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YOU ARE HERE: Home > Terms & Conditions
Standard Terms & Conditions
1. DEFINITIONS
1.1 "Accepted Quotation" shall mean the
quotation supplied by Rainbow and accepted by the Client either by
signature thereon (per facsimile transmission) or by signifying acceptance
by E-Mail either on the order form or by separate acceptance thereof,
either of which signify the Client's acceptance of such quotation; and
signed and returned by the Client to Rainbow per facsimile transmission,
signifying the Client's acceptance of such quotation; and
1.2 "Client"
shall mean the person or entity who has accepted the quotation and has
bound himself to the terms and conditions as contained herein. All persons
on whose behalf the Client acts, whether as principal or agent, shall be
deemed to have bound themselves to the terms and conditions as set out
herein; and
1.3 "Commencement Date" shall mean the date upon which the
first facility or service is provided by Rainbow to the Tour Group; and
1.4 "Component Cost" shall mean the cost, as detailed on the Accepted
Quotation, of any aspect of the Tour Package; and
1.5 "Quoted Price"
shall mean the price of the Tour Package as set out in the Accepted
Quotation; and
1.6 "Rainbow" shall mean African Rainbow Tours
(Proprietary) Limited and
1.7 "Service Provider" shall
mean such independent person or entity who supplies any facilities,
services and/or food and/or refreshments (including but not limited to
accommodation, transportation, meals, entertainment and the like); and
1.8 "Tour Brochure" shall mean the advertising and/or information
material supplied by each and every Service Provider; and
1.9 "Tour
Group" shall mean all persons who partake in any of the facilities or
services offered as a result of the agreement which arises from the
acceptance of any quotation furnished by Rainbow insofar as such persons
have been introduced by the Client; and
1.10 "Tour Package" shall mean
all the bookings, services, facilities, food and/or refreshments
(including but not limited to accommodation, transportation, meals,
entertainment and the like) forming part of the Accepted Quotation, as set
out in all brochures and other advertising material supplied by the
Service Provider.
2. APPLICABILITY
2.1 All quotes
accepted, bookings made and services rendered shall at all times be
subject to these terms and conditions unless otherwise agreed to in
writing and signed by both parties thereto.
2.2 The Client shall:-
2.2.1 bear the responsibility and be liable for the payment of all the
fees, disbursements and other amounts due in terms hereof and any Accepted
Quotation; and
2.2.2 furthermore ensure that all persons who may be
part of any Tour Group facilitated by the Client have been advised that
they are deemed to be subject to the terms and conditions as contained
herein and are made aware of same.
3. SCOPE OF TOUR PACKAGE
The Tour Package shall consist of such facilities, services,
meals and/or refreshments (including but not limited to accommodation,
transportation, meals, entertainment and the like) as may be set out in
the Accepted Quotation and Tour Brochure.
4. SERVICE PROVIDER REPRESENTATION
4.1 Rainbow endeavours at all times to ensure
that:-
4.1.1 the Service Providers meet such standards as may be
represented in the brochures supplied by such Service Providers; and
4.1.2 the brochures supplied by the Service Providers accurately
reflect the Tour Package to which such brochure relates.
4.2
Notwithstanding the aforementioned, Rainbow accepts no responsibility or
liability for the accuracy of the information contained in the Tour
Brochure and/or any representation and/or misrepresentation, loss, injury,
damage, delay and/or inconvenience which may be suffered by the Client
and/or the Tour Group arising out of any act and/or omission and/or
misrepresentation on the part of the Service Provider, its servants,
agents, contractors, sub-contractors, guests and the like.
4.3 The use
of any aspects or portion of the Tour Package shall at all times be
subject to the terms and conditions imposed by the Service Provider and
any lawful directives given by the Service Provider or their duly
authorised representatives.
5. QUOTATIONS
All
quotations are valid for the period stipulated therein and for so long as
the facilities and services reflected therein are available to Rainbow.
