TERMS & CONDITIONS, BOOKINGS & GENERAL INFORMATION
• BOOKING shall mean any FIT, DOMESTIC, CORPORATE or GROUP RESERVATION
• BOOKING FORM means Tourism Touch standard written booking form which can be completed and submitted for the purposes of engaging the services. The booking form may be updated by Tourism Touch from time to time, without notice.
• COMMENCEMENT DATE shall mean the first day of arrival in Southern Africa
• TOUR shall mean any package or itinerary put together by Tourism Touch
• CUSTOMER shall mean any tour operator, travel agent or individual who deals with TOURISM TOUCH
• T’s and C’s” means these terms and conditions
• TOUR AMENDMENTS means any change of whatsoever nature required by any Party in relation to the Tour after the Signature Date, including (without limiting the generality of the foregoing) changes as to flights, dates and times, accommodation, arranged sightseeing, activities and other details of and/or incidental to the Tour.
• “POPIA” means the South African Protection of Personal Information Act, 2013 (Act No. 4 of 2013)
• BOOKING CONFIRMATION means written confirmation submitted by Tourism Touch to the Customer, in such form as Tourism Touch may determine suitable in its sole and absolute discretion (including, by way of example, in the form of email communication), wherein Tourism Touch confirms the booking of the Tour and which document will record (without limitation)
1. BOOKINGS AND APPLICATION OF TERMS AND CONDITIONS:
1.1 The customer in signing and / or submitting a booking form to Tourism Touch warrants that he/she/it is authorized:
– to sign the booking form(s)
– to accept the terms and conditions in relation to himself / herself / themselves and on behalf of each of the other persons referred to in the booking form(s)
1.2 In signing / completing the booking form the customer acknowledges that he/she/it have been provided with:
– Tourism Touch details (being its full name, licence or registration number, and its VAT registration number)
– A copy of these TERMS & CONDITIONS, BOOKINGS & GENERAL INFORMATION
1.3 Upon the customer accepting a Tour from Tourism Touch by way of completing a booking form / confirmation a contract shall come into existence and bind the Parties on and with effect from the date of receipt of the booking form / confirmation by the customer, all the terms and conditions contained here in become effective.
2. CONSUMER PROTECTION ACT
It is not intended that any of these Terms and Conditions should contravene any provision of the Consumer Protection Act.
3. PROCESSING OF PERSONAL INFORMATION
3.1 In signing and/or submitting a booking form the customer agrees that it provided Tourism Touch with information which may constitute personal information (as contemplated in POPIA), and in doing so the customer voluntarily, specifically and unconditionally consents to Tourism Touch processing methods, namely:
– Sharing details with its suppliers
– Sending the customer marketing and advertising material, newsletter and / or any other informative material relating to Tourism Touch
– Storing the customers personal information for an indefinite period
– Transmitting the customers personal information to other members of Tourism Touch wherever they may be located, included countries which may not have data-protection laws like South Africa.
– As Tourism Touch deems necessary for the proper execution in relation to the booking.
3.2 It is the customer responsibility to:
– inform Tourism Touch if they wish to update or remove their details from our database
– notify Tourism Touch if they believe the customers details have been utilized in contradiction to legislation in South Africa. The customer undertakes to first attempt to resolve any concerns with Tourism Touch by addressing a compliant in writing. Should the customer not be satisfied with the outcome of the process the customer will be entitled to lodge a complaint with the Information Regulator in terms of the POPIA.
4. TOURISM TOUCH RIGHT AND RESPONSILBILITY
Tourism Touch will as soon as practicably possible after receipt of the signed booking form submitted by the customer and receipt of deposit action the following:
4.1 Procced to plan, arrange and/or facilitate the offering. Which include but is not limited to making the necessary reservations and compiling the itinerary for the customer
4.2 Issue the booking confirmation to the customer, together with deposit invoice and tour itinerary and all relevant details
4.3 Inform the customer in writing by means of email should there be any changes to the customers booking or if Tourism Touch is unable to comply with any provisions for any reason whatsoever
4.4 Will issue final invoice to the customer as soon as practicably possible after the date of receipt by the customer but in any event no later than the date which is 65 days prior to the Tour Commencement Date
4.5 Is entitled to make booking / tour amendments and/or cancellations by Tourism Touch at any stage and at all times use its commercially reasonable endeavors to avoid having to make such Tour amendments and/or cancellations, to which the customer agrees.
