COVID-19 TRAVEL WAIVER
For the confirmation number entered below, I requested that my travel advisor Avoca Travels, an independently owned and operated travel business (“Agency”), book travel arrangements on my behalf. Due to the ongoing COVID-19 pandemic, I acknowledge and fully understand that these travel arrangements may be interrupted or cancelled by the associated travel supplier, a government entity, or other third party outside of Agency’s control for reasons that are unforeseeable at this time.
I also understand and acknowledge that travel involves the risk of a variety of hazards to health and/or safety, including but not limited to, injury, illness, disease, epidemics, and/or pandemics. I expressly understand and agree that I assume all such risks associated with travel whether or not specified herein. I further understand and acknowledge that Agency has no control over the associated supplier’s policies which, in addition to applicable law, will solely govern any cancellation, rebooking, and refund related to these travel arrangements.
I also understand and acknowledge that the purchase of travel insurance is highly recommended and that coverage for circumstances such as these depends on the specific policy I purchase. Should I elect to obtain coverage, the travel insurance policy obtained by me to cover these travel arrangements will dictate any coverage for financial loss resulting from these circumstances. As such, by completing the fields below I hereby agree to hold the Agency harmless and release it from any and all liability for any damages including, without limitation, monetary losses, damage to person or property, illness/disease, delays, negligence, or inconvenience, which I may incur as a result of the circumstances described herein.
As travel opens around the world, all destinations, airports, air carriers, cruise lines, hotels, restaurants, transfer companies, car rental companies, shops and excursions have established COVID-19 safety measures and precautions which may change from day to day. These safety measures may include, but are not limited to: curfews, attraction closings and reduced hours, size of group gatherings, social distancing requirements, health screenings, self-quarantine requirements and COVID test results. By submitting this completed agreement, I accept full responsibility for myself and all members of my travelling party to have all the necessary provisions for travel such as COVID test results, pre-travel questionnaires, etc. Moreover, I understand and assume full responsibility for all necessary documents such as COVID test results, pre-travel questionnaires, etc. regarding COVID-19, in order to travel to my specific destination/s.
COVID -19 NOTES ON BOOKINGS, CANCELLATIONS & REFUNDS
Thank you for placing your valued enquiry / business with Avoca Travels. The COVID-19 Pandemic and the resultant government restrictions including lockdowns, travel bans and border closures have devastated the global travel industry. Given the constantly changing rules governing travel and the unprecedented challenges faced by the industry, we have listed the information below pertaining to bookings, cancellations and refund procedures, that you should be aware of prior to making a booking. At all times, Avoca Travels acts solely as an intermediary, facilitating transactions between the Client and Third Party Service Suppliers. Third Party Service Suppliers and Avoca Travels Standard Terms & Conditions apply to all bookings. The Client is contracted to the Third Party Service Suppliers independent of Avoca Travels and any right of recourse the Client may have will be solely against the said Third Party Service Suppliers.
In general, whether Clients are entitled to a refund for travel bookings cancelled due to government restrictions and force majeure will depend on the Terms and Conditions of their bookings. Third Party Service Suppliers Terms and Conditions vary and in most cases Clients may not be entitled to a full or any refund of their booking. Some terms and conditions may provide for the ability to re-book air tickets / postpone travel to a later date and offer credit notes or vouchers, instead of refunds.
In the event of cancellation of the booking for any reason whatsoever, by or on behalf of the Client, the Third Party Service Suppliers and Avoca Travels reserve the right to claim the services, administration, communication and cancellation charges reasonable in the circumstances as per their respective Terms and Conditions.
The following cancellation and refund procedures will apply upon our receipt of your written instructions to cancel your bookings:
1. Air Tickets – We will submit a refund application to the airline concerned. Please note that certain tickets are completely non-refundable according to airline rules and various other Third Party Suppliers’ Terms and Conditions.
2. Land & Peripheral Arrangements such as transfers, hotel accommodation, tours, etc. – We will submit refund applications to the Third Party Service Suppliers concerned.
3. Avoca Travels shall not be required to refund the Client until such time as Avoca Travels has been refunded, if at all, by Third Party Service Suppliers and all Avoca Travels fees have been paid. Monies will be refunded to the Client in accordance with the Third Party Service Suppliers refund policy which may include service, cancellation and administration fees, as well as any currency / bank charges for repatriation of funds or the denial of the refund application altogether.
4. All refund applications are subject to an administration fee as well as the retention of all service fees levied by Avoca Travels at the time of booking.
5. Visa and Insurance services are non-refundable. Avoca Travels highly recommends that Clients purchase comprehensive travel insurance, including “cancel for any reason” cover (where still available) to ensure any funds lost in the event of cancellation may be recovered.
6. For more information please read our Covid-19 Addendum to Avoca Travels Standard Terms and Conditions at www.avocaonline.co.za
AVOCA TRAVELS (PTY) LIMITED – STANDARD TERMS AND CONDITIONS OF BUSINESS
Avoca Travels is passionate about travel and driven by innovation. We dream, we dare and we strive to create personalized and enjoyable holidays for all our valued customers. We’re always in search of novel ideas and experiences, and we aspire to deliver the incredible in everything we do. Thank you for placing your business with Avoca Travels.
The following Terms and Conditions are very important and must be read prior to confirming your itinerary to ensure that we have met our undertaking to you. Please read the terms and conditions below completely, initial each page and sign on the last page of your confirmation itinerary where required. Alternatively, your travel advisor may email your itinerary and confirmation to you to accept these Terms and Conditions electronically. In these Terms and Conditions, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:
Shall mean the Travel Management Company, Avoca Travels (Pty) Ltd, a company duly incorporated in accordance with the Company Laws of South Africa, Registration Number 1986/002581/07 alternatively, any one of the trading brands of Avoca Travels that include Avocatur, Tripistery, The Holiday Quest or Monaz Travel and/or anyone acting for or on behalf of the TMC, provided such person has been duly authorised and is acting within his or her scope of duty.
Shall mean the Travel Service Supplier of air travel, accommodation, transport, tour operators, car hire, and all other relevant services or products arranged by the TMC, or any services ancillary thereto provided by the TSS or any other party.
Shall mean the person who applies (directly or indirectly) to the TMC for the TMC’s services including, but not limited to, a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-contractor. The Client shall include any other person on behalf of the Client or whom the Client represents and includes any company or organization that wishes to do business with the TMC.
Shall mean these Terms and Conditions.
“COVID TRAVEL DISCLAIMER”
Please note that the Client is solely responsible to decide whether to travel or not during the COVID-19 pandemic and should exercise all due caution as entry rules can change overnight and flights may be cancelled at the very last minute. The TMC is unable to advise Clients on whether to travel or not during COVID-19 and any information offered or opinion expressed by the TMC’s Travel Advisors cannot and should not be construed as advice per se. Under no circumstances whatsoever, will the TMC be held liable for any loss, damage or expenses directly or indirectly caused by the COVID-19 pandemic arising from travel decisions made by the Clients.
By proceeding to book their travel arrangements, the Client agrees to and accept the Terms and Conditions of the TMC and its Travel Service Suppliers. By booking the selected flights with the TMC the Client confirms that they have checked that there are no travel restrictions, in their country of departure, transit and arrival, that may affect their booking and that they have satisfied themselves on behalf of all travellers in the booking that they can proceed with the booking. The TMC cannot be held liable for any operational changes, cancellations or consequential damages incurred by the Client or any traveller in the booking, in the event that flights are unable to operate as planned, including any disruptions, cancellations or changes to planned schedules. Please note that in the event that a flight is disrupted or cancelled due to the imposition of travel restrictions, each airline will have its own policy in this regard, which will apply to their booking.
At all times, Clients are solely responsible to ensure that they are fully compliant with all applicable Government Regulations under the Disaster Management Act for COVID-19 as well as all vaccination / other requirements stipulated by the Authorities at your departure, transit and final destination. Government / State Department Travel Advisories – frequently update travel advisory information to most destinations enabling Clients to make an informed choice that works for them.
The TMC has listed some resources below to help Clients make informed decisions for themselves:
South Africa – https://www.gov.za/sites/default/files/gcis_document/202004/43199rg11078-gon446.pdf
Smart Traveller Enrolment Programme (STEP) – receive travel advisory updates from destination-specific Embassy
World Health Organisation (WHO) – for destination-specific international travel and health updates.
