All bookings made with and/or all services rendered by or on behalf of Travelstart Online Travel Operations Pty Ltd. (‘the Travel Agent') are subject to these terms and conditions (‘the Conditions').
The person making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client').
The mobile site provides availability on the following domestic carriers only: South African Airways, British Airways Comair, Mango, 1Time and Kulula. The Travel Agent provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (‘collectively referred to as ‘the Principal'). The Travel Agent represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fullfill their obligations, whether in relation to travel arrangements or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Travel Agent will provide the identity, terms and conditions of all the Principals relevant to the service being provided for the Client's booking. It's the Client's responsibility to familiarise itself with such terms and conditions (‘the Principal's Conditions').
Once the Client has filled in the travel enquiry form on the Travel Agent's Mobile site , responded to an advertisement verbally or without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry'), about a particular destination or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements') the Travel Agent or the Mobile site, will prepare and provide the Client with an estimate (online, or e-mail) (‘the Estimate'). Upon the Client's confirmation that the facts and information contained in the Estimate is correct, the Travel Agent's mobile site will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation'). Full payment of the total estimated value of the Proposed Travel Arrangements (‘the Price') as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking'). The Travel Agent will not confirm any reservation if the full payment has not been received. Once the Booking has been completed, the Client will be supplied with an electronic message that will contain the final detail of their Booking (‘the Booking Confirmation Form'). In the case of flights, full payment is required at the same time the booking is made. If full payment is not received at time of booking, no reservation will be made. Form of payment for the Mobile site is Credit Card only.
The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the mobile site. It also acknowledges that the Mobile site booking has been compiled and is managed and up-dated by the Principal over which the Travel Agent has no control. Accordingly the Travel Agent cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such the Mobile Site. Any right of recourse in that regard will be against the Principal.
The full payment is due immediately by Visa, Master, American Express or Diners Credit Card. If the payment is not received on time the Travel Agent may cancel the Booking.
Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client's account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Travel Agent. 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 Price 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 (The Travel Agent will be entitled to retain any service fees charged).
All bookings made through the Mobile Site are subject to service fees. These fees cover the costs incurred by Travelstart Online Travel Operations Pty Ltd. in servicing your travel reservation.
The Proposed Travel Arrangements are made on the express condition that The Travel Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless the Travel Agent, its employees and agents accordingly. The Travel Agent, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
Documents (itineraries etc) are only prepared and released on receipt of payment of the Price in full. Should your payment be successful, your booking confirmation will be sent to your email address immediately. The Client must be ready to show their identity document at the check-in counter of the airline concerned. The ID document will apply to all members of a travelling party and for EACH MINOR.
All bookings are subject to the Principals’ change fees and levies where applicable.
All tickets purchased on the Mobile site are non refundable unless you have selected the cancellation policy.
In the unlikely event of there being 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 Travel Agent, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client's account.
While every effort is made to keep to the final itinerary, Principals and/or the Travel Agent reserves the right to make changes for the Client's convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client's duty to check each amendment to the itinerary and also to sign the final one.
South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Travel Agent. The Travel Agent shall be entitled to institute any legal proceedings arising out of or in connection with this contract 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.
The Client agrees that he/she will at all times comply with the Travel Agent's or others' requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the aircraft.
Whilst the Travel Agent will use its best endeavours to accommodate such requests, it does not guarantee that it will.
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Travel Agent.
No refunds will be considered in any circumstances whatsoever by the Travel Agent. Refunds by the Principals will be subject to their terms and conditions. Should you have selected the cancellation policy for your booking please contact us.
If the Client requests or instructs the Travel Agent to do bookings via the Mobile site, the Client irrevocably authorises the Travel Agent to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.
The Travel Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim for any loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Travel Agent whatsoever, unless such claim is due to the gross negligence of the Travel Agent and such claim is lodged in writing with the Travel Agent within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R10 000-,00 per Client per Booking and under no circumstances will the Travel Agent be liable for any indirect or consequential loss or damage.
The Client will be liable for all legal fees on an attorney and own client scale in the event that the Travel Agent has to engage a lawyer to enforce any of its rights or otherwise.
Subject to statutory constraints or compliance with an order of court, the Travel Agent undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
All onward travel arrangements must be reconfirmed by the Client 72 hours prior to departure.
The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Travel Agent or otherwise that is not included herein.
