BOOKING TERMS & CONDITIONS
CONSUMER PROTECTION ACT (‘CPA’ NOTICE – Please read the following carefully & proceed accordingly)
WHEN MAKING AN ENQUIRY
IMPORTANT: RAND DEPRECIATION & CHANGES IN FINAL PRICING
Due to the current volatility of the Rand and its depreciation against major hard currencies, the final pricing on your quote/booking is subject to increase at any time. Whilst the payment of a deposit enables us to hold a reservation for you, it does not fix the final pricing which can only be guaranteed when we receive your full payment and travel documents have been issued. We will advise you of the due date for full payment and it is imperative that you contact your travel consultant to reconfirm your final pricing prior to making full payment on the date stipulated. Thank you for your understanding.
• Please SKIP the next ‘bullet’, peruse our website at your leisure & submit your enquiry to us by completing the template ‘Enquiry Form’ & submit.
• However, if in the process of perusing our website or any of the hyperlinked websites you come across anything that is not clear then please go to our ‘CONTACT US’ link & submit your question to us.
WHEN MAKING A BOOKING:
• The CPA in section 49 requires of us to bring to your attention certain aspects – we’ve done that by underlining certain clauses.
• The CPA in section 49 also requires of us to ‘Spell out’ risk(s) of certain aspects & activities – these clauses or parts thereof appear in bold and you are deemed to have read, have been explained (if required), understood & accepted these clauses – if any of these are still not clear or you need any further explanation, DO NOT accept the T&C and go to ‘WHEN MAKING AN ENQUIRY’ above and follow those steps.
• The CPA in section 41 also requires of us to clarify any ‘apparent misapprehension’ you may have – if you have such a ‘misapprehension’ DO NOT accept the T&C and back go to ‘WHEN MAKING AN ENQUIRY’ above & follow those steps.
• If anything is STILL not clear or you STILL have a question(s); email, phone or visit us AGAIN, BEFORE making your booking.
STANDARD TERMS & CONDITIONS OF CONTRACT FOR AVOCA TRAVELS (PTY) LTD
Avoca Travels (Pty) Limited (‘Avoca’) provides and arranges products and services as an agent on behalf of airlines, wholesale companies, tour operators and /or other service providers or suppliers (‘the Third Party Suppliers’) including accommodation, travel arrangements and transportation services (‘the Products’ and ‘Services’). Avoca’s role is to assist you to plan your travel arrangements, facilitate your bookings and arrange payments and refunds as applicable. Avoca is not a provider of Products or Services as such and has no responsibility for Products or Services provided or not provided by any Third Party Suppliers. We give and make no warranty or representation regarding the standard of any Products or Services supplied by Third Party Suppliers and no person has the authority to make any such representation or warranty on behalf of Avoca. If for any reason, any Third Party Supplier is unable to provide the products or services you purchased through Avoca, your remedy lies solely and exclusively against that Third Party Supplier and not Avoca. Your relationship with any right of recourse against such Third Party Supplier will be in terms of the terms and conditions of such Third Party Supplier (‘the Third Party Supplier T&C’) and it is your duty to obtain a copy of such Third Party Supplier T&C and familiarise yourself with it.
All enquiries, advice, estimates or quotations provided by or bookings made with and / or all Services rendered or Products provided by or on behalf of Avoca are subject to these terms and conditions (‘the Conditions’) as they appear below together with and the Third Party Suppliers’ T&C. Any travel booked is considered to be with your approval, acceptance of and consent to be bound by the said conditions. You should ensure that you read and understand the terms and conditions that apply to your particular arrangements and we will make available to you Third Party Suppliers’ T&C and websites. You must not make any booking unless you understand and agree with these conditions that constitute the entire terms of the relationship between you and Avoca and the Third Party Supplier. If you don’t understand and/or don’t agree with the aforesaid, then you must either not make the booking or discuss it with Avoca first. A failure to do so will be deemed to be an indication that you have no misapprehension, understand the aforesaid and agree to be bound by it.
2. THE CLIENT AND AUTHORITY
Any person wishing to utilize the services and/or products referred to in clause 1 (one) above (‘the Services’ and ‘the Products’), indicates their acceptance of the Conditions by clicking on the “BOOK” button on the passenger information page, prior to the conclusion of any transaction with Avoca in the case of an online booking or by signing the Conditions in the case of making the booking in person at the offices of Avoca or via telephone, telefax or email where such a personal transaction is not possible. Upon doing so, such person is deemed to have read, understood and accepted the Conditions and to have the authority to do so on behalf of the person/s in whose name the actual reservation or booking is made (collectively referred to as ‘the Client/s).
The person making such booking declares that he/she is above 21 years of age and confirms that all Clients’ details he/she supplies on the Avoca Booking Form mirror those details exactly as shown on their passports for international travel and South African Identity Documents for local travel. No employee or agent of Avoca has the authority to vary or waive any of the Conditions or promise any discount or refund.
3. NATURE OF THE ONLINE SERVICES RENDERED BY AVOCA TRAVELS
Avoca also renders the service of hosting an online search and booking portal, with its primary focus on the travel and accommodation industries (‘the Hosting Service’) pursuant to which the general public shall:
i. Have access to the portal
ii. Request quotations
iii. Be entitled to set certain travel, accommodation and/or other service criteria based on information gleaned from the Internet iv. Be entitled to confirm bookings and place reservations relating to its travel, accommodation and/or other service requirements The Hosting Service does not include any advisory or consultancy services.
4. THIRD-PARTY SUPPLIERS
Avoca provides Clients with the Services either itself or acts as agents for Third Party Suppliers. Avoca represents the Third Party Suppliers as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death (except if such loss or damage arises from negligence or willful misconduct of Avoca or any person acting for or controlled by Avoca) which any Client may suffer as a result of any act or omission on the part of or the failure of the Third Party Supplier to fulfilling their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Third Party Supplier, which is often constituted by the ticket issued by the Third Party Supplier, shall constitute the sole contract between the Third Party Supplier and the Client and any right of recourse the Client may have, will be solely against the Third Party Supplier. The Client indemnifies and holds harmless Avoca, its employees and agents accordingly. Avoca, its employees, and agents shall furthermore not be liable for any consequential or indirect loss or damages whatsoever unless section 61 of the Consumer Protection Act (‘the CPA’) applies.
5. BOOKING ENQUIRIES & RESERVATIONS
Once the Client has completed all applicable fields to initiate an enquiry regarding a particular destination, trip, tour, mode of travel, preferred accommodation and/or other service on the Avoca Website www.avocatravels.com or Mobile site m.avocatravels.com or Mobile Application (collectively, ‘the Sites’), or initiated such an enquiry with Avoca by any other means of communication including by means of access to the Sites or has responded to an advertisement verbally or in writing, via e-mail or the internet or has, without reference to any of the aforesaid, asked for more details telephonically (collectively referred to as ‘the Enquiry’), the Sites or an Avoca consultant will prepare and provide the Client with the projected total cost of the Enquiry (online, by email, by SMS or telephonically) (‘the Estimate’).
The Estimate is accepted by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Estimate telephonically or via email. Full payment of the total value of the Estimate (‘the Payment’) is required in order to confirm reservations with the relevant Third Party Suppliers (‘the Booking’). Once the online Booking or Booking affected by Avoca has been completed and the Client has authorized Avoca to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’). In the case of air tickets, full payment for the booking must be made and must enter the bank account of Avoca Travels before midnight South African time on the day that the booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
Unless otherwise specified, the price of any tour booked excludes passport, visa and courier fees, insurance, tourism levies, laundry, telephone bills, beverages, tips and gratuities to third party supplier staff / tour leaders, guide services, entrance, camera fees, items of a personal nature, excess baggage charges, optional excursions and any services not stipulated in the tour itinerary, brochure or service voucher.
6. DESTINATION SELECTION
The Client acknowledges that he/she has selected the itinerary and destination/s constituting the booking based on information gleaned from the Internet. The Client also acknowledges that the Internet booking has been compiled and is managed and updated by the Third Party Supplier and, that Avoca has no control over information compiled by the Third Party Supplier. Accordingly, Avoca cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with those advertised on the Internet by or on behalf of the Third Party Supplier. Any right of recourse in that regard will be exclusively against the Third Party Supplier.
7. PAYMENT AND PAYMENT TERMS
Deposits are non-refundable. Payment of a deposit enables Avoca Travels to hold a reservation for you but does not guarantee the fare and/or price. Additional deposits for certain travel arrangements may also be required by Third Party Suppliers. The fare and/or price can only be guaranteed once we receive full payment and tickets and/or other travel documents have been issued. Avoca Travels will advise you of the date that full payment is required. All prices shown are ‘from prices’ and we reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Failure to make payment in full by the due date may result in the forfeiture of any deposit paid. The Booking Fee is also non-refundable.
