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All reservations are made in
strict accordance with the below booking conditions, which
will, without fail, be adhered to. Please ensure that you have
acquainted yourself with all conditions, and note that all
confirmations received are an acknowledgement that you have
read, understand and adhere to these conditions.
In these conditions ‘Postcard Moments’ shall
mean Postcard Moments CC and its associated and subsidiary
companies and ‘you’ shall mean any person or body corporate
who makes a reservation for and/or embarks on any form of
travel, service and/or accommodation arranged by Postcard
Moments for the group tour and each and everyone of the
persons who are travelling on the group tour.
The person requesting such quotations or
estimates or making such booking or to whom any service is
rendered, is deemed to have read and accepted the
conditions and to have the authority to do so on behalf
of the person in whose name the estimate or quotation or
reservation is requested and/or provided and/or the person to
whom the services are rendered
1.
Quotations and Prices
All prices quoted to you by Postcard
Moments or its agents are based on accommodation and airfare
rates, land and other travel costs, transfers, cruises and
tours (‘the Tariffs’) and the rates of exchange prevailing at
the time of quotation. Postcard Moments expressly reserves the
right to adjust its prices in accordance with any increases in
the Tariffs and/or variations in currency fluctuations which
occur subsequent to your being given an estimate by Postcard
Moments or its agent, until such time as full payment has been
paid to Postcard Moments, or if the booking is subsequently
amended after full payment, whichever is the later. Should
yours be a group booking and the group number deviate
from the number required for the Booking, the supplier may
reserve the right to re-cost the Tariffs and raise a
surcharge. Should any you refuse to accept and pay such
surcharge, it may result in the supplier may cancelling
the Booking and retain any payment made (The Travel Agent will
be entitled to retain any service fees charged).
2.
Airport, Port and Other Taxes
You are liable for all airport,
airline and port taxes, levies and surcharges (‘the Taxes’).
In the case of those countries which require pre-payment of
the Taxes, you will be invoiced for the Taxes, which must be
prepaid to Postcard Moments prior to any documentation being
issued to you. In the case of those countries which only
require payment of the Taxes prior to departure from the
country, you will pay the Taxes at the airport or departure
point. In the same way, port and airport levies and all other
surcharges for car and all other types of vehicle and/or
yachts, boats and barge rental may either have to be prepaid
by you or may need to be paid by you at the airport port
and/or port.
3.
Reservations
On making a reservation less than 8
weeks prior to departure, you must pay the total amount of
your reservation including the Taxes (‘the Total Price’) to
Postcard Moments before the reservation will be processed.
Failure to pay the Total Price within 48 hours of you or your
agent being provided with an Invoice shall nullify the
estimate. When making a reservation more than 8 weeks prior to
departure you must pay a non-refundable, non-transferable
deposit equal to the greater of 50% of the Total Price or
within 48 hours of you or your agent being provided with an
Invoice as failure to do so will nullify the estimate. The
full balance of the Total Price must be paid as per the
booking form. Postcard Moments reserves the right to
cancel any reservation if the Total Price has not been paid to
Postcard Moments on this date, in which event all amounts paid
by you to Postcard Moments shall be forfeited and may be
retained by Postcard Moments as liquidated damages. If the
full balance is not received on time, the travel documents can
be delayed and may necessitate the use of a courier service,
which will be for your account unless Postcard Moments
exercise their right to cancel the reservaton as aforesaid.
4.
Late Booking Fees
In all cases where a booking is made
less than 14 days prior to departure, due to the high cost of
processing late bookings, Postcard Moments shall levy a
non-refundable late booking fee equal to the greater of R200
plus vat or 2,5% plus vat of the Total Price.
5.
Amendment Fees
Due to the extra costs involved,
Postcard Moments shall levy an amendment fee (‘the Amendment
Fee’) equal to the greater of R200 plus vat or 2,5% plus vat
of the value of the transactions being amended, on each
occasion that you wish to amend a confirmed estimate or
reservation. Postcard Moments shall require that you pay the
Amendment Fee in advance before it will endeavour to amend the
estimate or reservation, which amendment shall be made subject
to availability.
6.
Service Fees
Due to the high cost of processing
transactions Postcard Moments shall levy a service fee of R100
for reservations with a Total Price equal to less than R1000
or, if in respect of transactions that only involve the
issuing of an air-ticket, shall levy a service fee equal to
the greater of R100 or 10% of the price of the air ticket,
excluding the Taxes.
7.
