1.
Preamble
1.
Harvey World Travel Manor Ltd, Registration Number 97-02475-07 ("Harvey
World Travel Manor") carries on business under the regulations of the
Association of South African Travel Agents ("ASATA") and provides
clients (YOU/YOUR) with travel and/or other services on behalf of principals
and/or other agents 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. Harvey World Travel Manor will provide, on request, the
identity, terms and conditions of all our principals and other parties for whom
we act directly as agent relevant to the service being provided for YOUR
booking.
2.
Liability
1.
Harvey World Travel Manor represent airlines, tour operators, service suppliers
and other travel organizations as agents only, and accordingly on receipt by
Harvey World Travel Manor of any bookings in a brochure or tailored quote.
Harvey World Travel Manor shall transmit any such booking to the supplier
concerned and endeavour to secure timeously all reservations and arrangements.
2.
All vouchers, receipts and tickets are issued subject to the terms and
conditions specified by the suppliers and, by accepting the vouchers and
tickets and/or utilising the services any person participating in any of Harvey
World Travel Manor' tours or packages become contractually bound to the
supplier thereof.
3.
Neither Harvey World Travel Manor nor any holding, parent, subsidiary, affiliated
or associated company or representative shall be liable for any loss, injury
of, or damage to your person and/or belongings whatsoever and you indemnify
Harvey World Travel Manor accordingly. Harvey World Travel Manor furthermore do
not accept liability for any actions, errors or omissions on the part of any
principal or third party and/or their agents, which may be prejudicial to you
or result in loss in any way or form whatsoever.
4.
Those parties for whom Harvey World Travel Manor act as agents may be acquitted
from responsibility in that they act as agent themselves or have contracted out
of liability, as may the ultimate principals such as hotels, car hire and coach
operators, and it is therefore recommended that appropriate insurance be taken
out for all travelers.
3.
Bookings, Change of Arrangements, Routes and Prices
1.
"The booking" or "the reservation" refer to part, or all of
the travel arrangements for transportation, accommodation, sightseeing and
other linked travel services made on behalf of a client with principals and
parties for whom Harvey World Travel Manor acts as agent, and excludes services
of a peripheral nature as described or similar to those described in Clause 6.
2.
Any booking made by Harvey World Travel Manor constitutes a form of contract
between you and the parties referred to in the above clause and is consequently
subject to the terms and of Harvey World Travel Manor and such other parties
conditions of agreement of business.
3.
Wherever possible, Harvey World Travel Manor will endeavour to confirm the
status of any booking in writing, but we may not always be able to do so. In
such cases, failure to provide written confirmation shall not be considered to
negate the validity and conditions of the booking or to constitute an act of
negligence on behalf of Harvey World Travel Manor.
4.
In the event of there being an unscheduled extension to the booking caused by
flight delay, bad weather, strike or any other cause that is beyond the control
of Harvey World Travel Manor, it is understood that expenses relating to these
unscheduled extensions (hotel accommodation, etc) will be for your account.
5.
In the event that any service provider/principal is unable to provide the
service confirmed to you, Harvey World Travel Manor policy is always to offer
you alternative arrangements of similar classification, wherever possible in
the same area.
6.
Whilst every effort is made to keep to published itineraries, Harvey World
Travel Manor reserve the right to make changes as are deemed necessary. In some
cases, conditions such as the weather may necessitate an alteration to the tour
itinerary and this does not constitute any ground for a refund.
7.
Unless full payment is due at the time of making the booking, all bookings must
be accompanied by the requested deposit or guarantee of a deposit to Harvey
World Travel Manor-part or all hereof may be non-refundable. The deposit
constitutes part of the booking conditions and Harvey World Travel Manor
reserve the right to cancel any booking without prejudice, in the event of a
deposit or part thereof not being received.
8.
The booking price quoted to you is based on fares, hotel prices, land costs and
other relevant costs ruling at the date of Harvey World Travel Manor' proposal.