When you/your agent wishes to make a booking, you must pay the stipulated non-refundable deposit that may apply to your travel arrangements, together with full payment in respect of certain airfares which may have to be ticketed at the time of booking and are non-refundable – full details will be advised at the time of booking; or full payment of the total value of the Estimate (‘the Price’) as specified in the Proforma Invoice in order to confirm reservations with Third Party Suppliers (‘the Booking’). Once the Online Booking or Booking affected by Avoca has been completed and the Client has authorized Avoca to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of their Booking (‘the Booking Confirmation or Invoice’). In the case of air tickets, full payment for the booking needs to be made and received by Avoca on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
Avoca prefers payment by Electronic Funds Transfer (EFT) on condition that the Client emails the EFT transmission report to Avoca that clearly reflects Avoca’s booking reference number and obtains confirmation of receipt of payment when the funds actually enter Avoca’s bank account. Similarly, cash payments are accepted on the condition that the Client emails the cash deposit slip to Avoca for the cash plus the applicable cash deposit fees deposited into Avoca’s bank account.
Credit Card payments are accepted in accordance with IATA regulations. A signed and validated Standard Credit Card Charge Form (SCCCF) or payments via our Virtual Card Services System are the only recognized forms of payment by credit card. Credit Card payments for land arrangements shall be accepted only on the condition that the Client informs Avoca at the time of booking and subject to conditions advised and acceptable to the Cardholder and Avoca.
Any agent who acts as an intermediary between the Client and Avoca must acknowledge that he/she has physically seen the credit card used and that the signature on the card is the same as that on the Credit Card Charge Form. Minimum requirements to prove that the Cardholder was present at the time of the transaction include; the completion of a signed, validated and approved SCCCF, a copy of the front and back of the credit card and the cardholder’s identity document. The said agent or intermediary assumes full responsibility for any chargebacks, credit card fraud or other irregularities arising from any such credit card transactions. If the card is a foreign credit card then the Cardholder may be requested to provide various other details.
When booking real-time or live inventory on the internet, the full payment is due immediately by Visa, Master, American Express or Diners Credit Card, Electronic Funds Transfer or Cash Deposit at a bank, whichever is applicable, and must enter Avoca’s bank account before midnight South African time on the day that the Booking was made. If the payment is not received as stated above, Avoca or the Third Party Supplier involved reserves the full right to cancel the booking, in which event the full payment (less any cancellation and administration fees) shall be refunded to the Client. In the event that the payment was made after the said deadline, and should Avoca inform the Client by means of a revised Estimate that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the Client will be liable for any difference between the original Estimate and much higher price, and the revised Payment must enter the Avoca bank account before the deadline stipulated in the revised Estimate in order to secure the Booking.
Avoca is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may, therefore, be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. Avoca shall therefore not be held liable for any Additional Charges levied by the applicable merchant or bank, pursuant to the confirmation of a Booking.
8. DYNAMIC PRICING & PRICES
Dynamic pricing; also called real-time pricing, is an approach to setting the cost for a product or service that is highly flexible and constantly fluctuating until booked, paid for and ticketed/invoiced. The goal of dynamic pricing is to allow Third Party Suppliers that sell seats, rooms or services over the Internet to adjust prices on the fly in response to market demands. Dynamic pricing is legal and the general public has embraced dynamic pricing as a norm when purchasing airline tickets or reserving hotel rooms / other services online.
All prices quoted on any offer, website, brochure, advertisement, price insert, etc. are for cash transactions based on the airfares, tariffs and currency exchange rates prevailing at the time when those offers were produced. All prices are therefore subject to change without prior notice due to increases in airfares, transportation and fuel costs, security charges, taxes or fees for services such as landing taxes, embarkation/disembarkation fees at ports and airports and currency exchange rates applied to the particular package that may become effective up to and including the day that Avoca receives full payment. Until Avoca has received payment of the Price in full, it reserves the right to charge any increases to the Client’s account and the Client undertakes to pay for any such increases in demand. The onus will be on the Client to check that there have been no changes in the Price prior to making the full and final payment. Inclusive tour package prices are based on the total package and no breakdown of component costs will be provided. All Prices quoted are based on specially negotiated airfares in a specific airline booking class. At the time of booking, if there is a lack of availability in the specified class on any particular flight, we will endeavor to secure seats for you in an alternative class and you will be told the amount of the applicable flight supplement/higher deposit before you book. All airfares are subject to the price and conditions quoted by the airlines and subject to change until paid for in full and the air ticket is issued. The price quoted is only guaranteed on condition that the full payment enters Avoca’s bank account before midnight South African time on the day that the Booking was made.
Estimates are provided at the ruling daily exchange rate. Until Avoca has received full Payment, it reserves the right to amend any Estimate. Should the Estimate be increased due to an exchange rate fluctuation, the Client undertakes to pay for any increase in demand. The onus will be on the Client to check that there have been no changes in the Quote prior to making full payment. Airfares are subject to the price and conditions quoted by the airlines. However, once full payment has been received, the price quoted is guaranteed provided that the payment was made and entered into the Avoca bank account before midnight on the day that the Booking was made. Service fees and products are non-refundable in case of a cancellation.
Should the Client be a group booking and the group number decreases from the original number required for the Booking, the Third Party Supplier may reserve the right to re-cost the Estimate and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Third Party Supplier canceling the booking and retaining any payment made and Avoca will be entitled to retain any service fees charged.
10. SERVICE FEE
These fees cover the costs incurred by Avoca in booking and servicing the Client’s travel reservations and we reserve the right to charge a service fee or after-hours fee for any additional services rendered.
11. RESPONSIBILITY/ HOLD HARMLESS
Avoca arranges leisure, business, sports and adventure tours to global destinations including certain regions where the standards of accommodation, transport, safety and security, hygiene, medical facilities, and other infrastructure may, at times be lower than those one would normally expect. All tours, especially those to sporting events, visiting remote or unstable regions or areas with extremes in climatic conditions or dangerous wildlife, involve a risk of injury, psychological trauma, disease, loss or damage to property, inconvenience and discomfort.
All bookings are accepted on the clear understanding that the passengers are fully aware of the said risks and potential hazards and that it is the Clients’ duty to familiarize themselves with the inherent risks and dangers of their journey as well as the mental and physical condition required for their proposed travel arrangements and, the Clients agree to assume all such risks associated with the journey, which they undertake of their own choice and entirely at their own risk.
Avoca acts only as an agent on behalf of Third Party Suppliers and accordingly accepts no liability whatsoever for any loss, damage, injury, illness, death, accident, delay, or any other irregularity howsoever arising. Avoca makes every effort to ensure that all the arrangements and services connected with a Client’s itinerary will be carried out as specified in the most efficient and effective way possible. However; Avoca does not have direct control over the provision of services by Third Party Suppliers and, whilst they are in all cases selected with the utmost care, Avoca does not accept liability for the errors and omissions of such suppliers. The contract in use by Third Party Suppliers shall constitute the sole contract between the Third Party Suppliers and the Client and any right of recourse the Client may have, will be exclusively against the Third Party Suppliers concerned.
Except where otherwise expressly stated in these Conditions, Avoca cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. In these Conditions, “force majeure” means any event which we or Third Party Suppliers of the services in question could not, even with all due care, foresee or avoid. Such events may include without limitation war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, fire, natural or nuclear disaster, adverse weather conditions, flight delays or rescheduling, overbooking by the airline, technical difficulties, strikes, or any other circumstances that are beyond Avoca’s control.
Any claim must be lodged in writing with Avoca within 28 (twenty-eight) days after the date on which the booking was made. Any liability will be subject to a limitation of R10 000 (Ten Thousand Rand) per Client per Booking and under no circumstances will Avoca be liable for any indirect or consequential loss or damage, unless Section 61 of the Consumer Protection Act (‘the CPA’) applies.
Clients are responsible for their own insurance and Avoca will not be responsible or liable in the event of a Client failing to purchase adequate insurance cover or any insurance at all. Clients are strongly advised to purchase travel insurance covering cancellation and curtailment, delays, personal accident and liability, medical expenses, emergency repatriation, loss of or damage to baggage and sports equipment. (N.B. this list is not exhaustive).
It shall not be obligatory upon Avoca to affect insurance for the Client except upon detailed instructions given in writing and all insurance effected by Avoca pursuant to such instructions will be subject to such exceptions and conditions as may be imposed by the insurance company or the underwriters accepting the risk and Avoca shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason; the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the passenger will be issued with a policy wording document of the insurer. It is a complex document, which must be read before you travel so that you can address any queries you may have to the insurer before your departure. Credit card companies offer limited levels of travel insurance cover that Avoca does not consider adequate for international travel. Kindly check with your credit card company to obtain specific details of the cover offered.
13. TRAVEL DOCUMENTATION
Travel documentation (for example, booking confirmations, vouchers, itineraries, etc.) will not be issued until a completed and signed booking form and full payment with cleared funds is received. Where special, promotional or tour basing fares are used in your booking and tickets are issued by the airline itself, such tickets will normally be released at least two weeks before departure. Avoca’s general practice is to send documents to our Clients electronically whenever possible. We reserve the right to charge Clients an administration fee if we send Clients such documents in hard copy form, at the Client’s request. All travel documents are non-transferable. It is the Client’s responsibility to collect all paper travel documents prior to departure. All travel documents are valuable and should be safeguarded as if they were cash as it is not always possible to replace travel documents in the case of loss, theft, damage, etc.
