RAKOMA TRAVEL (PTY) LTD
STANDRAD TERMS AND CONDITIONS OF CONTRACT
1. ACCEPTANCE OF TERMS
1.1. These Terms and Conditions form a legally binding agreement between all parties (“you”, “your” or the “User”) and Rakoma Travel (Pty) (“Rakoma Travel”) Ltd which governs your use of this Website (the “Website”) and our Services.
1.2. By registering as a user of Rakoma Travel, you enter a legally binding agreement with Rakoma Travel on the following terms. You warrant that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions you must not use or access the Website or Services provided.
1.3. Rakoma Travel reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Website.
In these Terms and Conditions, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:
2.1. “Booking/ Reservation” shall mean any part, or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of the Client with the Suppliers, and excludes services of a peripheral nature;
2.2. “Client” shall mean the person who applies (directly or indirectly) to the Company for the Company’s services. The aforesaid will include but is not limited to a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent, or sub-Contractor.
2.3. “the Company” shall mean Rakoma Travel (Pty) Ltd a private company duly incorporated in accordance with the laws of the Republic of South Africa, with registration number 2017/187796/07, and/or anyone acting for or on behalf of the Company,provided such person has been duly authorized and is acting within his or her scope of duty.
2.4. “Conditions” shall mean these terms and conditions and those of the Principal, where applicable;
2.5. “CPA” shall mean the Consumer Protection Act of 2008, as amended from time to time;
2.6. “ECA Act” shall mean the Electronic Communications and Transactions Act of 2005, as amended from time to time;
2.7. “Traveller” shall mean any person (whether or not such person is the Client) who utilizes or obtains any benefit from the Services of the Company. The Traveller shall include a potential Traveller;
2.8. “Travel Agent / Consultant” shall mean any other party who has made or secured any travel bookings or arrangements for the Client, other than the Company;
2.9. “Services” shall mean any travel or other service facility, product or matter incidental thereto of whatsoever nature arranged or to be arranged by the Company (whether directly or indirectly) to or for the “Client or the Traveller”. The aforesaid shall be used interchangeably and shall include inter alia but not be limited to the providing of advice or information, the booking of reservations for accommodation, transport or the like (whether by air, sea, land or otherwise), the application for passports, visas or other travel contracts, the arranging or obtaining of insurance, any other service or facility (even though not specifically requested by the Client or the Traveller) provided by the Company or which the Company in its sole and absolute discretion deems necessary or ancillary to the services of facilities requested, or anything else associated with or related to travel;
2.10. “Peripheral Requirements / Services” shall mean, inter alia, 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 the Company acts as intermediary;
2.11. “Principal/Supplier” shall mean the provider of accommodation, transport, and all other relevant services or products arranged by the Company, or any services ancillary thereto provided by the Principal or any other party.
3.1. RakomaTravel is an intermediary as defined in the CPA and provides clientswithtravel and/or other services on behalf of principals and/or other agents engaged in, or associated with the Travel Industry, including inter alia, air liners, 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 ‘the Suppliers’).Rakoma Travel will provide the Client with the identity as well as terms and conditions of all Suppliers, if such terms and conditions are in the possession of the Rakoma Travel , and it is the Client’s responsibility to familiarise him/herself with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed therein.
3.2. Rakoma Travel may refer to themselves as an “agent” from time- to-time but are not agents for any third party/ies.
4. PRELIMINARY NOTICE IN TERMS OF THE CONSUMER PROTECTION ACT OF 2008
4.1. IN TERMS OF SECTION 22(1) OF THE CPA, THESE TERMS AND CONDITIONS OF CONTRACT HAVE BEEN DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.
4.2. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:
4.2.1. LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF RAKOMA TRAVEL AS THE OWNER OF THIS WEBSITE AND THE SUPPLIER OF THE CONTENT, PRODUCTS, AND SERVICES FOUND ON THIS WEBSITE;
4.2.2. ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;
4.2.3. INDEMNITIES IN FAVOUR OF RAKOMA TRAVEL; OR
4.2.4. AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.
4.3. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS.