6. DEPOSIT AND PAYMENT
6.1 The Client shall make
payment directly to Rainbow or into such account as may be nominated by E
Commerce;
6.1.1 of the deposit, in the amount and on the date as
reflected in the Accepted Quotation; and
6.1.2 of the full cost of the
Tour Package as reflected on the Accepted Quotation by no later than 42
(Forty Two) days prior to the Commencement Date; and
6.1.3 of the
Quoted Price in South African currency into such bank account as may be
nominated by Rainbow on the Accepted Quotation.
6.2 Should the Client
fail to make payment as aforesaid, the Tour Package shall immediately be
cancelled without further notice to the Client but the Client shall remain
responsible for payment of the amounts as set out herein.
7. RESERVATIONS
Upon receipt of the required deposit, Rainbow
shall make such reservations as may be required in terms of the Tour
Package and shall advise the Client, within 7 (Seven) days of receipt of
the Accepted Quotation as to whether such reservations have been made or
not. Should any facility or service forming part of the Tour Package not
be available, Rainbow reserves the right to provide alternative facilities
or services of a like nature and standard.
8. CANCELLATION COSTS
8.1 Should the Client cancel or alter the Tour Package
and/or any part thereof and/or the total number of bookings comprising the
Tour Package, then and in such event the Client shall forfeit or if
payment has yet to be made, shall be responsible for payment of:
8.1.1
the deposit applicable to the Component Cost, should such cancellation or
alteration take place more than 31 (Thirty One) days prior to the
Commencement Date; or
8.1.2 25% (Twenty Five Per Centum) of the
Component Cost, should such cancellation or alteration take placemore than
22 (Twenty Two) days but less than 31 (Thirty One) days prior to the
Commencement Date; or
8.1.3 50% (Fifty Five Per Centum) of the
Component Cost, should such cancellation or alteration take place more
than 15 (Fifteen) days but less than 21 (Twenty One) days prior to the
CommencementDate; or
8.1.4 75% (Seventy Five Per Centum) of the
Component Cost, should such cancellation or alteration take place more
than 8 (Eight) days but less than 14 (Fourteen) days prior to the
Commencement Date; or
8.1.5 100% (One Hundred Per Centum) of the
Component Cost, should such cancellation or alteration take place less
than 7 (Seven) days prior to the Commencement Date.
8.1.6 Should the cancellation or payment terms of any of the suppliers or service providers be more onerous than those listed above then the terms of the supplier or service provider shall prevail.
8.2 All
alterations and cancellations of the Tour Package or any aspect or portion
thereof shall be made by the Client in writing and shall be addressed to
Rainbow at its telefacsimile number from time to time. Rainbow shall be
deemed to have received notification as aforesaid on the first business
day following the date upon which the notification is transmitted to
Rainbow.
9. ALTERATION TO TOUR PACKAGE
9.1 Rainbow
reserves the right to cancel and/or alter any aspect of the Tour Package,
any routes and/or the itinerary relating to the Tour Package, should it,
in Rainbow's sole and absolute discretion, be prudent and/or appropriate
to do so.
9.2 The Client and/or the members of the Tour Group shall
have no claim for any refund, loss, damage or expenses (all of whatsoever
nature) arising out of the cancellation and/or alteration of any aspect of
the Tour Package, any routes and/or the itinerary as aforesaid.
10. APPLICABLE INFORMATION
10.1 Rainbow shall, at
the request of the Client, make available such information and pamphlets
as may be available to it from time to time, relating to the rules of the
Service Providers and such informative details relating to immunisation
and preventative steps as may be provided by the relevant health
authorities.
10.2 Rainbow accepts no responsibility for the accuracy
of the information and shall not in any manner be liable for any loss,
damage or expenses (all of whatsoever nature) arising out of the use, by
the Client or the members of the Tour Group, of the information provided
in accordance with the aforementioned provisions.
11. TRANSFERABILITY OF RESERVATIONS
All reservations shall not be
transferred from one member of a Tour Group to any other person without
the prior written consent of Rainbow having first been obtained in
writing.
12. MINIMUM REQUIREMENTS
Rainbow reserves
the right to refuse to facilitate a Tour Package should the minimum value
thereof be less than R20 000,00 (Twenty Thousand Rand) or should the
number of persons attending the Tour Group be less than 4 (Four).