Unscheduled Extensions
and/or Cancellations
Postcard Moments shall not be
responsible for any delays and/or cancellations either prior
to departure, or during the course of any travel undertaken,
whether caused by technical difficulties, strikes, weather,
war or any other circumstance whatsoever due to circumstances
beyond the control of Postcard Moments. You will be
responsible for all expenses incurred relating to any
unscheduled extensions or cancellations, such as hotels,
meals, flights, telephone calls, clothing, toiletries, etc.
and you will have no claim against Postcard Moments.
8.
Unused Services
No refunds of whatsoever nature will
be made for unused services.
9.
Itinerary Variation
While every effort is made to keep
to itineraries quoted for, and to provide hotels, apartments
and ship berths booked, Postcard Moments reserves the right to
make changes if it considers it in your best interest that it
should do so and/or if unforeseen circumstances result in this
becoming necessary. Any variation or change to any itinerary
does not constitute grounds for you to claim a refund.
It is your duty to check each amendment to the
itinerary and also to sign the final one.
While it is possible to break away from the
itinerary, it is understood that such breakaways will be for
your account.
10.
Passports, Visas & Health documents
You must establish the correct
requirements and must timeously obtain, entirely at your own
expense and risk, all passports, visas, drivers licences and
health documents required for your travel, which must be valid
for six months after you return, and for getting innoculations
and taking prophylactic if visiting a high risk malaria or
other tropical disease area (‘the Statutory and Health
requirements’). Postcard Moments shall not be responsible for
any losses whatsoever, resulting from you not meeting the
Statutory and Health requirements or for delays in the
acquisition process thereof. You are also responsible for
familiarising yourself with the inherent dangers of and the
mental and/or physical condition required for your travel
arrangements.
11.
Airlines & Reconfirmation of Flights
The passenger ticket in use by the
airline, when issued, shall constitute the sole contract
between the airline and the purchaser of these tickets and/or
the passengers using them. You are responsible for
reconfirming all flights at least 72 hours prior to departure.
Postcard Moments shall not be responsible for any losses
whatsoever resulting from an airline, for whatever reason,
refusing to allow you to embark.
12.
Liabilities
Postcard Moments makes every effort
to ensure that all services connected with its travel
programmes will be carried out in the most efficient way
possible. However as it does not have any control over
services provided by its suppliers, for whom it is acting in
the capacity as agents, Postcard Moments shall not be liable
for changes, omissions or delays, before or during the course
of any of the holidays or other forms of travel, whether
occasioned by technical difficulties, weather conditions,
strikes, communication breakdowns, or any other cause
whatsoever including the negligence of the supplier.
13.
Cancellations
If, for whatever reason, you cancel
a reservation you must do so in writing and you shall be
liable to Postcard Moments for cancellation charges, levied
and payable as below:
Period of cancellation:
Amount forfeited:
8 weeks or more before departure 20% of total price
6-8 weeks before departure 30% of total
price
4-6 weeks before departure 50% of total
price
2-4 weeks before departure 60% of total
price
Less than 2 weeks before departure 100% of total price
If you miss any departures or fail to depart when scheduled,
or are not at the required meeting point at the agreed time,
no portion of the Total Price is refundable. All cancellation
fees are subject to Value Added Tax.
14.
Prices do not include
Prices do not include any items not
specified. Transfers between airports, harbours and hotels as
well as entertainment, sports, meals and beverages are not
included, unless specified as included. Telephone calls and
all other items of a personal nature are excluded.
15.
Special Requests
If you specify any special requests
you may have when you make your booking, Postcard Moments will
make every effort to comply with special requests but shall
not be liable if, for whatever reason, they are not met.
16.
Responsibility Clause
Postcard Moments acts as an agent
only in developing, operating and selling holidays, tours and
other travel arrangements and as these are not under the
control of Postcard Moments, you agree that Postcard Moments
shall not be liable for any loss, damage, injury, accident,
medical expenses, illness, death, delay or any other
irregularity that may be occasioned by any defect in any
vehicle, or other form of conveyance, or other form of
equipment, or by error or default of any body corporate or
person engaged in conveying you and in carrying out travel
arrangements for you, or otherwise in connection therewith, or
from whatsoever cause. You also agree that Postcard Moments
shall not be liable to you for consequential or indirect
losses or damages you may suffer.
If you nevertheless wish to assert a claim
against Postcard Moments, such claim must be lodged in writing
with Postcard Moments within 30 (thirty) days after the end of
your trip. Such liability will be subject to a limitation of
R10 000,00 per person per booking.
17.