14. PASSPORTS, VISAS & HEALTH
It is entirely the Client’s duty to ensure that all passports and visas are current, valid and obtained in good time along with any vaccinations, inoculations, prophylactics and the like, where required. Clients must reconfirm visa processing times with the issuing authorities before they book flights and have air tickets issued as they will be solely responsible for all costs related to change of reservations/reassurance/ administration fees for any changes subsequently requested.
Passports must have a minimum of three blank pages and be valid for at least 6 months / 9 months for certain countries such as India, after your return to South Africa. Please check the requirements online or with your travel consultant at the time of booking. Whilst Avoca may assist the Client with information, such assistance will be at Avoca’s discretion and the Client acknowledges that in doing so, Avoca assumes no obligation or liability and indemnifies Avoca against any consequences of non-compliance. In instances where visas are declined by the issuing authority, all visa fees are automatically forfeited and Avoca will retain all fees paid to direct service suppliers as well as its own operating expenses. Persons disregarding visa conditions and overstaying their visit will bear all costs, fines, and penalties raised by the respective state, Avoca Travels being exonerated of all liability. At the time of booking, passengers may be given a medical certificate that must be completed by a medical practitioner and returned with their booking form. Passengers aged 70 years and over or those with a pre-existing health condition or any medical dietary requirement must also submit a letter of fitness completed by their medical practitioner confirming they can undertake the demands of their tour unaided.
Children policies vary and depend on the destination / journey selected. Effective 01 June 2015, South African Immigration directives require all persons under 18 years of age to present an unabridged birth certificate at check-in, in addition to a valid passport and visas when entering, departing or transiting South Africa. Non-compliance will result in the persons concerned being denied boarding and declared ‘no shows’ by the airline and subject to all applicable penalties along with any accompanying adults who choose not to travel. This requirement will apply to minors of all nationalities whether traveling unaccompanied, with both parents, single parent or with other adults. Visit www.avocatravels.com for more information. Whilst Avoca may assist the Client with information, such assistance will be at Avoca’s discretion and the Client acknowledges that in doing so, Avoca assumes no obligation or liability and indemnifies Avoca against any consequences of non-compliance.
Minors traveling with only one parent shall present an authenticated statement of consent from the other parent. Minors traveling with adults other than their parents or legal guardians must present authenticated statements of consent from both parents. In cases of separated, divorced or deceased parents the Court Order entrusting the said minor to the accompanying parent / legal guardian or death certificate will be presented. Avoca, its employees or servants will not be responsible or liable in the event of any delays, loss, misdirection or theft of all travel documents and passports when using its messenger, the post office, document exchange or independent courier company for the delivery/collection of any travel documents/passports to/from our offices on behalf of the Client or their travel agent.
15. AMENDMENT FEES & CHANGES MADE BY THE CLIENT
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. Avoca’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Third Party Supplier. All requests for changes and amendments to confirmed bookings must be made in writing and signed by the Client. Any Client wishing to make a change to a booking will have to pay all charges imposed by the Third Party Suppliers providing the component that he/she would have us change. Fares will be re-quoted at the time of amendment and an administration fee per person is payable for each amendment and/or cancellation in addition to any cancellation and administration charges applicable to tickets, documents or vouchers submitted for refund or reissue.
Any changes to a confirmed booking requested less than 2 (two) weeks before departure will be treated as a cancellation of the Client’s original booking and will attract the applicable cancellation charges and any subsequent arrangements requested will be regarded as an entirely new booking. After departure, it is understood that extra expenses incurred as a result of any change will be for the Client’s account and any unused service will not be refunded. Amendments and cancellations requested whilst enroute may be made and paid for directly with the Third Party Supplier concerned. Avoca does not accept any requests for amendment/cancellation of hotel accommodation for trade fairs, special and sporting event bookings made within 30 (thirty) days of the date of arrival.
Should the Client cancel his / her booking for any reason, he/she must immediately notify Avoca of such cancellation in writing and the cancellation will take effect on the date that Avoca receives the said cancellation notice. Where the booking is for a package, the Client will be responsible for all cancellation charges of whatsoever nature imposed by the Third Party Suppliers of the component parts of such travel arrangements and the Client will be liable to pay the following cancellation charges: More than 60(sixty) days before departure – forfeiture of deposits paid. Between 30 (thirty) and 60 (sixty) days before departure – 50% (fifty percent) of the total tour cost. Less than 30 (thirty) days before departure -100% (one hundred percent) of the total tour cost.
Where the booking includes a Low-Cost Carrier or special fare, the relevant charges raised by the carrier will apply and in some circumstances maybe 100% (one hundred percent) of the total fare, regardless of when cancellation is effected. Trade fair, special and sporting event bookings carry 100% (one hundred percent) cancellation charges. Avoca will charge an administration fee per ticket for every request for refund and any monies that you have already paid to us will be retained as payment or part payment of any cancellation charges.
Avoca reserves the right to cancel any tour prior to departure due to insufficient numbers or any unforeseen circumstances beyond its control. If a tour is canceled due to circumstances such as, but not restricted to, severe weather conditions or force majeure (as defined in clause 11 above) Avoca will refund all monies except any cancellation fees levied by the Third Party Suppliers. Any decision made in respect of tour services by Third Party Suppliers to reroute or amend the itinerary due to any of the above or similar circumstances is at the sole discretion of the Third Party Supplier and Avoca shall not be liable for any claim whatsoever arising from such events.
Avoca shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honor the booking or reservation due to the death or hospitalization of the Client, provided the Client is the person ‘for whom, or for whose benefit the booking, reservation or order was made’(CPA clause 17).
The Third Party Suppliers may reserve the right to cancel any services prior to departure, in which event the Payment (less Avoca’s service fee) will be refunded by the Third Party Supplier to the Client without any further obligation on the part of Avoca. Avoca will charge an administration fee for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Third Party Supplier’s Conditions or the Sites. Third-Party Suppliers may charge cancellation fees over and above the cancellation fees charged by Avoca in terms of this Condition.
17. DELAYS & UNSCHEDULED EXTENSIONS
Avoca, its employees, and agents shall not be responsible and shall be exempt from all liability for any delays prior to departure from your point of origin in South Africa or during the course of any tour brought about by ‘force majeure’ (as defined in clause 10 above). It is understood that all expenses relating to any such unscheduled extensions such as, but not restricted to, hotel accommodation, airfares, taxi fares, meals, telephone calls, etc. will be borne by the client who may refer to his/her respective travel insurance policy purchased for possible compensation.
18. ITINERARY VARIATIONS
Avoca reserves the right to cancel any tour prior to departure due to insufficient participants or any unforeseen circumstances beyond its control. While every effort is made to keep to the final itinerary, Avoca and the Third Party Suppliers reserve the right to make changes intended for the Client’s convenience, for example in some cases, weather conditions or other unforeseen circumstances can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and Avoca shall not be held liable for any such variations. Moreover, we disclaim all liability where the performance of our contractual obligations is prevented or affected as a result of “force majeure” – meaning any disruptive condition or event which we or our third-party suppliers of the services in question could not, even with all due care, foresee or avoid, including adverse weather conditions or any other circumstances that are beyond our control.
However where there is a significant change to travel arrangements such as a change in the departure date from South Africa; where the flight times are changed by more than 12(twelve) hours or a change to a lower standard of accommodation to that which is booked. In these instances of significant changes to travel arrangements, Avoca undertakes to advise the Client thereof as soon as reasonably possible before his/her departure date to obtain further instructions in this regard.
All other changes are minor changes. A minor change can be made at any time and, if practicable, we will advise the Client of any such change prior to departure but are not obliged to do so. Such minor changes may be made by Avoca at its discretion without being responsible or liable for the payment of compensation to the Client as a result of such minor changes. In instances when any travel component is confirmed by Avoca and subsequently canceled by the Third Party Supplier for whatever reason, Avoca will accept no liability for the said cancellation.
19. COMPLAINTS PROCEDURE
Should the Client not be satisfied or experience problems with any aspect of their arrangements whilst on tour, the Client must immediately inform the Third Party Supplier of the services in question, who will normally take appropriate action to resolve the issue at the time. If the Client is still dissatisfied, he/she must contact Avoca on +2731 2020 370 or email the Customer Services Manager at firstname.lastname@example.org to enable us to resolve the problem. Failure to give Avoca the opportunity to resolve any problem at the time it occurs may result in a reduction of the Client’s rights under their contract.
If the Client remains dissatisfied upon return, he/she should email the Customer Services Manager within 28 (twenty-eight) days of the date of the unsatisfactory service. The Client’s correspondence should include their booking reference, full details of the complaint, all relevant receipts and substantiating evidence. Kindly note that in dealing with a complaint, Avoca / Third Party Supplier does so without prejudice and does not imply any fault of any kind on the part of either aforesaid party. Whilst Avoca will use its best efforts to resolve the complaint to the Client’s satisfaction, it is specifically recorded that Avoca in no way accepts liability for any claim.
