STANDARD CONDITIONS OF CONTRACT:
APPLICATION
The Client agrees that no indulgence whatsoever by the Company shall constitute a waiver in respect of any of its rights under this agreement and under no circumstances will the Company be prevented from exercising any of its rights in terms of this agreement.
The terms and conditions contained in this document shall apply to the group tour booking and private packages, where applicable, concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
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.
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
1. INTERPRETATION:
AS USED HEREIN THE WORDS:
1.1 “THE COMPANY” means : Timeless Travel (Pbc) Ltd and any other operator, carrier or person appointed by Timeless Travel (Pbc) Ltd to perform services in connection with the group travel tour or Private tours .
1.2 “GROUP TRAVEL TOUR” means : A package tour, designed to accommodate a group of people who may or may not know each other, transported via road to a predetermined destination, This may also include scheduled activities booked by the operator with external service providers.
1.3 “CLIENT” means : Any individual who undertakes the services of the OPERATOR and, in the case of a GROUP, each member of the GROUP.
1.4 “GROUP” means : Two or more persons who have been booked together for a tour as a group and may join with other group or groups.
1.5 “SERVICE PROVIDER” or “SUPPLIER” means any person or entity/agent appointed by Timeless Travel (Pbc) Ltd or who services Timeless Travel (Pbc) Ltd, makes use of before, during or after a group travel tour. Service providers include and are not limited to, transporters, accommodation providers, other tour operators, taxi/shuttle services etc.
2. BOOKINGS:
2.1 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.
2.2 Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
TOUR PRICE, DEPOSIT AND PAYMENT
2.3 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 at 60 days prior to departure and full payment is due 30 days prior to the departure date.
2.4 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.
2.5 While Timeless Travel (Pbc) Ltd has utilized its best endeavors to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond THE COMPANIES reasonable control, in which event THE COMPANY shall utilize its best efforts to notify the clients of such changes as soon as possible.
2.6 The tour price includes only those services/items that are included as per the itinerary and the tour dossier, 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.
2.7 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 of a particular country 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 to increase the relevant prices/charges/tariffs to account for such increases and/or fluctuations. The client will be notified of such increase and/or fluctuation as soon as possible and only if possible, do its best to obtain the client’s authorisation before commencing with the final booking of such trip.
2.8 Although THE COMPANY takes care to ensure that all information on their website and or price brochures and/or quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, the Company undertakes to take all reasonable steps to inform the customer of the correct details. All prices are quoted in UNITED STATES DOLLARS (USD ) currency. If a customer pays using a non USD currency, the amount debited to the customer’s account will be as close to the advertised price as possible.
AMENDMENTS TO BOOKINGS:
2.09 If 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 rebates whatsoever from THE COMPANY.
2.10 Should be aware that if a Client wishes to transfer from one tour to another, outside the 60- days prior to departure period, no fee applies.
2.12 Where the client wishes to change tours (that is, to move from the tour confirmed herein to another tour), such amendment is subject to – THE COMPANY being able to accommodate the client on the substituted tour;
Payment by the client of an administration fee and
The change being made by no later than 60 days prior to the departure date of the original tour, failing which the cancellation penalties set out in the terms and conditions shall apply.
Changing the date of a tour, within 60 days of the departure, is subject to a fee of 15% of the tour price .
Changing the date of a tour, within 30 days of the departure, is subject to a fee of 30% of the tour price .
3. CANCELLATIONS:
3.1 Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Timeless Travel (Pbc) Ltd. Cancellation fees are applied to the tour price.
3.2 No cancellation fee is applicable to tours cancelled more than 60 days before date of Departure. The CLIENT will be refunded in full with the exception of the booking deposit which is non refundable.
3.3 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.
3.4 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:
>90 Days: No fee applies except for the non-refundable booking deposit
60 – 89 Days: 25% of the tour price is held as cancellation
30 – 59 Days: 50% of the tour price is held as cancellation
10 – 29 Days: 75% of the tour price is held as cancellation
0 – 09 Days: 90% of the tour price is held as cancellation
3.5 The Company shall be entitled to apply any portion of the monies paid by the client toward any cancellation penalty payable in terms hereof.
3.6 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 (which includes for the avoidance of doubt, the non-refundable deposit) 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.
3.7 The company shall not be held accountable or liable for cancellation of services not provided directly by the company, this includes and is not limited to services provided by accommodation partners, shuttle services, festivals organisers, tour guides etc. Our Standard Cancellation Terms will apply should any cancellation be received from the client in regard to a 3rd party service.
3.8 The client acknowledges that the tour is subject to a minimum booking (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.
