ZILE TOURS TERMS AND CONDITIONS
COVID 19
You agree that it is your personal decision to travel and that you are doing so with full knowledge of current travel recommendations and travel restrictions with regard to the risk of COVID-19, with you having taken full personal responsibility to inform yourself in relation thereto. The Agency does not assume any responsibility for and shall not be liab
le for any unsafe conditions or health hazards, including pandemics or other illnesses to which you may be exposed. The Agency will, however, use its reasonable endeavours to provide you with the latest travel information available to the Agency in respect of the regulations, conditions and supplier terms applicable in relation to COVID-19, as at the time of your booking. This information is obtained from third party sources and is subject to change at any time without notice. The Agency, its employees and agents, shall, accordingly, not be liable for any loss (financial or otherwise), damage, illness, harm, trauma, death, delay, denial of onward travel or costs (including but not limited to quarantine costs), which you may incur or suffer, whether during or post travel, arising directly or indirectly out of the risks and/or dangers associated with traveling during the COVID-19 pandemic, whether or not you had been informed by the Agency of such risks and/or dangers at the time of booking. The Agency is not responsible for the acts or omissions of travel suppliers, including the failure by the travel suppliers to adhere to their own schedules, provide services or refunds or their failure to honour any future trip credit. Please note that most insurance policies have a specific clause stating that they do not cover epidemics and pandemics, especially when travel warnings are in place. It would be advisable for you to take advice from an insurance broker should you have any queries regarding the appropriateness of a travel insurance policy. The Agency shall not be liable for your election not to purchase insurance nor shall the Agency be liable to you for any denial of any claim by a travel insurer as it relates to COVID-19 or any other claim under the relevant policy.
“You are aware of the risks and dangers associated with travel during the Covid-19 pandemic and you expressly assume all of the risks and dangers in relation thereto; and hereby forever release, discharge and hold the agency, it’s employees, officers, directors, associated, affiliated companies and sub-contractors harmless against an and all liability, actions, causes of action, suits, damages, claims and demands of whatsoever nature which you may now have or which may hereafter arise out of or in connection with such risks and dangers”. Consumer Protection Act (‘CPA’) Notice
Please read the following carefully & proceed accordingly:
IF YOURS IS ONLY AN ENQUIRY AND NOT A BOOKING:
1. Please (1) SKIP the next two ‘bullets’ (2), peruse our website at your leisure & submit your enquiry to us by completing the template ‘Enquiry Form’ & submit.
2. However, if in the process of perusing our website or any of the hyperlinked websites and you come across anything that is not clear, please go to our ‘FAQ’ link as it may clarify what you are not sure about.
3. If you are still in a quandary, then please go to our ‘CONTACT US’ link & submit your question to us. IF YOURS IS A BOOKING:
• The CPA in section 49 requires us to bring your attention to certain aspects – we’ve done that by underlining certain clauses.
• The CPA in section 49 also requires us to ‘Spell out’ risk(s) of certain aspects & activities – these clauses have a ‘[..]’ next to them & requires you to tick same as read, explained, understood & accepted - if any of these are still not clear or if you need any further explanation, DO NOT accept the T&C & go to ‘ONLY AN ENQUIRY’ above & follow those steps.
• The CPA in section 41 also requires us to clarify any ‘apparent misapprehension’ you may have – if you have such a ‘misapprehension’ DO NOT accept the T&C & go back to ‘ONLY AN ENQUIRY’ above & follow those steps.
• If anything is STILL not clear or you STILL have a ’misapprehension’ or FAQ has not answered your question(s), email, phone or visit us AGAIN BEFORE completing any ‘tick box’.
• If you are finally satisfied that all your queries have been addressed to your satisfaction, then (1) Read the T&C, (2) Tick those with a […], (3) complete all such tick boxes including acceptance of T&C & (4) proceed. Application
All enquiries, advice, quotations or estimates made or provided by or bookings made with and/or all services rendered by or on behalf of Zile Tours (Pty) Ltd (‘the Travel Agent’) are subject to these terms and conditions (‘the Conditions’). The Client and Authority
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understood and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’). Third Party Service Providers
The Travel Agent provides Clients with travel and/or other services either acting as itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (‘collectively referred to as ‘the Principal’). The Travel Agent represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Travel Agent will provide the identity and terms and conditions (or access thereto) of all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise themselves with such terms and conditions (‘the Principal’s Conditions’). Booking, Deposit and Reservation
Once the Client has filled in the travel enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) the Travel Agent will prepare and provide the Client with an estimate (by hand, telefax or e-mail) (‘the Estimate’). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of these Conditions by the Client requesting a quote, the Travel Agent will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’). A non-refundable deposit of 16% (‘the Deposit’) of the total estimated value of the Proposed Travel Arrangements (‘the Price’) as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking’), subject to payment of the balance of the Price in due course as specified herein*. In the case of group tours, a minimum of 10 clients is required for the tour to take place. In the event that there are less than the required number of clients, the booked clients will be required to reschedule and select a date from available dates. Should clients wish to cancel instead, cancellation policy will apply. The balance must be paid 30 days before travel. Pick up spots are either in JHB, Pretoria or Witbank. Pick up spots depend on the package. Please check pickup spots before paying deposit
* In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations. All bookings are only valid for the year of the booking and cannot be carried over to the following year. Responsibility, Limitation of Liability and Indemnity
The Proposed Travel Arrangements are made on the express condition that The Travel Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), to or of their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Travel Agent whatsoever, unless, in the case of injury or death, it is due to the negligent act or omission of the Travel Agent. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Travel Agent, its employees and agents accordingly. The Travel Agent, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever and howsoever arising, unless section 61 of the CPA applies. Prices
Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as VAT). However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Travel Agent (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey). Should the Client be a group booking and the group number deviate from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such a surcharge, it may result in the Principal cancelling the Booking and retain any payment made (The Travel Agent will be entitled to retain any service fees charged). Please note that in some cases Principals may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been effected. NOTE: Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted. Cancellation
In the event of the Client cancelling the Booking, the Travel Agent shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Travel Agent. The Principals may reserve the right to cancel any tour before departure, should the tour not have the minimum required number of people, which is 10 people. Bookings cannot be transferred to other personnel or exchanged in the event that the client cannot attend the tour. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Principal’s Conditions or Facebook. Principals may charge cancellation fees over and above those stated below):
Deposit of 16% non-refundable
- If cancelling 14 days before departure, forfeit 100% of the booking total
- If cancelling 20 days before departure, forfeit 50% of the booking total
- If cancelling 30 days before departure, forfeit 25% of the booking total
Itinerary Variations and Transfers
While every effort is made to keep to the final itinerary, Principals and/or the Travel Agent reserve the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one. Special Requests
Clients who have special requests must specify such requests to the Travel Agent in the Enquiry or in response to the Estimate. Whilst the Travel Agent will use its best endeavours to accommodate such requests, it does not guarantee that it will. Amendments
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Travel Agent. Refunds
No refunds will be considered in any circumstances whatsoever by the Travel Agent. Refunds by the Principals will be subject to their terms and conditions. The Travel Agent is entitled to charge an administration fee for the handling of refunds.
