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TERMS AND CONDITIONS
MOZAMBIQUE ACCOMMODATION STANDARD TERMS AND CONDITIONS (STC)
Preamble
Silver Peach Marketing (PTY) Ltd, Registration Number
2004/01013109/07 ("AFRICA STAY - Mozambique Accommodation") 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 (collectively
referred to as ‘Third Party Service Providers’). Africa Stay will
provide you on request with the identity, terms and conditions of all
Third Party Service Providers and it is your responsibility to
familiarise yourself with such terms and conditions.
Authority
The person requesting such quotations or estimates or making such
booking or to whom any service is rendered, is deemed to have read
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.
Destination Selection
You acknowledge that you have selected the itinerary and destination(s)
constituting the booking based on information gleaned from brochures
and/or the Internet. You also acknowledge that such brochures and/or the
Internet have been compiled and are managed and up-dated by the
Principal over which the Africa Stay has no control. Accordingly Africa Stay cannot and does not guarantee that the itinerary and/or any
destinations will comply in whole or in part with such brochure and/or
the Internet. Any right of recourse in that regard will be against the
Third Party Service Providers.
Breakaways
While it is possible to break away from the itinerary, it is understood
that such breakaways will be for your account.
Conduct
You agree that you will at all times comply with Africa Stay’s or the
Third Party Service Provider’s requirements in regard to your conduct
and you will not in any way constitute a nuisance or a danger to any
other passenger on the trip.
Special
Requests
If you have special requests you must address such requests to Africa Stay in writing well before the departure date. Whilst Africa Stay will
use its best endeavours to accommodate such requests, it does not
guarantee that it will.
Bookings
with Third Party Service Providers
Africa Stay represent Third Party Service Providers as agents only, and
accordingly on receipt by Africa Stay of any request for a booking(s) in
a brochure or tailored quote, Africa Stay shall transmit any such
booking to the Third Party Service Providers concerned and endeavour to
secure timeously all reservations and arrangements.
All
quotations or estimates provided by or bookings made with and/or all
services rendered or vouchers, receipts or tickets issued by or on
behalf of Africa Stay are subject to these terms and conditions (STC)
and that of any Third Party Service Providers.
Third
Party Service Providers 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 travelers.
Africa Stay furthermore do not accept liability for any actions, errors or
omissions on the Third Party Service Providers and/or their agents,
which may be prejudicial to you or result in loss in any way or form
whatsoever, including injury, illness, harm, trauma, death and/or loss
of or damage to your belongings whatsoever and you indemnify Africa Stay
accordingly. The conditions of the Third Party Service Providers shall
constitute the sole contract between the Third Party Service Providers
and you and any right of recourse you may have, will be solely against
the Third Party Service Providers.
Liability
Neither Africa Stay nor any holding, parent, subsidiary, affiliated or
associated company or representative shall be liable for any injury,
illness, harm, trauma, death and/or loss of or damage to your belongings
whatsoever howsoever caused and you indemnify Africa Stay accordingly.
Africa Stay, its employees and agents shall further more not be liable
for any indirect and/or consequential loss or damages whatsoever even
though this may be as a result of negligence on the part of a Africa Stay employee(s).
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 Third Party
Service Providers, and excludes services of a peripheral nature. Any
booking made by Africa Stay constitutes a form of contract between you
and the Third Party Service Providers and is consequently subject to the
terms and conditions of Africa Stay and such Third Party Service
Providers’ conditions of agreement of business. Wherever possible,
Africa Stay 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 Africa Stay.
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 Africa Stay, it is understood that expenses relating to these
unscheduled extensions (hotel accommodation, etc) will be for your
account. A late booking fee may be charged in respect of bookings
received within 7 (seven) working days prior to the departure date. This
charge is levied to cover communication and other expenses involved. An
amendment fee may be levied for any changes to the confirmed itinerary.
In the
event that any Third Party Service Providers is unable to provide the
service confirmed to you, Africa Stay policy is always to offer you
alternative arrangements of similar classification, wherever possible in
the same area. Whilst every effort is made to keep to published
itineraries, Africa Stay reserves 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. It is your duty to check each
amendment to the itinerary and also to sign the final one.
Unless
full payment is due at the time of making the booking, all bookings must
be accompanied by the requested deposit or guarantee. Africa Stay
reserves the right to cancel any booking without prejudice, in the event
of full payment or a deposit or part thereof not being received. The
price quoted to you is based on fares, hotel prices, land costs and
other relevant costs ruling at the date of Africa Stay's quote. In the
event of there being any increase in any of the aforegoing costs prior
to the issuing of the documents, such variation shall be for your
account and payable on request by Africa Stay, as shall any increase in
the price(s) quoted arising from the fluctuation in rates of exchange.