4. PROTECTION OF THE ENVIRONMENT AND OTHERS
4.1 The CLIENT agrees and undertakes that whilst on a group travel package provided by THE COMPANY he/she will not violate the code of conduct of the operator or the rules/terms and conditions set out by operators appointed by Timeless Travel (Pbc) Ltd and will have respect for the environment and surrounds.
4.2 The CLIENT undertakes to behave in a quiet and peaceful manner showing consideration to other CLIENTS and SERVICE PROVIDERS and the environment.
5. COMPANY INSTRUCTIONS:
The CLIENT hereby agrees to adhere to all instructions given by the OPERATOR (whether given verbally, displayed on notices in vehicles, published in leaflets or other documentation) during the GROUP TRAVEL TOUR including
5.1 To remain seated in vehicles whilst in motion:
5.2 Not to exit vehicles in dangerous areas such as along the side of the road or where stopping is clearly prohibited.
5.3 To not be rude, overly intoxicated or disruptive to other CLIENTS.
5.4 To take all safety measures to avoid fire hazards.
5.5 To take precautions against sun and heat and any threats of illnesses based in the region .
5.6 To adhere to border procedures.
5.7 To adhere to rules and conditions of service from establishments/SERVICE PROVIDERS THE COMPANY makes use of.
6. BAGGAGE AND EQUIPMENT:
6.1 The CLIENT warrants that neither his/her baggage, equipment or other goods which THE COMPANY is to transport contains any flammable, hazardous or dangerous articles.
6.2 THE COMPANY may in its sole discretion and without giving any reason therefore refuse to carry a CLIENT’s baggage and/or photographic equipment and/or any other goods at any time .
7. CLIENTS HEALTH AND DOCUMENTATION:
7.1 The CLIENT warrants and acknowledges that his/her general health is good and that there is nothing which renders him/her unfit to undertake a Tour. The CLIENT acknowledges that it is his/her responsibility to ensure that he/she is possessed of the necessary travel documents and has complied with all health and other regulations that may be required in respect of the proposed Tour.
8. RISKS, HAZARDS AND DANGERS:
8.1 The CLIENT understands and appreciates fully the fact that there are risks, hazards and dangers
involved or may be encountered during on a road trip:
Motor vehicle accidents
Mechanical breakdowns
Delays at border posts
Health risk, such as food poisoning, heat strokes, malaria
8.2 The CLIENT acknowledges the potential risks and dangers and hereby voluntarily assumes the risk inherent in taking part in the GROUP TRAVEL TOUR.
9. LIABILITY:
9.1 THE COMPANY shall be under no liability to the client for any claim which may arise in respect of or in connection with the GROUP TRAVEL TOUR and the CLIENT hereby renounces for himself, members of his group and dependents all claims against THE COMPANY for compensation for injury, damage or loss, whether sustained on a vehicle, embarking or disembarking from a vehicle or in a game reserve, hotel or lodge or elsewhere or as a result of delays or otherwise, caused directly or indirectly to him/her or his/her belongings, members of his group and his/her dependents or to persons who, except for these conditions, might have been entitled to make a claim howsoever arising and whether caused or occasioned by any grossly negligent act or omission or default by THE COMPANY.
9.2 The carriage, handling or keeping of any baggage and /or other goods of the CLIENT will be at the sole risk of the CLIENT or its owner and THE COMPANY shall not be liable for any loss or damage of whatsoever nature and howsoever caused.
9.3 Whilst THE COMPANY will endeavor to ensure that all anticipated transport, accommodation, food, drinks and other such services are available as planned, there shall be no claim of any nature whatsoever against THE COMPANY for a refund, either in whole or in part or of any other claim of any nature whatsoever including consequential damages as a consequence of any transport, accommodation or other facility attached to the GROUP TRAVEL TOUR not being available e.g. This caused by immigration regulations, industrial action, adverse weather, flooding, road access and such.
9.4 THE COMPANY will not be held liable or accountable for lost documentation while on a GROUP TRAVEL TOUR. It is the CLIENTS responsibility to ensure that their travel documentation is kept safe. In the event of lost documentation, the GROUP TRAVEL TOUR will proceed and the CLIENT will be responsible for arranging replacement documents, transportation and accommodation while awaiting documents to travel back.
9.5 THE COMPANY will advise the CLIENT as far as possible of sights to visits, things to do or eateries to visit etc. The operator assumes that the CLIENT has read and understood all information provided and has familiarized him/herself with the surroundings, pricing and all information pertaining to the establishment he/she wishes to visit.
9.6 THE COMPANY shall not be held accountable or liable for services not provided directly by THE COMPANY, this includes and is not limited to services provided by accommodation partners e.g. meal/restaurant services, porter services, taxi services.