20. SPECIAL, HEALTH & MEDICAL REQUIREMENTS
Travellers needing special assistance must report any disability requiring special attention to Avoca at the time the reservation is made. Avoca will make reasonable efforts to accommodate the special needs of tour participants. Such participants, however, should be aware that facilities outside South Africa for disabled individuals are limited. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and totally responsible for providing assistance. Neither Avoca nor its personnel, nor its suppliers, may physically lift or assist clients into transportation vehicles or provide special individual assistance to tour members with special needs for walking, dining or other routine activities.
Clients who have special requirements must specify such requests in writing to Avoca at the time of booking. Specific meals and seats (subject to fare rules) may be requested; however, this is never guaranteed and Avoca cannot be held liable for the incorrect meal or seat allocations as it is the sole responsibility of the third party supplier to honor the client’s requests. Check with your travel doctor which vaccinations, inoculations, prophylactics (e.g. for malaria) and the like are required by the country you are visiting, also check on the relevant website whether you may leave the airport at stopovers in countries enroute to your final destination.
21. SOLE RECORD OF AGREEMENT AND AMENDMENTS
This document together with Avoca’s booking form, invoice and itinerary constitute the sole record of the agreement between the parties. No party shall be bound by any representation, warranty and promise of the like not recorded herein. The Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Avoca or otherwise that is not included herein. No addition to the Conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties. 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 authorized representative of Avoca.
NO REFUNDS will be considered in any circumstances whatsoever by Avoca if the Client has not purchased the “Cancellation and Curtailment Policy” at the time of making the booking. Refunds by the Third Party Suppliers will be subject to their respective terms and conditions. Avoca will charge an administration fee for processing a request for refund. Third-Party Suppliers may charge refund fees over and above those stated here.
Cancellation or amendment of any hotel accommodation enroute can only be made directly with Avoca’s Third Party Suppliers. Proof of cancellation must be substantiated in writing and should include details such as date, time, mobile number, email address and name of staff who handled your cancellation request, the reason for cancellation and the cancellation number. Claims must be received in writing by Avoca along with the original vouchers within 28 (twenty-eight) days of the services in question. Subject to any additional charges levied by Third Party Suppliers, any refund will attract a minimum charge of the cost or the first night’s accommodation in each city, whichever is the greater. All correspondence pertaining to refund claims should be emailed to the Customer Services Manager at email@example.com for assessment. Where due, Avoca will make refund payments within fourteen working days of claim resolution.
More specifically no refunds will be considered for any of the following reasons: no-shows or any unused services irrespective of whether they form part of the tour or in respect of pre-booked optional arrangements; partially unused car rentals, apartment reservations or package tour components. Unused hotel accommodation, missed breakfast, hotel services or airport transfers especially during group tours, trade fair, special and sporting event periods. Leaving a tour for any reason after the tour has begun; delays and/or cancellation of special and sporting events and trade fairs due to ‘force majeure, weather conditions or circumstances beyond Avoca’s control.
23. FOREIGN EXCHANGE REGULATION COMPLIANCE
Foreign Exchange Regulation Compliance is the Client’s exclusive duty. This will apply especially when the Client instructs Avoca to make and pay for travel arrangements on the Internet. It is the responsibility of each individual passenger to ensure that he/she does not exceed the R1 (one) million per the calendar year Individual’s Single Discretionary Allowance. It is imperative that Passengers are able to show any customs official that they purchased the foreign exchange they are carrying, failing which it may be confiscated.
24. INTERNET BOOKINGS REQUESTED BY THE CLIENT
If the Client requests or instructs Avoca to effect bookings via the Internet, the Client irrevocably authorizes Avoca to do the following on its behalf: make any selections of and for the proposed travel arrangements, inform the Client of the prices attached to the proposed travel arrangements prior to confirming the booking and, make payment for such booking and ancillary services.
25. LAW & JURISDICTION
These Conditions shall be governed by the laws of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Avoca. Avoca 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.
Subject to statutory constraints or compliance with an order of a court, Avoca undertakes to deal with all Client information of a personal nature on a strictly confidential basis and in compliance with the Protection of Personal Information Act, Act 4 of 2013.
28. RECONFIRMATION OF TRAVEL ARRANGEMENTS
All onward travel arrangements (local, international and on return to RSA, domestic connecting flights) must be reconfirmed by the client at least 72 (seventy-two) hours prior to departure. Clients may log in to www. checkmytrip.com to check if any schedule changes to onward flights are made by the airline.
29. CAR & VEHICLE HIRE
These contracts (‘Car Hire T&C’) are onerous & include absolute, no-fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you don’t understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C and/or advise the car hire consultant to confirm the booking/car hire request. Please note that you will be liable for all traffic fines and toll fees. We strongly recommend you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Note that the Car Hire T&C shall constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C. The vehicle must be returned, upon completion of the rental, with a full tank of fuel. Failing which, the car hire company will refuel the vehicle and the client will be responsible for this charge which will be billed to the client directly and where applicable, the client’s credit card will be debited automatically.
30. DISPUTE RESOLUTION
Any and all disputes arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:
1. Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party-appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failure to resolve the matter amicably and the mediation itself must take place within a further 5 (five) days from the date the mediator is appointed.
Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Durban within 2(two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules.
The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations related to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
31. CONSULAR ADVICE
Avoca makes no representations as to the safety and security, prevailing conditions or other issues that may exist at any destination. Client’s enquiries with regard to local issues and prevailing conditions at the intended destinations should be made prior to making a booking. Advice may be obtained from local governments, local consular offices and the official websites of the relevant foreign affairs/governmental departments concerned. Avoca recommends that the Client review information provided by the South African Department of International Relations and Cooperation prior to making a booking by visiting their website www.dirco.gov.za for the latest information. Avoca strongly recommends that the Client familiarize himself/herself with the latest Government Consular advice and information regarding the destinations he/she intends to visit. It is advised that the Client registers his/her details prior to departure on the Registration of South Africans Abroad website.
The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by Avoca shall remain the sole and exclusive property of Avoca. The Client furthermore undertakes not to circumvent Avoca and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by Avoca with any of the Third Party Suppliers or any other service providers or venues for a period of 1 (one) year from the date of submission of any proposals, presentations, estimates and quotes provided by Avoca.
Addendum Avoca Travels COVID-19 Policy
As an Addendum to Avoca Travels standard booking terms and conditions, these COVID -19 specific terms and conditions will remain in place until such time that the World Health Organisation declares the pandemic over or, restrictions impacting outbound travel, in particular to countries with travel advisories in place, are lifted altogether. Once these specific conditions are removed, Avoca’s standard booking terms and conditions will apply to all bookings still to travel or made under the auspices of the said COVID -19 terms and conditions.
- Confirmed Bookings For Travel From 31 March To 31 July 2020
In order to accommodate this recognised Global Force Majeure event, and the resultant worldwide travel restrictions, we have amended our standard terms to allow guests to postpone travel in some cases, up to a year after the original travel date and carry forward up to 100% of the booking’s value* held in credit to the future booking. Should a Customer elect to cancel the booking, then our standard cancellation policy applies. We are communicating with all affected Customers and trade partners to advise them on government restrictions on travel.
- Confirmed Bookings For Travel After 01 August 2020
Given the rapid change and fluidity of global events, we recommend that guests wait until at least 15 June 2020 to make a decision to postpone or continue travel after 01 August 2020. Should guests elect to cancel or postpone their booking prior to 15 June 2020, then Avoca Travels standard terms and conditions apply.
Should the same global conditions and varying worldwide travel restrictions still exist at 15 June 2020, then guests may consider postponing their bookings, for travel up to a year after the original travel date and carry forward the booking’s value* held in credit to the future booking.
* Booking Value
- The booking value carried forward and held in credit will be calculated as the full funds received on the booking, less any government mandated, regulatory imposed, or non – Avoca Travels owned or operated services, which have not matched our terms and conditions.
- At the time of deferment, we will clearly communicate what costs are not recoverable and deducted from the credit that can be used on the future booking.
- We continue to engage with our local and global partners to align with our / their COVID -19 Specific Terms and Conditions.
- Should the future booking be for travel in a different season, or availability of services means that the costs of the logistics, activities, or accommodation has increased, the Customer will be liable for the difference in costs associated with the new trip.
- Thinking about Cancelling Your Booking?
Electing to cancel a booking based on the current level of uncertainty is understandable. However, our advice to guests is not to do so. Most travel and tour operators globally are electing to impose their normal terms and conditions in this event which may result in any deposits or monies paid being unrecoverable. At this time, deferral remains the best outcome to ensure that monies paid* are retained as a credit for future use.
Should a booking be deferred now, and then be cancelled later, Avoca Travels will assess the cancellation restrictions against the original dates and revised dates of all services provided in conjunction with our partners and the greater of the two shall apply. Please note that the cancellation terms and conditions of our partners and how they are applied, remain at that partner’s sole discretion. Should you be unsure how this applies to your booking please speak with your travel specialist.