13. DISCLAIMER
13.1 Rainbow shall not be
responsible or liable for any refund, loss, damage, expense, illness,
accident, destruction, theft or loss of any property (all of whatsoever
nature) howsoever arising out of:
13.1.1 any act or omission
(including any negligent act or omission), representation or
misrepresentation, warranty or the like given by any Service Provider,
their employees, agents and/or guests; and
13.1.2 any representation
or misrepresentation, warranty or the like contained in any Tour Brochure,
advertising material, documentation supplied by any Service Provider
and/or Rainbow; and
13.1.3 the premature departure of any member of
the Tour Group from the tour as the result of accident, illness or any
other cause howsoever arising.
13.2 The Client and each individual
member of the Tour Group shall be responsible for ensuring that they
comply with all of the formalities imposed by the port or point of
destination and arrival, including but not limited to such regulations as
may be imposed by custom and health authorities.
14. JURISDICTION
The Client consents to the jurisdiction of any
competent Court in the Republic of South Africa and furthermore agrees
that the terms and conditions as contained herein shall be subject to and
interpreted in accordance with the prevailing laws of the Republic of
South Africa.
15. VIS MAJOR
15.1 The Client and/or
any member of the Tour Group shall not have any claim of any nature
whatever against Rainbow for any failure by Rainbow to carry out any of
its obligations under the contract as a result of vis major, including but
without being limited to any strike, lock-out, shortage of labour or
supplies and/or goods, delays in transport, accidents of any kind, any
default or delay by any Service Provider, riot, political or civil
disturbances, the elements, any act of any State or Government or any
authority, or any other cause whatever beyond Rainbow's control.
15.2
If for any cause referred to in 15.1 Rainbow's available supplies of the
goods or services forming part of the Tour Package become, or will in its
opinion become, be insufficient to meet the requirements of all its
Clients at any time, then Rainbow shall be entitled to alter the nature of
the Tour Package and supply similar services and facilities to its Clients
or allocate such services or facilities amongst its Clients in such manner
as it deems fair and equitable, and to vary its obligations to the Client
accordingly, until such time as Rainbow is satisfied that the facilities
and services at its disposal are sufficient to meet the requirements of
all its Clients.
15.3 If the performance of Rainbow's obligations
herein are unduly delayed by any of the causes set out in 15.1, then the
Client shall be entitled, subject to obtaining the previous written
consent of Rainbow, to cancel the affected portion of the Tour Package.
16. GENERAL
16.1 No alteration, cancellation,
variation of, or addition to these terms and conditions shall be of any
force or effect unless reduced to writing and signed by Rainbow and the
Client or their duly authorised representatives.
16.2 No indulgence,
leniency or extension of time granted by Rainbow, shall in any way
prejudice or preclude Rainbow from exercising any of its rights in the
future.
16.3 The headings appearing in these terms and conditions have
been used for reference purposes only and shall not affect its
interpretation.
17. TELEFAX NUMBER AND E-MAIL ADDRESS
17.1 All correspondence addressed to Rainbow shall be so
addressed either:-
17.1.1 to its facsimile transmission at +2711 262 2150
; or
17.1.2 to its E-Mail address at reservations@africanrainbow.com.
17.2 All correspondence by way of facsimile transmission or E-Mail
shall be deemed to be valid and binding on the Client;
17.2.1 provided
that same has been received by Rainbow; and
17.2.2 provided Rainbow
have proof that the facsimile transmission of E-Mail has been
sent.
18. Should payment be made by way of credit card the Client
and/or the owner of the credit card hereby indemnifies Rainbow against the
unauthorised use, by any person, of such credit card. Immediately upon the
use of the credit card and the payment of the funds pursuant to such use,
Rainbow shall not be obliged to refund to the Client and/or the owner of
the credit card any funds so transferred other than in accordance with the
provisions of this agreement.
If you have any questions about this
privacy statement, the practices of this site, or your dealings with this
Web site, you can contact:
19. CONTACT DETAILS
African Rainbow Tours
8 Kramer Road
Kramerville
Sandton
South Africa
Telephone: +27 (11) 262 6311
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