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STANDARD TERMS AND
CONDITIONS OF CONTRACT
Sure African Imprint Travel Pty Ltd
STANDARD CONDITIONS OF BUSINESS
Preamble
- African Imprint Travel Ltd, Registration Number 99/55310/23 ("African Imprint Travel")
carries on business under the regulations of the Association of South African Travel
Agents ("ASATA") and provides clients (YOU/YOUR) with travel and/or other services
on behalf of principals and/or other agents engaged in, or associated with the Travel
Industry, including inter alia, airlines, tour operators, hotels, shipping companies,
car hire and other providers of air, land, sea or any other travel arrangements,
products or services. African Imprint Travel will provide, on request, the identity,
terms and conditions of all our principals and other parties for whom we act directly
as agent relevant to the service being provided for YOUR booking.
Liability
- African Imprint Travel represent airlines, tour operators, service suppliers and
other travel organizations as agents only, and accordingly on receipt by African
Imprint Travel of any bookings in a brochure or tailored quote. African Imprint
Travel shall transmit any such booking to the supplier concerned and endeavour to
secure timeously all reservations and arrangements.
- All vouchers, receipts and
tickets are issued subject to the terms and conditions specified by the suppliers
and, by accepting the vouchers and tickets and/or utilising the services any person
participating in any of African Imprint Travel' tours or packages become contractually
bound to the supplier thereof.
- Neither African Imprint Travel nor any holding,
parent, subsidiary, affiliated or associated company or representative shall be
liable for any loss, injury of, or damage to your person and/or belongings whatsoever
and you indemnify African Imprint Travel accordingly. African Imprint Travel furthermore
do not accept liability for any actions, errors or omissions on the part of any
principal or third party and/or their agents, which may be prejudicial to you or
result in loss in any way or form whatsoever. 4.. Those parties for whom African
Imprint Travel act as agents may be acquitted from responsibility in that they act
as agent themselves or have contracted out of liability, as may the ultimate principals
such as hotels, car hire and coach operators, and it is therefore recommended that
appropriate insurance be taken out for all travellers.
Bookings, Change of Arrangements, Routes and Prices
- "The booking" or "the reservation" refer to part, or all of the travel arrangements
for transportation, accommodation, sightseeing and other linked travel services
made on behalf of a client with principals and parties for whom African Imprint
Travel acts as agent, and excludes services of a peripheral nature as described
or similar to those described in Clause 6.
- Any booking made by African Imprint
Travel constitutes a form of contract between you and the parties referred to in
the above clause and is consequently subject to the terms and of African Imprint
Travel and such other parties conditions of agreement of business.
- Wherever
possible, African Imprint Travel will endeavour to confirm the status of any booking
in writing, but we may not always be able to do so. In such cases, failure to provide
written confirmation shall not be considered to negate the validity and conditions
of the booking or to constitute an act of negligence on behalf of African Imprint
Travel.
- In the event of there being an unscheduled extension to the booking
caused by flight delay, bad weather, strike or any other cause that is beyond the
control of African Imprint Travel, it is understood that expenses relating to these
unscheduled extensions (hotel accommodation, etc) will be for your account.
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In the event that any service provider/principal is unable to provide the service
confirmed to you, African Imprint Travel policy is always to offer you alternative
arrangements of similar classification, wherever possible in the same area.
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Whilst every effort is made to keep to published itineraries, African Imprint Travel
reserve the right to make changes as are deemed necessary. In some cases, conditions
such as the weather may necessitate an alteration to the tour itinerary and this
does not constitute any ground for a refund.
- Unless full payment is due at the
time of making the booking, all bookings must be accompanied by the requested deposit
or guarantee of a deposit to African Imprint Travel-part or all hereof may be non-refundable.
The deposit constitutes part of the booking conditions and African Imprint Travel
reserve the right to cancel any booking without prejudice, in the event of a deposit
or part thereof not being received. 8.. The booking price quoted to you is based
on fares, hotel prices, land costs and other relevant costs ruling at the date of
African Imprint Travel' proposal. In the event of there being any increase in any
of the foregoing costs prior to the start date of any booking, such variation shall
be for your account on request by African Imprint Travel, as shall any increase
in the booking price arising from the fluctuation in rates of exchange between the
date on which the booking was quoted and the start date of any booking.
