DEFUSION MEDIA T/A S A SPORT TRAVEL TERMS & CONDITIONS
Terms and Conditions
1. Interpretations, in these standard terms and conditions of contract:
2. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
3. 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;
4. “Defusion” means Defusion Media (Proprietary) Limited, registered in South Africa under registration number 2009/004801/07 trading as SA Sport Travel;
5. “the client” means the person / s named on the reservation form (whether it be a provisional or confirmed reservation form ) and who contracts with Defusion Media (Proprietary) Limited trading as SA Sport Travel on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to Defusion for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
6. “services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client. Such services include, but shall not be limited to the procurement by Defusion acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of 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 a foregoing.
2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
2.1. All and any business or contracts undertaken or advice, information or services rendered by Defusion, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
3. DEFUSION ACTING AS AGENT ONLY
3.1. In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Defusion acts as agent only for and on behalf of the client in procuring the services. As such, Defusion shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Defusion shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
3.2. Accordingly Defusion Media T/a SA Sport Travel acts herein as an agent for our respective business partners and therefore any agreement resulting from the acceptance of an order is deemed to be an agreement between the relevant business partner and yourself.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
4.1 All quotations given by Defusion in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Defusion, shall be in the currency of South African Rand. Such quotations shall be inclusive of South African value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Defusion reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and transportation and other third party suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of Defusion for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on Defusion and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to Defusion shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Defusion by way of cash, direct transfer, forex transfer or by credit card. The client shall provide Defusion forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
4.4 All payments due by a client to Defusion shall be made no later than 3 working days after confirmation of a booking by a client.
4.5 Although Defusion strives to ensure that all rates displayed on sites are correct and accurate, Defusion reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Defusion, on demand.
5. BOOKING PROCEDURE
5.1. Once Defusion Media T/a SA Sport Travel have confirmed to you that your required dates are available, you will be required to lay down a non-refundable deposit of 30% of the total of the tour cost, per person, via bank transfer, within 7 days in order to confirm the reservation. Failure to pay this 30% deposit within 7 days from confirmation of the available dates of your tour will result in your reservation automatically being cancelled. It is the clients responsibility to inform and instruct their banking institution that the net invoice amount must equal the funds clearing into the Defusion Media T/a SA Sport Travel bank account and that all the bank charges are for the clients bank account.
5.2. The balance of your payment must be made 8 weeks (60 days) prior to the date of your tour departure. Failure to comply with the deposit and balance payment requirements may result in an automatic cancellation of your reservation.
5.3. Bookings made within 8 weeks (60 days) prior to your departure are subject to full payment of the entire tour amount at the time of confirming the reservation.
5.4. Payment can be made by bank transfer and we accept US Dollars ($), Euro, UK Pounds (£), South African Rands (ZAR).
5.5. Proof of bank transfer payment must be e-mailed to the Defusion Media T/a SA Sport Travel sales team as soon as the transfer is complete, in order for us to confirm your booking.
5.6. It is strongly advised that you take out travel insurance to cover the possibility of cancellation. Most of the properties we use insist that guests have travel insurance.
6. CANCELLATIONS AND REFUNDS
6.1. Having regard for the provisions of the South African Consumer Protection Act 2008 (Act No.68 of 2008) Our cancellation and refund policy is:
• Cancellation of a confirmed tour will result in the following cancellation charges, payable by you:
• Cancellation prior to 8 weeks of travel: Your full 30% deposit is forfeited.
• A cancellation 8-4 weeks prior to your departure: 50% of the total cost is forfeited.
• A cancellation less than 4 weeks prior to departure: 100% of the tour cost is forfeited
• Cancellations will not be accepted in respect of seats and/or admission at any sport or events fixture once booked and paid for since any substitute consumer would have been a fresh sale and that SA Sport would have lost out on the profits from one transaction.