Accommodation
Postcard Moments seeks confirmation
in respect of all of the types of accommodation it sells (‘the
Accommodation) that the information, facilities, gradings
and/or standards stated in Postcard Moments brochures,
advertising and itineraries is accurately and truthfully
represented. As a result, if you make a claim of poor
standards of service, non-availability of services and/or mis-representation,
or improvements or renovations being carried out during your
stay, you agree that your claim shall be made against the
Accommodation provider for whom Postcard Moments is acting as
an agent, and not against Postcard Moments. Gradings of
properties are subject to constant variation and other
countries gradings should not be compared to the gradings of
South African hotels.
18.
Advertising and Itinerary
Descriptions
All information in Postcard Moments
brochures, itineraries and travel guides is accurately checked
prior to going to print. It is however possible that by the
time you read any of Postcard Moments advertising literature
or itineraries, that the information contained in it may have
varied or may no longer be valid. Please check with Postcard
Moments at the time of making your reservation.
19.
Sea Facing Rooms and Suites
Except where stipulated to the
contrary, you will be accommodated in a standard bedroom. If
you would like to stay in a more expensive standard of
accommodation such as a suite or a sea-facing room, an
additional charge shall apply.
20.
Cancellation by Postcard Moments
Irrespective of the reasons for
this, Postcard Moments reserves the right to cancel any
reservation made by you prior to departure, in which event you
will be refunded the total amount paid by you without
prejudice and without any further obligation or any further
liability to you by Postcard Moments.
21.
Insurance
You are strongly advised to take out
insurance cover for cancellation due to illness, accident,
injury, liability, loss of luggage and all other unforeseen
circumstances. Postcard Moments shall not be liable if you
fail to take out any or adequate insurance. Postcard Moments
can arrange group Travel insurance at special low rates, the
extent of cover of which is subject to the exceptions and
conditions of the insurance company. In the event of a claim,
if the insurers, for whatever reason, dispute their liability
for any claim you make, you will only have recourse against
the insurers and not against Postcard Moments.
22.
Legal Costs
In the event of Postcard Moments
instituting legal proceedings against you resulting from
non-payment of an amount due to Postcard Moments or any other
cause of action, you agree to pay all legal costs incurred, on
an attorney and own client scale.
23.
Service Providers Special Conditions
If special terms and conditions
regarding deposits, payments and cancellation fees are imposed
by any of Postcard Moments suppliers, Postcard Moments shall
be entitled to impose these special terms and conditions upon
you and they shall supersede any conflicting conditions
contained herein.
24.
Conduct
You agrees that you will at all
times comply with the tour leader’s or passengers’ reasonable
requirements in regard to your conduct and you will not
in any way constitute a nuisance to any other passenger
on the tour.
25. Foreign Exchange Regulations
Compliance is your exclusive duty. This will
apply especially when you instruct the Travel Agent to make
and pay for travel arrangements on the Internet.
26. e-Ticketing
You must be ready to show your identity
document and possibly your credit card (used for payment)
at the check-in counter of the airline concerned. This will
apply to all members of a travelling party and for EACH MINOR.
27. Driver’s licence
Even if you have obtained an international
driver’s licence, please take your national driver’s licence
with you.
28. Internet Bookings
If you request or instruct the Travel Agent or
Postcard Moments to do bookings via the Internet, you
irrevocably authorises the Travel Agent and Postcard Moments
to do the following on its behalf (1) make any selections of
and for the proposed travel arrangements (2) make payments and
(3) accept booking conditions.
29. Confidentiality
Subject to statutory constraints or compliance
with an order of court, Postcard Moments undertakes to deal
with all your information of a personal nature on a strictly
confidential basis.
30. Variation of Conditions
No variation of these Conditions shall be valid
unless reduced to writing and confirmed by your signature and
the signatures of the Member of Postcard Moments.
31. Conflict with the Laws of South Africa
South African law and the jurisdiction of South
African courts will govern the relationship between Postcard
Moments and you. Postcard Moments shall be entitled to
institute any legal proceedings arising out of or in
connection with this contract in any Magistrates Court having
jurisdiction in terms of Section 28 of the Magistrates Court
Act no. 32/1944 as amended, notwithstanding that the amount in
issue may exceed the limits of such jurisdiction.
32.
Entire Contract
These conditions constitute the
entire contract between you and Postcard Moments, and no other
conditions, terms, representations, guarantees, promises,
undertakings or inducements of any nature whatsoever, whether
verbal, written or electronic, exist.
You acknowledge that you have not relied on any
matter or anything stated on behalf of Postcard Moments or
otherwise that is not already included herein.
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