9.7 The onus is upon the CLIENT to check all booking details and make sure that the dates allocated are correct. Making full payment or deposit payment will deem that the dates THE COMPANY has secured are correct and that the CLIENT agrees to all excursions mentioned as well as the times of the aforementioned. THE COMPANY reserves the right to exclude any CLIENTS from excursions due to punctuality, tardiness, rude/disrespectful behaviour etc. Further
to this, THE COMPANY cannot be held accountable for missed excursion due the aforementioned reasons.
10. INSURANCE:
10.1 It is recommended that the CLIENT take out Travel Insurance.
10.2 It shall not be obligatory upon THE COMPANY to arrange insurance on behalf of the CLIENT.
11. INDEMNITY:
11.1 The CLIENT hereby indemnifies and holds harmless THE COMPANY
(a) against any claim which may be made by the CLIENT’s dependents or any member of his group against the OPERATOR; and
(b) against any damage or loss that the OPERATOR may suffer through any act or omission of the CLIENT howsoever caused.
11.2 The CLIENT hereby agrees to sign any reasonable further indemnity provided for at game parks, theme parks, resorts museums and historical sites and to conform with game/theme park and resort regulations, museum and historical site regulations and customs, immigration and health regulations of the territories or countries to be visited or traversed. If the CLIENT is restrained and is unable to continue the GROUP TRAVEL TOUR for any reason whatsoever by the authorities in any country, he/she shall have no claim for further carriage or rebate against THE COMPANY.
12. DAMAGES:
12.1 Should the client damage any property of the operator or its SERVICE PROVIDERS and the evidence thereof exist, the client will be held liable for the cost to repair or replace damaged goods. The client hereby agrees that an invoice will be generated by the operator for the costs of the repair/damages and the clients will settle the invoice within 30 days from the GROUP TRAVEL TOUR. Failing to settle the invoice, will result in legal steps being taken against the client.
13. BREACH AND NUISANCE:
If the CLIENT breaches any obligation in terms of this agreement or if the CLIENT constitutes a nuisance to the OPERATOR or any other CLIENT, the OPERATOR shall be entitled to terminate the CLIENT’s group and refuse to permit the CLIENT or any member of his group to continue with the GROUP TRAVEL TOUR. In these circumstances the CLIENT or any member of his group, at his/her cost and responsibility shall make his/her own travelling arrangements from the point of termination. In these circumstances, THE COMPANY shall not be liable to make any refund to the CLIENT and the latter will have no claim for transport of any nature whatsoever against THE COMPANY.
14. EARLY TERMINATIONS AND DEVIATIONS:
14.1 If for any reason, including illness or injury, the CLIENT no longer wishes to continue with the GROUP TRAVEL TOUR then the CLIENT at his/her cost shall make his/her own travelling arrangements as the CLIENT so chooses. If the OPERATOR is obliged to deviate from the proposed route as a consequence of injury or illness of the CLIENT or member of his group or for such other reason as a CLIENT may require, that CLIENT shall be responsible for all additional costs arising out of the deviation.
14.2 THE COMPANY considers that the contents of its brochures, pamphlets and other advertising material is correct at the time of printing and services described therein are subject to change or withdrawal without further notice.
15. CHILD POLICY
15.1 All age groups may travel with Timeless Travel (Pbc ) Ltd .
15.2 Any traveller between the ages of 0 – 17 must be accompanied by a parent, unless specific authorization had been obtained from Timeless Travel (Pbc) Ltd
15.3 Age restrictions may apply to certain items listed in the respective tour activities. It is important that you are aware of these restrictions prior to confirming children on tour. No allowance will be made where children cannot be accommodated.
15.4 It is the responsibility of the parent/guardian to ensure that the child has all the correct travelling documentation, which includes, unabridged birth certificates, consent letter and any other forms required to take a minor cross border.
16. PRIVACY POLICY
16.1 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 COMPANY 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.
16.2 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.
16.3 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
16.4 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.
16.5 You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.
16.6 Whilst the supplier 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 COMPANY.
THE COMPANY will:
treat your personal information as strictly confidential;
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; promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control.
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.
17. GENERAL:
17.1 These standard terms and conditions contain the entire terms of the agreement between THE COMPANY and the CLIENT and is to be read along with the code of conduct and the cancellation policy.
17.2 Neither party shall be bound by any condition, warranty, representative or undertaking of any kind, whether express or implied, except as set forth in these conditions of contract.
17.3 No purported amendment or modification of these conditions of contract shall be valid unless in writing and signed by THE COMPANY.
17.4 The failure of THE COMPANY at any time to require performance of any provision of these conditions of contract shall not affect the right of THE COMPANY to require performance of that provision or of any other provision in the future. No waiver by THE COMPANY with respect to a breach of any provision of these terms shall be construed as a waiver with respect to any continuing or subsequent breach of that provision, or as a waiver of any other right under this contract.