- Airline Rebookings and Refunds
The airline industry has complicated rules on how air fares, rebookings and refunds are applied and explaining all of that often proves confusing and frustrating to customers. Given COVID’s devastating impact on the travel and airline industry, most airlines have adopted varying and flexible re-accommodation policies ranging from the extension of ticket validity, to the issuance of travel vouchers and the processing of refunds, which could take months to resolve. The COVID -19 pandemic is unprecedented for everyone, and we’d like to thank our valued customers for their patience and understanding as we work with our airline partners to ensure that all rebooking / refund applications are processed efficiently in a customer-friendly way that’s also in line with the various airline policies.
- Travel Insurance
As flexible as Avoca Travels is being in relation to future travel, we strongly recommend that Customers purchase comprehensive travel insurance cover; including “cancel for any reason” (where still available) to ensure any funds lost can be recovered.
- Who to Contact Should You be affected by a Country’s Travel Restrictions?
All South African citizens who are affected by a travel restriction, should contact the South African Mission or Consulate in the respective visited country, to inform them of their presence. All non-South African citizens affected by a travel restriction, should contact their respective Country’s Mission or Consulate, to inform them of their presence, in the visited country.
Unless otherwise specified, these COVID -19 Specific Terms and Conditions are valid for FIT travel and exclude all pre-negotiated Group or Series travel. Any variations from these Specific Terms and Conditions are at Avoca Travel’s discretion. Avoca Travels reserves the right to amend or withdraw these terms and conditions without prior notice. For any enquiries please email the service manager at firstname.lastname@example.org
ADDENDUM BOOKING TERMS & CONDITIONS
1. AIRLINE INFORMATION
Airlines featured in Avoca’s brochure, website and other media do not, by virtue of their endorsement, represent themselves either as contracting with any purchaser of a package tour from Avoca or as having any legal relationship with such a purchaser. Air tickets issued on behalf of the Client shall constitute the sole contract between the Client and the issuing airline. Inclusive Tour & Low-Cost Carrier airfares are used in our package tours and frequent flyer upgrades and the accrual/redemption of frequent flyer miles/points are not possible on our packaged tours. Low-Cost Carriers do not provide inflight meals. Unless otherwise specified in the air ticket, the economy class passenger’s single checked bag should not exceed 23 kg in mass and the unchecked bag 7 kg in mass.
2. AIRTICKETS, VOUCHERS AND ITINERARIES
It is the Client’s exclusive duty to ensure that he/she is in possession of all relevant travel documents prior to commencing with his/her travels. For example, the Client must be ready to show his/her passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation. Certain airlines require the physical credit card used to make a payment, to be presented at check-in or a copy of the credit card and the Cardholders ID, in addition to the above-mentioned documents. The requirement to have a valid passport or identity document will apply to all members of a traveling party including minors who will also have to produce an Unabridged Birth Certificate. Please note that airlines may refuse to board even if you have a valid visa.
It is important that the Client checks all details on the air tickets, vouchers, and itinerary upon receipt before leaving South Africa. In the event of any inaccuracy or further queries, the Client should contact Avoca immediately. Avoca will not be liable for any delay and/or loss occasioned as a result of any inaccuracies on any travel documents discovered after the Client’s departure from South Africa. The Avoca voucher is an official document that serves as both a confirmation and exchange document for the arrangements the Client has purchased. The Client will be required to present it to the Third Party Supplier for the provision of the services mentioned therein. Vouchers are valid for the dates and services mentioned only and are non-refundable and non-transferable.
The Third Party Supplier has no authority to refund any monies paid or grant any authority to claim a refund from Avoca for lost or unused vouchers, transportation tickets, car rental and/or tour package components. Clients who have lost or mislaid their vouchers or are unable to present them upon request will be obliged to pay the Third Party Supplier directly for the provision of services. Clients who may require upgraded and/or optional services not stipulated in the voucher must pay the service provider directly for the said services upon request.
3. AIR BOOKINGS
Avoca will use its best efforts to ensure that all airfares are correct at the time they are quoted. Taxes fluctuate constantly and the airfare can only be guaranteed when the air booking has been paid for in full and the ticket has been issued. Full payment is required immediately upon confirmation when advance/instant purchase, special/promotional, low-cost carrier and inclusive tour airfares are used in conjunction with land arrangements and are subject to special conditions, restrictions, and penalties as stipulated by the issuing airline.
At the time of booking, you must provide Avoca with full names as they appear in your passport along with your email address and mobile number that you will have access to whilst enroute. Airlines do not permit name changes for any reason and any such changes are likely to result in your being charged the full cost of the airfare. New reservations will be subject to all applicable penalties and seat availability. Air bookings are not transferable and airlines reserve the right to amend or withdraw any airfare without prior notice. If the Client requests flight changes or cancels flights after the air tickets are issued, revision fees, change of reservation fees and/or airline cancellation fees will apply and may be in addition to cancellation charges mentioned in paragraph 15 (fifteen) above. If Avoca is unable to confirm your air booking in the airline’s scheduled class of service it may offer the next higher fare class that is available. Group bookings and ticketing are controlled directly by the issuing airline and such tickets will normally be released at least two weeks before departure. Service fees are levied to cover the costs incurred by Avoca to book and service your reservation.
Names, Surnames & Gender – it is an IATA (International Air Transport Association) requirement that all air tickets should correctly reflect the full first name, initials, surname, and gender of the passenger and, these should be spelt in the exact same way as the first name, initials and surname on the passports or identity documents. The onus is on the passenger to check that the first names, surnames, and gender appearing on the Avoca’s confirmation form are correct and, must be checked prior to air tickets being issued. Once the air tickets have been issued, no changes can be made and in case of incorrect first name, surname and/or gender the tickets will have to be refunded and new tickets issued. Refunded tickets are all subject to Third Party Supplier penalties for cancellation and Avoca’s administration fees.
Pre-Assigned Seats – Preassigned seats CANNOT be guaranteed due to inter-alia, aircraft configuration changes, schedule changes, etc. and are always subject to the airline’s discretion. In some cases, seats can only be pre-booked online and each airline has its own rules regarding the time limit placed on pre-booking of pre-assigned seats. In other cases, the pre-assigned seats can only be held once reconfirmation of the booking takes place online, and in specific time frames determined by the airline. It is therefore solely the Client’s responsibility to ensure that he/she has checked on the website of the relevant airline for further information in this regard and has followed the correct procedure. Similarly advice to the Client regarding the seat, for example, recline of seat, leg-room space, etc. can only be provided based on the information currently available to us.
In a departure from how the booking process had generally worked in the past, preassigned seats are now no longer a given with every seat purchase. Basic airfares no longer include preboarding seat assignment and airlines now charge passengers more money for tickets with confirmed preassigned seats. This approach to pricing for “preferred” seating options apply to the location in cabin, window, aisle and emergency row seats. While most airlines still have options for travelers who don’t wish to pay more for seat assignments, these are considered basic economy fares where a passenger would purchase a ticket that gets him or her on the plane, then get a seat assignment upon check-in or at the gate before boarding. The upside to this approach is lower fares; the downsides – checked / cabin baggage restrictions and no guarantees as to which part of the economy cabin you’ll sit. Basic economy fares work for budget-minded travelers but not for travelers with specific seat preferences or families with young children and though some airlines will attempt to seat you next to your child at no additional charge, this depends on seat availability at the time of check-in and is never guaranteed. Tickets with seat assignments to eliminate this uncertainty could cost anything between ninety to nine hundred rands or more than the most basic fares available. Passengers who are not inclined to pay more for preassigned seating but need to be seated together should check-in online or as soon as the check-in counters open.
Airline Overbookings – Avoca is not responsible for overbooking by airlines resulting in the passenger/s being denied boarding. In the case of denied boarding it is the airline’s responsibility to re-route / re-book the passenger/s on alternative flights and if required, to provide the passenger/s with compensation. The new flight arrangements should be made by the passenger/s directly with the airline at the time of check-in.
4. AIRPORT AND ONLINE CHECK-IN
Airline check-in counters close approximately sixty minutes prior to flight departure. Allow a minimum check-in time of at least three hours for international flights and ninety minutes for domestic flights. Boarding gates close twenty minutes prior to flight departure and are usually a considerable distance away from the check-in area. Passengers are advised to check in early, clear security and immigration and report to their correct boarding gate at least forty five minutes before flight departure.
Many airlines are now recommending the use of online check-in. This can be done up to 24 hours prior to departure but it varies from airline to airline. It is advisable to check online with the airline directly. Online check-in reduces airport check-in time and will allow the passenger to reconfirm his/her assigned seat and, if a seat has not been assigned (depending on the airline), it will allow pre-assignment of the seat.