Centres for Disease Control (CDC) Travel Webpage – for information and updates on destination-specific health issues
Destination-Specific Government Websites – for destination travel restriction updates (NOT tourism board websites)
Supplier-Specific Updates & Information – for concerns regarding a certain destination or type of travel.
Means all information of a private or confidential nature not in the public domain, including, but not limited to, an individual’s Personal Profile, and in the case of a juristic person, information of a proprietary and/or secret nature pertaining to such juristic entity.
Means all arrangements made on behalf of the Clients by the TMC falling outside of the scope of the definition of Corporate Travel.
Means a nominated group of individuals travelling on behalf of the Client, or in their private capacity for leisure purposes. In most cases a group constitutes 10 or more people travelling together, but this number could vary based on Supplier criteria.
Means all arrangements made on behalf of the Clients by the TMC, to conduct business, for which authorisation or acceptance of estimated costs are required from the Client to effect payment.
Means all third party rewards or benefit programmes in respect of which a Client or Traveller receives or ought to receive rewards or benefits of whatsoever nature as a result of utilising the services or products of such third party.
Shall mean, inter alia, obtaining or meeting the requirements for passports, visas, health documents, insurance, foreign exchange, Reserve and other bank approvals, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with Travel Service Suppliers and other parties for whom the TMC acts as intermediary which shall, in the absence of agreement with the Client or Traveller, be rendered in the TMC’s sole discretion.
“DATA MANAGEMENT SERVICES”
Means the storage, filing and updating facilities and/or services that may be rendered to the Client, pursuant to the Client’s request, including the management of the Client or Traveller’s Personal Profile, Client trading data, and any other confidential information on the TMC’s databases, inclusive of any ancillary or incidental services as contemplated herein.
Means the internet based link that provides access to the Travel Service Supplier inventory through the TMC’s online booking site. This facility provides access to pre-negotiated rates with Travel Service Suppliers together with other enhanced functionality relating to such services as developed and/or updated or modified from time to time by the TMC.
Means Confidential Information relating to an identifiable living natural person, including, but not limited to: Contact details, e-mail addresses, physical addresses, passport and identity numbers; Medical, financial, criminal and employment or travel history; Information relating to race, gender, sex, marital status, pregnancy, nationality, colour, physical or mental health, language and birth; Any other confidential information about the person.
Means the estimate provided by the TMC to the Client pursuant to a request or enquiry from such Client, whether received in person, by e-mail, internet or telephonically, reflecting the estimated cost of identified travel and/or accommodation arrangements, which estimates are subject to availability and the further terms and conditions set out by the Travel Service Supplier. Validity is influenced by time periods determined by the Travel Service Supplier, in most cases until close of midnight on the day of booking.
Shall mean any travel or other service facility, product or matter incidental thereto of whatsoever nature arranged or to be arranged by the TMC (whether directly or indirectly) to or for the “Client or the Traveller”. The aforesaid shall be used interchangeably and shall include, inter alia, but not be limited to the providing of advice or information, the booking of reservations for accommodation, transport or the like (whether by air, sea, land or otherwise), other service or facility (even though not specifically requested by the Client or the Traveller) provided by the TMC or which the TMC in its sole and absolute discretion deems necessary or ancillary to the services of facilities requested, or anything else associated with or related to travel.
Shall mean any other party who has made or secured any travel bookings or arrangements for the Client including the TMC’s online travel management solution or after-hours services.
Shall mean any party employed by the TMC who has made or secured any travel bookings or arrangements for the Client. The arrangements can be made in the traditional travel trading environment, groups and incentives or leisure divisions. These services can also be rendered in the call centres supporting the Client base of customers after hours or the online travel management solution provided by the TMC.
Shall mean any person (whether or not such person is the Client who utilises or obtains any benefit from the Services of the TMC. The Traveller shall include a potential Traveller.
1.1 The TMC believes in honest, transparent, fair and ethical business practice and conducts business under the Code of Conduct as stipulated by the Association of South African Travel Agents (“ASATA”). The TMC acts solely as an intermediary, facilitating transactions between the Client / Traveller and Travel Service Suppliers (“TSS”) and/or other suppliers engaged in, or associated with the Travel Industry, including inter alia, airlines, tour operators, hotels, shipping companies, car hire and other providers of air, land, sea or any other travel arrangements, products or services.
1.2 To the best of its ability, the TMC introduces you to Travel Service Suppliers who are found to be reputable, of good financial standing, supply quality products and services and share in our ethos of service with integrity. It is the Client’s responsibility to familiarise himself/herself with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed by the Travel Service Suppliers.
1.3 The TMC may refer to itself as an “agent” from time-to-time but is not an agent for any third parties.
1.4 These terms and conditions govern all dealings between the Parties and may be amended from time to time.
2. QUOTATIONS AND ESTIMATES
2.1 Unless otherwise indicated, all prices quoted on the TMC’s website www.avocaonline.co.za are “from prices” for cash transactions that include discounts, are per person share twin, subject to availability and rate of exchange changes. All offers are a guide only and may vary depending on departure dates. Visas may be necessary and insurance is essential. Airfares have different validities, book by/travel dates and restrictions. Pre-payable taxes are correct at the time of going to print and may vary and will increase if stops are made enroute.
2.2 A quotation from the TMC does not constitute a “binding offer” from either a pricing or availability perspective and should not be misconstrued as a confirmation. This is because Travel Service Suppliers will not bind their product /service availability or pricing to enquiries which may not materialise or translate into “real” bookings.
2.3 All Quotations provided by the TMC are subject to availability of the product or service from the Travel Service Supplier when the Booking/Reservation is made by the TMC on the Client’s behalf. Prices quoted cannot be guaranteed due to demand and price fluctuations and/or currency fluctuations and will only be confirmed upon receipt of full payment by the TMC.
2.4 Bookings/Reservations may be held for a very limited period only, provided however that the TMC cannot guarantee such period or Bookings/Reservations until payment has been affected in full by the Client and the TMC has paid the same over to the Travel Service Supplier and received their confirmation.
3.1 Any person requesting a Quotation or making a Reservation or to whom any Service is rendered, declares that he/she is over 21 years of age and is deemed to have read and accepted these terms and conditions and to have the authority to do so on behalf of the person/s in whose name the estimate or quotation or reservation is requested and/or provided and/or the person/s to whom the Services are rendered.
3.2 Any Client providing confirmation, whether written or verbal, pursuant to a Quotation shall be deemed to have accepted these terms and conditions, and furthermore, shall be deemed to have complied with any and all “internal” requirements or authorisations, whether or not such confirmation contains an order number and furthermore, shall be deemed to have obtained the authority and/or approval of all Travellers on whose behalf the Client is accepting the Quotation.
3.3 The Client agrees that he/she will at all times comply with Travel Advisors, Tour Leaders or Others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger.
4. DESTINATION SELECTION
4.1 The Client acknowledges that he/she has selected the itinerary and destination/s constituting the Booking based on information gleaned from sources which have been compiled and are managed by the Travel Service Suppliers. The TMC does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such information sources. The Client acknowledges that any right of recourse in that regard may be against the Travel Service Suppliers.
4.2 While it may be possible to break away from the itinerary, and subject to increased cost implications, it is understood that such breakaways will be for the Client’s account.
5. DATE CHANGES, AMENDMENT FEES & CHANGES MADE BY THE CLIENT
5.1 Travellers or their agent can make most date changes directly with the airlines involved while they are travelling. Some dates may only be changed through the TMC. Availability of seats and date change fees are subject to the airlines’ policies and fare rules. The TMC can advise about the policies regarding a specific itinerary on request.
5.2 The TMC is able to assist in making date changes for an additional charge or as per agreement. Please enquire with the TMC regarding these additional charges. These charges will be in addition to the date change fees charged by the Travel Service Supplier, including airlines and other third party Travel Service Suppliers.
5.3 Some airlines may not allow date changes. In order to change the travel dates of such tickets, the ticket must be submitted for a refund and a new ticket purchased for the new travel dates. (See paragraph 22 on Cancellations below).
