These terms and conditions apply to travel sales by South African Travellers PTY Ltd.
The terms and expressions appearing herein shall have the meaning attributed to them in the definitions appearing below:
1. DEFINITIONS
“SAT” stands for South African Travellers PTY Ltd, a company registered in South Africa (number: 2014/067271/07).
- Contact information :
South African Travellers Pty Ltd / South African Law Society
Physical address: 8 Governors Walk, 7872 Cape Town, South Africa
E-mail: [email protected]
Phone: 0027 (0)72 920 0490
“Client” means the person or entity contracting the Service provided by SAT. Anyone making a reservation for a Client is jointly and severally liable vis-à-vis SAT for compliance with these conditions.
"Service" means the sale of trips and stays in Southern Africa (including South Africa, Lesotho, Swaziland, Mozambique, Namibia, Botswana, Zimbabwe and Mauritius) including accommodation, transfers, activity bookings and safaris as well as domestic transport.
All of these services will be provided in English, unless otherwise specified. Only assistance provided by the SAT team will be provided in French, Dutch or English.
"Partner" means any person or legal entity appointed by SAT for the Client and forming part of the provision of the Service.
“Quote” means the quote posted on one of the SAT websites or the document sent by e-mail.
"Date of departure" means the date on which the Client has planned to board the plane bound for the African country as mentioned in the online quote accepted by the Client.
"Price of the stay" means the price mentioned in the Quote and accepted by the Customer.
2. APPLICATION OF THE GENERAL CONDITIONS OF SALE
SAT is a travel intermediary that offers its customers Travel Organisation Services (including reservations for accommodation, flights, car rental) provided by various Partners. In its role of intermediary, SAT cannot therefore be held responsible for the damage suffered by the Customer following a breach on the part of its Partners.
3. QUOTATION, REGISTRATION, CONTRACT, REGLEMENT
- REGISTRATION
Following the Customer's initial request, SAT will request the necessary information from the Customer either by telephone or by e-mail. SAT will then provide a Quote to the Client. The payment of a non-refundable deposit of 40% of the price of the stay will constitute acceptance of the Quote by the Customer and will be valid as a Contract accepted by both parties.
SAT will allow the Customer to modify the structure of his itinerary for a period of up to 60 days before the Scheduled Departure Date.
The Customer accepts that changes in the components of his itinerary may increase the Price of the stay in which case the Customer will receive an update of the Price of the stay.
All Quotes are only valid for a period of 15 days, subject to the conditions mentioned below. If the Customer does not accept the Quote within this period, the Quote will no longer be valid.
- CONTRACT
The quotation accepted is valid as a Contract accepted between SAT and the Client.
Therefore, the acceptance of a stay (on the basis of the payment of the deposit for the stay as indicated in the
Quote) is also valid for acceptance of our General Conditions of Sale.
This Travel Contract or its confirmation covers all the services included or not included.
This Contract as well as the General Conditions of Sale specify the following elements:
- The specific requirements of the Client which SAT has accepted;
- The name, address, telephone number and email address of SAT that the Customer can quickly contact to request assistance if the traveler is in difficulty or to complain about any possible non-compliance are specified in the article. 1 of these General Conditions of Sale;
- The Customer has the obligation to communicate to SAT via the contact details specified in article 1 of these General Conditions of Sale, any non-conformity that he finds during the execution of the trip;
- A deposit of 40% is to be paid within 7 days after receipt of the quote as confirmation of the order. Payment of this deposit constitutes acceptance of the Travel Quote and confirms the Customer's acceptance for the trip described in the Quote.
- The balance must be paid at least 60 days before the scheduled date of departure.
- If the travel offer is accepted within 60 days of departure, the Customer will make full payment.
- In the absence of payment of the deposit and the balance within the above period, SAT will not be required to maintain the availability of the trip, stay, flight or, in general, services, which are considered canceled by the Customer. In this case, SAT will be entitled to retain an amount corresponding to the cancellation compensation provided for in the article below, as well as the administrative costs and the insurance taken out, which are not refundable.
The price of the stay may be subject to an upward billing update up to 20 days before the departure date, in particular in the following eventualities:
-a change in the exchange rate (depreciation of the Euro against the Rand),
-an increase in South African taxes,
-an increase in the price of housing.
- In the event of modification of the Quote following the factors mentioned in the previous paragraph, SAT will notify the Customer immediately and the Price of the stay mentioned in the Quote will no longer be valid. Only when the Price of the stay increases by more than 8%, the Customer will have the right to cancel the reservation within 3 days of notification of the price increase by SAT. In this case, the Customer will be refunded (the 40% deposit remains non-refundable). In all other circumstances, the Customer will be obliged to accept the price increase.