5. DISCLOSURES IN TERMS OF THE CPA AND ECT ACT
5.1. Insofar as this Agreement falls within the ambit of the CPA and ECT Act, the following information is made available to you:
5.1.1. All our contact details are as follows:
Physical Address: Ground Floor Building B Monte Circle Business Park
178 Monte Casino Boulevard
Fax Number: __________________________________________
Registration Number: 2017/187796/07
The Client requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted these Terms and 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.
7. RAKOMA TRAVEL AS AN INTERMEDIARY
7.1. The Company only acts as an intermediary between the Client andthe Suppliers, and accordingly on receipt by the Company of anyrequest for a booking(s) in a brochure or tailored quote, the Company shalltransmit any such booking to theSuppliers concerned and endeavour to secure timeously all reservationsand arrangements.
7.2. 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 the Company are subject to these Standard Terms and Conditions as well as those of any Supplier.
7.3. The Suppliers 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 by all Travellers.
7.4. The Company does not accept liability to the Traveller for any actions, errors or omissions of the Suppliers and/or their agents, which may be prejudicial to the Client or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damages of whatsoever nature or kind and the Client indemnifies the Company accordingly.
7.5. Any right of recourse the Client may have, will be solely against the Suppliers.
8. BOOKING ENQUIRES AND RESERVATIONS
8.1. Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, trip, tour, mode of travel, preferred accommodation and/or other service on the Company’s website www.rakomatravel.co.za or mobile site m.rakomatravel.co.za or Mobile Application(together, ‘the Sites’), or (ii) initiated such an enquiry with the Company by any other means of communication including by means of access to the Sites via booking kiosks, if applicable, (collectively referred to as ‘the Enquiry’), the Sites will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’).
8.2. THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Quote telephonically or via email.
8.3. Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). Once the online Booking or Booking affected by the Company has been completed and the Client has authorized the Company to process the payment by submitting the Booking for Reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’).
8.4. IN THE CASE OF AIR TICKETS, FULL PAYMENT FOR THE BOOKING NEEDS TO BE MADE AND REFLECT IN THE BANK ACCOUNT OF THE COMPANY BY MIDNIGHT South African time on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
9. DESTINATION SELECTION
9.1. The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet.It ALSO ACKNOWLEDGES that the internet Booking has been compiled and is managed and updated by the Principal, and that the Company has no control over information compiled by the Principal.
9.2. THE COMPANY CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Principal. Any right of recourse in that regard will be against the Principal.
10. PAYMENT AND PAYMENT TERMS
10.1. The Payment is due immediately by Visa, Master, American Express or Diners Credit Card, Electronic Funds Transfer, Cash Deposit at a bank, or if a Kiosk booking, cash payment to the Kiosk teller, whichever is applicable, and must reflect in the bank account of the Company by midnight South African time on the day that the Booking was made.
10.2. If the Payment is not received as stated above, the Company or Principal involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING, in which event the full Payment (less any cancellation and administration fees) shall be refunded to the Client within 48 hours of the cancellation being processed. In the event that the Payment was made after the aforementioned deadline, and should the Company inform the Client by means of a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the CLIENT WILL BE LIABLE for any difference between the original Quote and such higher price, and the revised Payment must reflect in the bank account of the Company before the deadline stipulated in the revised Quote in order to secure the Booking.
10.3. The Company is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. The Company shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of a Booking. The Company does not offer credit, unless otherwise agreed.
11.1. Quotes are provided at the ruling daily exchange rate. Until the Company has received Payment, we RESERVE THE RIGHT to amend any Quote.
11.2. Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND.Any decrease in the quote prior to the date of Payment will be reflected in the Quote itself.The onus will be on the Client to check that there have been no changes in the Quote prior to making the Payment
11.3. Airfares are subject to the price and conditions quoted by the airlines. However, once Payment has been received, the Quote is guaranteed, provided that the payment was made by midnight on the day that the Booking was made.
11.4. 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 Quote and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal CANCELLING THE BOOKING AND RETAINING any payment made, and the Company will be entitled to retain any service fees charged. The Company accepts no liability for bookings that have been cancelled because no payment has been forthcoming.
