1. ROLE OF SOUTHERN AFRICA 360
The role of Southern Africa 360 Luxury Holidays (hereafter referred to as Southern Africa 360) to create tours and itineraries to fit the requirements of our travellers. In doing so, Southern Africa 360 may use independent suppliers for the provision of selected services. However, Southern Africa 360 accepts responsibility for the proper performance of the booking agents’ (hereafter referred to as the “client”) contract with us, subject to the following booking conditions.
2. AUTHORITY ON TOUR
The travellers must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour. In addition, the client and traveller acknowledge that any disruptive, dangerous, or potentially dangerous behaviour during the tour shall not be tolerated and that Southern Africa 360, its employees, representatives, agents and/or contractors being so authorised, reserve the right to exclude the traveller from the tour at any point therein in such circumstances. Southern Africa 360 shall not be liable for any costs and/or expenses for the traveller resulting from exclusion as aforesaid, and the client and traveller shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
To make your booking, please make sure you have the correct names, nationalities and date of birth of all travellers – as per their passport. Southern Africa 360 will hold an option of 7 days from the time Southern Africa 360 have confirmed a tour, before the cancellation rules apply. If our service or a tour is booked less than 7 days prior to the service is rendered or the tour commences, cancellation rules will apply immediately. If you need longer time, please let us know. If a tour or hotel is fully booked Southern Africa will try to offer you an alternative property of a similar standard and location. A booking fee of R 250 will be charged if the booking includes less than 3 nights’ accommodation, car rental only or transfer only.
If cancellation is made 60-45 days prior to departure, a penalty fee of 25% of the total price of the tour will be levied. If cancellation is made 44-31 days prior to departure, a penalty fee of 50% of the total price of the tour will be levied. For any cancellation made within 30 days before departure, 100% cancellation will apply, we are unable to offer any reimbursement. No refunds will be given by Southern Africa 360 for no-shows. The payment of bank fees for credit card payments and/or bank transfers are the responsibility of the customer and are strictly non-refundable. Cancellations must be made in writing and delivered either by hand, post, fax or electronic mail. In the case of death or serious illness, special cancellation terms can be negotiated if Southern Africa 360 is presented with an officially approved death/sickness certificate, this may not always result in a refund and is subject to our supplies or independent contractor’s terms and condition. Cancellation terms may also need to be amended according to specific supplier policies, however these will be communicated on confirmation.
Southern Africa 360 reserves the right to make changes to brochure and website details and arrangements both before and after the booking has been made. Most changes will be minor, but if Southern Africa 360 has to do significant changes you will be notified at the earliest possible opportunity. In such cases you will have the opportunity to accept the changes or to receive a full refund. Some service prices, such as (but not limited to) park fees, government levies and airport taxes are not in the control of Southern Africa 360. In the event of these prices being changed at any date Southern Africa 360 will charge the supplement to the client at cost.
Children travellers between the ages of 0 – 17 are welcome to travel with Southern Africa 360 on a request basis and must be accompanied by an adult. Children/dependants travellers between the ages of 18 - 21 are welcome to travel with Southern Africa 360 independently but will require a letter of consent signed by a parent or guardian.
7. CLIENT CHANGES
Should a traveller wish to make a change to their booking, we will endeavour to assist to make the change wherever this is possible. The client and traveller will have to pay all charges, whatever kind, imposed by the suppliers providing that component part of the travel arrangements when amending a booking any time prior to departure. Fares will be re-quoted at the time of amendment. An administration fee of R 100 per traveller will be charged for each amendment and / or cancellation. After departure it is understood that extra expenses incurred as a result of any change will be for the travellers’s account, and any unused service will not be refunded. Amendments and cancellations en route must be made with us directly.
Should a problem occur, please advise both Southern Africa 360 and the service supplier in question immediately, as most problems can be solved on the spot. Should you remain dissatisfied, please write to us setting out the complaint in detail within 28 days of the end of our services under the contract. Southern Africa 360 cannot accept responsibility for any complaints that are not notified entirely in accordance with this clause. Should any legal dispute arise it must be settled in Cape Town, South africa according to and depending on which Southern Africa 360 booking office(s) was/were used for the rendered services.