- Any costs of bank transfers, payment by credit card and currency exchange will be fully borne by the Customer. The Customer will provide proof of payment to SAT directly after payment of the deposit and the balance. This proof can be in the form of an account statement or authorization of payment by credit card.
- The price of the stay will be mentioned in the Quote in writing and will be, unless specifically mentioned by SAT, denominated in Euros. It includes the accommodation and activities mentioned in the Estimate. It includes the Value Added Tax.
- The services included during the stay are specified in the Quote.
- The Quote does not include the following elements: travel insurance, cancellation insurance, repatriation assistance, obtaining a visa, vaccines and other administrative and health formalities and in general all services not specifically included in the Quote.
- In the event of non-payment or late payment of the deposit by the Customer, the Reservation will be automatically canceled and SAT will no longer have any obligation towards the Customer.
- It is up to the Customer with a disability / inability to notify SAT upon registration of any particular need arising therefrom. Appropriate action is taken whenever possible. Full and total management of the handicap / incapacity is the sole responsibility of the Customer. Unless otherwise specified by SAT, the services and accommodation provided are not suitable for people with reduced mobility.
- The Customer is liable for any additional costs generated by the communication of incorrect or incomplete personal information during registration.
4. RULES
- Any additional order must be paid in full before departure;
- No travel service will be provided before receipt of final payment.
5. CANCELLATIONS AND REFUNDS
- In the event of total or partial cancellation of the trip by the Customer
- the reimbursement of the sums paid will be made, depending on the date of cancellation compared to the date of the start of the trip
- The deposit and the administrative costs will remain due by the Customer in all circumstances;
- For cancellations occurring:
- between 75 and 60 days before departure: 50% of the amount of the trip
- less than 60 days before departure, 100% of the amount of the trip will be due by the Customer.
- Any cancellation request must be made in writing, either by registered letter to the company's head office, or by email with acknowledgment of receipt and confirmation of receipt by SAT. Cancellation requests will only be considered effective from the date of receipt of the letter / email.
- SAT is not responsible for the losses suffered by the Customers in the event of modification of the schedules or of delays of the means of transport because of the carrier. The times of all flights, the types of aircraft, and the itinerary are provided for information only.
6. MODIFICATION OF THE TRIP
- It may happen that SAT is required, for reasons beyond its control (civil and religious holidays, strikes, demonstrations, climatic events, etc.), to change even after the start of the trip or stay, the hotels and the designated activities. in the Quote. In this case, SAT will do its utmost to offer the Customer services at least equivalent to those initially planned. Likewise, the direction of the circuits could be modified but all the visits and stages will be respected as far as possible.
- In the event of modification of the Quote following the factors mentioned in the previous paragraph, the Customer will be liable for any price increase. This increase will be payable on request by SAT.
7. INSURANCE, CLAIMS AND LIABILITY
- No repatriation insurance or assistance is included in the travel packages.
- The Customer is advised to take out optional insurance covering in particular assistance / repatriation, the consequences of cancellation. In the event of cancellation of the trip or stay by the Customer, the insurance premium is not refundable.
- In any case, SAT can not be held responsible because of circumstances relating to force majeure, due to third parties unrelated to the provision of the services provided for in the contract or for poor performance of the contract attributable to the Customer. SAT can never be held liable for: indirect damage. SAT cannot be held responsible for the performance of services purchased on site by the Customer and not provided for in the description, nor for pre-routing or post-routing taken at the initiative of the Customer. SAT generally advises to allow a minimum connection time of three hours and recommends to its Customers who have to carry out a pre or post routing, to reserve modifiable, even refundable tickets, in order to avoid the possible risk of their loss. financial.
- SAT cannot be held responsible for changes in schedules or routes, or for a change of airport caused by circumstances beyond its control. Under such conditions, any delay incurred may not result in any compensation payable by SAT.
- It is strongly recommended not to bring valuables (jewelry ...) but only necessary and appropriate effects for the purpose and specific condition of the trip. SAT is not responsible for thefts committed in hotels. Customers are recommended to leave valuables, identity papers and transport tickets in the hotel safe. The Customer is responsible for the forgetting or the loss of objects intervened in particular during transport or transfers.
- Internal Complaints handling procedures:
The traveler is required to communicate to SAT any observations or complaints to be made on the progress of their trip. He must do so within 7 calendar days by any means allowing acknowledgment of receipt to SAT.
