Terms and Conditions

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Travel Booking Solutions


Associate Member



STANDARD TRADING TERMS & CONDITIONS OF BUSINESS

  1. LIABILITY
    1. The Company represents airlines, tour operators, service suppliers and other travel organisations as agents only, whether this be a specified itinerary out of a brochure or a tailored quotation. The Company will 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 their services, any person participating in any of these tours or packages become contractually bound to the supplier thereof.
    3. Neither the Company 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 hereby indemnify the Company accordingly. The Company 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 the Company acts as agents may be acquitted from responsibility in that they act as agents themselves or have contracted out of liability, as my the ultimate principals such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all travelers.

  2. BOOKINGS, CHANGE OF ARRANGEMENTS, ROUTES AND PRICES
    1. The booking? or the reservation? refers 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 the Company acts as agent, but excludes services of a peripheral nature as described or similar to those described in Clause 6.

      Any booking made by the Company constitutes a form of contract between you and the parties referred to in the above clauses and is consequently subject to the terms of the Company and such other parties conditions of agreement
    2. Wherever possible the Company shall 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 the Company?s behalf.
    3. 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 Company's control, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for your account.
    4. In the event that any hotel is unable to provide the accommodation confirmed to you, the Company?s policy is always to offer you an alternative hotel of similar classification, or better, and wherever possible such hotel will be located in the same location.
    5. Whilst every effort is made to keep to published itineraries, the Company reserves the right to make changes as are deemed necessary. In some cases, conditions such as weather conditions, technical difficulties, strikes and communication breakdowns, may necessitate an alteration to the tour itinerary and this does not constitute any ground for a refund.
    6. 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 the Company; part of all thereof shall be non-refundable. The deposit constitutes part of the booking conditions and the Company reserves the right to cancel any booking without prejudice, in the event of a deposit or part thereof not being received, timeously.
    7. The booking price quoted to you is based on fares, hotel prices, land costs and other relevant costs ruling at the date of the Company?s proposal. In the event of there being any increase in any of the aforegoing costs prior to the commencement date of any travel arrangements, such variation shall be for your account on request from the Company, as shall any increase in the booking price arising from fluctuation in rates of exchange.

  3. 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 to the contrary with the Company and such arrangements are confirmed by the Company in writing.
    2. Final payment is based on the quoted and confirmed price, less any deposit paid, plus any additional costs that may have been incurred.
    3. Aside from passport, visa and other peripheral service fees (additional fees), the Company reserves the right to claim late booking charges, communication, consultation, administration and amendment fees where applicable. Refer to service fees below.
    4. Interest at 2% per annum above the current prime bank overdraft rate will automatically be applied to all overdue amounts.
    5. For the business traveller who has a Corporate Account with the Company, the terms of credit are strictly payment on receipt of statement, and in any event not later than the 15th of the month following the date on which the debit was raised.

  4. 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 for the Company to affect insurance for you except after receiving detailed instructions given to the Company in writing by you. All insurance affected by the Company 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 the Company shall not be obliged to obtain separate cover for any tasks so excluded. The Company shall not be under any obligation to effect 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 the Company will not be under any responsibility or liability whatsoever in relation thereto.
    3. The Company will not be responsible should you fail to take adequate insurance cover.
    4. Queries must be addressed to the principal insurer as the Company shall not in any way be held responsible for any and/or all information given by their staff in this regard.

  5. PERIPHERAL REQUIREMENTS
    1. The Company will endeavour to assist you in obtaining passports, visas, health documentation, insurance, foreign exchange, Reserve Bank and other bank approvals, customs and immigration regulations information as well as other peripheral requirements or services falling outside the actual travel arrangements made with principals and other parties. For whom the Company acts as agents and referred to as the booking or the reservation, these are subject to certain conditions.
    2. Please note: It is ultimately the passenger?s responsibility to make sure they are in possession of valid passports, together with the necessary visas, health documents, & travel insurance.
    3. Due to the constant changing nature of such peripheral requirements and services, the Company will do its utmost in ensuring the accuracy of such information, but cannot be held liable for the inaccuracy of any information or any lack of information relating to such requirements and/or services.
    4. In accepting the Company's recommendations you also accept that the Company will not be liable for any loss of or damage to passports, visas, documentation or cash whilst it is NOT in the Company?s immediate possession. The Company will in any event not be liable for any consequential loss whatsoever arising there from and furthermore, the Company does not guarantee that it will be successful in obtaining passports and visas for which applied, and your applications thereto are submitted to the Company subject to these conditions.

  6. CANCELLATION
    1. The Company will undertake its best endeavours to provide the services required by you, but in the event of cancellation or part of or all of the booking by you, the Company reserves the right to make service, administration, communication and cancellation charges. Furthermore it is a condition of business that such charges made by the Company are over and above any cancellation charges made by Principals and other parties with whom the booking is held.
    2. Failure to cancel timeously and in writing will result in the total travel arrangement costs being payable/forfeited (i.e. 100% cancellation fees).

  7. RESPONSIBILITY
    1. The Company will provide, on request, the identity, Terms and Conditions of our Principals and other parties for whom we act directly as agent, relevant to the service being provided in the booking.

  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 Magistrates 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 the Company and any variation and/or extension thereof shall not be valid unless agreed to by both parties in writing.

  9. DISCLAIMER
    Please note that all fares & rates quoted are subject to change without prior notice due to currency fluctuation & fuel increases at the airline or operator's discretion.  Upstream Travel acts on behalf of all operators, hotels, airlines & car hire companies and therefore cannot be held liable for any unforseen increases and / or changes.   It is imperative that you are sufficiently insured each and every time you travel.

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