12. SERVICE AND AMENDMENT FEES
12.1. Service fees cover the costs incurred by the Company in booking and servicing your travel reservation. We also reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests or changes to your booking.
12.2. An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. The Travel Agent’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.
13. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY RELATED COMPANY OR REPRESENTATIVE SHALL BE LIABLE FOR ANY INJURY, ILLNESS, HARM, TRAUMA, DEATH TO THE CLIENTOR ANY OTHER PASSENGER AND/OR LOSS OF OR DAMAGE HOWSOEVER CAUSED AND THE CLIENTHEREBY INDEMNIFIES THE COMPANY ACCORDINGLY. THE COMPANY, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL FURTHERMORE 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 THE COMPANY’S EMPLOYEE(S). IN THE EVENT OF ANY LIABILITY ATTACHING TO THE COMPANY, LIABILITY SHALL BE LIMITED TO A MAXIMUM OF R10 000.00 (TEN THOUSAND RAND) PER TRAVELLER.
14.1. The Company strongly recommends that travel insurance be purchased for the duration of the Client’sjourney. Insurance can only be purchased prior to departure. The Company urges the Clientto take outadditional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. TheClientmust check the specific details of the complimentary cover with his/her respective credit card company directly.
14.2. It SHALL NOT BE OBLIGATORY UPON THE COMPANY TO EFFECT INSURANCE FOR THE CLIENT. The Company shall not be obliged to obtain separate cover for any risks so excluded. Nor shall the Company be under any obligation to affect a separate insurance for each Client but may declare it on any open or general policy.
14.3. The Company WILL NOT BE RESPONSIBLE if the Clientfails to take adequate insurance cover. Queries must be addressed to the principal insurer, as the Companyshall not in any way be held responsible for any and/or all information advanced by its staff in this regard.
14.4. Should the insurers dispute their liability for any reason, the Client will 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 Client.
15. TRAVELERS DETAILS AND DOCUMENTS
15.1. Verification of Traveller’s Names and Travel Details:
15.1.1. It is important that the Client provide the Company with the travellers’ full names as per the passenger/s travel documents (South African ID or passport). Failure to do so could result in denied boarding ordeportation due to name mismatch information. Please confirm that all the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airliner’s tickets and any change thereto will require that the ticket/s be submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by the Client.
15.1.2. Passports, Visas and Health:
220.127.116.11. The Client is responsible for obtaining any necessary visas and travel permits for all countries that the Client will be travelling to or transiting through, and for informing him/herself as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary dependingon the Client’s nationality, the length of stay, and the purpose of the visit, among other factors. Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved or from a visa service company.
18.104.22.168. It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and that the Client’s passport will be valid for six months to one year after the Client’s return to his/her home country and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
22.214.171.124. The Client is to check the requirements with the Company and/or the Client’s Travel Consultant before travelling. The Client acknowledges that any advice given by a Travel Consultant should not be interpreted as legal advice concerning visas, entry requirements, immigration, or residency.
126.96.36.199. The Company will endeavour to assist the Client but such assistance will be at the Company’s discretion and the Client acknowledges that in doing so, the Company IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES THE COMPANY AGAINST ANY CONSEQUENCES OF NON-COMPLIANCE.
16. WARNING: MALARIA AND OTHER TROPICAL DISEASES
Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. the Company strongly recommends that the necessary precautions be taken in this regard and recommend that the Client check with his/her medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon the Client’s arrival in Africa or any other tropical or sub-tropical destination. If the Client has not done so prior to departure, it is imperative the Client do so upon the Client’s return
In the event of the Client cancelling the Booking, the Company shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by the Company, provided that the Company shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the Booking or reservation due to the death or hospitalisation of the Client. The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment (less the Company’s service fee) will be refunded by the Principal to the Client without any further obligation on the part of the Company. The Company will CHARGE A FEE for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Conditions. Principals may charge cancellation fees over and above the cancellation fees charged by the Company in terms of this Condition.
17.1. In accordance with the provisions of Sections 14 and 17 of the CPA Act, the consumer may cancel any reservation, in the field of tourism and vacations, within 14 days from the date of execution of the transaction, or from the date of receipt of the document containing said details, whichever is later, if the cancellation date of the transaction does not occur within seven days, which are Not Days of Rest, prior to the date on which the service is supposed to be provided.