Avoca can if requested to do so in writing (e-mail will suffice) by the Client, arrange for the Client to be checked-in online subject to the following conditions:
• Avoca does so as the agent of the Client subject to these terms and conditions and the terms and conditions of the airline concerned
• All information supplied by the Client to be checked-in must be accurate and as reflected on their passports or identity documents, as the case may be
• The selection of seating will be in the exclusive discretion of Avoca unless specific seating has been requested in writing (but see paragraph 18 on ‘Special Requirements’)
• However, Avoca cannot guarantee that any specified seating will be secured and the final allocation of seating in the final resort is entirely in the discretion of the airline
• Accordingly the Client will have no claim whatsoever against Avoca if the requested seats or seating configuration is not allocated by the airline
It remains the exclusive duty of the Client to:
Monitor and reconfirm flight times and to arrive at the airport timeously;
Advise the airline if they are delayed or will not be flying (if Avoca has been tasked with the return on-line check-in, they must also be advised and the failure to do so will release Avoca from any liability whatsoever)
Ensure that any checked and carry-on/hand luggage comply with the terms and conditions of the airline concerned
The Client further accepts that Avoca will raise a professional fee for undertaking to carry out this service on behalf of the Client. Please refer to our list of professional fees which are available on request. The fee is payable prior to departure of the first flight and is non-refundable.
5. TRANSPORTATION, FLIGHT SCHEDULES & RECONFIRMATIONS
Flight schedules as provided by airlines are subject to civil aviation and air traffic control regulations. Scheduled timings for all means of transportation are subject to traffic congestion, adverse weather, road, rail and sea conditions, the need for routine maintenance and the ability of passengers to check-in on time. There is, therefore, no guarantee that flights, coaches, trains, ferries or ships will depart at the times stated on any itinerary, voucher or tickets that you receive. All timings are provisional estimates and Avoca accepts no liability for any delays and/or schedule changes howsoever arising. AIRLINE DELAYS & CANCELLED FLIGHTS – Avoca is not responsible for delays in departure or landing and/or canceled flights caused by airlines either in South Africa or elsewhere, whether due to adverse weather conditions or due to technical reasons or other reasons. If these delays should occur, it will be the airline’s responsibility to re-route/re-book the passenger on alternative flights (if possible), and/or to provide the passenger with compensation, and/or accommodation, etc. if it falls within the passenger’s rights as per the airline’s terms and conditions, and/or cost of air ticket purchased by the passenger. The new flight arrangements should be made by the passenger/s directly with the airline, and any claims arising from the inconvenience caused by the airline to the passenger due to the delay and/or canceled the flight etc. should be made by the passenger directly with the airline concerned. If the passenger requires Avoca to act on his/her behalf in his/her claim then this will be undertaken by Avoca without prejudice and a fee will be charged and this will be determined and advised to the passenger at the time of initiating representation.
MISSED FLIGHTS – Avoca is not responsible if a passenger misses a flight/s and/or connection/s due to inter alia flight delays, tardy check-in, non-timeous boarding of flight by the passenger, misinterpretations of flight announcement by the passenger or lack of announcement by the airline, etc. in South Africa or elsewhere. It is the full responsibility of the passenger to ensure that he/she checks in for the flight/connecting flight on time and that he/she reports to the boarding gate on time and as per instructions on the boarding pass. In case of missed flight due to inter alia late check-in or late reporting at the boarding gate, Avoca will endeavor to assist the passenger with further flight arrangements, however a charge will be raised for this assistance, and this will be advised to the client at the time and will be dependent on the amount of time it will take the travel consultant to render the assistance. After hours fees will apply. The charges will apply whether the consultant is successful in assisting the passenger or not with a suitable alternative to the missed flight/connection. PLEASE NOTE that in most airports/lounges no boarding announcements are made and the latter may be limited to an electronic display.
RECONFIRMATION OF FLIGHTS – It is the Client’s responsibility to ensure that he/she reconfirms the departure date and times of all his/her flights at least 72 hours prior to their departure. Failure to do so may result in the cancellation of the Client’s reservation. This is particularly important in respect of onward flights after leaving South Africa. Avoca will not be responsible or liable for any delay and/or loss as a result of your failure to reconfirm any flight and/or connecting flight.
6. AIRLINE REFUND PROCEDURES
Airline refund policies vary and refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by Avoca. All air tickets returned to Avoca for a refund will be submitted to the issuing airline for assessment subject to the payment of an administration fee per ticket. Should a refund be authorized, such refund will be made to the Client, less any cancellation or administration charges levied by the airline. If the air ticket was paid for by credit card, Avoca’s administration fee per ticket is payable prior to submission of the refund application because the issuing airline will pay any refund due, directly into the Cardholder’s account. Air tickets bought for cash will be refunded via EFT- Electronic Funds Transfer by Avoca less the administration fee. Partly used tickets will be refunded at less than the pro-rata rate on the face value of such ticket. Unused air tickets not submitted for a refund – international within one year & domestic within six months from the date of issue will be regarded as expired by the airline and have no refund value.
REFUSED ENTRY / REFUSED BOARDING / REFUSED VISA – Avoca cannot be held responsible if any client is refused entry into any country or refused to board of any aircraft, or refused a visa following an application, for whatever reason including but not limited to incorrect visa/passport documents, security reasons, etc. Any expenses incurred or consequence of with regard to refused entry/refused boarding, refused visa will be borne solely by the Client.
REFUNDS OF AIR TICKET DUE TO REFUSED ENTRY / REFUSED BOARDING / CANCELLATION OF AIR BOOKING DUE TO SECURITY REASONS / REFUSED VISA – Whilst Avoca will assist the Client to obtain any refund on unused ticket/s which may be due to the Client, the refund amount (if any) will be subject to the terms and conditions of the airline concerned and to a professional fee which will be charged by Avoca. Furthermore, there is no guarantee that the application for a refund will be successful even in the case of refused entry in a country, refused boarding on an aircraft, cancellation of an air booking resulting in refused entry into a country due to security reasons or a refused visa.
UNUSED TICKETS/FLIGHT COUPONS – It is the responsibility of the passenger/s to apply to Avoca for a refund of their unused tickets or partially used tickets at least three weeks prior to their expiry which is as follows:
• 364 days from the date of their issuance for international tickets i.e. tickets that are issued to or from destinations which are over the South African borders e.g. Johannesburg / Maseru, Johannesburg / London , London / New York, New York / Johannesburg etc.
• 178 days from the date of their issuance for internal South African domestic tickets e.g. Johannesburg / Cape Town
There are exceptions to the above, therefore Avoca would require that the Client enquires from Avoca on the exact rule pertaining to his/her ticket as soon as he/she is aware that the flight/s booked have not been used.
• Internet bookings – these are normally valid only for the dates of travel for which they have been booked, and therefore if travel does not occur as booked, the Client must immediately communicate with Avoca’s consultant with a view to checking on what can be done (if anything) to extend the validity of the booking. The onus will remain with the Client to ensure that if an extension has been made to the internet booking that he/she contacts Avoca timeously to ensure that the new booking is honored. Avoca does not guarantee under any circumstances that any request for a refund or extension will be successful.
7. LOST / MISLAID BAGGAGE
Passengers should ensure that all baggage is securely locked or wrapped, labeled with name, address and contact details and that no valuables are contained in their checked luggage. In the case of baggage delay or loss of baggage, the claim should be made directly with the airline ground staff at the airport immediately upon arrival on discovering that baggage is missing or that the baggage has been tampered with. The claim number should be used each time an enquiry is made by the passenger with the airline with regard to the delayed, missing or tampered baggage and with regard to any potential monetary claims that could arise. If the loss or damage is discovered after the passenger has left the airport, the airline should be contacted as soon as possible and the claim made directly with the airline official, although the airline may not entertain the claim. If Avoca is asked to assist with the follow up with the claim, Avoca shall do so without prejudice and a professional fee will be charged which will be advised at the time of initiating the assistance.
8. FREQUENT FLYER MILES
Whilst every effort will be made by the Company to ensure that the relevant frequent flyer membership numbers appear in the flight booking reservation, the responsibility to ensure that miles are updated or credited to the frequent flyer membership/loyalty program lies with the passenger. The membership number/card should be displayed by the passenger at check-in, and all boarding passes should be retained as proof of travel. The Airlines cannot update or credit missing miles on the loyalty programs unless the original boarding passes are provided by the passenger. A professional fee is charged if the passenger requests Avoca to submit boarding passes to the airline/s in order to update or credit the passenger’s frequent flyer membership.
9. LOYALTY MEMBERSHIPS
It is the responsibility of the Client to check on the expiry of his/her miles and/or hotel award program, etc. It is also the responsibility of the Client to check and remain updated on any changes on and the latest status of the rules of any loyalty programs. All documents that display proof credit/accumulation of the award program benefits etc. for example, hotel invoices, car rental invoices must be retained as proof as these are the forms of documents that are acceptable to update or credit missing benefits/miles, etc.