5.4 An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. The TMC’s amendment fee is charged in addition to any amendment fees which may be charged by the TSS. All requests for changes and amendments to confirmed bookings must be made in writing and signed by the Client.
5.5 Any Client wishing to make a change to a booking will have to pay all charges imposed by the TSS providing the component that he/she would have the TSS 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.
5.6 Any changes to a confirmed booking requested less than two (2) 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.
5.7 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. The TMC 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.
6. ROUTING CHANGES
Once tickets have been issued, routing changes including adding, removing or changing stopovers or connections, may not be permitted by all airlines or other Travel Service Suppliers. If a routing change is needed, the ticket may need to be submitted by the TMC to the Travel Service Supplier for a refund and a new ticket purchased for the new travel routing. (see paragraph 22 on Cancellations below).
7. SPECIAL REQUESTS
Whilst the TMC will use its best endeavours to accommodate or facilitate any special requests, it cannot guarantee that it will be in a position to facilitate any such demands. The earlier such requests are made prior to departure date, the better the chances of being able to facilitate such request. The Client acknowledges that the TMC is almost invariably subject to the terms and conditions of the Travel Service Suppliers.
8. THE TMC AS AN INTERMEDIARY
8.1 At all times, the TMC acts only as an intermediary between the Client and the Travel Service Suppliers, and accordingly on receipt by the TMC of any request for a Booking(s) or pursuant to a Quotation, the TMC shall transmit any such Booking to the Travel Service Suppliers concerned and endeavour to secure timeously all reservations and arrangements.
8.2 All Quotations or estimates provided by, or Bookings/Reservations made with and/or all Services rendered or vouchers, receipts or tickets issued by or on behalf of the Client are subject to these Standard Terms and Conditions as well as those of any Travel Service Supplier.
8.3 Services shall be deemed not to be confirmed until such time as payment in full or authorisation from the TMC has been received by the Travel Service Supplier, which will usually not take place until payment or authorisation for transaction, have been received by the TMC from the Client.
8.4 The Travel Service Suppliers may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate Travel Service Suppliers such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all Travellers and that Travellers acquaint themselves with the terms of such insurance particularly the exclusions and consider the adequacy of such insurance relative to their needs.
8.5 The TMC does not accept liability to the Client/Traveller for any actions, errors or omissions of the Travel Service Suppliers and/or their agents, which may be prejudicial to the Client/Traveller or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damages of whatsoever nature or kind and the Client indemnifies the TMC accordingly.
8.6 The Client/Traveller is contracted to the Travel Service Suppliers independent of the TMC and any right of recourse the Client may have will be solely against the Travel Service Suppliers.
8.7 It shall be the Client’s responsibility to ensure that the Bookings/Reservations effected by the TMC on the Client’s behalf accord with the Client and/or Traveller’s intended travel itinerary and arrangements. The TMC shall in no circumstances be responsible for any loss, harm, damage, cost or expense of whatsoever nature and howsoever incurred in relation to incorrect Bookings/Reservations or Bookings/Reservations effected contrary to the Client or the Traveller’s intended travel arrangements. Any errors made to the Client/Traveller’s itinerary must be brought to the TMC’s immediate attention.
9. LIMITATION OF LIABILITY
9.1 Neither the TMC nor any related company or representative shall be liable for any injury, illness, harm, trauma, death to the Client or any other passenger and/or loss of or damage howsoever caused and the Client indemnifies the TMC accordingly. The TMC, its directors, employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever, even though this may be as a result of negligence on the part of the TMC’s employee/s.
9.2 Due to the fact that the TMC is acting only as an intermediary and as an agent of the Client/Traveller, all risks inherent in utilising the services of the TSS, including, but not limited to, the liquidation of such TSS or the ramifications of such TSS not being registered with an appropriate international governing body requiring the maintenance of certain standards and/or safety regulations, shall remain with the Client/Traveller.
9.3 All amounts paid to the TMC in respect of the Services shall be deemed not to be held in Trust by the TMC and accordingly, any amounts paid over to third party TSS, are paid over on the Client’s behalf pursuant to an implied instruction from the Client when accepting a Quotation and effecting payment of a TSS’s usual fees, charges or deposits.
9.4 Should any Client/Traveller request to have flights booked on non-IATA registered airlines through the internet or General Distribution System, and remain insistent on confirming such travel arrangements, despite the fact that non-IATA registered airlines are not subject to stringent safety audits and there is no financial stability checks and no commitment to IATA service standards, the TMC will not be responsible for any liability for any financial or safety implications that may arise from the use of such airlines.
10.1 All Booking requests are to be provided by the Client/Traveller to the TMC in writing in line with the Client’s agreed process of authorisation.
10.2 Wherever possible, the TMC will endeavour to confirm the status of any Booking in writing whether by e-mail whats app or sms, but any failure to do so shall not be considered to negate the validity and conditions of the Booking or to constitute an act of negligence on behalf of the TMC.
10.3 In the event of there being an unscheduled extension to the Booking caused by flight delays, bad weather, strike or any other cause that is beyond the control of the TMC, all expenses relating to these unscheduled extensions (taxis, hotel accommodation, meals, etc.) will be for the Client’s account, unless provided or paid for by the Travel Service Supplier.
10.4 Unless full payment is due at the time of making the Booking, all Bookings must be accompanied by the requested deposit or guarantee for leisure or group travel. For Corporate travel, agreed payment terms are applicable (credit card settlement or other agreed terms).The TMC reserves the right to cancel any Booking without prejudice in the event of full payment or a deposit or part thereof not being received on the date stipulated.
10.5 The price quoted to the Client is based on fares, hotel prices, land costs and other relevant costs at the date of Quotation. Most Bookings/Reservations are dependent upon prompt payment (usually within 24 hours) after reservation by the TMC. The Client is accordingly required to effect payment timeously, or confirm acceptance of the quote or offer, failing which the validity of Bookings and fares or costs may be nullified and a repricing and/or rebooking by their Travel Service Supplier may be required. The Client shall bear all risks in this regard.
10.6 In the event of there being any increase in any of the foregoing costs prior to the issuing of the documents, such variation shall be for the Client’s account and payable on request by the TMC, as shall any increase in the price/s quoted arising from the fluctuation in rates of exchange.
10.7 Leisure and group travel documents will not be issued until such time that full payment is cleared by the TMC’s bankers. Airfares are subject to the fare and fare rule conditions quoted by the airlines and cannot be guaranteed by the TMC. Should the Client’s reservation be a group booking and the group number deviates from the number required for the Booking, the Travel Service Suppliers may have reserved the right to recost the price and raise a surcharge. Should the Client or any party of the Client’s group refuse to accept and pay such surcharge, it may result in the Travel Service Suppliers cancelling the Booking and retaining any payment made. The TMC will be entitled to retain any service fees charged in such event.
11. RECONFIRMING FLIGHTS / TICKETS
The TMC recommends that Travellers reconfirm each flight, even if the airline says that it is not required. Where online seat allocation and check-in exists, the online process will replace all other arrangements. It is the Client/Traveller’s responsibility to check that pre-seating has been done correctly and that the Traveller is in the possession of his required boarding passes if these services are requested by the Client. All onward travel arrangements (local, international and domestic connecting flights on return to RSA,) must be reconfirmed by the client at least 72 hours prior to departure. Clients may login to the airline’s website to check if any schedule changes to onward flights are made.
12. AIRLINE DEFAULT, ITINERARY VARIATIONS, LOST AIR TICKETS
12.1 The TMC takes no responsibility in the event of a Travel Service Supplier’s default or cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended. Travellers are advised to acquaint themselves with the terms of such insurance particularly the exclusions and to consider the adequacy of such insurance relative to their needs.
12.2 While every effort is made to keep to the final itinerary, the TMC and TSS 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 a variation in the final itinerary. Any such variations do not constitute any reason for a refund and the TMC / TSS shall not be held liable for the same. In the event that any TSS is unable to provide the service/s confirmed, the TSS shall endeavour to substitute alternative arrangements of a similar standard to those set out in the original booking. In instances when any travel component is confirmed by the TMC and subsequently cancelled by the TSS for whatever reason, the TMC will accept no liability for the said cancellation.
