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The following are the terms and conditions of 24-8 Cybertravel CC,
hereinafter referred to as 24-8 Cybertravel/us/our/we. Once 24-8
Cybertravel accepts the booking by confirmation thereof, a contract then
exists between 24-8 Cybertravel and you, the client (the person signing
the booking form as well as all other persons included in the booking),
upon the terms and conditions set out below.
THE CONTRACT
When booking travel arrangements our contract with you begins when 24-8
Cybertravel issues an invoice indicating the amount due and/or owing by
you. Once the contract is made 24-8 Cybertravel is responsible for
providing the travel arrangements you have booked and it is your
responsibility to pay us for them. In parties of two or more people, the
person signing the booking form accepts responsibility for making payments
to us for all members of the party.
Signing the booking form warrants that you have the authority to make the
booking on behalf of all other persons included in the bookings, so as to
make such other persons jointly and severally responsible and binding them
to these terms and conditions.
Signing the booking form warrants that you are over 21 (twenty one) years
of age.
BOOKING RESERVATION
Email or fax us your travel enquiry. A quotation will be emailed or faxed to you within 48 hours of
receiving the enquiry (weekends excluded). If you do not receive your
quotation, please contact us. Please note, no bookings have been made and the price is subject to
change and availability.To book the holiday, please return the booking form.
A reservation will be made and the price confirmed. The deposit is
required within 48 hours of confirming the price to prevent automatic
cancellation of the reservation. Bookings will only be confirmed on
receipt of both the booking form and correct deposit/payment. Once the
booking is made you will receive a detailed itinerary and an invoice.
Should you want to make additional changes to the itinerary, these may
be subject to an alteration fee.
Upon receipt of payment you
will receive a travel information pack that includes your maps, travel vouchers,
information requested and a list of all activities included in your
itinerary with supplier contact details and prices. Payment is required no later than
42 days prior to your arrival in South Africa. If you make a booking
within 42 days of your arrival in South Africa, then full payment is
required upon presentation of the invoice (within 24 hours).
Should any payment not be received timeously, 24-8 Cybertravel
reserves the right to regard the booking and contract as cancelled without
having to notify you. The deposit will be retained.
Any reservation made less than 30 days prior to departure will be subject
to a late reservation fee.
PAYMENTS
Payments can be made by credit card (Visa or MasterCard) or into the bank
account referred to on the booking
form.
PRICE GUARANTEE
24-8 Cybertravel reserves the right to alter prices or to impose a
surcharge to take account of any increase in costs and acceptance of the
booking by us is conditional upon you undertaking to pay us any such
surcharge or price alteration.
Should the price of your itinerary increase by more than 10% you will have
the right to cancel within 7 days of notification without penalty.
Once the itinerary has been paid for in full 24-8 Cybertravel guarantees
that up until 30 days before arrival in South Africa the price of your
itinerary will not be subject to any surcharges excepting for variations
in transportation cost, including the cost of fuel and variations in dues,
taxes or fees chargeable for services imposed by any government or their
agencies.
Within 30 days of your arrival in South Africa we guarantee that the price
of your itinerary will not be subject to any surcharges.
ALTERATIONS BY US OF YOUR TRAVEL ARRANGEMENTS
Whilst 24-8 Cybertravel uses its best endeavours to ensure that all items
documented in your itinerary are available as planned, we use the services
of independent suppliers over whom we have no direct control. If it is the
case that changes need to be made, we reserve the right to do so at any
time. We will inform you or your Travel Agent as soon as possible if there
is time before departure. We reserve the right to alter itineraries after
departure if it is in the clients interests to do so.
24-8 Cybertravel undertakes to make every effort to maintain travel
arrangements, but reserves the right to modify any itinerary in part or in
full without prior notification, as a result of any circumstance/s outside
our control. These circumstances include but are not limited to any acts
of God, war, riot, civil strife, industrial action, terrorist activity,
natural or nuclear disaster, adverse weather conditions or other
conditions amounting to force majeure.