10. HOTEL INFORMATION
Hotel descriptions featured are based on current hotel guides and contractual agreements provided by suppliers and any facilities described are subject to change at any time. Maps and photographs are included for general information only and may not necessarily reflect actual routings, location or services. Hotel room photographs may not be specific to the actual room occupied. Avoca has made reasonable enquiries to verify that the descriptions and details are accurate but does not warrant that they are. Hotels are graded by the National Tourism Authority of the country concerned. Hotel standards, facilities, and room sizes vary globally and hotels or resorts in one city cannot be compared directly with those in another city.
Unless otherwise specified, all prices quoted are per person share twin and cover “run of the house” standard room accommodation whereby the room type will be assigned by the hotel receptionist subject to availability at the time of check-in. Any issues related to the placement or aspect of the room shall be resolved by the Client directly at the front desk with the assistance of the local supplier. Client’s traveling alone cannot purchase share twin accommodation and a single supplement surcharge will be payable for a single room/any extra beds arranged. Most hotels do not have dedicated triple rooms and extra beds are normally the roll away type temporarily installed in a twin room and may compromise comfort due to room size and layout. Special requests such as a baby cot, room location or type, a particular facility or view at a hotel are not guaranteed and can be offered on a request only basis and subject to availability at the time of check-in. Avoca will not be responsible if the requests cannot be satisfied or confirmed.
Check-in and check-out times vary globally with the norm being between 12h00 and 15h00 for check-in on the day of arrival and between 10h00 and 12h00 for check-out with no guarantees for early check-in/late check-out unless paid for. Hotels reserve the right to charge for periods when the room is occupied before the normal check-in time and after the normal check-out time. For the Client’s comfort and convenience Avoca recommends that when booking the number of nights the Client intends to stay, he/she considers whether this covers his/her early arrival/late check-out, neither of which is covered by the tour price. Upon check-in, hotel staff will request an imprint of the Client’s credit card or a cash deposit for any optional in house services not included in the tour price e.g. mini-bar, laundry, telephone, etc. Upon checking out the Client may settle the bill for any extras or have the canceled voucher returned if there are none.
Hotels undergo periodic maintenance from time to time and take all possible steps to limit noise, disruption, and inconvenience to their guests. Avoca will not entertain complaints or requests for refunds if a hotel is undergoing maintenance whilst a guest is a resident. Dates may be provided if Avoca is specifically advised, however; it is important to remember that these dates are subject to change and Avoca is not always notified. Any accommodation arranged for the Client must only be used by those people named on the Client’s confirmation invoice or voucher. Clients are not allowed to share the accommodation or let anyone else stay there. Clients are responsible for the cost of any damage caused to their accommodation or its contents during their stay. These charges must be met by the Client and may have to be paid locally.
The imposition of tourism/hospitality/ other levies by governments and tourism authorities to fund new tourism projects and upgrade existing infrastructure to enhance the visitor’s overall experience is a growing trend globally. Levies are based either on nightly room occupancy or per person per night and rates vary with hotel category and destination. Certain resorts and hotels may levy a nightly resort charge to all reservations that include access to all resort amenities such as internet access, fitness center, spa, golf driving range, etc. All such tourism levies/fees/ charges are never included in the room rate and your package price as they are payable directly to the hotel/resort on the spot by the guest in local currency upon check out / in. The Client may address any levy related queries directly with the hotel.
11. GENERAL INFORMATION
Avoca will advise the Client of all mandatory taxes, which he/she must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that the Client retains sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when reconfirming his/her flight details.
Avoca can pass on any special requests that the Client may wish to make at the time of booking, however, the acceptance of such requests is at the discretion of the Third Party Supplier and under no circumstances are special requests guaranteed. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on the Client’s confirmation invoice or any other documentation, is not confirmation that the request will indeed be met.
If the Client or any member of his/her party have any medical problems or disability which may affect their holiday, the Client needs to give Avoca full details in writing at the time of booking. If Avoca reasonably feels unable to properly accommodate the particular needs of the person concerned, it reserves the right to decline their reservation. Avoca further reserves the right to cancel the reservation should it become aware of any such medical problem or disability that was not disclosed at the time of booking.
Any changes made to the Client’s credit card whilst abroad are entirely his/her responsibility. Avoca will not be responsible, nor accept responsibility for having these charges reversed or rectified upon his/her return to South Africa. If the Client intends to drive a rental car abroad; he/she will require a valid South African driver’s license, an international driver’s license and his/her credit card.
12. CONDUCT WHILST TRAVELLING
The Client agrees that he/she will at all times comply with the requirements of Avoca or the person in authority in regard to his/her conduct. Avoca reserves the right to refuse to accept the Client as a customer or continue dealing with him/her if Avoca, or the person in authority, believes his/her behavior is disruptive, threatening or abusive and causes unnecessary inconvenience or if he/she damages property, upsets, annoys, disturbs or puts any other travellers / staff / agents in South Africa or abroad in any risk or danger, via the telephone, in writing or in person. If the Client is disruptive and prevented from boarding his/her outbound flight in South Africa, Avoca will treat his/her booking as canceled by him/her from that moment and he/she will have to pay full cancellation charges. If this occurs overseas then he/she will become responsible for his/her own return home and any other members of his/her group who cannot or will not travel without him/her. Avoca will not be liable for any refund or compensation or any costs or expenses that the Client may incur.
If the captain of the Client’s flight or cruise vessel or any of Avoca’s agents or hotel staff believes that the Client could be disruptive or that he/she is suffering from a contagious disease, they can also refuse to let the Client proceeds with his/her travel arrangements, restrict his/her movements on board, disembark him/her from an aircraft or vessel or remove him/her from his/her accommodation or excursion. If the Client is refused carriage because of his/her behavior or he/she is under the influence of alcohol or drugs, the air/cruise line may pass on his/her details and date of the refusal of carriage to other air /cruise lines for their information. This in turn may make it difficult for him/her to book other air/cruise line tickets.
In any of these circumstances, no refunds or compensation will be paid to the Client and Avoca may make a claim against him/her for any damages, costs and expenses, including legal expenses incurred as a result of his/her behaviour including but not limited to (i) repairing or replacing property lost, damaged or destroyed by him/her, (ii) compensating any passenger, crew, staff or agent affected by his/her actions and (iii) diverting the aircraft for the purpose of removing him/her from the aircraft. Criminal proceedings may also be instigated. For the purposes of this section refers to “he/she”, “him/her”, and “his/her” includes any other person in the Client’s Party.
13. WEBSITE, BROCHURE, INFORMATION, DOCUMENT & BILLING ACCURACY
Whilst every effort is made to ensure website, brochure, information, document and billing accuracy at the time of publishing, Avoca is not responsible for omissions, printing and/or typographical errors in their website, brochures, correspondence or invoices or in any other media where such information may be presented and reserves the right to make corrections as required. In the case of computer or human billing errors, Avoca reserves the right to re-invoice the Client with the correct billing and further reserves the right to cancel the booking if the Client does not wish to accept the price which is actually applicable to the holiday in which case, the Client will be given the choice to amend the booking to an alternative holiday at the correct price. Clients are requested to check the details on their invoice upon receipt and inform Avoca immediately in the event of an error or discrepancy. The terms and conditions listed are those in effect at the time of printing and remain in effect until.
Ours are active holidays. Walking, stair-climbing and standing around for lengthy periods are unavoidable aspects of every tour. They should not present problems for anyone of normal fitness but they are not suitable for those who are slow, need support or are low on stamina.
On many tours, there is a lot of walking on streets that may be steep or poorly paved. On others, you may need to scramble over fallen masonry and very uneven ground. More usually it is just a case of moving from one place to another, and getting on and off coaches several times a day. Tours do vary. Please refer to the ‘How strenuous?’ a paragraph in each tour description.
The tours are also group events. The presence of even one person who is not fit enough to cope can spoil the experience for everyone else
If you have a medical condition or a disability which may affect your holiday or necessitate special arrangements being made for you, please discuss these with us before booking – or, if the condition develops or changes subsequently, as soon as possible before departure
We, therefore, ask people wishing to join a tour to take the quick and simple self-assessment tests described here to ascertain whether they have an adequate level of fitness. By signing the booking form you are stating that you have passed these tests. (It is not necessary to take the tests to attend our music weekends and symposia in the UK.) If during the tour it transpires you are not adequately fit, you may be asked to opt-out of certain visits or invited to leave the tour altogether. This would be at your own expense.
1. Chair stands. Sit in a dining chair, with arms folded and hands-on opposite shoulders. Stand up and sit down at least eight times in thirty seconds.
2. Step test. Mark a wall at a height that is halfway between your knee and your hip bone. Raise each knee in turn to the mark at least sixty times in two minutes.
3. Agility test. Place an object 3 yards from the edge of a chair, sit, and record the time it takes to stand up, walk to the object and sit back down. You should be able to do this in under seven seconds.
An additional indication of the fitness required, though we are not asking you to measure this, is that you should be able to walk unaided at a pace of three miles per hour for at least half an hour at a time and to stand unsupported for at least fifteen minutes.
