AZUL COASTAL TOURS AND TRANSFERS, REGISTRATION NUMBER 2016/072683/07
1.1 The booking of a Tour through the Company signifies your acceptance of the Terms and Conditions.
1.2 The terms and conditions contained in this document shall apply to the tour booking concluded between the Company and the client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
1.2 All references in these terms and conditions to “client” shall include references to an agent of the client, with such changes as the context may require.
2. APPLICABLE LAW AND JURISDICTION
2.1 These terms and conditions shall be deemed to have been concluded in Langebaan, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
2.2 The client consents to the jurisdiction of the Magistrates Court of Hopefield in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that the Company at its instance will have the discretion to sue in the High Court if it deems it is appropriate.
2.3 Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
3.1 The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
3.2 Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
4. TOUR PRICE AND PAYMENT
4.1 While the Company has utilized its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond the Company’s reasonable control, in which event the Company shall utilize its best efforts to notify clients of such change as soon as possible.
4.2 The tour price and Activity Package includes only those services/items that are included as per the tour itinerary, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.
4.3 The Company records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. The Company accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increases and/or fluctuations.
4.4 The tour price must be paid by not later than 30 days prior to the departure date for the tour, failing which the Company reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.
4.5 In the event that the client makes a booking within 30 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full tour price upfront.
5. DEPOSIT AND PAYMENTS
5.1 A booking is considered confirmed when the Company sends written confirmation to the client confirming the booking. Invoices are issued on booking confirmation, 50% payment is required to confirm your booking. Full payment is due 30 days prior to the departure date.
5.2 If a booking is made within 60 days of the tour departure date, 50% payment is required on booking. If the booking is made within 30 days of the tour departure date, 100% payment is required on booking. Non-payment of stipulated percentage at time of confirmation, within 60 days of tour departure date, will result in the cancellation policy being applied.
5.3 Payment on monthly statement can be arranged for larger Tour Operating Agents. This indulgence may not be considered credit (payment in full must be made by the client to the agency before the guests depart on tour as the agency will be liable for the booking and payment thereof) and may be revoked at the discretion of the Company with immediate effect.
5.4 The following are accepted payment methods:
5.4.1 Credit card (Visa, American Express, Discover, MasterCard)
If you opt to pay by credit card, we charge a non-refundable surcharge of 4% based on the total tour cost. The charge on your credit card will read “Azul Coastal Tours and Transfers.” You recognize that “Azul Coastal Tours and Transfers” will appear on your credit card statement and will not dispute the fee.
You accept that disputing the charge for any reason will result in a R500.00 correcting fee.
5.4.2 Electronic Funds Transfer
Our Bank Account details will be provided upon request and reflects on our Invoice.
6. CHANGES TO THE BOOKING
6.1 Changes made by the Company: Reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by the Company, in its’ sole discretion. If the Company makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, the Company will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:
6.1.1 accept the Material Change and proceed with the amended Tour;
6.1.2 book another Tour of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
6.1.3 book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
6.1.4 cancel and receive a full refund of all monies paid. This shall not extend to additional Products booked by the same Client which are not subject to any Material Change.
The affected Client must notify the Company of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Tour itinerary.
6.2 Once a Tour has departed, changes to such Tour’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Tour operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the Company. The Company will make suitable alternative arrangements for the continuation of the tour and will, where appropriate, compensate the Client for the difference between the services to be supplied under the contract and those supplied. If the Company is unable to make arrangements as described above for reasons other than the refusal of the Client to accept such arrangements, the Company will, where appropriate, provide the Client with equivalent transport back to the Client’s place of departure or to another place to which the Client and the Company have mutually agreed. The Company will not be liable for any indirect and or consequential losses associated with any changes to a Tour’s itinerary.
6.3 In the event of a drastic change of weather conditions or road works making the venue inaccessible or cause a delay in travel time, the itinerary may be subject to change
6.4 Changes made by the Client: Client is responsible for ensuring that information provided to the Company in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Tours. Any changes to the travelling Client’s name on any Tour booking are subject to the Company’ approval. Any changes to a file will depend on availability and will be on a request basis and subject to The Company’ approval. Any extra costs incurred for making the change will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 10 days of departure of the first Tour to depart under the applicable booking.
6.5 Where the Client is prevented through reasons completely beyond such Client’s control from proceeding with a tour as booked the Client may, if possible, transfer his/her Product booking to a person who satisfies all the conditions applicable to the Product tour, provided that the Client gives notice to The Company of Client’s intention to transfer no less than 14 days before the date when departure is due to take place. Where such a transfer is made, the transferring Client and the transferee Client shall be jointly and severally liable to The Company for payment of the price of the Product (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer.
6.6 Changing the date of a tour, within 60 days of departure, is subject to a fee of 15% of the tour price or R ___________, whichever is the higher of the two.
6.7 In the event that the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not be entitled to any refunds or debates whatsoever from the Company.
7. CANCELLATION CONDITIONS
7.1 Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by the Company.
7.2 No cancellation fee is applicable to tours cancelled more than 60 Days before Date of Departure.
7.3 Should a Client cancel a booking 60 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalisation), the client shall be liable to pay a cancellation penalty. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure:
7.3.1 More than 60 Days: No fee applies
7.3.2 30 – 60 Days: 50% of the tour price is held as cancellation
7.3.3 10 – 29 Days: 75% of the tour price is held as cancellation
7.3.4 0 – 9 Days: 90% of the tour price is held as cancellation
7.4 All cancellations need to be made in writing and confirmed by the Reservations Team by email.
7.5 The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price to the client. It is recorded that refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.