6.2. Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:
6.3. No refunds will be made for any portions of the tour unused due to a cancellation or change made by participants themselves whilst on the tour. The following deductions and administrative charges:
6.4. Refunds to credit cards: the relevant cancellation fee, less a 6 percent credit card surcharge and an administrative charge.
6.5. Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Defusion’s bankers, less an administrative charge.
6.6. Forex transfers: the relevant cancellation fee, less actual bank charges debited by Defusion’s bankers, less an administrative charge
6.7. Cash payments: the relevant administration charges, less actual bank charges debited by Defusion’s bankers, less an administrative charge.
7.1. All tours organised by Defusion Media T/a SA Sport Travel involve local incoming ground handlers and they reserve the right to change and readjust the tour schedule, transportation, hotel accommodation and services indicated in the package in the event of unforeseen circumstances.
7.2. Lodges, hotels and third party operators used by Defusion Media T/a SA Sport Travel may require that you sign an indemnity form before going on any form of excursion.
7.3. Tour itineraries and prices are subject to change without prior notice to you, although Defusion Media T/a SA Sport Travel will do everything in their power to prevent such changes, or to give you ample prior notice in the event of said changes.
7.4. We reserve the right to adjust the tour prices at any time due to factors such as fluctuating exchange rates or increases in the costs of any portions of your tour.
7.5. Defusion Media T/a SA Sport Travel will do everything in their power to absorb any increases in airport taxes, fuel surcharges or other related airline charge increases yet we do reserve the right to add these as a supplement to the stated tour price.
7.6. South African countries often impose increases in VISA fees, VAT tax or service charges without any given notice. We cannot be held responsible for sudden and unforeseen increases in government imposed fees or taxes and you will be required to pay these directly should these costs arise.
7.7. International travellers should note that Defusion Media T/a SA Sport Travel is a South African based tour operator. Any regional African scheduled airline tickets that are included in our tours are issued directly by the particular airline concerned, and Defusion Media T/a SA Sport Travel act only as ticket providers. Defusion Media T/a SA Sport Travel does not include or organise any international flight tickets from or to overseas destinations.
7.8. Defusion Media T/a SA Sport Travel acts in the capacity of a tour operator only for clients in making all their tour arrangements. All coupons, receipts and tickets issued by Defusion Media T/a SA Sport Travel are subject to the terms and conditions stipulated and laid down by the suppliers.
7.9. Defusion Media T/a SA Sport Travel shall be exempt from any liability for loss, damage to property, accidents, delays, irregularities or other occurrences beyond its control.
7.10. Should there be any change in the arrival and/or departure time and the entry and/or exit transportation used by the tour, Defusion Media T/a SA Sport Travel shall not be held responsible for the loss caused thereof.
8. MEDICAL INSURANCE
8.1. All of our clients are advised to take out comprehensive medical insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment. We strongly recommend that you purchase medical insurance prior to commencing your trip. Please feel free to request details on medical insurance from your travel consultant at Defusion Media T/a SA Sport Travel.
9. FLIGHTS AND PAYMENT
9.1. Please note that in the event of flights being booked and secured by Defusion Media T/a SA Sport Travel on behalf of the client, payment is required by bank transfer. In addition to this, when booking flights with Defusion Media T/a SA Sport Travel, we require a copy of all the passengers passports. Airlines require the full names of passengers as printed on the passports and they will not accept changes once tickets are issued. This is a security procedure that ensures there are no discrepancies. Defusion Media T/a SA Sport Travel accepts no responsibility for incorrect passport numbers or incorrect spelling of full names. Please ensure and double check that you provide accurate information to your consultant at Defusion Media T/a SA Sport Travel.
9.2. Air transportation will be economy class unless otherwise stated. The airfare and airport tax, which are quoted, are current and are subject to change without prior warning should the airline impose an increase in rates for any reason. Should the fare quoted not be available at the time of booking the next applicable fare will be booked and amended costs advised accordingly. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Any increase in air fares shall be payable on demand by Defusion by the client,
9.3. Defusion cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment in routing or itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Defusion on demand.