Documents will not be issued until such time that full payment is
cleared by Africa Stay’s bankers. The onus will be on you to check that
there have been no changes in the price prior to making full and final
payment. However, airfares are subject to the price and conditions
quoted by the airlines and cannot be guaranteed by Africa Stay. Should
yours be a group booking and the group number deviate from the number
required for the booking, the Third Party Service Providers may reserve
the right to re-cost the price and raise a surcharge. Should you or any
party of your group refuse to accept and pay such surcharge, it may
result in the Third Party Service Providers cancelling the booking and
retaining any payment made. Africa Stay will be entitled to retain any
service fees charged.
Payment
and additional charges
Final payment for any booking must be made upon confirmation of the
booking, unless specific arrangements have been made with Africa Stay
and such arrangement confirmed in writing by Africa Stay. 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),
Africa Stay reserves the right to claim the late booking charges,
communications, consultation, administration and amendment fees where
applicable. If the final payment is not received on time, the travel
documents can be delayed and may necessitate the use of a courier
service, which will be for your account or Africa Stay may cancel the
booking. Late payment may also result in cancellation of the reservation
by the Third Party Service Providers. When paying by credit card you
will be required to complete Africa Stay’s credit card authorisation
form and comply with the authorisation criteria as laid down by the
respective Credit Card Companies.
Interest
at 5% above the current prime bank overdraft rate charged by
Africa Stay’s bank will automatically be applied to all overdue amounts.
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 Africa Stay be unused for any reason.
The only
forms of payment accepted by Africa Stay are:
-
All major credit cards, if accompanied by satisfactory
identification and a signed credit card authorisation form.
-
Direct deposit – cash only (deposit slips must be faxed or e-mailed
to Africa Stay)
-
Electronic funds transfer (proof of payment must to be faxed or
e-mailed to Africa Stay)
Documentation will only be issued once all funds have been cleared by
Africa Stay’s bankers.
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 Africa Stay to effect insurance for you except upon detailed
instructions given in writing by you and all insurance affected by
Africa Stay 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 Africa Stay shall not be obliged to
obtain separate cover for any risks so excluded. Africa Stay 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 Africa Stay 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 Africa Stay or paid to Africa Stay by you.
Africa Stay will not be responsible if you fail to take adequate
insurance cover. Queries must be addressed to the principal insurer, as
Africa Stay shall not in any way be held responsible for any and/or all
information advanced by its staff in this regard.
Africa Stay strongly recommends that travel insurance be purchased for the
duration of your journey. Insurance can only be purchased prior to
departure. Insurance options should be discussed with your consultant.
Africa Stay urges you 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. Kindly check with your
respective credit card company directly to obtain specific details of
the complimentary cover.
Peripheral Requirements
Africa Stay 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 Africa Stay 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,
Africa Stay 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
Africa Stay 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, Africa Stay reserve the right to claim the services, administration,
communication and cancellation charges which will inter alia depend on
the debits Africa Stay receive from its suppliers. Failure to cancel
will result in the total booking cost being payable. Africa Stay
reserves the right to discontinue and summarily cancel any agreement in
respect of which payment has fallen in arrears, and in the event of this
right being exercised, the full balance still owing shall immediately
become due and payable on demand. Any bookings cancelled after
confirmation may be subject to a cancellation fee. These vary from Third
Party Service Provider to Third Party Service Provider and should be
verified at the time of booking. Africa Stay will apply for the refund
on your behalf however Africa Stay is not responsible should this
application be denied for any reason.
Verification of Travellers' Names and Travel Details
It is important that you provide Africa Stay with the travellers' names
as per the travellers' passports. Failure to do so could result in
denied boarding or deportation. Please confirm that all of the travel
arrangements, itinerary details and documents are correct. Once
documents have been issued changes could incur financial penalties
imposed by the service provider(s) and these will be payable by you.
Passports, Visas & Health
- It is entirely your duty to ensure that all passports and visas are
current, valid, obtained on time and will be valid for six months to one
year after your return to home country and that any vaccinations,
inoculations, prophylactic (e.g. for malaria) and the like, where
required, have been obtained. Please check the requirements with Africa Stay before travelling. Africa Stay will endeavour to assist you but
such assistance will be at Africa Stay’s discretion and you acknowledge
that in doing so, Africa Stay is not assuming any obligation or
liability and you indemnify Africa Stay against any consequences of
non-compliance. It is your duty to familiarise yourself with the
inherent dangers of and mental and/or physical condition required for
your proposed travel arrangements.
Africa Stay cannot be held responsible for:
Denial of your visa application for any reason;
Delay of issuance of your visa by the consulate;
Loss of your passport(s) by the consulate and/or courier;
Change in visa costs and requirements;
Financial losses incurred as a result of a visa application being
denied;
Please note that a visa does not guarantee entry to any given country
at point of entry.