7.6 The client acknowledges that the tour is subject to a minimum booking of 4 passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.
8. SPECIAL REQUIREMENTS
8.1 The Company will endeavour to accommodate the special requests of clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and the Company is not liable for any failure to accommodate or fulfil such requests.
8.2 All Minor Client bookings are subject to review and approval by the Company. If the consent of a parent or any other person is required by applicable law, judgment, or decree for any minor to travel, the accompanying adult client is responsible for securing all such proper consent and ensuring that they and the minor meet all legal requirements to travel on the applicable Family Trip. The Company will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals.
8.3 Each Adult on a booking with any minor is jointly and severally responsible for the behaviour and wellbeing of all minor client(s) on such booking, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any minor assumes all responsibility for supervising and monitoring such minor(s). The Company does not provide care services for minor(s) and its representatives expressly disclaim any responsibility for chaperoning or controlling any minor(s).
8.4 No children under 8 years of age may travel on the Company’s scheduled tours OR for children under 3 years – a car seat is mandatory. Please indicate whether such a need exist prior to the booking. An additional charge will apply.
8.5 Any traveller between the ages of 8 – 16 must be accompanied by a parent, unless specific authorization had been obtained from the Company.
8.6 17 – 18 Years: Guests of this age may travel with us with a letter of permission from their guardian; they do not require a parent to travel with them.
9. PASSPORTS, VISAS AND OTHER TRAVEL PAPERS
9.1 It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
9.2 The Company shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.
10.1 Comprehensive travel and cancellation insurance is mandatory on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
10.2 Should the client be unable to present proof of such insurance to the Company (on request therefore by the Company), the Company may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
10.3 The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
11.1 The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
11.2 The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require a larger baggage allowance, this may be arranged with the Company against payment of a fee that the Company may levy in its sole discretion. Notwithstanding the a foregoing, the Company reserves the right to refuse excess baggage.
12.1 The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
12.2 Passengers over the age of 60 take responsibility that they are fit enough to travel and may be asked to leave the tour if they are hindering the progress of the tour.
12.3 Clients are responsible for assessing their own suitability and capability to participate in the tour. All Clients should consult their physician regarding their fitness for travel. The Company encourages all clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the client’s travel with the Company.
13. AUTHORITY ON TOUR
13.1 The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
13.2 In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the tour shall not be tolerated and that the Company, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
13.3 The Company shall not be liable for any costs and/or expenses for the client resulting from exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
14.1 The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use. The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.
15. FORCE MAJEURE
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
16. TRAVEL DOCUMENTS
On booking, the client shall be issued with our tour dossier and pre-departure information documents. It is the responsibility of the client to read and understand these documents before travelling.
17. INDEMNIFICATION AND EXCLUSION OF LIABILITY
17.1 The client accepts that the tour involves an element of personal risk.
17.2 The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising ( including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, any places visited and the client irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.
17.3 The client furthermore indemnifies and holds the Company and its respective directors, offices, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.
17.4 The Company facilitates the visitation of tourist attractions and other third party suppliers and as such assumes no liability for injury, damage, loss, accident, delay or irregularity which may be occasioned by through acts or defaults of any company engaged in carrying out the arrangements of the tour. The Company is not responsible for the wilful or negligent acts and/or omissions of these suppliers or their employees, agents, servants or representatives including, without limitation, their failure to deliver or their partial or inadequate delivery of services. To the fullest extent permissible by law, the Company is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Company and its employees.
17.5 By submitting a booking request, you agree, warrant and covenant as follows: In consideration of the acceptance of this booking request, you hereby, for yourself, your heirs, executors, administrators and assigns, and anyone entitled to act on your behalf, release and discharge the Company, its representatives, agents and employees, from any and all claims of injury or damages suffered by you as a result of your participation in or travelling with the Company. You should not travel unless you are medically able and fit. You assume all risks associated with travelling, including but not limited to, falls, the effect of the weather, traffic, and conditions of the road, all such risks being known and appreciated by you. You hereby certify that you are in such physical condition and good health.
17.6 Every participant who is not a member of the same family must submit a separate booking form, or send an email to us stating that they have read and agreed to these terms and conditions. You signify that all individuals listed on your booking form are members of your family and have read and agreed to these terms and conditions. You assume all liability for individuals included on the booking form who are not members of your family.
18.1 The Company has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. The Supplier will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
18.2 The purposes for which the Company will use your personal information are as follows: to transact with you via the website or email regarding reservations, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
18.3 The Company shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on the Company; (b) to protect and defend the rights or property of the Company, and (c) for the purposes of distributing same to various employees and/or third parties who assist the Company in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
18.4 Whilst the Company is of intent to take reasonable measures to keep personal information about you confidential, it shall however not be liable for any loss or damage, suffered as a result of the disclosure of such information beyond the reasonable control of the supplier.
18.5 The Company will:
18.5.1 Treat your personal information as strictly confidential;
18.5.2 Take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
18.5.3 Promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
18.5.4 Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
18.5.5 Upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
20. RIGHT TO REFUSAL
20.1 The Company reserves the right to refuse to carry any persons or objects that the driver deems to be likely to cause him or his vehicle harm or damage in whatsoever form. The judgment of the driver will be final.
20.2 The Company may charge for any costs involved.