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Terms and Conditions of Travel
There now follows the "small print" which you should read because it governs the contractual relations with the tour operator "Giftings Tours" hereinafter referred to as "GT".
Our services are offered under the name "Giftings Tours". Consequently, GT is responsible as tour operator for ll holidays offered in the GT brochures regardless of the companies used. The same applies to travel services combined with aircraft, trains, ships, accommodation, if these servies are described in the offers sections of our brochure as our own travel services.
If travel services are not expressly part of the services described in the text of our brochure and are provided by third parties, GT is merely acting as agent. Services of this kind provided by third parties are governed by the general business conditions of the relevant provider and not by the terms and conditions set out below.
1. Registration for and confirmation of a holiday
By registering for a holiday, you make a binding offer to GT, as the tour operator, to enter into a holiday contract. This offer is based on our travel description and any additional information we have provided you with for the relevant holiday. Travel brokers (e.g. travel agencies) and services providers are not authorized to enter into agreements, provide information or make promises that change the agreed content of the holiday contract, exceed our contractually agreed services or conflict with the travel description. Bookings may be made in writing, verbally, by telephone, fax or electronically (e-mail, internet). The contract comes into being with declaration of acceptance by GT. Acceptance does not require any specific form. Upon conclusion of the contract, or without delay thereafter, you will receive written confirmation of your holiday. GT draws your attention to the fact that it is necessary to process and store personal data in computers and forward them to third parties for the purposes of this contract. A passenger who has registered other passengers for the holiday in addition to himself shares liability with these other persons if he has expressly and separately declared his responsibility for the contractual obligations of all persons registered by him. If a passenger also registers other persons, the holiday contract enters into force with each individual person on whose behalf the booking is made.
Upon conclusion of the contract you will receive a holiday confirmation. On receipt, you must pay a minimum of 15% of the travel price as a deposit (deposit required may vary depending on a booking). The remainder of the payment is due four (4) weeks prior to departure as soon as it is ensured that GT will not cancel the trip in accordance with Article 6 of these Terms and Conditions. All travel documents shall be handed over upon payment in full of the travel price. Where the deposit or the remainder of the payment has not been paid in accordance with the agreed payment terms and dates, we are entitled to cancel the holiday contract after sending you reminder and setting a reasonable period of time for compliance, and to charge a cancellation fee as per Article 4.
3. Changes in services and prices
a) The travel price and the scope of the contractually agreed travel services are shown in the programmes offered in the brochure and thedetails referring to the same in your holiday confirmation. The details contained in the brochre are binding on GT, Nevertheless, GT expressly reserves the right, prior to the conclusion of the contract, to modify the details contained in the brochure (e.g. the travel route, order of ports of call, scheduled excurions, flight schedules) and the travel price, for considerable unforeseeable and objectively justifies reasons. GT shall, of coures, notify you of these changes before you make your reservation. GT shall do its best to provide you with special services not included in the brochure. In your own interests, you should obtain written confirmation of such additional special services. GT is entitled to charge a fee per person as well as any resulting extra costs charged by the third-party service providers for such services.
b) Changes or deviations in major travel services from the contractually agreed contact of the holiday contract, which becomes necessary after conclusion of the contract and have not been caused by GT contray to good faith, are only permitted if they are not material and do not detract from the overall travel package. GT is entitled to change the itineraries or to use other means of transport on accounts of weather conditions, technical defects, orders of government authorities, special circumstances and other factors for which GT is not responsible. GT is obligated to notify you of any material changes to the services, without undue delay, once GT has become aware of the reason for any such changes. In the event of material changes to an essential travel service you are entitled to cancel the holiday contract without charge or request participation in another holiday of at least equivalent value, provided that GT is in a position to offer you such a holiday from its range at no extra cost. You must exercise this right in writing without delay after receiving the notice of the change in travel services. If you nevertheless participate the contract after departure on the grounds of these changes or require a price reduction.
c) In the event that there is an increase in the costs of or charge for certain services, such as airport charges or air traffic fees, or a charge in the exchange rate applicable to the relevant holiday, GT reserves the right to adjust the agreed fare in the holiday contract in accordance with the provisions below as follows:
aa) Where the costs is applicable at the time of entering into the holiday contract (fuel prices and insurance premiums inparticular) increase, GT may increase the travel price in accordance with the following calculation:
(i) Where an increase is pplied per seat, GT may request that you pay the amount of such increase.
bb) Where the charges applicable at thetime of entering into the holiday contract (such as airport charges, or air traffic fees, etc) have been increased, resulting in higher costs on the part of GT, GT may increase the price for the holiday by the relevant pro-rated amount.
cc)Where the exchange rates applicable at the time of entering into the holiday contract change, GT may increase the price for the holiday in line with the additional costs resulting from such change.