Malaria
and other Tropical Diseases: WARNING
Certain parts covered by your itinerary may be areas where there is a
high-risk of malaria and other tropical diseases. We strongly recommend
that the necessary precautions be taken in this regard and recommend
that you check with your medical practitioner before departure or a
medical practitioner well versed in tropical diseases immediately upon
your arrival in Africa or any other tropical or sub-tropical
destination. If you have not done so prior to departure, it is
imperative you do so upon your return.
Other
Documents
Other documents that may be required for your journey are your identity
document, an international driver's license, inoculation certificates
and hotel, car and tour vouchers. Please ensure that you check all of
these prior to your departure.
Refunds
Airline tickets presented for refund are subject to delays of
approximately 8 weeks but could take longer. Africa Stay is unable to
refund monies before receipt of funds from the relevant Third Party
Service Providers. All refunds are subject to a 10% administration fee,
which is calculated on the value of the ticket submitted for refund or
the amount of the refund claimed, whichever is the larger amount. This
fee is over and above any cancellation fee which may be charged by the
Third Party Service Provider to whom the refund is submitted.
Refunds by the Third Party Service Provider will be subject to their
terms and conditions.
Foreign Currency
This may be purchased up to 60 days prior to departure. You can place
your foreign exchange order with your Africa Stay consultant. Foreign
exchange regulation compliance is your exclusive duty. This will apply
especially when you instruct Africa Stay to make and pay for travel
arrangements on the Internet.
Confidentiality
Subject
to statutory constraints or compliance with an order of court, Africa Stay undertakes to deal with all your information of a personal nature
on a strictly confidential basis.
Internet
Bookings
If you
request or instruct Africa Stay to do bookings via the Internet, you
irrevocably authorise Africa Stay to do the following on your behalf (1)
make any selections of and for the booking (2) make payments and (3)
accept booking conditions.
Reconfirmation
Please reconfirm all forward and onward travel arrangements (including
domestic connecting flights required upon your return) 72 hours prior to
departure. Failure to do so could result in the cancellation of your
journey.
E-Ticketing
You must
be ready to show your identity document and that of each member of your
party and possibly your credit card at the check-in counter of the
airline concerned.
Important Notes
Airlines reserve the right to withdraw airfares without notice. We
cannot guarantee airfares and airport taxes until paid in full and the
air tickets have been issued. Certain destinations may also require a
departure tax which is payable locally upon departure. These are not
included in the pricing quoted. Prices are subject to change without
notice until payment has been received in full, whether a reservation
has been made or not. By accepting this confirmation and offering
payment therefore it will be deemed that you have read, understood and
accept our terms and conditions.
Bookings
Online
( on the Africa Stay website:
www.mozambiqueaccommodation.co.za)
Intellectual Property
The website
www.mozambiqueaccommodation.co.za
is
owned by Africa Stay and the domain name is registered in the name of
Africa Stay. All intellectual property rights in and to the
aforementioned vests in the owners as indicated. None of the content or
data found on this site may be reproduced, sold, transferred, or
modified without the express written permission of Africa Stay.
Applicable Law
Please
note that the use of the website is subject to the STC and specifically
subject to South African law and the jurisdiction of South African
courts.
Access
and Use
Access to and use of the website is entirely at the user’s risk.
Africa Stay may discontinue or suspend the website at any time without notice,
and it may block, terminate or suspend any user's access at any time for
any reason in its sole discretion, even if access continues to be
allowed to others.
Links to
other websites
There are links on this website which allows a user to visit the sites
of third parties. Neither these sites nor the companies to whom they
belong are controlled by Africa Stay and Africa Stay makes no
representations and gives no warranties concerning the information
provided or made available on such sites nor the quality or
acceptability of the products or services offered by any persons or
entities referenced in any such sites. Africa Stay has not tested and
makes no representations regarding the correctness, performance or
quality of any software found at any such sites. You should research and
assess the risks which may be involved in accessing and using any
software on the Internet before using it. You are deemed to indemnify
Africa Stay against any claims for loss or damage arising from your use
of or of information gained from or from accessing any such linked
sites.
Changes
Africa Stay may make future changes,
deletions or modifications to such terms and conditions, information,
graphics, products, features, functionality, services, and links at any
time without notice and your subsequent viewing or use of this website
will constitute your agreement to the changes, deletions and
modifications.
Methods
of Payment and Payment Terms
See STC.
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. 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 Africa Stay and there exist no other terms,
conditions, warranties, representations, guarantees, promises,
undertaking or inducements of any nature whatsoever (whether verbal,
written or electronic) regulating the relationship and You acknowledge
that you have not relied on any matter or thing stated on behalf of
Africa Stay or otherwise that is not included herein. No variation
and/or extension thereof shall 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 Africa Stay, this document will always have preference. You will be
liable for all legal fees on an attorney and own client scale in the
event that Africa Stay has to engage a lawyer to enforce or defend any
of its rights or otherwise. |