12.3 In the event of lost air tickets, a new return ticket (lost prior to departure), or a one way ticket (lost after departure) will need to be purchased. The airline will only refund the original lost ticket in accordance with their policy (typically one (1) year after the travel date of an International ticket or six (6) months after the travel date of a Domestic ticket). The cost of a new air ticket will be for the Client’s account and the refund, less the TMC’s administration fees will be repaid to the Client only upon receipt of the same from the airline in question.
13.1 All prices quoted on any offer, website, brochure, advertisement, price insert, promotion etc. are “from prices” for cash transactions based on the airfares, tariffs and currency exchange rates prevailing at the time when those offers were produced.
13.2 Dynamic pricing allows Travel Service Suppliers to adjust prices in real time in response to market demands for products / services that are highly flexible and constantly fluctuating until booked, paid for and ticketed/invoiced. Hence, all prices shown are subject to change without prior notice due to increases in airfares, accommodation, 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 any particular products or services that may become effective up to and including the day that the TMC receives full payment.
13.3 Until the TMC 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 on 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.
13.4 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, the TMC will endeavour to secure seats for you in the next available class and inform you of the applicable flight supplement/higher deposit payable 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 the TMC’s bank account before midnight South African time on the day that the Booking was made.
13.5 Inclusive tour package prices are based on the total tour package and no breakdown of component costs will be provided. 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 travel service 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 Client’s tour itinerary, brochure or service voucher.
14.1 Prices and Reservations are not guaranteed until acceptance of the quote or offer has been confirmed or tickets have been paid for in full, and issued, and are subject to change at any time prior thereto.
14.2 Final payment for any Booking must be made upon confirmation of the Booking, unless specific arrangements have been made and confirmed in writing by the TMC, including confirmed acceptance of the quote or offer. Final payment is based upon the quoted and confirmed price, less any deposit paid, plus any additional charges that may have been incurred.
14.3 Aside from passport, visa and other Peripheral Service fees (“additional fees”), the TMC reserves the right to apply late booking charges, communications, consultation, administration and amendment fees where applicable. With the cancellation of a trip, the TMC service fees will still apply.
14.4 Tickets for specialised group and incentives reservations: As soon as the TMC receives payment, it will begin confirming and issuing tickets. Depending on the itinerary, Clients must allow for agreed timelines from the time payment reaches the TMC for tickets or e-ticket confirmations to be delivered. Timelines may be specified and often vary in instances where the airline elects to issue group air tickets. Tickets will be issued as e-tickets.
14.5 Late Payment: If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account. Alternatively, the TMC may cancel the Booking in its sole discretion. Late payment may also result in cancellation of the Booking by the Travel Service Suppliers and /or other third party service providers.
14.6 Payment by credit card: The Client may pay online via the TMC’s Virtual Card Services and/or will be required to complete the TMC’s credit card/booking authorisation and indemnity form to comply with the authorisation criteria as laid down by the respective Credit Card Companies and the International Air Transport Association (IATA).
14.7 The TMC reserves the right to charge interest at 2% above the TMC’s current prime bank overdraft rate in respect of all overdue amounts. Any invoice and/or statement received by the Client shall be payable as per agreed terms, in full and no deduction or alteration may be made by the Client should all or any part of the Services booked by the TMC be unused for any reason.
15. ACCEPTED FORMS OF PAYMENT
15.1 Electronic Funds Transfer (EFT) on condition that the Client emails the EFT transmission report to the TMC which clearly reflects the TMC’s booking reference number and obtains confirmation of receipt of payment when the funds actually enter the TMC’s bank account.
15.2 Direct Cash Deposits into the TMC’s bank account on condition that the Client pays all applicable bank charges / cash deposit fees for the said cash deposit and emails a clear scanned copy of the cash deposit slip to the TMC.
15.3 All major South African credit cards for the payment of air tickets only, if accompanied by satisfactory identification and a signed credit card authorisation form for leisure travel. However; please note that not all airlines and TSS will accept American Express and Diners Club Cards.
15.4 Credit Card payments for land arrangements; only on condition that the Client informs the TMC at the time of booking and subject to conditions acceptable to the TCM and the Cardholder. Some TSS will only accept credit cards if the TMC absorbs the merchant fees – in such instances the Client will be asked to pay cash and, should the Client still wish to pay by credit card, the TMC reserves the right to charge a transaction fee equal to the value of the bank’s merchant fees.
15.4 Corporate Travel cards with the required written authorisation for the TMC to issue travel on behalf of the Client, as stipulated by the credit card companies, for Corporate Travel.
15.5 The TMC does not accept cheques and reserves the right, at its sole discretion, to accept or decline any form of payment (foreign currency, cheque or credit card) without prior notification or explanation.
15.6 Any agent who acts as an intermediary between the Client and the TMC must confirm 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 Standard Credit Card Charge Form (“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 all chargebacks, credit card fraud or other irregularities arising from any such credit card transactions.
15.7 The TMC 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 a currency other than South African Rand. The TMC shall therefore not be held liable for any Additional Charges levied by the applicable merchant or bank, pursuant to the confirmation of a Booking.
The TMC’s banking details are as follows:
Avoca Travels (Pty) Limited
First National Bank
First National Bank
16. TRAVEL DOCUMENTATION
16.1 The TMC will not issue any travel documentation such as booking confirmations, vouchers, itineraries, etc. until a fully completed and signed booking form and full payment with cleared funds are received.
16.2 Where promotional or special tour basing fares are used in group/incentive bookings and tickets are issued by the airline itself, timelines may vary and such tickets will normally be released within two weeks of departure.
16.3 The TMC’s general practice is to send travel documents to Clients electronically whenever possible. It is the Client’s responsibility to collect all paper travel documents from the TMC’s offices prior to departure. The TMC reserves the right to charge an administration fee if hard copies of such documents are sent to the Client at their request.
16.4 All travel documents are non-transferable, 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.
17. TRAVEL INSURANCE
17.1 The TMC strongly recommends that travel insurance be purchased at the time of booking to cover cancellation and curtailment, delays, personal accident and liability, medical expenses, emergency repatriation, loss of or damage to baggage and sports equipment etc.
17.2 The TMC urges the Client to take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. The Client must check the specific details of the complimentary cover with his/her respective credit card company directly.
17.3 Insurance options should be discussed with the Client’s Travel Advisor. Queries regarding insurance options and assistance to obtain insurance will be referred to an accredited insurance service provider.
17.4 The TMC is under no obligation to affect any insurance on behalf of the Client or Traveller. The TMC shall not be obliged to obtain separate cover for any risks so excluded, nor shall the TMC be under any obligation to affect a separate insurance for each Traveller, but may declare it on any open or general policy.
17.5 The risk of a failure to obtain adequate insurance cover shall be solely on the Client/Traveller and the TMC shall not be liable for any loss, harm, damage, and costs of whatsoever nature and howsoever incurred in connection with the Client/Traveller’s travel arrangements. Accordingly, all queries must be addressed to the Client and/or the Traveller’s principal insurer, as the TMC shall in no way be held responsible for any/all information advanced by any of its staff or representatives in this regard.
17.6 Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only and the TMC will be under no responsibility or liability whatsoever in relation thereto.
18. PERIPHERAL REQUIREMENTS
18.1 The TMC will, on request, endeavour to assist the Client or Traveller with Peripheral Requirements or Services, provided however; that the TMC shall not be held liable for ensuring that these Peripheral Requirements and Services are provided correctly or timeously or at all, nor ensure the accuracy of any information or any lack of information relating to such Peripheral Requirements and/or Services.
18.2 The TMC does not determine the cost of some of these services but will charge specific service fees for these Peripheral Services and any assistance is accordingly rendered at the Client’s/Traveller’s sole risk.
18.3 The TMC, its employees or servants will not be responsible or liable in the event of any delays, loss, misdirection or theft of any/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 its offices on behalf of the Client/their Agent.
19. TRAVELLERS DETAILS AND DOCUMENTS
19.1 Verification of Traveller’s full names and travel details: It is important that the Client provides the TMC with the Traveller’s full names as per the passenger/s travel documents (South African ID or Passport). Failure to do so could result in the Traveller being denied boarding or face deportation due to name mismatch information. The Client must confirm that all the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s is submitted for a refund and a new ticket issued. Any financial penalties imposed by the service provider/s as a result of name changes will be payable by the Client.
