STANDARD TRADING CONDITIONS

Transcription

1 STANDARD TRADING CONDITIONS 1. All business undertaken, including any advice, information or service provided or booked, whether gratuitously or not, by HRG Rennies Travel (Namibia) (Pty) Ltd ( the Company ) shall be subject to these trading conditions. No amendment or alteration of these conditions shall be binding on the Company unless in writing and signed by a director of the Company. No act or omission of the Company shall be construed as a variation or a waiver of any of these conditions. 2. The Customer must ensure that all employees or representatives instructing the Company on behalf of the Customer are duly authorised. The Customer hereby acknowledges that it will be bound by the actions of its employees and or representatives when such persons act with the Company on behalf of the Customer. 3. The Company represents hotels, airlines, car rental companies and related travel organizations ( the Suppliers ) as agent for the Suppliers. On receipt of any completed order form, which may be granted orally, from a Customer for goods to be supplied or services to be rendered by Suppliers, the Company shall transmit such order to the Supplier concerned and endeavor to secure timeously all reservations and arrangements. All coupons, tickets and receipts are issued subject to the terms and conditions specified by the Suppliers and, by accepting the coupons and tickets and/or utilizing the services, the Customer becomes contractually bound to the Suppliers thereof in the terms thereof. Under no circumstances shall the Customer have any claim against the Company for any goods supplied or services rendered by the Suppliers to the Customer, it being an express term hereof that the Customer shall be bound directly to the Suppliers in accordance with their terms and conditions. 4. It is the responsibility of the Customer and Traveler: 4.1 To arrange adequate insurance against cancellation, delay, injury, medical expenses, personal liability and loss of baggage. The Company shall only effect insurance on the Customer s behalf on receipt of detailed written instructions and on prior payment of the premium therefore. Should the insurer dispute its liability for any reason, the Customer shall have recourse against the insurer only, and under no circumstances shall the Customer have any claim against the Company. 4.2 To obtain valid passports, visas, vaccinations and inoculation certificates and to ensure that such documents remain valid for such period as is required by Consular and other lawful authorities. 4.3 To comply with all exchange control regulations as may apply. 5. The Company reserves the right to cancel any reservation before departure in which event any amount paid by the Customer will be refunded without any further obligation or liability on the part of the Company, which is hereby indemnified by the Customer who agrees to hold the Company harmless. The Customer will have no claim against the Company by reason of any cancellation by the Company. 6. Should the Customer cancel any reservation the Customer will be liable for cancellation fees in terms of the Companies cancellation policy. The Customer will be further be liable for payment of all cancellation fees or penalties levied by any Supplier.

2 7. Any claim for a refund in respect of services which were not used by a Customer must be submitted to the Company in writing within 30 days of the incident giving rise to the claim. No claims will be entertained after the expiry of the 30 day period. Should the Customer fail to submit its claim to the Company within the said 30 day period, then the Customer will be deemed to have waived such claim. The refund will further only be made subject to the following conditions: 7.1 A refund, will only be made by the Company to the Customer once the Company has received payment of the refunded amount from its Suppliers; 7.2 A refund will be made after all applicable communication fees, cancellation fees and administration costs have been deducted. 7.3 The provisions of this clause 7 may not be interpreted as to create any liability against the Company towards the Customer for any refunds for which the amount to be refunded has not actually been received from relevant Supplier by the Company. 8. Where the Customer makes any booking through the Company, where the Company is, despite the cancelation by the Customer, liable for payment to any Supplier then: 8.1 The Customer will remain liable to effect full payment to the Company; and 8.2 The Customer will, subject to clause 7, only be entitled to a refund of the amount paid in terms of clause 8.1 once the Company has received a refund from the relevant Supplier. 9. The Company shall not be liable whether for breach of contract or negligence for any type of loss, damage, accident or injury however arising unless the loss, damage, accident or injury despite such loss, damage, accident or injury being caused by the gross negligence of the Company. Should, despite the aforesaid provisions of this clause 9, the Company be held to be liable for any loss, damage, accident or injury and in such event, the Company s liability shall be limited to the fee earned by the Company from the Customer for the specific instruction. 10. The Company shall not in any circumstances be liable for any consequential or indirect loss however caused or arising. 11. Any unscheduled extension to travel arrangements or expenses incurred caused by flight delays, bad weather, strikes or any other cause beyond the control of the Company shall be for the Customer s account. 12. Any increase in fares, hotel prices, land costs and other costs between the date of making the reservation and the scheduled departure date shall be for the Customer s account and shall be payable on request. Any currency fluctuations shall similarly be for the Customer s account. Should the Customer fail to effect payment of any additional amounts due arising from increases or currency fluctuations, the Company shall not be obliged to effect payment to the Suppliers concerned, and any resultant loss is for the account of the Customer. 13. The Company shall be entitled to make changes to published itineraries for any reason, including conditions such as adverse weather, and such changes shall not constitute grounds for cancellation or a refund.