4.6 Tourism Touch will as far as possible try assist to secure/procure/enable our customers special requests as stipulated in the booking form or advise the customer which special requests could not be accommodated. Customer acknowledges that special requests cannot be guaranteed and agrees that he/she will have no claim of any nature against Tourism Touch in this matter.
4.7 All bookings are subject to additional third-party changes / charges / availability
4.8 If any accommodation, excursion or service which has been booked is not available for any reason whatsoever, Tourism Touch shall be entitled to make similar alternative arrangements at the same price as that which is not available and no claim whatsoever shall arise against Tourism Touch as a result of such unavailability
4.9 Upon request provide the Customer with written proof of any insurance policies taken out by Tourism Touch
4.10 Tourism Touch reserves the right to update any documentation from time to time, without notice, to bring in line with latest information.
5. CUSTOMERS RIGHTS AND RESPONSIBILITIES
5.1 The customer
– Hereby irrevocably and unconditionally agrees that he/she/it is taking the Tour at his/her/its own risk
– Will always adhere strictly to these Terms and Conditions and provisions of the Booking Form
– Will not engage in any activity, conduct, distribution or trade practice or advertising method which will be harmful, directly, or indirectly to Tourism Touch
5.2 Will be entitled to request Tour amendments and/or cancel the Tour any time, provided that:
– The customer communicates, without delay, any such Tour amendments and / or cancellations to Tourism Touch in writing
– If the customers cancel the Tour (it being recorded that the date of cancellation in this regard shall be deemed to be the date on which the relevant written notice of cancellation is received by Tourism Touch)
– The customer will be liable to pay a cancellation fee to Tourism Touch, calculated in accordance with the dates/periods of cancellation and percentages, which is agreed as being reasonable.
5.3 It is the customers responsibility to:
– at their own expense to take out comprehensive travel insurance for the duration of the Tour which will at least cover the loss of customers personal effects, loss or harm to the customer personally, the customers medical, hospital, emergency travel and evacuation expenses, repatriation, loss of luggage and expenses associated with the cancellation of curtailment of the tour.
– to arrive at the assembly point/s indicated on the Tour Itinerary at the stated times, it being recorded that Tourism Touch will not be responsible for any persons failing to participate in the Tour offering as a result of not arriving in time at the designated points as indicated.
– at their own expense to fulfil the applicable passport, visa and vaccination requirements covering each country which forms part of the Tour. It is being recorded that Tourism Touch will not be responsible for any persons participating in the Tour without the required documents.
– stipulate special requests (if any) in the Booking Form, failing which the Customer is deemed to not have any special requests
– ensure that all payments due to Tourism Touch are paid on the due dates thereof otherwise strictly in accordance with these Terms and Conditions
– not engage in any activities which causes inconvenience or annoyance to any other persons participating in the Tour
– ensure they are aware of airlines and vehicle operators weight limits of luggage which can be carried by any guest and that no claim shall arise against Tourism Touch in the event of any guest not being allowed to carry any luggage or being required to effect payment for any such excess luggage.
6. QUOTED, PAYMENTS AND CANCELLATION OF TOUR
6.1 The customer will pay the Total Tour Price (which includes arranging fee) and having regard to each of the Deposit invoice, Secondary invoice and Final Invoice to Tourism Touch as follows:
– Deposit invoice must be settled in full 3 days after acceptance of the booking
– Secondary invoice, and final invoice must be settled 3 days after the date of receipt
– Deposits form part of the cancellation fees and are therefore not refundable
– Should the booking be within 30 days of the Tour commencement date then the total tour price will be due immediately.
– Payments are to be made in the currency of the invoice. Tourism Touch invoice in either South African Rand or United States dollars. Should the customer want to make payment in any other currency different from that of the invoice, Tourism Touch reserve the right to obtain and advise the applicable exchange rate which shall be valid for 2 working days from date of notification of advised exchange rate.
– Unless Tourism Touch consents in writing to other payment arrangements the customer will always remain liable for payment of all amounts due and payable by customer
22.214.171.124 Any arrangements made, whether for air travel, road travel, accommodation, activities or other services which are made by Tourism Touch on behalf of its customers may be subject to the standard terms and conditions of the service prover which will be applicable to and shall bind Tourism Touch and the customer to Tourism Touch
6.3 Cancellation Fees
6.3.1 Cancellation from Booking Acceptance Date to 65 days prior to Tour Commencement Date is 25% of the Total Tour Price
6.3.2 Between 45 and 64 days prior to Tour Commencement Date the cancellation is 50% of Total Tour Price
6.3.3 0 – 45 days prior to Tour Commencement Date the cancellation is 100% of Total Tour Price
6.3.4 Any such cancellation fee will be paid by the customer to Tourism Touch within 14 (Fourteen) days of the relevant date of cancellation.