19.2 Other documents: Other documents that may be required for the Client’s journey are the Client’s identity document/passport, local and international driver’s license, inoculation certificates and hotel, car and tour vouchers. The Client is to ensure that he/she checks all of these documents at the time of issue where applicable, prior to the Client’s departure from his/her point of origin. If bookings have been made directly on the online services of the TMC, it is required that the Client will check and establish requirements for the destinations booked and paid for.
20. PASSPORTS, VISAS AND HEALTH
20.1 The Client is responsible for obtaining all necessary visas and travel permits for all countries that the Client will be travelling to or transiting through, and for informing himself/herself as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on the Client’s nationality, length of stay, and the purpose of the visit, among other factors. Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved or from a visa service company. It is required that the Client establish what the required criteria is for obtaining a visa, and ensures that the Client adheres to the requirements set out by the Embassies, Consulates and/or their representatives.
20.2 It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and that the Client’s passport will be valid for six months to one year after the Client’s return to his/her home country and contains sufficient blank pages for visa issuance and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
20.3 The Client is to check the requirements with the TMC before travelling. The Client acknowledges that any information given by a Travel Advisor should not be interpreted as legal advice concerning visas, entry requirements, immigration, or residency.
20.4 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, insurance validity and administration fees for any changes subsequently requested.
20.5 The TMC will endeavour to assist the Client with information but such assistance will be at the TMC’s discretion and the Client acknowledges that in doing so, the TMC assumes no obligation or liability whatsoever and the Client indemnifies the TMC against any consequences of non-compliance.
20.6 It is specifically noted that the TMC cannot be held responsible for: Denial of the Client’s visa application for any reason; Delays in the issuance of the Client’s visa by the relevant Consulate or High Commission; Loss of the Client’s passport/s by the Consular offices and/or courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Passport application delays; Incorrect issuance of passport or visa.
20.7 The Client is reminded that a visa does not necessarily guarantee entry into any given country. Clients disregarding visa conditions and /or overstaying their visit will bear all costs, fines, and penalties raised by the respective country, the TMC being exonerated of all liability.
20.8 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.
20.9 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 minors 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 applies to minors of all nationalities whether traveling unaccompanied, with both parents, single parent or with other adults.
20.10 Minors traveling with 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 must be presented.
21. PERSONAL PROFILES
21.1 In terms of the Protection of Personal Information Act, 2013 (“POPI”), the TMC is required to obtain consent from parties where it wishes to manage, store, process, use and distribute to third parties such parties’ personal information (as defined in more detail by POPI) for the purposes of providing the Travel Management Services which include Management Information reporting to the Client. The Client shall work together with the TMC to obtain such consent from its employees and, in instances where such consent is refused, the Client acknowledges that the TMC cannot be held liable for its inability to perform the Services. The TMC confirms that it is committed to the protection of travellers’ personal information and that it has reasonable safeguards in place to protect travellers’ personal information.
21.2 The Client / Traveller shall be required to maintain their own Personal Profiles, which Confidential Information may be required by the Travel Service Suppliers from time to time.
21.3 The Client /Traveller undertakes full responsibility for maintaining the accuracy of such information, whether or not data management services are to be provided by the TMC on the Client’s behalf.
21.4 The Client / Traveller specifically authorises the TMC to release its Personal Profile Data or Confidential Information to Travel Service Suppliers or other third parties reasonably requiring such information for the purposes of the Client / Traveller’s travel arrangements.
22.1 The Client acknowledges that all the TMC’s Travel Service Suppliers and/or Service Suppliers have different terms and conditions relating to cancellation and refunds and whilst the TMC will endeavour, at the Client’s request, to assist with cancellations and refund claims, the TMC shall not be responsible for the forfeiture of any deposits, costs or charges paid or due to Travel Service Suppliers or other third party Travel Service Suppliers, or the failure to obtain any refunds from any such Travel Service Suppliers on the Client’s behalf.
22.2 The Client further acknowledges that the policies and terms and conditions of bookings, deposits and payments also vary according to the types of fares and the cancellation notice periods afforded by such Travel Service Suppliers to the Client having regard to the actual cancellation notice period given by the Client. The onus of timeously notifying Travel Service Suppliers of required cancellations in accordance with those terms and conditions shall remain exclusively with the Client.
22.3 The Client acknowledges that some tickets are non-refundable (irrespective of circumstances), whilst others may require significant notice periods, and furthermore these terms and conditions may vary with large group bookings. Any failure to cancel any booking will result in a total booking cost remaining payable by the Client which shall include any pre-payment that may have been affected on the Client’s behalf by the TMC.
22.4 In the event that the Client cancels or postpones any bookings or travel ticket purchase, for any reason whatsoever, he/she must immediately notify the TMC of such cancellation in writing and the cancellation will take effect on the date that the TMC receives the said cancellation notice. The Client shall remain liable to the TMC for all its usual fees which shall apply regardless of cancellation, whether in the nature of administration fees, service fees or cancellation fees in respect of such services regardless of any refunds that may be obtained for the Client or notice periods afforded to the TMC. In the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of the Client, the TCM reserves the right to claim the services, administration, communication and cancellation charges reasonable in the circumstances or specified in the booking confirmation and which charges will inter alia, depend on the debits the TCM receives from the Travel Service Suppliers with whom the reservations were made on the Client’s behalf.
22.5 A general guideline on the TCM’s cancellation fees is as follows: More than 12 weeks prior to departure – deposit is non-refundable. 8 weeks prior to departure – 35% of invoiced cost; 6 weeks prior to departure – 60% of invoiced cost; less than 6 weeks prior to departure – 100% of invoiced cost of cancelled services. In the case of large group bookings, the Client acknowledges that the TMC may be required to affect pre-bookings and/or pre-payment or upfront deposits on the Client’s behalf in order to secure the required volumes and as such the Client acknowledges and agrees to the terms and conditions set out herein pertaining to cancellations and refunds.
22.6 The TMC shall not impose any cancellation fee or claim any damages in respect of a Booking if the Client is unable to honour 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.
22.7 Cancellation by the TMC: The TMC reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Additionally, the TMC reserves the right to cancel any contract should its fulfilment be rendered impossible due to insufficient numbers, being impeded or frustrated by strikes, lock-out, civil commotion, terrorist activity, pandemics, lockdowns, travel bans, closure of borders, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the TMC.
22.8 Non-Refundable Tickets: Certain tickets are completely non-refundable according to airline rules and various other third party’s terms and conditions. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government travel warnings will not entitle the Client to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded. Trip cancellation and interruption insurance is therefore highly recommended and should be purchased at the same time as the airline tickets.
23. CAR & VEHICLE HIRE
Car Hire Terms and Conditions are onerous & include absolute, no-fault and strict liability provisions. The Client must read the said Car Hire terms and conditions very carefully and must discuss anything the Client does not understand or has any misapprehension about the car hire consultant BEFORE signing the Car Hire terms and conditions and/or advise the car hire consultant to confirm the booking/car hire request. Please note that the Client will be liable for all traffic fines and toll fees. We strongly recommend that the Client checks the vehicle thoroughly with a representative of the car hire company upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Please 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 with a full tank of fuel upon completion of the rental. 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.
24. 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 the TMC Hotline on +2782 786 4271 or email the Customer Services Manager at firstname.lastname@example.org to enable the TMC to resolve the problem. Failure to give the TMC 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 twenty eight (28) 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, the TMC and TSS do so without prejudice and do not imply any fault of any kind on the part of either aforesaid party. Whilst the TMC will use its best efforts to resolve the complaint to the Client’s satisfaction, it is specifically recorded that the TMC in no way accepts liability for any claim.
25.1 The TMC pays the Client’s money over to the Travel Service Suppliers from whom refunds must be claimed. The TMC shall not be required to refund the Client until such time as the TMC has been refunded, if at all, by Travel Service Suppliers or any other third party service suppliers and all the TMC’s fees have been paid. Monies will be refunded in accordance with the Travel Service Suppliers refund policy which may include cancellation fees, administration fees or the denial of the refund application.