17.2. The Company 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
17.3. Additionally, the Company shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock- out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Company.
17.4. For the avoidance of doubt, it is hereby clarified, that the provisions of this clause are for the customer’s convenience only, it is emphasised, that the provisions of any of these terms and conditions do not derogate from the provisions of the Act.
18. UNSCHEDULED EXTENTIONS AND ITINEARY VARIATIONS AND EXTENTIONS
18.1. In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Company, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S ACCOUNT.
18.2. While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and the Company shall NOT BE HELD LIABLE for any such variations.
19. REFUND POLICY
19.1. The Company is unable to refund monies before receiptof funds from the relevant Suppliers.
19.2. All refunds are subject to an administration fee payable to the Company, which is calculated on the value of the ticket submitted for refund or the amountof the refund claimed, whichever is the larger amount. This fee is over and aboveany cancellationfee which may be charged by the Suppliers to whom the refund is submitted. Refunds by the Suppliers will be subject to their terms and conditions which the Client is responsible for familiarising him/herself with.
19.3. No refunds will be considered in any circumstances whatsoever by the Company if the Client has not purchased the “Trip Cancellation and Refund Guarantee Product” at the time of making the booking. Refunds by the Principals will be subject to their respective terms and conditions. the Company will charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
20. FOREIGN EXCHANGE REGULATION COMPLIANCE
Foreign Exchange Regulation Compliance is EXCLUSIVELY THE CLIENT’S RESPONSIBILITY. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the internet.
21. INTERNET BOOKINGS
21.1. If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company to do the following on its behalf:
21.1.1. Make any selections of and for the proposedtravel arrangements.
21.1.2. Make payments; and
21.1.3. Accept booking conditions.
Subject to statutory constraints or compliance with an order of court, theCompany undertakes to deal with allthe Client’s information of a personal nature on a strictly confidential basis. TheCompany will provide certain information to the Suppliers for the purpose of the Client’s Reservation,which the Client hereby CONSENTS to.
23. CONFIRMATION OF TRAVEL ARRANGEMENTS
It is advisable that all onward travel arrangements (local, international and on return to the Republic of South Africa (RSA), domestic connecting flights) be reconfirmed by the client 72 (seventy-two) hours prior to departure with the airline.
24. INTERPRETATION, LAW APPLICABLE AND JURISDICTION
24.1. 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 legalentities and vice versa.
24.2. These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and the Company. The Companyshall be entitled to institute any legal proceedings arising out of or in connection with these Conditions in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
24.3. This document reflects the only and full agreement between youand the Company and there exist noother terms, conditions, warranties, representations, guarantees, promises,undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY MATTER OR THING STATED ON BEHALF OF THE COMPANY OR OTHERWISE THAT IS NOT INCLUDED HEREIN.
24.4. No variation and/or extension thereof shall be valid unless agreedtobothbytheParties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by the Company, this document will always have preference. You will be liable for all legal fees of an attorney and own client scale in the event that the Company has to engage a lawyer to enforce or defend any of its rights or otherwise.
25. GENERAL TERMS AND CONDITIONS FOR ONLINE BOOKINGS
Insofar as they are applicable, the annexed online terms and conditionsshall be supplemental tothe otherterms and conditions contained in this document.
26. PROTECTION OF PERSONAL INFORMATION
26.1. By agreeing to these Terms and Conditions the Client hereby voluntarily authorises the Company to process the Clients personal information (including name, credit card & banking details, physical address, telephone numbers &any other information provided to the Company). Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information. This consent is effective immediately and will endure until the relationship between the Client and the Company has been terminated.
26.2. By agreeing to the terms of this Agreement the Client expressly consents to the processing of its information for marketing purposes and knows and understands that by agreeing to same that it may receive marketing materials in the form of a SMS, emails and the like from the Company.
26.3. By agreeing to the terms of this Agreement the Client expressly consents to the processing of special personal information as defined in the Protection of Personal Information Act, 4 of 2013, by the Company.