It is the client and traveller’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour. Southern Africa 360 shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the traveller’s documentation and related matters as contemplated herein. Should assistance be needed in obtaining travel documents this must be done in writing so that Southern Africa 360 can action.
10. FORCE MAJEURE
Force Majeure means those circumstances where the performance of our contract with you is prevented or affected by reasons of war, threat of war, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, government actions and all similar events beyond our control. In these circumstances, Southern Africa 360 shall not be liable for any compensation or otherwise responsible for any expenses or losses the client might incur.
Each tour package comprises of one or more service components: the organization of transport, meals, entrance fees, accommodation and/or other facilities or services. Southern Africa 360 has no direct day-to-day control over its suppliers. Accordingly Southern Africa 360 accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience which may be occasioned by any defect in any object (including a vehicle) utilised by any supplier for the supply of any service or by an act or omission of any supplier or its servants or agents. Southern Africa 360 shall not be liable for any loss or expense arising from the loss of property, cancellation or curtailment of the tour however caused, save only to the extent that such loss of baggage, cancellation or curtailment was caused by the Southern Africa 360 negligence. If sickness or accident interrupts a tour, Southern Africa 360 shall not be liable for any cost or expense arising there from, save only to the extent that such sickness or accident (beyond any reasonable doubt) was caused by Southern Africa 360 willful act or gross negligence. Southern Africa 360 shall not be liable for any refund, either total or partial, of passage money paid. Southern Africa 360 recommends the travellers to take out necessary insurance to protect against such eventuality. Southern Africa 360 needs to receive any claim in writing within 28 days after the end of our services under the contract. Where any payment is made, the client will assign to Southern Africa 360 or our insurers any right the traveller may have to pursue any third party in relation to the claim and provide us with your full co-operation. Carriers etc: In respect of air, sea and rail carriers, land vehicles and hotel owners Southern Africa 360 liability is in all cases limited as if Southern Africa 360 were carrier/hotelier within the relevant and appropriate international conventions. Furthermore, all transport is provided subject to the relevant carrier’s conditions of carriage, some of which may limit or exclude their liability to the traveller, often in accordance with international conventions. General: Please note our responsibilities and obligations apply only in respect of those services, which Southern Africa 360 agree to arrange or provide on the traveller or client’s behalf. Southern Africa 360 cannot accept any liability for any services arranged on the traveller or client’s own.
One suitcase and one overnight bag per traveller is allowed. Should client’s luggage exceed this Southern Africa 360 needs to be notified prior to arrival and any additional costs which need to be incurred with regards to transportation (adding of a trailer, larger vehicle, etc.) will need to be covered by the client. Southern Africa 360 accepts no responsibility for loss or damage to luggage or personal property from whatsoever cause arising. Travellers are advised to take up adequate insurance cover.
Southern Africa 360 reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client and traveller hereby consents to such use. The client and traveller further agrees that Southern Africa 360 shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client and traveller hereby assigns copyright in such photographs and/or videos to Southern Africa 360.
14. METHODS OF PAYMENT
Cash or EFT Transfers: We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves.
We are able to facilitate credit card payments and these will incur a service fee.
15. PASSPORTS, VISA & HEALTH
It is entirely the traveller’s duty to ensure that all passports & visas are current, valid, obtained on time and that any vaccinations, inoculations, prophylactics (e.g. for malaria) and the like, where required, have been obtained. Passports must be valid for 6 months and include at least two black pages. The traveller is required to check the requirements with the client before travelling. Southern Africa 360 will endeavour to assist the traveller but such assistance will be at our discretion and the client and traveller acknowledges that in doing so, Southern Africa 360 is not assuming any obligation or liability and the client and the traveller indemnifies Southern Africa 360 against any consequences of non-compliance. It is the traveller’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements. The traveller must ensure that the details supplied to Southern Africa 360 mirror those details shown on their passport for international travel and ID documents for local travel.