25.2 All refunds are subject to an administration fee imposed by the TMC as well as the retention of all service fees levied by the TMC at the time of booking. Generally, no refunds are entertained by the TCM 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 due to ‘force majeure’, weather conditions and all circumstances beyond the TMC’s control.
25.3 Refunds may take up to 12 weeks and in exceptional cases even longer. As an intermediary, the TMC can only assist in processing and following up on the Client’s application. All correspondence pertaining to refund claims should be emailed to the Customer Services Manager at email@example.com for assessment. Where due, the TMC will make refund payments within fourteen working days of claim resolution. In no circumstances whatsoever does the TMC or any of its employees guarantee a refund unless it is reduced to writing and provided by the Travel Service Suppliers concerned.
26. LOYALTY PROGRAMMES
26.1 Whilst the TMC shall use its reasonable endeavours to ensure a Client or Traveller obtains the benefit of his/her Loyalty Programme, it shall be the sole responsibility of the Client and/or Traveller to ensure that the requirements of such Loyalty Programmes are adhered to and that the relevant Loyalty Programme operator is duly notified. The TMC shall not be responsible for any failure to obtain the benefit of a Loyalty Programme on the Client/Traveller’s behalf.
26.2 The Client indemnifies the TMC against any and all claims by any third party of whatsoever nature and howsoever arising in respect of any failure to procure rewards or benefits from any Loyalty Programme.
27. RESPONSIBILITY / RELEASE AND ASSUMPTION OF RISK
27.1 The Client understands and is aware that during the trip in which it/its Travellers will participate under the arrangements of the TMC and its Travel Service Suppliers, agents, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including but not limited to the hazards of travelling in unsafe areas or under unsafe conditions, the hazards of travelling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and/or the bankruptcy, insolvency or cessation of services by, the Travel Service Supplier, its affiliated companies, airlines, cruise lines, other third parties or subcontractors. In consideration of, and as part of the payment for the right to participate in such itineraries, the Client has and does hereby expressly assume all of the above risks.
27.2 The TMC offers 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 by the TMC on the clear understanding that the Client/Traveller is fully aware of the said risks and potential hazards and that it is the Client’s/ Traveller’s 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 Client/Traveller agrees to assume all such risks associated with the journey, which they undertake of their own choice and entirely at their own risk.
27.3 Malaria and other tropical diseases! Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of Malaria and other tropical diseases. The TMC strongly recommends that all necessary precautions be taken in this regard and recommends that the Client check with his/her medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon the Client’s arrival at their destination. If the Client has not done so prior to departure, it is imperative the Client does so upon the Client’s return.
28.1 Subject to statutory constraints or compliance with an order of court, the TMC undertakes to deal with the entire Client’s Confidential Information on a strictly confidential basis. The TMC may provide certain information to the Travel Service Suppliers for the purpose of the Client’s travel arrangements, in terms of which, the Client hereby provides its irrevocable consent.
28.2 While the TMC will endeavour to maintain the confidentiality of such information, once distributed to third parties, the confidentiality can no longer be guaranteed by the TMC.
28.3 The Client acknowledges that it may become possessed of Confidential Information proprietary to the TMC, such as, without limiting the generality of the aforegoing, rates, service fees and contractual arrangements with Travel Service Suppliers. The Client undertakes to maintain the confidentiality of such information and not to disclose or distribute such information to third parties without the TMC’s prior written consent, acknowledging that a breach of the undertaking could result in the TMC suffering damages.
29. DEPARTURE TAX
29.1 Certain destinations may require a departure tax which is payable in cash locally upon departure. This tax is not included in the prices quoted and is payable upon departure in local currency.
29.2 Departure taxes or other local taxes are subject to change without notification and it is not always possible for the TMC to inform the Client and/or Traveller in advance. Furthermore, the currency in terms of which such taxes may be payable is also subject to change and it is the Client/Traveller’s responsibility to ascertain the amounts and currency requirements prior to departure.
30. INTERNET BOOKINGS
30.1 If the Client requests or instructs the TMC to do bookings via the Internet, the Client irrevocably authorises the TMC to do the following on its behalf (1) make any selections of and for the proposed travel arrangements (2) make payments and (3) accept Service Supplier booking conditions.
30.2 Online bookings or bookings made through the TMC’s online facilities are the sole responsibility of Client utilising such facilities. The TMC will not be held responsible for any errors made by the Client with respect to such online or internet bookings, nor for any cancellations, refunds or service breakdowns to the facilities whatsoever.
30.3 Whilst the TMC will endeavour to facilitate the ongoing availability of its internet, online facilities, it cannot guarantee 100% availability on a 24 hour basis, 7 days a week. The TMC shall, where possible, provide the Client prior notice of scheduled maintenance, which maintenance shall be scheduled for the most convenient time so as to minimise inconvenience to the Client/Traveller.
30.4 The TMC shall have the right to take whatever action it deems appropriate in order to protect the confidentiality, security and integrity of the online or internet connections. Where the TMC provides the Client with personal access codes to enable the Client to access the online facilities, it shall be the Client’s responsibility to ensure that only authorised representatives have access to its personal access codes. Any use of the Client’s personal access codes by any unauthorised person whatsoever, shall be deemed to be authorised use and the Client shall be responsible for all fees resulting from such access.
31.1 The Client/Traveller is required to check the Travel Service Suppliers baggage conditions in order to ascertain their free baggage allowance and excess baggage costs.
31.2 In addition to the foregoing, the Client/Traveller is required to familiarise themselves with unacceptable baggage items in terms of the International Civil Aviation Organisation (ICAO) technical instructions as well as the International Air Transport Association (IATA) Dangerous Goods Regulations – refer to www.iata.org-bags for information and links. For safety reasons, dangerous articles must not be packed in checked or cabin baggage. Restricted articles include but are not limited to, compressed gases, corrosives, explosives, flammable liquids, oxidising materials, poisons, and infectious substances.
31.3 Generally speaking, air travel passengers are allowed 1 piece of hand luggage with specified weight and size requirements. These requirements are indicated on ticket confirmations and on the airline website. Additional weight and size may require the passenger to check such baggage in as checked baggage which may incur increased charges.
32. FOREIGN EXCHANGE
This may be purchased up to sixty days prior to departure. The Client can place a foreign exchange order with his/her Travel Advisor. Foreign exchange regulation compliance is the Client’s exclusive duty. Compliance with all applicable legislation will also apply especially when the Client instructs the TMC to make and pay for travel arrangements on the Internet.
33. INTERPRETATION, LAW APPLICABLE AND JURISDICTION
33.1 Words implying the singular shall include the plural and vice versa, words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa.
33.2 The rule of construction in terms of which any ambiguity in the interpretation in these terms and conditions shall be interpreted against the Party responsible for the drafting of same shall not apply.
33.3 This agreement is governed by South African Law. The Parties hereby consent to the jurisdiction of the Durban Magistrate’s Court in regard to any action and/or proceedings based on/or arising from these Terms and Conditions.
33.4 This document reflects the only and full agreement between the Client and the TMC and there exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship.
33.5 The Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the TMC or otherwise that is not included herein. No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by the TMC, this document will always have preference.
33.6 The Client will be liable for all legal fees of an attorney and own client scale in the event that the TMC has to engage a lawyer to enforce or defend any of its rights or otherwise.
34. FORCE MAJEURE
The TMC will not be held responsible, or pay any compensation, if the performance of our contractual obligations is affected, cancelled, delayed or otherwise impacted upon by Force Majeure. The latter includes, but is not limited to, unforeseen circumstances, an act of God, fire, flood, drought, earthquake, windstorm or other natural disaster; an act of any sovereign including war (or threat of, or preparation for war), armed conflict (or threat of, or preparation for, armed conflict), invasion, act of foreign enemies, hostilities (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power or confiscation; acts of terrorism, civil war, civil commotion or riot (or the threat of, or preparation for, acts of terrorism, civil war, civil commotion or riot); civil emergency (whether an emergency be declared or not); fire or explosion (other than, in each case, one caused by breach of contract by, or with the assistance of, the party seeking to rely on it as a force majeure event or by a member of the same group as such party), adverse weather conditions; nationalization, requisition, destruction or damage to property by or under the order of any government or public or local authority; embargo, blockade, imposition of sanctions or breaking off of diplomatic relations or similar actions; radioactive, nuclear, chemical or biological contamination or sonic boom, pressure waves caused by aircraft travelling at sonic or supersonic speeds; law, or governmental order, rule, regulation or direction, judgment, order or decree; epidemic or pandemic; labour dispute including, but not limited to, strikes, industrial action, lockouts or boycott; interruption or failure of utility service including to electric power, gas, water, internet or telephone service; loss at sea; collapse of building structures; closure of airports, air traffic control delays, rescheduling of flights, hotels or airlines overbooking and technical problems.
