Terms and Conditions
APPLICATION – All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Cut Above Travel & Tours CC (‘the Company’) are subject to these terms and conditions (‘the Conditions’).
THE CLIENT AND AUTHORITY- 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’).
THIRD PARTY SERVICE PROVIDERS – The Company provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel and tourism industry, such as airlines (‘collectively referred to as ‘the Principal’). The Company represents the Principals as agents only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any alteration act or omission on the part of or the failure of the Principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. Thecontract in use by the Principals (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal. The Company will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).
BOOKING, DEPOSIT, RESERVATION & PAYMENT – Once the Client responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquir), about a particular destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) the Company will prepare and provide the y’ Client with a quotation (by hand, telefax or e-mail) (‘the Quote).It is the Client’s responsibility to check ALL the facts and information contained in the Quotation and if not correct, to advise the Company, who will prepare a revised quotation for the Proposed Travel Arrangements (It should be noted that Quotations provided for Proposed Travel Arrangements that will take place far in advance, the Quotation will be suitably qualified as many of the price components may change in the interim). A non-refundable deposit of 25% (‘the Deposit’) of the total estimated value of the Proposed Travel Arrangements (‘the Price’) as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking’), subject to payment of the balance of the Price in due course as specified herein*. The Company will not proceed with the making of the reservation if the deposit and a signed Quotation are not received. The Company reserves the right to cancel any reservations that may have been made if the deposit is not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of your Booking (‘the Booking Confirmation Form’), which the Client must sign and return to the Company, together with a further 25% of the Price within 7 (seven) days.. The full balance (50%) is due 30 (thirty) days before departure. The Company reserves the right to cancel any reservations that may have been made if any payment is not received timeously. Bookings made within a month of departure or arrival, require a 100% (of which 25% is non- refundable) upfront payment is required to commence booking and reservations.
* In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received the applicable date the airline will automatically cancel the reservations.
METHOD OF PAYMENT – All payments are to be made by electronic funds transfer into the company´s account .Bank details will be provided on submission of signed booking form.
In the event of Client cancelling their reservations, the Company shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Company. The Company reserves 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 the Company. 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):
50 – 31 days prior to arrival 25% cancellation fee (i.e. the non-refundable deposit) will be deducted.
Less than 31 days prior to arrival or on making the reservation within 30 days:
(1) The final rooming lists, room requirements and full payment of the contractual amount must be paid into Cut Above Travel and Tour’s account.
(2) Any rooms cancelled will be subject to 100% cancellation charge for full accommodation booked.
Cancellations made less than 7 days notice are subject to a cancellation charge of 100%.
Cancellation within 30 days of the tour 25% of the amount (i.e. the non-refundable deposit) plus any other non-refundable deposits already made by us to the hotels or any other suppliers. In all cases actual cancellation charges are levy able if the same are levied by the hotels, airlines, railways, or suppliers. Any change or rerouting of itinerary should be advised to us immediately and we reserve the right to levy any applicable service charges.
PRICES – Note that the Company reserves the right to amend the Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is returned to the Company. Furthermore, prices are quoted at the ruling dailyexchange rate. Until the Company has received payment of the Price 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 (subject to statutory increases such as VAT and bed levies). Should it be a group booking and the group number deviate from the number required for the Booking, the Company reserves the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed (This applies especially regarding airport taxes for the entire journey).
NOTE: Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted.
RESPONSIBILITY & LIABILITY
Each tour package comprises of one or more service components: the organization of transport, meals, entrance fees, accommodation and/or other facilities or services. Cut Above Travel and Tours has no direct day to day control over its suppliers. Accordingly Cut Above Travel and Tours accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience which may be occasioned by any defect in any object (including a vehicle) utilized by any supplier for the supply of any service or by an act or omission of any supplier or its servants or agents.
Cut Above Travel and Tours shall not be liable for any loss or expense arising from the loss of property, cancellation or curtailment of the tour however caused, save only to the extent that such loss of baggage, cancellation or curtailment was caused by the Cut Above Travel and Tours negligence. If sickness or accident interrupts a tour, Cut Above Travel and Tours shall not be liable for any cost or expense arising there from, save only to the extent that such sickness or accident (beyond any reasonable doubt) was caused by Cut Above Travel and Tours will full act or gross negligence. Cut Above Travel and Tours shall not be liable for any refund, either total or partial, of passage money paid. Cut Above Travel and Tours recommends the travelers to take out necessary insurance to protect against such eventuality.