Payment and additional charges
- Final payment for any booking must be made at least six weeks prior to departure,
unless specific arrangements have been made with African Imprint Travel and such
arrangement confirmed in writing by African Imprint Travel.
- Final payment is
based upon on the quoted and confirmed price, less any deposit paid, plus any additional
charges that may have been incurred.
- Aside from passport, visa and other peripheral
service fees (additional fees), African Imprint Travel reserve the right to claim
the late booking charges, communications, consultation, administration and amendment
fees where applicable.
- Interest at 2% above the current prime bank overdraft
rate will automatically be applied to all overdue amounts.
- For the business
traveller who has a corporate account with African Imprint Travel, the terms of
credit are strictly payable on presentation of statement dealing with such account.
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Any invoice and/or statement received by you shall be payable in full and no deduction
or alteration may be made by you should all or any part of the services booked by
African Imprint Travel be unused for any reason.
Insurance
- Assistance to obtain travel insurance in terms of Section 22 of the Tourism Act,
1993, is available on request.
- It shall not be obligatory upon African Imprint
Travel to effect insurance for you except upon detailed instructions given in writing
by you and all insurance affected by African Imprint Travel 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 African Imprint Travel shall not
be obliged to obtain separate cover for any risks so excluded. African Imprint Travel
shall not be under any obligation to affect a separate insurance for each customer,
but may declare it on any open or general policy. Should the insurers dispute their
liability for any reason, you will have recourse against the insurers only and African
Imprint Travel will not be under any responsibility or liability whatsoever in relation
thereto, notwithstanding that the premium of the policy may not be at the same rate
as that charged by African Imprint Travel or paid to African Imprint Travel by you.
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African Imprint Travel will not be responsible if you fail to take adequate insurance
cover.
- Queries must be addressed to the principal insurer, as African Imprint Travel shall
not in any way be held responsible for any and/or all information advanced by its
staff in this regard.
Peripheral Requirements
- African Imprint Travel will endeavour to assist you in obtaining or meeting the
requirements for passports, visas, health documents, insurance, foreign exchange,
Reserve and other bank approvals, use of credit cards, customs and immigration regulations
as well as other peripheral requirements or services falling outside the actual
travel arrangements made with principals and other parties for whom African Imprint
Travel act as agents and referred to as "the booking" or "the reservation", but
due to the constant changing nature of such peripheral requirements and services,
African Imprint Travel cannot be held liable for ensuring that these requirements
and services are provided correctly or timeously or at all, nor the accuracy of
any information or any lack of information relating to such requirements and/or
services.
Cancellation
- African Imprint Travel will undertake to endeavour to provide the services required
by the customer, but in the event of cancellation of the booking for any reason
whatsoever, partially or in full, by or on behalf of you, African Imprint Travel
reserve the right to claim the services, administration, communication and cancellation
charges which will inter alia depend on the debits African Imprint Travel receive
from its suppliers.
- Failure to cancel will result in the total booking cost
being payable.
- African Imprint Travel reserve the right to discontinue and summarily
cancel any agreement in respect of which payment have fallen in arrears, and in
the event of this right being exercised, the fully balance still owing shall immediately
become due and payable on demand.
Interpretation, Law Applicable and Jurisdiction
- Words implying the singular, shall include the plural and vice versa, words importing
one gender shall include any other and reference to natural persons shall include
legal entities and vice versa.
- This agreement is governed by South African Law.
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The Parties hereby consent to the jurisdiction of the appropriate Magistrate's Court
in regard to any action and/or proceedings based on/or arising from these Standard
Conditions of Business.
- This document reflects the only and full agreement between
you and African Imprint Travel and any variation and/or extension thereof shall
not be valid unless agreed to both by the Parties in writing.
- In the event of
a clash and/or uncertainty in meaning and/or interpretation between this and any
other document issued by African Imprint Travel, this document will always have
preference. African Imprint Travel act as an agent only and are not liable for any
loss, damage, accident, delay or inconvenience caused by the principal.
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