35. SPECIAL ASSISTANCE, HEALTH & MEDICAL REQUIREMENTS
35.1 Clients needing special assistance must report any disability requiring special attention to the TMC at the time of Booking. While the TMC shall make reasonable efforts to accommodate them, such Clients should be aware that facilities for disabled individuals outside South Africa are limited. It is strongly recommended that such Clients be accompanied by a competent caregiver who is totally responsible for providing the required special assistance. Neither the TMC / TSS, nor its personnel, may physically lift or assist clients into transportation vehicles or provide special individual assistance to Clients with special needs for walking, dining or other routine activities.
35.2 Clients who have special requirements must specify such requests in writing to the TMC at the time of booking. Specific meals and seats (subject to fare rules) may be requested; however, this is never guaranteed and the TMC cannot be held liable for the incorrect meal or seat allocations as it is the sole responsibility of the TSS to honour the Clients’ requests.
35.3 Clients must check with their travel doctor which medical tests, vaccinations, inoculations, prophylactics for Covid, Malaria and the like are required by the country you are visiting. Clients should also check on the relevant websites whether you they may leave the airport at stopovers in countries enroute to their final destinations.
The Client hereby chooses the physical address furnished to the TMC by the Client as its chosen address for the purposes of receiving notices.
Any dispute, difference or question which may arise at any time hereafter between the parties touching the true construction of the terms and conditions or the rights and liabilities of the Parties hereto shall, unless otherwise herein expressly provided, be referred to the decision of a single arbitrator to be agreed upon between the parties, or, in default of terms and conditions for 14 (fourteen) days, to the appointed at the request of either party in accordance with, and subject to, the provisions of the Arbitration Act 42 of 1965 or any statutory modification or re-enactment thereof for the time being in force.
38. CONSULAR ADVICE
The TMC 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. The TMC 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.
39. UPDATING OF THESE TERMS AND CONDITIONS
The TMC reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to its website. It is the User’s obligation to periodically check these Terms and Conditions at the TMC’s website for changes or updates. The User’s continued use of the TMC’s website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the TMC shall remain the sole and exclusive property of the TMC. The Client furthermore undertakes not to circumvent the TMC 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 the TMC with any of the third party Travel Service 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 the TMC. (Last update – March 2021)
ADDENDUM TO AVOCA’S STANDARD TERMS & CONDITIONS OF CONTRACT
1. AIR TICKETS, 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 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 travelling party including minors who will also have to produce an Unabridged Birth Certificate. Please note that airlines may refuse boarding even if you have a valid visa.
2. 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.
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 by Avoca’s consultant based on the information currently available 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. 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 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 on-line 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 first flight and is non-refundable.
AIRLINE DELAYS & CANCELLED FLIGHTS – Avoca is not responsible for delays in departure or landing and/or cancelled 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 inconvenience caused by the airline to the passenger due to the delay and/or cancelled 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 endeavour 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.
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.
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.
5. 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 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 boarding 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 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 honoured. Avoca does not guarantee under any circumstances that any request for a refund or extension will be successful.
6. LOST / MISLAID BAGGAGE
Passengers should ensure that all baggage is securely locked or wrapped, labelled 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.
7. FREQUENT FLYER MILES
8. 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.
9. 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. 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 passengers frequent flyer membership.
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 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 travelling 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 check out the Client may settle the bill for any extras or have the cancelled 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 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 includes access to all resort amenities such as internet access, fitness centre, 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 has 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 charges 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 behaviour 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 cancelled 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 proceed 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 behaviour 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 reference 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 updated.
Avoca Travels (Pty) Limited
Addendum to T&C
Updated JAN 2017
COVID-19 ADDENDUM TO AVOCA TRAVELS STANDARD TERMS AND CONDITIONS OVERVIEW
Thank you for placing your valued enquiry / business with Avoca Travels. The COVID-19 Pandemic and the resultant lockdowns, travel bans, border closures and government restrictions have devastated the global travel industry. Given the constantly changing rules governing travel and the unprecedented challenges faced by the travel industry, we have listed the information below with regard to booking, cancellation and refund procedures that you should be aware of prior to making a booking at this time.
Avoca Travels is now in its 42nd year of successful operation. As accredited members of the Association of South African
Travel Agents (“ASATA”) and the International Air Transport Association (IATA) we believe in honest, transparent, fair and ethical business practice and conduct all business in accordance with our Standard Terms and Conditions of Business. Before making a booking, it is important that you read, understand and accept our Terms and Conditions and Addendums as they appear on our website www.avocaonline.co.za as well as this Covid-19 Addendum as it is our contract with you, to ensure and that you are fully aware of bookings, cancellations and refund conditions and procedures especially during Covid -19 and that we have met our undertaking to you.
Avoca Travels is committed to monitoring and adapting our approach to travel during these unprecedented and uncertain times by affording travellers both flexibility and security during the Covid-19 Pandemic. Given the pace at which the world continues to adapt, travel restrictions are changing constantly, you should confirm the accuracy of any information contained herein by consulting official government websites for updated information and guidance. This Addendum is applicable from 01 July 2021 and remains in place until such time that all restrictions impacting outbound travel from the Traveller’s home country and / or inbound travel to the destinations in their respective itineraries and / or restrictions on operations as a result of government imposed lockdowns, border closures, travel bans, flight, cruise and event cancellations and other such restrictive measures are lifted. Once these conditions are lifted, any bookings yet to travel or made under this Annexure are subject to Avoca Travel’s Standard Terms and Conditions of Business.
COVID TRAVEL DISCLAIMER
Please note that the Client is solely responsible to decide whether to travel or not during the COVID-19 Pandemic and should exercise all due caution as entry rules can change overnight and flights may be cancelled at the very last minute. Avoca is unable to advise Clients on whether to travel or not during COVID-19 and any information offered or opinion expressed by Avoca Travels cannot and should not be construed as advice per se. Under no circumstances whatsoever, will the Avoca Travels be held liable for any loss, damage or expenses directly or indirectly caused by the COVID-19 pandemic arising from travel decisions made by the Clients.
By proceeding to book their travel arrangements, the Client agrees to and accepts Avoca’s Terms and Conditions as well as the Terms and Conditions of its Third Party Travel Service Suppliers. By booking the selected flights with Avoca
the Client confirms that they have checked that there are no travel restrictions, in their country of departure, transit and arrival, that may affect their booking and that they have satisfied themselves on behalf of all travellers in the booking that they have the authority to legally proceed with making the booking. Avoca Travels cannot be held liable for any operational changes, cancellations or consequential damages or financial loss incurred by the Client or any traveller in the booking, in the event that flights are unable to operate as planned, including any disruptions, cancellations or changes to planned schedules. Please note that in the event that a flight is disrupted or cancelled due to the imposition of travel restrictions, each airline has its own cancellation /refund policy in this regard, which will apply to their booking.
At all times, Clients are solely responsible to ensure that they are fully compliant with all applicable Government Regulations under the Disaster Management Act for COVID-19 as well as all vaccination / other requirements stipulated by the Authorities at your point of departure, transit and final destination. Government / State Department Travel Advisories – frequently update travel advisory information to most destinations enabling Clients to make an informed choice that works for them.