6.4 Tourism Touch will refund the customer the difference in Tour Price and cancellation fee as soon as practically possible
6.5 No party shall have any other claim of whatsoever nature against the other in such circumstances
6.6 By signing/submitting the Booking Form to Tourism Touch the customer acknowledges and agrees that in the event that the Tour includes travel to isolated regions and / or activities in close proximity to wildlife, the customer and all other persons detailed in the Booking Form assume/s such risks which could include but is not limited to injury, disease or death; and hereby waivers all such claims against Tourism Touch.
6.7 In the unlikely event that the customer has a complaint against Tourism Touch, they will first address the complaint with us accordingly and allow us the opportunity to investigate and address the complaint. If the customer has any further complaints against Tourism Touch the same must be lodged to us within 30 days of expiration of the Tour. Should the customer not follow these procedures set out in this clause then Tourism Touch will not investigate or continue to investigate such complaint and the customer will have no claim whatsoever of any nature against Tourism Touch in such circumstances.
7. EXCLUSION OF LIABILITY
The customer acknowledges and accepts that Tourism Touch at all times acts only as an agent on behalf of its suppliers and will not be liable for any loss or damages, whether to persons, their luggage or other items in their possession, or arising as a result of the exercise by Tourism Touch of any of its rights in terms hereof and irrespective of whether such loss or damage has arisen as a result of disease, ill health, adverse weather conditions or any other cause including any loss which may be occasioned by the negligence of Tourism Touch or any of its personnel or agents and customer hereby indemnifies Tourism Touch and absolves it from any liability in respect of any claims which may be made against Tourism Touch in respect of any such loss or damage which is brought by the customer.
8.1 The following will constitute a Breach of contract.
– The customer fails to timeously pay Tourism Touch any amount due
– Fails to remedy such breach within 3 days after receipt of written notice
Then Tourism Touch will be entitled to (without prejudice and in addition to any other right or remedies which Tourism Touch may have in law), on written notice to the customer, immediately resile from these terms and conditions and cancel the tour.
8.2 Cancellation due to breach
– If Tourism Touch cancels the Tour, the customer will be deemed to have forfeited all such amounts already paid by the customer for the Tour as at the Breach Cancellation Date. The customer will have no claim whatsoever against Tourism Touch in such circumstances
– If the customer cancels the Tour within the correct time frames and no penalties are due, then Tourism Touch will refund the customer
8.3 Indemnity for breach by the customer
Without prejudice to any rights or remedies available to Tourism Touch arising from these Terms and conditions notwithstanding anything to the contrary contained herein, with effect from the Booking Acceptance Date, the customer hereby irrevocably and unconditionally indemnifies and agrees to hold Tourism Touch harmless against any and all loss, liability, costs or expenses of whatsoever nature (including all legal costs), whether directly or indirectly suffered or incurred by Tourism Touch, should the customer and/or any of the other persons detailed in the Booking Form (if any) breach these T’s and C’s in anyway.
9. FORCE MAJEURE
In no event shall Tourism Touch be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Tourism Touch shall use all reasonable efforts which are consistent with accepted practices in the tourism industry to resume performance as soon as practicable under the circumstances.
10. JURISDICTION AND APPLICABLE LAW
Any booking, made by the customer with Tourism Touch and any dispute of whatsoever nature which may arise there from shall be subject to South African law and the customer consents to the exclusive jurisdiction of the High Court of South Africa for the resolution of any such dispute.
Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction
12. DISPUTE RESOLUTION
To ensure the timely and economical resolution of disputes that arise in connection with this Agreement and Tourism Touch agree that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance or interpretation of this Agreement, Executive’s employment, or the termination of Executive’s employment, shall be resolved to the fullest extent permitted by law by final, binding and confidential arbitration, by a single arbitrator, in South Africa, conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the applicable JAMS employment rules. By agreeing to this arbitration procedure, both Executive and the Tourism Touch waive the right to resolve any such dispute through a trial or administrative proceeding. The arbitrator shall: (i) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that Executive or Tourism Touch would be entitled to seek in a court of law. Tourism Touch shall pay all JAMS’ arbitration fees more than the amount of court fees that would be required if the dispute were decided in a court of law. Nothing in this Agreement is intended to prevent either Executive or Tourism Touch from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Notwithstanding the foregoing, Executive and Tourism Touch each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration.