The following are the standard trading conditions used by Turners Destination Management Company which is herein referred to as “the COMPANY”.
- All business undertaken including advice, information or services booked or provided, whether gratuitously or not by the COMPANY shall be subject to the conditions set out hereinafter. Each condition shall be deemed to be incorporated in and to be a condition of any agreement between the COMPANY and its Customer.
- No agent or employee of the COMPANY has the authority to alter or to vary these conditions either by an oral or written undertaking, nor shall any act or omission of the COMPANY be construed as a variation or waiver of these conditions.
- Every Customer engaging the COMPANY to transact business shall be deemed to do so in relation to all the terms of the transaction including these conditions not only on his/her own behalf, but also as an agent and on behalf of any person who actually uses the service transacted through the COMPANY by the Customer.
4.1 Every customer engaging the COMPANY shall be deemed to have warranted that he has the authority to engage the COMPANY to transact a particular service on behalf of the persons referred to in 4 above.
4.2 Notwithstanding the fact that an employee of the customer has incurred any charges in the course and scope of his employment or service to the customer, and the customer is thus liable for such charges, the employee shall remain personally liable for such charges until payment has been received in full.
- The COMPANY represents the hotels, airlines and other organisations named herein (“The Suppliers”) only in its capacity as agents for the Suppliers and accordingly on receipt by the COMPANY of any completed transaction form as contained in the brochure, brochure supplement or the website, the COMPANY shall transmit any such transactions to the suppliers concerned and endeavor 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 utilising the services, the customer becomes contractually bound to the suppliers thereof. In addition, the customer is therefore deemed to have agreed that neither the COMPANY nor any holding, parent, subsidiary, affiliated or associated Company or representative shall be liable for any death, loss, injury or damage to the customer or his belongings whatsoever and howsoever arising, and the customer indemnifies the COMPANY accordingly.
- It shall not be obligatory upon the COMPANY to effect insurance either for any person or any of his personal effects or goods except upon detailed instructions given in writing by the customer and, all insurance effected by the COMPANY pursuant to such instructions, will be subject to such exceptions and conditions as may be imposed by the insurance company or the underwriters taking the risk and the COMPANY shall not be obliged to obtain separate cover for any risks so excluded. The COMPANY shall not be under any obligation to effect 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, the customer shall have recourse against the insurers only, and the COMPANY 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 the COMPANY or paid to the COMPANY by the Customer.
- It is strongly advised that the customer take adequate insurance cover in the event of cancellation due to illness, accident or injury. Personal accident, medical assistance, personal liability and loss of baggage are also recommended. The COMPANY will not be responsible if the customer fails to take adequate insurance cover. Please note that the aforementioned cover is merely a suggestion and not an exhaustive list. Accordingly, the COMPANY strongly suggests that the customer discusses his insurance requirements with the COMPANY.
- The responsibility for the provision of current and valid passports, permits, visas, vaccination and inoculation certificates and the like, where required, is that of the Customer alone. The COMPANY shall not be responsible for any consequences of any nature arising from the customer failing to ensure that he has complied with all such requirements.The customer must ensure that his passport is valid for international travel, that it has sufficient blank pages and that it will be valid until at least six months AFTER his travel to/from South Africa.
- Health certificates are required to travel to certain countries. Customers are required to ascertain health requirements for the countries that they will enter. Please check the requirements with your general practitioner before travelling, as these requirements can change at short notice.
- Documents (Ticket vouchers, itineraries, etc.) are only prepared on receipt of FULL and FINAL PAYMENT and where required upon proof of currency declaration.
- In the event of the customer cancelling his reservations, the COMPANY shall have the right either to claim a total amount of any deposit paid by the customer and /or to claim any damages suffered by the COMPANY. The COMPANY reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to the customer without any further obligation on the part of the COMPANY, and the customer will have no claim against the COMPANY.The maximum cancellation fees which may be imposed are as follows: Cancellations received in writing within 8 weeks prior to departure – 10% of the tour price, within 6 – 8 weeks prior to departure – 30% of the tour price, within 4 – 6 weeks prior to departure – 50% of the tour price, and less than 4 weeks prior to departure – 100% of the tour price.
- Notwithstanding the above the COMPANY shall not, in any circumstances, be liable for any damages arising from loss of market, or attributable to any delay in transit, or failure to carry out the instructions given to it or any other consequential loss, howsoever caused. The provisions in this clause 12 shall be construed as relating to any type of special damages.
- A minimum late booking fee may be charged in respect of bookings received within 30 days prior to the service provision date. This charge is levied to cover related communication expenses. An amendment fee may be levied for any changes to the confirmed services.
- In the event that any hotel is unable to provide the accommodation confirmed to the Customer, the policy is always to offer the Customer an alternative hotel of similar OR higher classification whenever possible in the same area.
- Under normal conditions no refunds will be made on any part of the package provided and not used. Nevertheless, no claims or refunds will be considered unless submitted in writing and received by the COMPANY (and tour operator where applicable) within 30 days of termination of the tour. In order to facilitate the investigation of claims, it is advisable to bring the matter to the attention of the tour operator before departing from the place where the incident, giving rise to the claim, occurred. Communication expenses involved in resolving such a claim will be for the COMPANY’S account.
- In the event of there being an unscheduled extension to the travel arrangements caused by flight delays, weather conditions, strikes or any other cause beyond the control of the COMPANY, it is understood that expenses relating to these unscheduled extensions will be for the Customer’s account.
- A deposit may be required to secure a booking. The COMPANY reserves the right to cancel any reservation if the deposit is not received by the specified time. The balance of payment is due on or before the specified date. If the final payment is not received timeously, travel documents can be delayed and may necessitate the use of a courier service, which will be for the Customer’s account.
- The contract is based on fares, hotel prices, land costs and all other costs prevailing on the date of confirmation of the services. In the event of there being any increases in any of the aforegoing costs before the scheduled departure date, such variation shall be for the Customer’s account and be added to the contract price and shall be payable by the Customer on request, as shall any increase to the contract price arising from fluctuations in rates of exchange between the date of reservation and the scheduled departure date.
- While every effort is made to keep to all published itineraries, the COMPANY reserves the right to make changes for the Customer’s convenience and to provide alternative services or products of equal standard and value. In some cases, conditions such as the weather may necessitate an alteration to the tour itinerary and this does not constitute any reason for a refund.
- These conditions and all agreements made by the COMPANY with its Customers shall be governed and construed according to the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the court of the Republic of South Africa. It is mutually agreed between the Customer and the COMPANY that any action arising out of this agreement may be instituted in any Magistrates Court having jurisdiction, even though the cause of action may exceed the jurisdiction of the court. The Customer chooses domicilium citandi executandi for all purposes under this agreement in respect of the giving of any notice, the serving of any court process or other documents or communication, the payment of any sum and for any other purpose arising out of this agreement at the physical address specified on the official transaction form.
- The COMPANY is entitled to the benefits of any discounts obtained and to retain and be paid all brokerage, commissions, allowances and other remuneration of whatsoever nature and kind, and shall not be obliged to disclose or account to its customers or principals for any such remuneration received by it.
- The COMPANY shall be under no liability whatsoever whether on grounds of breach of contract or negligence, in respect of any type of loss or damage however arising, whether in respect of or in connection with any goods or any instructions, business, advice, information or services or otherwise, unless it is proved that the loss or damage was caused by the gross negligence of the COMPANY.
- No act, omission, course of dealing, forbearance, delay or indulgence by the COMPANY in enforcing any of these conditions or any of its rights in terms thereof, or any granting of time by the COMPANY, shall prejudice or affect the rights and remedies of the COMPANY under these conditions and no such matter shall be treated as any evidence of the waiver of the COMPANY’S rights hereunder, nor shall any waiver of a breach by a Customer of any one or more of these conditions operate as a waiver of any subsequent breech thereof. The COMPANY shall at all times and without notice be entitled to insist on any strict application of these conditions and on their strict enforcement on its Customers.
- It is the responsibility of the customer to confirm or reconfirm all flights within 72 hours prior to departure.