CANCELLATION BY US OF YOUR TRAVEL ARRANGEMENTS
24-8 Cybertravel reserves the right, for any reason, to cancel all travel
arrangements that have been reserved and paid for either in the form of a
deposit or in full, prior to the departure date. In such cases, we shall
refund you in full and you shall have no further claim against us.
24-8 Cybertravel will not be responsible for any compensation to you, if
we are forced to cancel the travel arrangements due to force majeure, in
particular but not limited to war, riot, civil strife, industrial action,
terrorist activity, natural or nuclear disaster and adverse weather
conditions or other external circumstances beyond our control. In these
circumstances we will also not pay any resulting expenses or additional
costs.
Should full payment not be received timorously the travel arrangements and
contract with us will be automatically cancelled, without having to notify
you.
CHANGE BY YOU TO YOUR TRAVEL ARRANGEMENTS
We will endeavour to make any changes you wish to your itinerary. The
change is subject to supplier availability and a cancellation/alteration
charge.
We will charge you an administration fee of R800.00 per booking for flight
inclusive arrangements and R500.00 per booking for ground only
arrangements and you will be liable to pay the hotel, car hire, airline or
other supplier charges resulting from your change.
CANCELLATION BY YOU OF YOUR TRAVEL ARRANGEMENTS
Cancellation will take effect from the time we receive written
confirmation from you or your Travel Agent, in the form of a fax or email.
As this incurs administrative costs we will retain your deposit and
cancellation charges will be levied as follows:
Airline tickets issued, 100% of the costs incurred in issuing the ticket.
| 41-29 days |
30% of the itinerary cost |
(excluding cost of airfares) |
| 28-22 days |
50% of the itinerary cost |
(excluding cost of airfares) |
| 21-15 days |
80% of the itinerary cost |
(excluding cost of airfares) |
| 14-0 days |
100% of the itinerary cost |
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OUR RESPONSIBILITY AND LIABILITY
24-8 Cybertravel is responsible for arranging your vacation, ensuring the
necessary travel arrangements have been made.
These travel arrangements are made with independent suppliers (hotels, car
hire companies, airlines tour operators amongst others) over whom we have
no direct control. All bookings with these suppliers are subject to their
terms and conditions and limitation of liability imposed by them. These
suppliers generally limit or exclude liability in respect of death,
personal injury, delay and loss or damage to baggage.
24-8 Cybertravel accepts no liability for any loss or damages you may
suffer, resulting from any such supplier failing to fulfil its
obligations, whether related to transport, activities, accommodation or
any other.
24-8 Cybertravel will not be responsible or liable for any loss, damage,
injury, sickness, disease, death, delay, expense, inconvenience or loss of
enjoyment resulting directly or indirectly from any act, negligence,
default or omission on the part of 24-8 Cybertravel, any person, company,
firm engaged in providing transport, refreshments, accommodation or other
facilities or services in connection with the itinerary or otherwise in
relation thereto, nor any servant of such company, firm or person.
You acknowledge that there are possible dangers and risks inherent in the
itinerary which you will be undertaking.
You agree to assume all the risks connected with or arising out of all
aspects of the itinerary.
You and your dependants, heirs, executors, administrators or assignees,
hereby indemnify and hold blameless 24-8 Cybertravel, its members,
employees, representatives, organisers, helpers and agents from any claims
of whatsoever nature and for any liability for delay, loss, damage,
injury, illness or death , arising from any cause whatsoever out of events
relating to or occurring during the tour.
Should liability be imposed on 24-8 Cybertravel in terms of South African
law, the extent that liability may devolve upon us shall be limited to the
amount paid for the itinerary by the claimant.
AIRLINE RESPONSIBILITY
The airlines concerned are not to be held responsible for any act,
omission or event during the time the passengers are not aboard their
aircraft. The passenger ticket in use by the airline, when issued, shall
constitute the sole contract between the airline and purchaser of these
tickets and/or passenger.
