ONLINE BOOKING TERMS AND CONDITIONS OF WEBSITE USAGE
1. INTELLECTUAL PROPERTY
The website www.avocatravels.com is owned by Avoca Travels (Pty) Limited and the domain name is registered in the name of Avoca Travels (Pty) Limited. All intellectual property rights including copyright in the design, layout, set-up, functionality and corporate identity vests in Avoca Travels (Pty) Limited and may not be copied, or used in whole or in part without the prior written permission of Avoca Travels (Pty) Limited. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of Avoca Travels (Pty) Limited . The site may only be used for personal and for transacting with Avoca Travels (Pty) Limited but not for any other commercial use. Any other use of this site needs the prior written permission from Avoca Travels (Pty) Limited. If this site is misused in any way you will be liable for any legal action taken. All details that you give to us must be your own personal information. Action will be taken against individuals supplying Avoca Travels (Pty) Limited with fraudulent information, false enquiries, bookings, reservations or information requests etc. whilst using www.avocatravels.com
All contents of the Sites are registered to Avoca Travels (Pty) Ltd, 54 Peter Mokaba Ridge, Berea, Durban, 4001, South Africa. All rights in and to any copyright or registered or unregistered trademarks of Avoca remain strictly reserved. Other products and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.
2. BOOKINGS ONLINE
All online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail.
3. ACCESS & USE
Access to and use of the website is entirely at user’s risk and the user, by the use of the website, indemnifies and holds harmless Avoca Travels (Pty) Limited and its employees against claim, loss or damage that may arise, including any legal expenses that Avoca Travels (Pty) Limited may incur. This clause does not apply to the extent that the relationship between Avoca Travels (Pty) Limited and the user is found to be subject to the Consumer Protection Act 2008 (‘the CPA’) and any liability that may arise in terms thereof.
Avoca Travels (Pty) Limited may discontinue or suspend the website at any time without notice, and it may block, terminate or suspend any user’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others. However; if you are a regular user Avoca Travels (Pty) Limited will notify you of such blocking, termination or suspension of access.
4. CHANGES & MODIFICATIONS OF THESE TERMS AND CONDITIONS
Avoca may make future changes, deletions or modifications to these conditions, the Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Avoca will constitute the Client’s agreement to such changes, deletions and modifications, as the case may be. The Client agrees to accept and be bound by the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.
5. ACCESS AND USE
The Sites are offered to the Client on condition that the Client accepts, without modification, the Online Terms. By clicking the “BOOK” button on the Passenger information page, prior to any conclusion of any transaction on the Sites, the Client is deemed to have accepted and agreed to be bound by all the Online Conditions and notices.
Access to and use of the Sites is entirely at the Client’s risk. Avoca may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others (provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in Section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act).
6. PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Avoca or the Third Party Suppliers. Accordingly, the Client unconditionally agrees not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the Client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the Sites, the Client agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites. In addition, whether or not the Client has a commercial purpose, the Client agrees not to:
i. Access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express prior written permission of Avoca;
ii. Violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
iii. Take any action that imposes, or may impose, in the discretion of Avoca, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
iv. Deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Avoca.
7. LIABILITY DISCLAIMER
The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, Avoca does not guarantee the accuracy of the hotel, air, and other travel products displayed on the Sites (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Third Party Suppliers. Avoca disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Sites are intended as only general guidelines, and Avoca does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein.
Avoca may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. Avoca makes no representations about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites does not constitute any endorsement or recommendation of such products or services by Avoca. For the avoidance of any doubt, the services rendered by Avoca do not include advisory or consultancy services. All relevant information is provided ‘as is’ without warranty of any kind.
Avoca hereby disclaims all warranties and conditions with regard to the relevant information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Third Party Suppliers are independent contractors and not agents or employees of Avoca or its affiliates. Affiliates include websites which click-through to the Website. Avoca is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Third Party Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. Avoca and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Third Party Suppliers.
In no event shall Avoca and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability, or otherwise, even if Avoca and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. TRAVEL DESTINATIONS
By offering travel for sale to particular international destinations on the Sites, Avoca does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
The Client agrees to defend and indemnify Avoca and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
i. The Client or on the Client’s behalf (in excess of the liability described above); or
ii. By third parties as a result of the Clients:
a. Breach of these conditions and notices or any other documents referenced herein; b. Violation of any law or the rights of a third party; or c. Use of the Sites.
10. NO UNLAWFUL OR PROHIBITED USE
The Client warrants unconditionally that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.
11. LINKS TO OTHER WEBSITES
There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Avoca and it makes no representations and gives no warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Avoca’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with its operators. Avoca has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. The Client should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. The Client indemnifies Avoca against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.
Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and Avoca as a result of this agreement or use of the Sites.
Avoca’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Avoca’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by Avoca with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These conditions and the Conditions constitute the entire agreement between the Client and Avoca with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Avoca Travels with respect to the Sites. Any rights not expressly granted to Avoca herein remain reserved.
Avoca Travels (Pty) Limited Addendum to T&C Updated JAN 2017