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STANDARD TERMS AND
CONDITIONS OF CONTRACT
Sure Dynamic Travel Pty Ltd
Preamble
- Dynamic Travel (Pty) Ltd Ltd, Registration Number 73/00235/07 ("Dynamic Travel (Pty)
Ltd") 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. Dynamic Travel (Pty) Ltd will provide, on request, the identity,
terms and conditions of all our principals and other parties for whom we act directly
as agent relevant to the service being provided for YOUR booking.
Liability
- Dynamic Travel (Pty) Ltd represent airlines, tour operators, service suppliers and
other travel organizations as agents only, and accordingly on receipt by Dynamic
Travel (Pty) Ltd of any bookings in a brochure or tailored quote. Dynamic Travel
(Pty) Ltd shall transmit any such booking to the supplier concerned and endeavour
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/or utilising
the services any person participating in any of Dynamic Travel (Pty) Ltd' tours
or packages become contractually bound to the supplier thereof.
- Neither Dynamic Travel (Pty) Ltd nor any holding, parent, subsidiary, affiliated
or associated company or representative shall be liable for any loss, injury of,
or damage to your person and/or belongings whatsoever and you indemnify Dynamic
Travel (Pty) Ltd accordingly. Dynamic Travel (Pty) Ltd furthermore do not accept
liability for any actions, errors or omissions on the part of any principal or third
party and/or their agents, which may be prejudicial to you or result in loss in
any way or form whatsoever.
- Those parties for whom Dynamic Travel (Pty) Ltd act as agents 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.
1.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 principals and parties for whom Dynamic Travel (Pty)
Ltd acts as agent, and excludes services of a peripheral nature as described or
similar to those described in Clause 6.
- Any booking made by Dynamic Travel (Pty) Ltd constitutes a form of contract between
you and the parties referred to in the above clause and is consequently subject
to the terms and of Dynamic Travel (Pty) Ltd and such other parties conditions of
agreement of business.
- Wherever possible, Dynamic Travel (Pty) Ltd 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
Dynamic Travel (Pty) Ltd.
- 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 Dynamic
Travel (Pty) Ltd, it is understood that expenses relating to these unscheduled extensions
(hotel accommodation, etc) will be for your account.
- In the event that any service provider/principal is unable to provide the service
confirmed to you, Dynamic Travel (Pty) Ltd 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, Dynamic Travel (Pty)
Ltd reserve 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.
- Unless full payment is due at the time of making the booking, all bookings must
be accompanied by the requested deposit or guarantee of a deposit to Dynamic Travel
(Pty) Ltd-part or all hereof may be non-refundable. The deposit constitutes part
of the booking conditions and Dynamic Travel (Pty) Ltd reserve the right to cancel
any booking without prejudice, in the event of a deposit or part thereof not being
received.
- The booking price quoted to you is based on fares, hotel prices, land costs and
other relevant costs ruling at the date of Dynamic Travel (Pty) Ltd' proposal. In
the event of there being any increase in any of the aforegoing costs prior to the
start date of any booking, such variation shall be for your account on request by
Dynamic Travel (Pty) Ltd, as shall any increase in the booking price arising from
the fluctuation in rates of exchange between the date on which the booking was quoted
and the start date of any booking.
2. Payment and additional charges
- Final payment for any booking must be made at least six weeks prior to departure,
unless specific arrangements have been made with Dynamic Travel (Pty) Ltd and such
arrangement confirmed in writing by Dynamic Travel (Pty) Ltd.
- 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), Dynamic
Travel (Pty) Ltd reserve the right to claim the late booking charges, communications,
consultation, administration and amendment fees where applicable.
- Interest at 2% above the current prime bank overdraft rate will automatically be
applied to all overdue amounts.
- For the business traveler who has a corporate account with Dynamic Travel (Pty)
Ltd, the terms of credit are strictly payable on presentation of statement dealing
with such account.
- 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
Dynamic Travel (Pty) Ltd be unused for any reason.
3.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 Dynamic Travel (Pty) Ltd to effect insurance for
you except upon detailed instructions given in writing by you and all insurance
affected by Dynamic Travel (Pty) Ltd 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 Dynamic Travel (Pty) Ltd shall not be obliged
to obtain separate cover for any risks so excluded. Dynamic Travel (Pty) Ltd 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 Dynamic
Travel (Pty) Ltd 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 Dynamic Travel (Pty) Ltd or paid to Dynamic Travel
(Pty) Ltd by you.
- Dynamic Travel (Pty) Ltd will not be responsible if you fail to take adequate insurance
cover.
- Queries must be addressed to the principal insurer, as Dynamic Travel (Pty) Ltd
shall not in any way be held responsible for any and/or all information advanced
by its staff in this regard.
4. Peripheral Requirements
- Dynamic Travel (Pty) Ltd 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 Dynamic Travel
(Pty) Ltd 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,
Dynamic Travel (Pty) Ltd 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.
5. Cancellation
- Dynamic Travel (Pty) Ltd 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, Dynamic Travel (Pty) Ltd
reserve the right to claim the services, administration, communication and cancellation
charges which will inter alia depend on the debits Dynamic Travel (Pty) Ltd receive
from its suppliers.
- Failure to cancel will result in the total booking cost being payable.
- Dynamic Travel (Pty) Ltd reserve the right to discontinue and summarily cancel any
agreement in respect of which payment have fallen in arrears, and in the event of
this right being exercised, the fully balance still owing shall immediately become
due and payable on demand.
6. 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 Dynamic Travel
(Pty) Ltd and any variation and/or extension thereof shall not 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 Dynamic Travel (Pty) Ltd, this document will
always have preference.
Dynamic Travel (Pty) Ltd act as an agent only and are not liable for any loss, damage,
accident, delay or inconvenience caused by the principal
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