REFUNDS, DELAYS AND UNUSED SERVICES
24-8 Cybertravel is not responsible for any delays caused by flight
delays, bad weather, strikes or any other reason beyond our control. Any
resulting expenses shall be borne by the client.
Neither airfares nor unused services (accommodation, car hire, tours,
excursions amongst others) shall be refunded under any circumstances
regardless of the reason.
UNREASONABLE BEHAVIOUR
24-8 Cybertravel shall not be responsible for or liable to any client who
commits and illegal or unlawful act in South Africa.
If in the reasonable opinion of a person in authority including a pilot or
captain that you are not fit to travel, he or she may refuse to let you
board the aircraft or train or ship. In this case your contract with us
will end immediately and we will no longer be responsible for you.
If in the reasonable opinion of an hotelier or tour operator, your
behaviour is considered disruptive to others they may terminate your
accommodation or tour. In this instance no refund for lost nights
accommodation or incompletion of a tour will be made and the cost of any
other accommodation or travel expenses will be absolutely your
responsibility. We will also hold members of your party jointly and
individually liable for any damages, together with legal costs incurred in
pursuing the claim. We can’t be held responsible for the behaviour or
actions of other individuals or guests who have no connection with your
holiday arrangements or ourselves.
COMPLAINTS AGAINST US
In the absence of any written grievance, within 28 days after the
conclusion of the travel arrangements in SA, the service provided by 24-8
Cybertravel will be considered satisfactory.
In the absence of any written grievance, within 28 days after the
conclusion of the travel arrangements in SA, the service provided by the
suppliers utilised by 24-8 Cybertravel will be considered satisfactory.
PASSPORTS AND VISAS
Information on compulsory passport and visa and health requirements for
the journey can be obtained from us or through your travel agent. It is
your responsibility to comply with the information provided and you are
responsible for any loss which may arise due to failure to comply.
INSURANCE
Travel insurance should be purchased when final payment is made for travel
arrangements. It should be taken out for the full duration of the tour and
have comprehensive medical and cancellation cover. The insurance should
cover personal injury, medical expenses, repatriation expenses, loss of
luggage and the expense associated with cancellation or curtailment of
your travel arrangements.
If you are injured or become ill, all hospital expenses, doctors’ fees and
repatriation costs are your responsibility and 24-8 Cybertravel will not
be liable for any refund of travel arrangements.
CONTRACT INTEGRITY
The entire contract between 24-8 Cybertravel and the client is contained
in these terms and conditions and the booking form and no representation,
term, warranty or condition expressed or implied shall be deemed to be or
have been made or agreed or imposed by reference to any other writing,
advertisement or conversation. These terms and conditions can only be
varied with the written agreement of 24-8Cybertravel, signed by a member
of
24-8 Cybertravel.
Failure by 24-8 Cybertravel to enforce the terms and conditions during
initial dealings with you does not preclude us from enforcing them later.
We shall at all times and without notice be entitled to insist on strict
application of these conditions and on their strict enforcement on our
clients.
The possible nullity of any of the provisions contained herein shall not
determine the nullity of the remaining part of these terms and conditions.
The provision affected by such nullity shall be replaced by a
corresponding provision to give effect to the same purpose within the
permitted limits of the law.
The various clauses of this document may be read individually or in their
combined form. Irrespective of each individual clause being taken into
consideration in a legal dispute, the remaining clauses shall retain their
entirety and legality.
JURISDICTION
The contract shall be interpreted according to the laws of the Republic of
South Africa.
24-8 Cybertravel shall be entitled at its discretion, to institute
proceedings in the High Court of SA, Cape of Good Hope Provincial
Division.
If you are unsuccessful in any legal action instituted against 24-8
Cybertravel, you agree to pay all our costs, including but not limited to
our attorney costs.
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