3 14. The relationship between the Company and the Customer shall be governed according to the laws of the Republic of Namibia and shall be subject to the exclusive jurisdiction of the courts of the Republic of Namibia. Any action arising out of any agreement between the Customer and the Company may, at the election of the Company, be instituted in any Magistrates Court otherwise having jurisdiction, even though the cause of action or amount in dispute may exceed the jurisdiction of the court and for this purpose the Customer duly consents to such jurisdiction by his acceptance of these terms and conditions. 15. If the Company instructs attorneys to collect any amount from the Customer that is owing to the Company, the Customer shall pay all costs associated with such action (irrespective thereof if action is instituted) on an attorney and own client scale, including collection charges. 16. The Company shall be entitled to retain and be paid all brokerage, commissions, fees, allowances and other remuneration of whatsoever nature by the Suppliers, and shall not be obliged to disclose this or account to the Customer therefore. 17. No act, omission, delay or indulgence by the Company in enforcing any of these terms and conditions or any of its rights in terms hereof or any granting of time for the performance by the Customer of his obligations hereunder by the Company shall prejudice or affect the Company s rights nor shall it operate as waiver of any subsequent breach by the Customer. 18. The Company shall at all times and without notice be entitled to insist on the strict enforcement of these terms and conditions. 19. Quotations shall be subject to withdrawal or revision by the Company and are subject to immediate acceptance by the Customer. The Company reserves the right to adjust prices that prevailed at time of booking a reservation in accordance with increases in air fares, hotel rates and currency fluctuations after the quotation date. All information contained in the quotation of the Company is to the best of the Company's knowledge and belief true and correct, but the Company accepts no liability for any errors or inaccuracies contained therein. 20. Payment terms for Account Holders: 20.1 Payments by Account Holders are due 30 (thirty) days from date of statement. The Customer shall be deemed to have received any statement on date of delivery thereof, either by electronic mail, post, hand delivery or via facsimile Interest on any overdue amounts (amounts that are overdue for more than 61 (sixty one) days after the amount became due and payable) will be charged and payable at 20% per annum, calculated and capitalised daily, from the due date until the date of final payment. Payments received shall first be applied in respect of interest then in respect of capital amounts due. 21. All Customers who are not Account Holders which whom specific credit terms have been agreed shall be deemed to be cash Customers and payment to the Company is required prior to any service being rendered by the Company to such Customer. 22. The Documents or other items including cash, cheques, bank drafts or other remittances sent to the Company through the post shall be deemed not to have been received by the Company unless and until they have been delivered to the Company

4 by the postal authorities, and received by the Company. All items that are sent to the Company by means of postal services, must be sent by prepaid registered mail. 23. The Company reserves the right to cancel any agreement in respect of which payments have fallen in arrears and, in the event of this right being exercised; the full balance outstanding shall become due and payable immediately. 24. The Customer agrees that the Company shall be entitled, but not obliged, to institute action in any Magistrate s Court notwithstanding that the amount in dispute exceeds such Court s jurisdiction and this Agreement shall constitute the necessary consent as required by section 45 of the Magistrate Court Act 32 of If the Customer is serviced by an Independent Travel Consultant, the Company accepts no liability in respect of any claim the Customer may have resulting from services rendered by an Independent Travel Consultant or from any representation made by any Independent Travel Consultant. 26. Insurance 26.1 The Company strongly recommends that travel insurance be purchased for the duration of the Customer s and/or Traveler s journey. Insurance can only be purchased prior to departure. The Company urges the Customer to take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. The Customer must check the specific details of the complimentary cover with his/her respective credit card company directly The Company is under no obligation to affect any insurance on behalf of the Customer or Traveler. The Company shall not be obliged to obtain separate cover for any risks so excluded, nor shall the Company be under any obligation to affect a separate insurance for each Traveler, but may declare it on any open or general policy The risk of a failure to obtain adequate insurance cover shall be solely on the Customer/Traveler and the Company shall not be liable for any loss, harm, damage, and costs of whatsoever nature and howsoever incurred in connection with the Customer/Traveler s travel arrangements. Accordingly all queries must be addressed to the Customer and/or the Traveler s principal insurer, as the Company shall in no way be held responsible for any and/or all information advanced by any of its staff or representatives in this regard Should the insurers dispute their liability for any reason, the Customer will have recourse against the insurers only and the Company will not be under any responsibility or liability whatsoever in relation thereto. 27. Travellers Details and Documents 27.1 It is important that the Customer provide the Company with the Traveller s full names as per the passenger/s travel passport. Failure to do so could result in the Traveller being denied boarding or face deportation due to name mismatch information. The Customer must confirm that all the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s is submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by the Customer 27.2 Other documents that may be required for the Customer s journey are the Customer s passport, an international driver's license, inoculation