Deposits: 25 % deposit must be paid upon confirmation up to 45 days prior to arrival, thereafter 100% due immediately upon confirmation. Final payment: 45 days before arrival. In certain cases, like the luxury trains and certain safaris Southern Africa 360 Luxury Holidays needs the final payment 60 days before commencement of services. If payments have not been received in time, Southern Africa 360 Luxury Holidays reserves the right to cancel the booking.
All prices are based on costs at the time of publication. Southern Africa 360 reserve the right to change the prices at any time before your booking is made. Southern Africa 360 will confirm price changes, if any, together with our confirmation of your booking. For trips in Namibia & South Africa rates given in a currency other than respectively NAD (Namibian Dollar) and ZAR (South African Rand) are subject to change in case of substantial variation of the exchange rate. For trips in Botswana, Zimbabwe & Zambia rates given in a currency other than in USD (American Dollars) are subject to change in case of substantial variation of the exchange rate.
18. UNSCHEDULED EXTENSIONS AND DELAYS
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of Southern Africa 360, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the traveller. Southern Africa 360 accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.
19. TRAVEL INSURANCE
It is strongly advised that all travellers and/or client take out adequate insurance cover such as cancellation due to illness, worldwide epidemics such as SARS, Coronavirus, etc, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. Southern Africa 360 will not be responsible or liable if the traveller and/or client fails to take adequate insurance cover. Should the insurers dispute their liability for any reason; the traveller and/or client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which Southern Africa 360 does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain specific details of the cover as this is your responsibility.
Southern Africa 360 has a strong commitment to providing excellent service to all of our customers and visitors of our Website, including respecting concerns about privacy. Southern Africa 360 will explicitly ask when we need information that personally identifies the traveller or allows us to contact traveller (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. The traveller and the client agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent their affiliation with anyone or anything.
The purposes for which Southern Africa 360 will use your personal information are as follows: to transact with traveller and client via the website or email regarding reservations, to provide services via our website; to inform the traveller and client of new features, services, special offers and products (provided they have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which they specifically provided the information; to improve their experience on our website.
Southern Africa 360 shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Southern Africa 360; (b) to protect and defend the rights or property of Southern Africa 360, and (c) for the purposes of distributing same to various employees and/or third parties who assist Southern Africa 360 in providing services and thus need to know the travellers personal information in order to render a proper and efficient service. We will ensure that all such employees and/or third-party service providers having access to the traveller’s personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the traveller’s personal information.
WHILST SOUTHERN AFRICA 360 IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT THE TRAVELLER CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION BEYOND THE REASONABLE CONTROL OF SOUTHERN AFRICA 360.
Southern Africa 360 will:
treat the traveller’s personal information as strictly confidential; > take appropriate technical and organizational measures to ensure that their personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; > promptly notify the client if we become aware of any unauthorised use, disclosure or processing of the traveller’s personal information; >provide the client with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and > upon the client’s request, promptly return or destroy any and all of the traveller’s personal information in our possession or control.
We will not retain the traveller’s personal information longer than the period for which it was originally needed, unless we are required by law to do so, or the client and/or traveller consent to us retaining such information for a longer period.
In the event that Southern Africa 360 renders any services to the client, these terms and conditions shall also regulate the provision of such services by Southern Africa 360 to the client.
Should the traveller or the client be domiciled outside the republic of South Africa, this Agreement and all contracts of sale between the traveller and the client and Southern Africa 360 shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the South African Courts shall have sole jurisdiction in respect thereof.
In the event of it being necessary for Southern Africa 360 to instruct its attorneys as a result of any breach of these conditions by the traveller and/or the client or to recover any amounts owing to Southern Africa 360, the traveller and/or the client agrees to pay for all legal costs on the attorney and client scale inclusive of collection commission, tracing charges, validation fees and stamp duties on any form of security Southern Africa 360 may require from the traveller and/or the client.