Cut Above Travel and Tours needs to receive any claim in writing within 28 days after the end of our services under the contract. Where any payment is made, you will assign to Cut Above Travel and Tours or our insurers any right you may have to pursue any third party in relation to the claim and provide us with your full co-operation.
Carriers etc: In respect of air, sea and rail carriers, land vehicles and hotel owners Cut Above Travel and Tours liability is in all cases limited as if Cut Above Travel and Tours were carrier/hotelier within the relevant and appropriate international conventions. Furthermore, all transport is provided subject to the relevant carrier´s conditions of carriage, some of which may limit or exclude their liability to you, often in accordance with international conventions.
General: Please note our responsibilities and obligations apply only in respect of those services, which Cut Above Travel and Tours agree to arrange or provide on your behalf. Cut Above Travel and Tours cannot accept any liability for any services arranged on your own.
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. The Company will not 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 affected 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. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. 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
Please note that various credit card companies offer limited levels of travel insurance, which the Company does not consider sufficient cover for international travel. 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 of Tour Price in full.
PASSPORTS, VISAS & HEALTH – It is the 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 the Company before traveling. The Company will endeavour to assist the Client but such assistance will be at the Company´s discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company 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 notethat All visitors to South Africa are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The Client must ensure that the details supplied to the Company mirror those details shown on their passport for international travel and ID documents for local travel.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
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.
LATE BOOKING & AMENDMENT FEES – A late booking fee of R 1000.00 per booking will be charged in respect of bookings received within 4 working days prior to the departure date & for 2 working days or less R1500.00 per booking. This charge is levied to cover communication expenses involved. An amendment fee of R300.00 per booking will be levied for any changes to the confirmed itinerary.
UNSCHEDULED EXTENSIONS – In the unlikely event of there being unscheduled alterations to the itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Company, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will befor the Client’s account.
ITINERARY VARIATIONS & TRANSFERS – While every effort is made to keep to all published itineraries, Principals and/or the Company reserve the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the tour itinerary and this does not constitute any reason for refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one.
BREAKAWAYS – While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.
COACH & AIR CHARTER – Please note that the flying services and coach transfers are sub-contracted to independent companies. They are responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client account.
DESTINATION SELECTION: The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and up-dated by the Principals over which the Company has no control. Accordingly the Company 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 Principal.
LAW & JURISDICTION – South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company The Company 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.
CONDUCT – The Client agrees that he/she will at all times comply with the Company’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 – Client, who has special requests, must specify such requests to the Company in the Enquiry. Whilst the Company will use its best endeavours to accommodate such requests, it does not guarantee that it will.
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 the Company.
REFUNDS – No refunds will be considered in any circumstances whatsoever. Refunds by the Principals will be subject to theirterms and conditions.
CURRENCY DECLARATIONS – The Client must lodge a currency declaration (in the event of trans-border travel) with the Company before the travel documents will be released.
FOREIGN EXCHANGE REGULATION COMPLIANCE – This is the Client’s exclusive duty. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the Internet.
e-TICKETING – The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to all members of a traveling party and for EACH MINOR.
FORCE MAJEURE – 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 Company – Force Majeure includes renovations that may be carried out at your resort – whilst the travel agent will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours 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 the travel agent. All monies paid to the Company by the Client will be reimbursed less a 5% (Five percent) of the Price as an administration charge.
LEGAL FEES – The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce any of its rights or otherwise.
CONFIDENTIALITY – Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
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.
INTERNET BOOKINGS – If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company 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.
DRIVER’S LICENCE: Even if you have obtained an international driver’s licence, please take your national driver’s licence with you
TAXES & SURCHARGES: Where possible airport and airlines taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore it is important that you check with the Company prior to departure fromSouth Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for
DISPUTE – RESOLUTION
Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:
1 Firstly the manager director or equivalent of either party will meet within 5 (five) working days of the dispute arising in an attempt to resolve the mater amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2 Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
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 regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein.