers directly.
The Company will not be responsible for any additional charges not accepted in the quotation that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected.
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.
The Company nor its suppliers will be responsible or liable if the client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the client except upon detailed instructions given in writing and all insurance effected by the Company 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 Company shall not be obliged to obtain separate cover for any risks so excluded.
The Company acts as an agent/broker in packaging the tours and travel arrangements featured on this website, utilizing the products of various suppliers. The Company's agency agreement with the suppliers is limited to the offering of the suppliers' products to the client via the website.
While the Company makes every effort to engage quality suppliers among the hotels, tour operators and other suppliers to provide the travel products featured on this website, it does not have direct control over the provision of services by suppliers and the Company and/or its representatives, will not be responsible or liable for any act, error, or omission, or any injury, loss, damage, accident, delay, any additional costs or irregularity which may be occasioned through the negligence, misconduct or breach of any supplier engaged in carrying out the purpose for which tickets, confirmations or coupons are issued.
All bookings are subject to the additional terms and conditions specified by the supplier of the services which shall be provided by the Company to the client with the quotation. The client shall be deemed to have accepted such additional terms and conditions of the supplier on acceptance of the quotation.
If in the opinion of the supplier the fulfilment of any tour is considered impossible, illegal or inadvisable because of weather conditions, unrest, strikes, war and/or any other adverse factors beyond the supplier's control, the supplier may at any time cancel such tour or what remains of it or make alterations to the route, accommodation, price and/or any other aspect thereof as it deems fit, and any losses and expenses resulting from such cancellation or alteration shall be for the account of the customer. The Company shall have no liability to the client in this regard.
The Company accepts no liability for changes, omissions or delays before or during the course of any published tour or other travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, communication breakdowns, medical emergencies, accidents or events beyond the control of the Company. All expenses occasioned by such events, including but not limited to unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional air fares, telephone and meal costs, medical expenses etc, will be for the customer's account.
Save in the event of wilful misconduct or gross negligence by the Company, neither the Company nor its holding or parent company or representatives shall be liable for any loss, injury, death or damages, arising from any tour/travel package/travel arrangement set out on the website.
The Company shall not be liable for any claims, losses, damages, costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever, resulting from events beyond our or a supplier's reasonable control, including but not limited to acts of God, strikes, lockouts or other labour disputes or disruptions, wars, blockades, insurrections, riots, earthquakes, weather conditions, floods or acts or restraints imposed by government authorities.
On the very rare occasion that it may be necessary, the Company reserves the right to substitute hotels listed with others of a similar or higher category at no additional cost to the client.
Special requests must be made at the time of booking. The Company will endeavour to comply with the special requests, which will be for the cost of the traveller, but cannot guarantee that such requests will be met.
TRAVEL DOCUMENTS, PASSPORTS, VISAS, VACCINATIONS, INOCULATIONS AND RE-ENTRY PERMITS AND INTERNATIONAL DRIVER'S LICENCES
All travellers will be personally responsible for ensuring that they are in the possession of the correct documentation prior to their departure.
Neither the Company nor the supplier shall be responsible for any consequences whatsoever should the traveller fail to ensure that he/she has complied with the necessary health, passport, visa or re-entry permit requirements. Due to the constantly changing requirements of each country, neither the Company nor the supplier shall be responsible or liable for any information, which it or its representative may furnish to the traveller in relation to the above.
Should the Company be required to courier documents; any costs incurred will be for the passenger's account.
If clients intend to drive a rental car, they should obtain an international driving permit from their local AA office in South Africa. The client must also be in possession of his/her local driving licence and produce this at the car rental check-in counter when travelling domestically.
The Company requires that all foreign payments that are made on behalf of the client must be deducted from the client's foreign exchange allowance. A currency declaration to this effect must be lodged before final documentation can be released.
There is no warranty that any information or service provided or referenced by this site is either merchantable or accurate, that such information or service will fulfil any of your particular purposes or needs, or such that information or service does not infringe on any third party rights. Except for any express warranties stated on this site, if any, the information and services provided or referenced on this site are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. So, while the Company uses reasonable efforts to include accurate and up-to-date information on the website, the Company makes no warranties or representations as to its accuracy. The Company may periodically add, change, or improve any of the information, products, services, programs, and technology described on the website without notice. The Company assumes no liability or responsibility for any errors or omissions in the content of the website. The Company shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or inconsequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this website or any agent of The Company.
During the booking process the Company may require certain information to enable it to confirm a reservation, process payment and e-mail the confirmation. This information is always passed through our secure portal using the secure socket layer technology (SSL).
Similarly, the safeguarding of the Company's data is critical to its business and it has taken all steps necessary to ensure that its databases are not compromised by unlawful or malicious entry.
The personal information collected on this Web Site may be used to provide and improve services to clients and to operate and improve browsing and interaction via this Web Site. In addition, the Company may use this information to provide marketing information to clients.
Personal information which is collected from clients will be stored and processed in the Republic of South Africa according to industry best practice. Personal information will not be traded, sold or leased to third parties. While the Company will attempt not to disclose any of the client's personal information to third parties, except when the Company has the client's permission or for purposes of its legitimate business interests, the Company does not guarantee that a client's personal information will not be shared with third parties without their permission.
While the Company exercises great care in providing secure transmission of a client's personal information, the Company cannot guarantee the security of any information transmitted via the internet to or from this Web Site and the client accordingly agrees that they transmit such information at their own risk.
The Company shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.
No indulgence, which the Company may grant to any party, shall constitute a waiver of any of the rights of the Company who shall not thereby be precluded from exercising any rights against the customer and/or the traveller which may have arisen in the past or which might arise in the future.
South African law and the jurisdiction of South African courts will govern the relationship between the Client and Mtbeds. Mtbeds 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.