The study of these complaints will relate only to the contractual elements of the reservation.
Any complaint transmitted by travellers will be brought to the attention of the General Manager of SAT. An analysis of this complaint will be made internally and with SAT Partners and a response to this complaint will be returned to the Client within 10 working days.
Any dispute will be settled amicably.
In case of complete disagreement, SAT being a company under South African law, it is the Courts in South Africa which will be judged competent as well as the South African CPA (Consumer Protection Act) called POPIA.
8. ADMINISTRATIVE AND SANITARY FORMALITIES
- It is up to the Customer to ensure that he is in order (and that the persons appearing on his file are also in order) with the police, customs and health formalities, which have been indicated to him for the realisation of the trip.
- It is up to the Client to take all the necessary vaccines recommended by his doctor for the trip to Africa.
- In any case, SAT cannot bear the additional costs resulting from the impossibility in which the Customer would find himself to present the required documents to the competent authorities.
9. TRAVELLER SAFETY
The Customer is fully aware of the risks associated with local conditions (possible poor condition of roads and means of communication, distance from medical centers, political or health situation), and takes part in the trip with full knowledge of the causes.
10. DELAY AND DEFAULT OF PAYMENT BY THE CUSTOMER
Any late payment by the Client will give rise to late payment penalties equal to the interest rate applied by Standard Bank of South Africa Limited, plus 3%.
Any late payment will be considered as a cancellation.
The Client will bear the legal costs incurred by SAT following any breach on its part.
11. APPLICABLE LAW
These General Conditions of Sale as well as the relations between SAT and Customers are explicitly governed by South African law and courts.
12. TRAVEL UNDER COVID-19
Health and other dangers
You agree that it is your personal decision to travel, and you do so with full knowledge of current travel recommendations and travel restrictions regarding COVID-19 risks. We do not assume any responsibility and will not be responsible for any unsafe conditions or health risks, including any pandemics or other illnesses. For information on such dangers, we recommend that you visit the Foreign Affairs website.
Rules for travel suppliers and governments
We have no responsibility for any COVID-19 related requirements that travel suppliers and governments may impose from time to time, such as affidavits of health, pre-departure or arrival medical examinations, or quarantines. For the latest government COVID-19 travel regulations, we recommend that you visit the Foreign Affairs website at www.diplomatie.gouv.fr
For the latest travel supplier requirements, see the supplier's home page.
13. CANCELLATION RELATED TO COVID-19
In the event of a positive customer test before departure
It is mandatory for the customer to provide South African Travellers with proof of positive Covid-19 test. This test must be performed by a licensed physician and must bear the name and signature of the practitioner who performed the test.
More than 60 days before arrival (therefore before payment of the balance), South African Travellers proposes a postponement of the trip to a later date.
Within 30 days of arrival, cancellation fees apply. The customer must then turn to his insurance for the possible reimbursement of all or part of these costs.
In the event of a positive customer test on site
Depending on the policy chosen by the customer with his travel insurance, various costs may be covered: medical, hospitalisations, extension of stay, repatriation ... We invite you to check with your insurance before taking out a policy. South African Travellers cannot be held responsible in the event that it is impossible to leave the country following a positive COVID-19 test, which implies that all costs that could be related such as possible quarantine, medical costs and hospital costs cannot be claimed from him.
If the borders of the country of destination are closed before departure
South African Travellers undertakes to delay the payment of the balance as much as possible if the health situation in the country of destination appears sensitive as the client's arrival approaches. If the country closes, South African Travellers offers to postpone the trip to a later date.
In the event that the borders of the country of destination are closed once there
Between the announcement of the border closure and the day of early departure, South African Travellers will take the necessary steps to allow the client to reach the airport. Regarding air repatriation, each airline has its own conditions, we invite you to check with them before booking your tickets. Please note that customers who have made the decision to travel in the sanitary conditions that we know, can not hold South African Travellers responsible and can not in any case claim the costs related to a possible blockage in the country.
Insurance
By agreeing to travel with South African Travellers we ask you to take out repatriation assistance insurance. We also recommend cancellation insurance. South African law now requires that this travel insurance must also cover any costs related to Covid-19 in the event of testing, medical costs and hospitalisation.
Please note that unless you purchase a cancellation policy for whatever reason, most policies have a specific clause stating that they do not cover epidemics and pandemics, especially when warnings of trip are in place.
14. RELEASE
You hereby expressly assume all the risks and dangers covered in the above paragraphs, and you expressly agree to release and discharge South African Travellers from all liability related to COVID-19.