In the event of there being any increase in any of the aforegoing costs prior
to the start date of any booking, such variation shall be for your account on
request by Harvey World Travel Manor, as shall any increase in the booking
price arising from the fluctuation in rates of exchange between the date on
which the booking was quoted and the start date of any booking.
4.
Payment and additional charges
1.
Final payment for any booking must be made at least six weeks prior to
departure, unless specific arrangements have been made with Harvey World Travel
Manor and such arrangement confirmed in writing by Harvey World Travel Manor.
2.
Final payment is based upon on the quoted and confirmed price, less any deposit
paid, plus any additional charges that may have been incurred.
3.
Aside from passport, visa and other peripheral service fees (additional fees),
Harvey World Travel Manor reserve the right to claim the late booking charges,
communications, consultation, administration and amendment fees where
applicable.
4.
Interest at 2% above the current prime bank overdraft rate will automatically
be applied to all overdue amounts.
5.
For the business traveler who has a corporate account with Harvey World Travel
Manor, the terms of credit are strictly payable on presentation of statement
dealing with such account.
6.
Any invoice and/or statement received by you shall be payable in full and no
deduction or alteration may be made by you should all or any part of the
services booked by Harvey World Travel Manor be unused for any reason.
5.
Insurance
1.
Assistance to obtain travel insurance in terms of Section 22 of the Tourism
Act, 1993, is available on request.
2.
It shall not be obligatory upon Harvey World Travel Manor to effect insurance
for you except upon detailed instructions given in writing by you and all
insurance affected by Harvey World Travel Manor pursuant to such instruction
will be subject to such exceptions and conditions as may be imposed by the
insurance company or underwriters accepting the risk, and Harvey World Travel
Manor shall not be obliged to obtain separate cover for any risks so excluded.
Harvey World Travel Manor shall not be under any obligation to affect a
separate insurance for each customer, but may declare it on any open or general
policy. Should the insurers dispute their liability for any reason, you will
have recourse against the insurers only and Harvey World Travel Manor will not
be under any responsibility or liability whatsoever in relation thereto,
notwithstanding that the premium of the policy may not be at the same rate as
that charged by Harvey World Travel Manor or paid to Harvey World Travel Manor
by you.
3.
Harvey World Travel Manor will not be responsible if you fail to take adequate
insurance cover.
4.
Queries must be addressed to the principal insurer, as Harvey World Travel
Manor shall not in any way be held responsible for any and/or all information
advanced by its staff in this regard.
6.
Peripheral Requirements
1.
Harvey World Travel Manor will endeavour to assist you in 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 principals and other
parties for whom Harvey World Travel Manor act as agents and referred to as
"the booking" or "the reservation", but due to the constant
changing nature of such peripheral requirements and services, Harvey World
Travel Manor cannot be held liable for ensuring that these requirements and
services are provided correctly or timeously or at all, nor the accuracy of any
information or any lack of information relating to such requirements and/or
services.
7.
Cancellation
1.
Harvey World Travel Manor will undertake to endeavour to provide the services
required by the customer, but in the event of cancellation of the booking for
any reason whatsoever, partially or in full, by or on behalf of you, Harvey
World Travel Manor reserve the right to claim the services, administration,
communication and cancellation charges which will inter alia depend on the
debits Harvey World Travel Manor receive from its suppliers.
2.
Failure to cancel will result in the total booking cost being payable.
3.
Harvey World Travel Manor reserve the right to discontinue and summarily cancel
any agreement in respect of which payment have fallen in arrears, and in the
event of this right being exercised, the fully balance still owing shall
immediately become due and payable on demand.
8.
Interpretation, Law Applicable and Jurisdiction
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.
2.
This agreement is governed by South African Law.
3.
The Parties hereby consent to the jurisdiction of the appropriate Magistrate's
Court in regard to any action and/or proceedings based on/or arising from these
Standard Conditions of Business.
4.
This document reflects the only and full agreement between you and Harvey World
Travel Manor and any variation and/or extension thereof shall not be valid
unless agreed to both by the Parties in writing.
5.
In the event of a clash and/or uncertainty in meaning and/or interpretation
between this and any other document issued by Harvey World Travel Manor, this
document will always have preference.