The traveller and the client choose the address appearing in the contract as its chosen domicilium citandi et executandi. The traveller and the client hereby consent to the receipt of any notices that may be sent by email, at the email address on the contract.
The invalidity of any clause or part thereof of these terms and conditions will not effect the validity of the rest of the terms and conditions.
The client warrants that, as at the signature date of this application, it is not in business rescue in terms of Chapter 6 of the Companies Act 2008 (“business rescue”) and has not made any application to be placed under business rescue. Furthermore, the client warrants that it does not have any intention of making application for business rescue and is not aware of any current or pending circumstances relating to the business that could give rise to an application for business rescue.
The client agrees that in the event that the client is placed under business rescue the conclusion of any compromise of the debt under such approved business rescue plan will not reduce the liability of any person or entity that has signed surety for the debts due by the client to Southern Africa 360 and such surety shall remain liable for the full amount of the debt that was due before such compromise, notwithstanding that it is acknowledged, agreed and understood by the client that the surety may be entitled to have recourse against the client for amounts paid by the surety to Southern Africa 360 pursuant to such suretyship.
It shall be within the discretion of Southern Africa 360 as to whether to proceed against the traveller and/or the client in the Magistrates Court or the High Court, having regard to the following in terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the client hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against it by Southern Africa 360 in terms hereof.
AGREEMENT REGULATING ACCESS, PROCESSING & STORAGE PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT (“POPIA”)
In this agreement, the following words bear the meanings associated with them below:
“Personal Information” means information relating to an identifiable, living, natural person, including:
- Financial information related to a person, including information provided by the client, or information obtained from a Credit Bureaux or from CIPC (the Companies and Intellectual Property Commission);
- Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; and/or
- The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about that person.
“Data Subject” means each director of the client and each shareholder of Southern Africa 360 that is a natural person.
In the course of Southern Africa 360’s client verification and vetting processes, Southern Africa 360 will collect and process Personal Information related to Data Subjects.
The Southern Africa 360 is committed to ensuring that any processing of Personal Information related to Data Subjects is limited to the express purposes of opening and management of an account for the Customer and that such processing is compliant with POPIA.
IT IS HEREBY AGREED THAT:
- The client consents to the collection, processing and storage of Personal Information by Southern Africa 360 related to Data Subjects, for the purposes of both the opening and ongoing management of a customer account.
- The client warrants and represents that:
- it has concluded a contract with each Data Subject; and that in terms of such contract, the client has obtained the consent from such person to the processing of Personal Information by suppliers in the process; and
- the processing of Personal Information by the Southern Africa 360 is necessary for the legitimate interests of Southern Africa 360 in Southern Africa 360’s process.
- The client warrants that all Personal Information supplied to Southern Africa 360 is accurate, up to date, is not misleading and that it is complete in all respects.
- The client undertakes to immediately advise Southern Africa 360 of any changes to the relevant Personal Information of a Data Subject, but not limited to, a change of ownership or control in the client.
- Southern Africa 360 undertakes:
- to act in accordance with POPIA in relation to the collection, processing and storing of Personal Information related to the Customer. The processing of Personal Information by the Company will be limited to the purposes set out herein and will not be excessive;
- not to disclose the client’s Personal Information unless it is legally or contractually required or for its legitimate business purposes; and
- to use reasonable efforts in order to ensure that Personal Information related to Data Subjects in its possession or processed on its behalf is:
- kept confidential;
- stored in a secure manner; and
- processed in terms of the provisions of POPIA, and, for the purposes for which Southern Africa 360 has been authorized;
- to take reasonable steps to identify risks associated with the processing of the client’s information and establish safeguards against any such identified risks; and
- to take reasonable steps to ensure that the client is notified in the event of a breach of the confidentiality of the Clients Personal Information.
- The client has a right to lodge a complaint with the information Regulator if the client if it is of the view that its rights in terms of POPIA have been breached.