Avoca Travels will not be held responsible, or pay any compensation, if the performance of our contractual obligations is affected, cancelled, delayed or otherwise impacted upon by Force Majeure. The latter includes, but is not limited to, unforeseen circumstances, an act of God, epidemic, pandemic, fire, flood, drought, earthquake, windstorm or other natural disaster; an act of any sovereign, including war (or threat of, or preparation for war), armed conflict (or threat of, or preparation for, armed conflict), invasion, act of foreign enemies, hostilities (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power or confiscation; acts of terrorism, civil war, civil commotion or riot (or the threat of, or preparation for, acts of terrorism, civil war, civil commotion or riot); civil emergency (whether an emergency be declared or not); fire or explosion (other than, in each case, one caused by breach of contract by, or with the assistance of, the party seeking to rely on it as a force majeure event or by a member of the same group as such party), adverse weather conditions; nationalization, requisition, destruction or damage to property by or under the order of any government or public or local authority; lockdowns, travel bans, border closures, embargo, blockade, imposition of sanctions or breaking off of diplomatic relations or similar actions; radioactive, nuclear, chemical or biological contamination or sonic boom, pressure waves caused by aircraft travelling at sonic or supersonic speeds; law, or governmental order, rule, regulation or direction, judgment, order or decree; labour dispute including, but not limited to, strikes, industrial action, lockouts or boycott; interruption or failure of utility service including to electric power, gas, water, internet or telephone service; loss at sea; collapse of building structures; closure of airports, air traffic control delays, cancellation and rescheduling of flights, hotels or airlines overbooking and technical problems.
AVOCA TRAVELS AS AN INTERMEDIARY
At all times, Avoca Travels acts solely as an intermediary, facilitating transactions between the Client / Traveller and third party Travel Service Suppliers and / or other suppliers engaged in, or associated with the Travel Industry, including inter alia, airlines, tour operators, hotels, shipping companies, car hire and other providers of air, land, sea or any other travel arrangements, products or services. To the best of our ability, Avoca Travels introduces you to Travel Service Suppliers who are found to be reputable, of good financial standing, supply quality products and services and share in our ethos of service with integrity.
The Client / Traveller is contracted to the third party Travel Service Suppliers independent of Avoca Travels and any
right of recourse the Client / Traveller may have will be solely against the said Travel Service Suppliers. All amounts paid to Avoca Travels in respect of the Services shall be deemed not to be held in Trust by Avoca Travels. Accordingly, any amounts paid over to third party Service Suppliers, are paid over on the Client’s / Traveller’s behalf pursuant to an implied instruction from the Client / Traveller when accepting a Quotation and effecting payment of Avoca Travels’ usual fees, charges or deposits.
All quotations or estimates provided by, or bookings / reservations made with and / or all services rendered or vouchers, receipts or tickets issued by or on behalf of the Client / Traveller are subject to Avoca Travels’ Standard Terms and Conditions as well as those of any third party Travel Service Supplier. It is the Client’s / Traveller’s responsibility to familiarise themselves with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed by the said Travel Service Suppliers.
When you purchase a flight ticket, you are entering into a contract with the Airline. The terms and conditions of your flight booking and contract with the airline are set out in that airline’s
Conditions of Carriage.
CANCELLATION BY THE CLIENT / TRAVELLER
The Client / Traveller acknowledges that all Avoca Travels’ third party Travel Service Suppliers and / or Service Suppliers have different terms and conditions relating to cancellation and refunds and whilst Avoca will endeavour, at the Client’s request, to assist with cancellations and refund claims, Avoca shall not be responsible for the forfeiture of any deposits, costs or charges paid or due to third party Travel Service Suppliers or other Service Suppliers, or the failure to obtain any refunds from any such third party Travel Service Suppliers on the Client’s / Traveller’s behalf especially during the Covid -19 Pandemic
The Client further acknowledges that the policies and terms and conditions of bookings, deposits and payments also vary according to the types of fares and the cancellation notice periods afforded by such Travel
Service Suppliers to the Client / Traveller having regard to the actual cancellation notice period given by the Client /
Traveller. The onus of timeously notifying Travel Service Suppliers of required cancellations in accordance with those terms and conditions shall remain exclusively with the Client / Traveller. The Client/ Traveller acknowledges that some tickets are non-refundable (irrespective of circumstances), whilst others may require significant notice periods, and furthermore these terms and conditions may vary with large group bookings. Any failure to cancel any booking will result in a total booking cost remaining payable by the Client/ Traveller which shall include any pre-payment that may have been affected on the Client’s / Traveller’s behalf by Avoca Travels.
In the event that the Client / Traveller cancels or postpones any bookings or travel ticket purchase, for any reason he / she must immediately notify Avoca Travels of such cancellation in writing and the cancellation will take effect on the date that Avoca Travels receives the said cancellation notice.
Avoca shall not impose any cancellation fee or claim any damages in respect of a Booking if the Client / Traveller is unable to honour the booking or reservation due to the death or hospitalization of the Client / Traveller, provided the Client / Traveller is the person for whom, or for whose benefit the booking, reservation or order was made.
CANCELLATION BY AVOCA TRAVELS REFUNDS whatsoever,
The Client / Traveller shall remain liable to Avoca Travels for all its usual fees which shall apply regardless of cancellation, whether in the nature of service fees, administration fees, or cancellation fees in respect of such services, regardless of any refunds that may be obtained for the Client / Traveller or notice periods afforded to Avoca Travels. In the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of the Client / Traveller, Avoca Travels reserves the right to claim the services, administration, communication and cancellation charges reasonable in the circumstances or specified in the booking confirmation and which charges will inter alia, depend on the debits Avoca Travels receives from the Travel Service Suppliers with whom the reservations were made on the Client’s / Traveller’s behalf.
Avoca Travels reserves the right to cancel any contract should its fulfilment be rendered impossible due to insufficient numbers, being impeded or frustrated by force majeure, act of God, epidemics, pandemics, lockdowns, travel bans, border closures, strikes, lock-out, civil commotion, terrorist activity, war, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of Avoca Travels. Additionally, Avoca Travels reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand.
Avoca Travels pays the Client’s / Traveller’s money over to the Travel Service Suppliers from whom refunds must be claimed. Avoca shall not be required to refund the Client until such time as Avoca has been refunded, if at all, by third party Travel Service Suppliers or any other service suppliers and all Avoca’s fees have been paid. Monies will be refunded in accordance with the third party Travel Service Suppliers refund policy which may include cancellation fees, administration fees, currency / bank charges or the denial of the refund application.
All refunds are subject to an administration fee imposed by Avoca as well as the retention of all service fees levied by
Avoca at the time of booking. Generally, no refunds are entertained by Avoca 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 due to force majeure, weather conditions and all circumstances beyond Avoca’s control.
Certain tickets are completely non-refundable according to airline rules and various other third party suppliers’ terms and conditions. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government travel warnings will not entitle the Client to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded. All risks trip cancellation and interruption insurance that includes cover for the refund of service and administration fees is therefore highly recommended and should be purchased at the time of booking.
In normal times, refunds may take up to 12 weeks and in exceptional cases even longer. As an intermediary, Avoca can
All correspondence pertaining to refund claims should be emailed to the Customer Services Manager at firstname.lastname@example.org for assessment. Where due,
Avoca will make refund payments within fourteen working days of claim resolution. Only assist in processing and following up on the Client’s application. Does Avoca or any of its employees guarantee a refund unless it is reduced to writing and provided by the third party. Under no circumstances whatsoever.
Travel Service Suppliers concerned.
During the Covid-19 Pandemic – in general, whether Client’s / Travellers are entitled to a refund for travel bookings cancelled due to government restrictions, will depend on the terms and conditions of their bookings. Third party Service Suppliers terms and conditions vary and in some cases Clients / Travellers might not be entitled to a full, or any, refund of their booking. Some terms and conditions may provide for the ability to re-book, offer credit notes or vouchers, rather than refunds for cancelled bookings. In some instances
many businesses are struggling to process the high number of cancellations at this time and we ask that Clients / Travellers contact Avoca Travels by email, rather than by phone, and try to remain patient. It may take smaller businesses more time to respond because the impact of this pandemic is both unprecedented and complex.
As flexible as Avoca Travels is being in relation to future travel, we highly recommend that Clients / Travellers purchase comprehensive, all risks travel insurance cover, including “cancel for any reason” (where still available) to ensure any funds lost may be recovered. There a many travel insurance providers that are able to cover some or all Covid-19 related reasons for cancellation.