9.4. Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Defusion cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
10. Passports and Children
10.1. Please be aware that anyone travelling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left and a right hand page). Passengers travelling to Southern Africa with passports which do not comply with these basic requirements will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa. In addition, a parent travelling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be officially certified by the police
10.2. The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants and travelling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveller’s cheques where applicable.
10.3. Defusion does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, Defusion shall not be liable for any costs of whatsoever nature occasioned thereby.
11.1. Defusion Media T/a SA Sport Travel shall treat all personal information you give to us as strictly confidential and no personal information will be made available to third parties, unless obliged to do so by law or legal processes.
11.2. When you forward personal information including your name, e-mail address and mailing address to us, Defusion Media T/a SA Sport Travel will never make this information available to third parties neither will we ever sell it to third parties for any reasons whatsoever.
12. DISCLAIMER OF LIABILITY
12.1. Defusion shall not be liable to the client for any claim of whatsoever:- nature in connection with the provision of the services ( whether in contract or delict ) and whether for damages for personal injury or to property , howsoever arising, including, but without limiting the generality of the aforesaid:-
12.1.1. any negligent act or omission or statement by Defusion, its servants or agents; any grossly negligent act or omission or statement by Defusion, its servants or agents;
22.214.171.124. such claim arises from the wilful misconduct of Defusion, its servants or agents;
126.96.36.199. Defusion receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Defusion.
12.2. Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Defusion shall under no circumstances whatever, be liable for any indirect or consequential loss /losses, howsoever caused or suffered by the client.
13. CONSENT TO RISKS ASSUMED
13.1. The Client consents to the risks inherent in travel and warrants that he is aware of such risks and undertakes the tours, attendances at sport and events fixtures and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk.
14. DEFAULT BY CLIENT AND RECOVERY OF ATTORNEY AND OWN CLIENT COSTS
14.1. Overdue amounts due by the client to Defusion shall bear interest at the prime rate of interest charged from time to time by Standard Bank of South Africa Limited to its first class corporate clients, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings.
14.2. A certificate by any duly authorized employee of Defusion or by any of its members shall be prima facie proof as to the outstanding amount due and payable by the client to it in terms hereof. Such certificate may be used by Defusion for the purposes of provisional sentence or summary judgment in any legal proceedings.
I14.3. In the event of Defusion incurring any legal costs pursuant to any breach by the client of any of its obligations, the client shall be liable for and pay Defusion’s costs thereby incurred, on the scale as between attorney and own client.
15. PHOTOGRAPHIC MATERIAL
15.1. Defusion shall be entitled to take photographs, films and videos (including in electronic format) of the client during his excursions, as well as at any time during the client’s tour for the duration of the services provided in terms hereof. Defusion, at its sole discretion, may use such photographic, film and video material so taken, for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.
16. APPLICABLE LAW
16.1. These standard terms and conditions and all agreements entered into between Defusion and the client pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement / s where entered into.
17.1. Subject to the provisions of clause 17.3 below, any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Cape of Good Hope Provincial Division of the High Court of South Africa, which shall have exclusive jurisdiction to hear and determine such legal proceedings.
17.2. To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 17.1 above.
17.3. Notwithstanding the provisions of clause 17.1 above, Defusion shall have the discretion to institute legal proceedings against a client in any Magistrate’s Court having jurisdiction in terms of Act no. 32 of 1944, as amended, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said Court.
18. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
18.1. No variation or alteration of these standard terms and conditions of contract shall be binding on Defusion unless embodied in a written document signed by a member of Defusion. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
19.1. It is a specific term that no extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppel (a bar or impediment) against Defusion in respect of its rights herein, nor shall it operate so as to preclude Defusion thereafter from exercising its rights strictly in accordance with these standard terms and conditions.