5 certificates and hotel, car and tour vouchers. The Customer is to ensure that he/she checks all of these documents at the time of issue where applicable, prior to the Customer s departure Passports, visas & health: The Customer is responsible for obtaining any necessary visas and travel permits for all countries that the Customer/Traveller will be travelling to or transiting through, and for informing him/herself as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on the Customer's nationality, the length of stay, and the purpose of the visit, among other factors. Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved. It is required that the Customer establish what the required criteria is for the obtaining of a visa, and ensures that the Customer adheres to the requirements set out by the Embassies, Consulates or their representatives It is entirely the Customer s duty to ensure that all passports and visas are current, valid, obtained on time and that the Customer s passport will be valid for 6 (six) months to 1 (one) year after the Customer s return to his/her home country and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria or yellow fever) and the like, where required, have been obtained The Customer is to check the requirements with the Company before travelling. The Customer acknowledges that any advice given by a Travel Consultant should not be interpreted as legal advice concerning visas, entry requirements, immigration, or residency The Company will endeavour to assist the Customer but such assistance will be at the Company's discretion and the Customer acknowledges that in doing so, the Company is not assuming any obligation or liability and the Customer indemnifies the Company against any consequences of non-compliance It is specifically noted that the Company cannot be held responsible for: denial of the Customer s visa application for any reason; delay of issuance of the Customer s visa by the relevant Consulate or High Commission; loss of the Customer s passport(s) by the consular offices and/or courier; change in visa costs and requirements; financial losses incurred as a result of a visa application being denied; passport application delays; and/or incorrect issuance of passport or visa. 28. Baggage 28.1 The Customer/Traveller is required to check the Suppliers baggage conditions in order to ascertain their free baggage allowance and excess baggage costs. The Customer/Traveller must note that the requirements for different Suppliers may not be similar. The Company cannot be held liable for the failure of any Customer/Traveller to comply with the baggage requirements as set by any Supplier The Company is further unable to guarantee that Suppliers will deliver any baggage to the correct location or at all. All risk associated with any lost or misplaced baggage vests with the Customer/Traveller. The Customer/ Traveller bears all risk associated with the failure by any Supplier to deliver any item of baggage to the correct location or at the correct time In addition to the afore going, the Customer/Traveller is required to familiarise themselves with unacceptable baggage items in terms of the International Civil Aviation Organisation (ACAO) technical instructions as well as the International

6 Air Transport Association (IATA) Dangerous Goods Regulations refer to for information and links. For safety reasons dangerous articles must not be packed in checked or cabin baggage. Restricted articles include but are not limited to, compressed gasses, corrosives, explosives, flammable liquids, oxidising materials, poisons, and infectious substances Generally speaking air travel passengers are allowed 1 piece of hand luggage with specified weight and size requirements. These requirements are indicated on ticket confirmations and on the airline website. Additional weight and size may require the passenger to check such baggage in as checked baggage which may incur additional charges. 29. The Customer acknowledges that where a Traveler is in possession of a separate ticket, the delivering carrier and the outgoing carrier is not responsible for the connection in flights. The Customer acknowledges that it will beat all risk relating to the issue of separate tickets. 30. Unless otherwise specifically agreed to by the Company in writing all payments made by the client to the Company must be made into the following bank accounts: Bank: Standard Bank Namibia Account Name: Rennies Travel Namibia (Pty) Ltd Account Number: Branch Code: Branch Name: Gustav Voigts Centre or Bank: Nedbank Namibia Account Name: Rennies Travel Namibia (Pty) Ltd Account Number: Branch Code: Branch Name: Business banking All bank charges relating to any deposit will be for the Customer s account and shall be paid in addition to the amount due to the Company. 31. Payment (or partial payment) to the Company by the Client will be deemed to constitute acceptance of these standard trading conditions.