Tours which are billed as walking tours require a different scale of fitness and agility. You should be used to country walking and have a good level of fitness and balance. There are ascents and descents, climbs over stiles and terrain which can be uneven, loose, slippery or muddy. Appropriate footwear and clothing are essential. Only in weather conditions which are so extreme as to be dangerous would a walk be canceled.
To help you make an informed decision each tour description gives details of the distances covered, lengths of walks and type of terrain. We have also graded both individual walks and tours as a whole using the following system:
Easy. A short and mostly flat walk lasting 1–2 hours, on well-maintained footpaths or roads, perhaps with short periods of gentle ascent or descent. An ‘easy’ tour will consist of mostly ‘easy’ walks, perhaps with a couple of ‘moderate’ ones. There might not be a walk every day.
Moderate. A walk of 2–3 hours’ duration, with significant elevation gain, or stretches of rocky, gravelly or slippery paths. A moderate tour will consist mostly of moderate walks, perhaps with a couple of easy or challenging ones, too. There is likely to be a walk every day.
Challenging. A walk that is longer than 3 hours, has steeper, longer or more frequent episodes of ascent and descent, or is tricky underfoot. Tours graded as ‘challenging’ will consist mostly or entirely of this level of the walk, perhaps with some moderate or easier walks too.
Avoca Travels (Pty) Limited
Addendum to T&C
Updated MAR 2019
ONLINE BOOKING TERMS & 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
ADDENDUM BOOKING TERMS & CONDITIONS FOR SOCCER MATCHES
AVOCA TRAVELS SPORTS
Using only reputable and trustworthy suppliers, Avoca Travels sources official tickets to major sporting events packaged with a comprehensive range of travel services. From flights, hotel reservations, transfers and match hospitality, to tour guides, destination excursions and even restaurant bookings. We specialize in packages to various sporting events, whether travelling solo or in a group, we tailor-make your sports travel experience to suit your specific needs.
TERMS & CONDITIONS GOVERNING THE SALE OF MATCH TICKETS
1. MATCH DATE & TIME CONFIRMATION
The exact date and time of the English Premier League (EPL) fixtures are only announced about 6 weeks prior to the match weekend. Due to new rules, kick-off will be not before 20h00 on Fridays and not after 22h00 local time on Mondays. If a weekend’s match is changed and subsequently played between the above time ranges, Avoca Travels is not responsible if clients are unable to attend the match. Please keep this in mind when booking flights and accommodation. Whilst we will use our best efforts to keep clients updated about changes; there may be occasions when fixtures may be amended further and the normal cancellation policy will apply.
2. MATCH POSTPONEMENT
If a match is postponed at short notice due to bad weather conditions, industrial action, or any other reason not within the control of the football club or TV companies, the match ticket will remain valid for the rescheduled date. Avoca Travels is not responsible if clients are unable to attend the match. Subject to availability, an alternative match may be offered.
3. MATCH CANCELLATION
In the extremely unlikely event that the Match is cancelled and not subsequently re-arranged, the Ticket Holder shall be entitled to a refund not exceeding the price of the Ticket. If cancelled before the tickets are sent, we will cancel your order and refund the amount you paid. After the tickets are sent, the supplier will first need to receive the tickets back before we can refund you the amount paid.
4. CUP FIXTURE SCHEDULES
Where EPL teams will be playing League Cup and FA Cup matches, which are scheduled during the EPL weekends and EPL games are postponed, the supplier will change the ordered match to a match within the same match city during that weekend.
5. SPECIAL PROVISIONS AND LIABILITY
Avoca Travels shall not be held responsible or liable in the following circumstances:
5.1 You are denied admission to an event except insofar as the denial is due to wilful misconduct on our part.
5.2 You visit an event solely at your own risk and assume full responsibility for any loss or damages that you may suffer while travelling to/from the event or attending any such event.
5.3 You shall be solely responsible for obtaining the correct dates, starting times of events, and pick up details of the tickets.
5.4 You shall not be provided with replacement tickets in the event of lost, stolen or damaged tickets.
5.5 You are unable to access the event and/or if the event is cancelled or postponed due to force majeure or reasons beyond Avoca Travels control such as adverse weather conditions, strikes, civil disturbances, and decisions made by competent authorities and/or the organizers etc.
5.6 You fail to abide by the rules, regulations, policies, dress codes and code of conduct established by the local authorities and/or event organizers. Any resultant costs or damages that you may incur if you are denied entry or are expelled from the event by the local authorities or the organizers will be for your own account.
6. MOVED EVENTS
When an event is moved (change of date or location), and the tickets are valid for the newly announced event, your order will automatically be valid for new the date. We will inform you within 24 hours after the announcement. Avoca is not responsible for any date/fixture changes during the season. In case of a date change, the client can either keep the booking for the new date or change the booking to another match without any refund. In case the new match is more expensive than the current booking, extra charges may be applied. All costs incurred to amend your travel arrangements shall be for your own account and there is no possibility for a refund.
7. CANCELLATION OF A CONFIRMED BOOKING
A confirmed booking is NON-REFUNDABLE whatever the personal circumstances of the client maybe. Do NOT confirm your booking if you are unsure of your intention to travel. Tickets are personal to Ticket Holders, are not transferable and shall not be transferred or resold under any circumstances.
All orders will bind you and cannot be cancelled without written acceptance of cancellation by the Third Party Supplier Company. However; in case of a cancellation request, the Supplier will TRY to resell your ticket in an attempt to recover as much of your money as possible. In some cases this could be substantially less than what you originally paid and under no circumstances can the resale of the ticket be guaranteed.
8. DELIVERY OF TICKETS
Unless otherwise specified or confirmed by the Third Party Supplier, tickets will be delivered to the lead passenger by18h00 local time on Friday or 12h00 on match day for midweek fixtures. Avoca Travels shall be responsible to provide the Supplier with the correct delivery address and other details as may be reasonably required for the timely delivery of the tickets.
Club means the Football Club issuing the Match Ticket
Match means the specific home match at the Stadium for which a Ticket is valid
Season means the football season (usually running from August to May inclusive)
Stadium means the venue where the match is being played at the Club’s Home Ground
Ticket means a printed paper ticket or other form of ticket for admission to a Match
Ticket Holder means the registered holder of a Ticket.
10. CLUB BOOKING TERMS & CONDITIONS & UPDATES
All bookings are subject to Avoca Travels, Third Party Suppliers and the Issuing Clubs Booking Terms and Conditions as they appear on their respective official websites and subject to revision and update from time to time.
Last updated OCT 2018
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. When you purchase flights online or access your personal profile you can do so through a secure server. The use of Secure Socket Layer (SSL) Technology ensures that all personal information, such as your credit card number, will be encrypted as it travels from your computer to the Avoca Travels Online Booking Engine. When received, the information is decrypted and processed in the same way as a normal credit card transaction via the telephone.
If your browser supports SSL, and if you entered our site via our secure server access, then transmission of any sensitive data will be protected. If your browser does not support SSL, we recommend that you upgrade to the latest version of any browser to enhance the security of further transactions, otherwise the transmission of your personal data may not be protected and Avoca Travels disclaims any responsibility in this regard.
What do we use your information for?
We use your personal information to identify you as a customer, to process your booking, verify credit or other charge card details where applicable and deliver relevant information to you in connection with your travel and any ancillary services that you may wish to avail yourself of. Any information we collect from you may be used in one of the following ways:
- To personalize your experience – your information helps us to better respond to your individual needs
- To improve our website – we continually strive to improve our website offerings based on the information and feedback we receive from you
- To improve customer service – your information helps us to more effectively respond to your customer service requests and support needs
- To process transactions – your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased products or services requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails – the email address you provide may be used to send you information, respond to enquiries, and/or other requests or questions.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow it ) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We may release your information when we believe the said release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Your information may also be released for immigration and customs control, security, administrative and legal purposes. In such instances, we may transmit your personal information to our own offices, authorized agents, other carriers and service providers, credit / charge card companies, data processing companies working on our behalf and to government agencies. Some of these entities may be located outside the European Economic Area. Your personal information and any records relating to your air travel will also be retained for audit functions.
Laws in force in the USA require Avoca Travels to collect certain information from all passengers travelling to and from the USA, prior to travel. This information includes information held in the machine-readable zone (MRZ) of your passport (passport number, country of issue, passport expiry date, given names, last name, gender and date of birth) together with other information which is not held in the MRZ of your passport (country of residence, citizenship, alien registration card number, destination address in the USA).
In addition, under U.S. Law, U.S. Customs and Border Protection (CBP) will receive certain travel and reservation information, known as Passenger Name Record or PNR data, about passengers flying between the European Union and the U.S. CBP has undertaken that it uses this PNR data for the purposes of preventing and combating terrorism and other transnational serious crimes. The PNR may include information provided during the booking process or held by airlines or travel agents. This information will be retained for at least three years and six months and may be shared with other authorities.
For further information about these arrangements, including measures to safeguard your personal data, can be obtained on www.dhs.gov and ec.europa.eu.
Third Party Links
On occasion and at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nevertheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
This policy was last modified on 2013/12/04