4. Cancellation by the customer, change of reservation, substitte person
a) You may cancel the holiday contract at any time prior to departure. Your declaration of cancellation takes effect on the date it is received by GT at the address specific below. It is recommended that you declare the cancellation in writing (email to firstname.lastname@example.org)
b) If you cancel or you do not travel, GT loses the right to claim the travel price. However, provided that such cancellation is not attributable to GT or caused by force majeure, GT may request appropriate compensation for any travel arrangements made until the time of cancellation and its own expenses, with such compensation to be based on the price of the relevant holiday. GT has set flat rates for this compensation as a percentage of the travel price, depending on the time period between the contractually agreed commencement of the holiday and taking into consideration the expenses normally saved as well as any possible sales of the travel services to other customers. Depending on the time when the customer's declaration of cancellation is received by GT, said compensation will be calculated as follows:
- all deposit are non-refundable after your booking confirmation.
- up to 30 days prior to departure 100% of the travel price.
You are in any case entitled to prove that GT has incurred either no loss at all or only losses that are much lower than the amount of the relevant flat rate requested by GT. GT reserves the right to request specific higher compensation in place of the above-referenced flat rate charges if GT shows that is has incurred significantly higher expenses than the relevant applicable flat rate charge. In this case, GT would be obligated to specify, and provide eveidence for, the demanded compensation, taking into condinderation any expenses saved as well as any possible sales of the travel services to other customers.
c) In the event that a booking made by person travelling together, then, if one or more persons cancel within 30 days prior to departure, the holiday price is charged according to the booking occupation price offred in the brochure.
5. Travel Insurance
The following are not included in the price of your holiday: holiday cancellation insurance (insurance for the reimburrsement of cancellation costs if you do not embark on the trip for reasons covered by the insurance) and insurance for premature termination of your holiday (insurance to reimburse the value of services that were not used due to the early termination of the trip for reasons covered by the insurance). GT strongly recommends that you take out insurance when you book your holiday. Otherwise, holiday cancellation insurance must be arranged at the latest 30 days prior to departure. Insurance cover for cancellation feees can only be arranged jointly on behalf of all persons named in the holiday registration. Furthermore GT urgently recommends that you take out the following types of insurance: luggage insurance, travel accident insurance, travel sickness insurance, third-party travel liability insurance.
6. Cancellation and Termination by GT
a) Cancellation for failure to reach minimum number of participants GT may cancel the holiday contract as a result of the minimum number of participants not being reached, only where GT
aa) has specified both the minimum number of participants in the relevant travel description or in these Terms and Conditions respectively, and the date, prior to the contractually agreed departure, by which the passenger must have received the declaration; and
bb) has clearly specified the minimum number of participants and the latest possible cancellation date in the travel confirmation, or makes reference in it to the equivalent infirmation in the travel description.
cc) does not reach minimum numbers of participants, any such cancellation must be declared to the passenger no later than 21 to 14 days prior to the agreed departure date. If it becomes apparent at an ealier date that the minimum number of participants will not be reached, GT must exercise its cancellation right without undue delay. Where the trip does not take place for this very reason, any payments made by you for the travel price will be refunded without undue delay.
b) Termination or exclusion for conduct-related reasons
GT may terminate the holiday contract without notice or exclude a passanger from participation in individual events if the passenger constanlty disturbs the corse of the trip, despite having been warned by GT, or is in breach of contract and such breach is of such severity that it warrants the immdediate termination of the contract or the the passenger's exclusion from participation. Termination without notice is also possible if the traveller is, in the opinion of the Driver or Tour Guide, unfit for travel due to illness, incapacity or other reasons, or must be accompanied, but travels alone, or has booked on the basis of fales information. In the above cases, GT will be entitled to retain the payment of the travel price. Nevertheless GT is under a duty to take into account the exenses no longer incurred and the advantages arising from the non-utilisation of services, including refunds from third-party service providers.
7. Unused services
If you do not use certain services, made duly available to you, for reasons attributable to yoy (e.g. because of early return or other warranted reasons), GT shall do its best to obtain a refund of the expenses saved from any third-party servic providers. In these cases, you do not have a right to a pro-rated refund of the travel paid. There is no much obligation on the part of GT if the services are negligible or if statutory or sepervisory regulations prevent a refund.
8. Liability, limitation of liability
a) The contractual liability of GT for damages that do not constitute physical injury (also liability for breach of pre-contractual, collateral and post -contractual duties), is limited in aggregate to three times the cost of the holiday,
1. if damage to the traveller was caused neither with intent nor through gross negligence or
2. if GT as tour operator is responsible for damage caused to you solely due to fault on the part of a service-provider.
b) GT's liability for tortious acts that are neither wilful nor grossly negligent is limited to three times the travel price. This maximum liability amount applies per each passenger and each holiday.
c) As the tour operator, GT shall not be liable for default in perfomance, bodily injury or peoperty damage in connection with third-party services, which have only been arranged by GT as intermediary, if any such services were expreseely designated in both the travel description and travel confirmation as services provided by the rlevant partner company, making it abundanlty clear to the customer that said services do not form part of the travel services provided by GT.
Third parties provide services such as flights, sporting events, sightseeing tours, guided yours, etc. You participant in special events of this kind at your own risk. For this reason, GT itself shall not be liable for the provision of any special services. In these cases, any liability shall be governed by the terms and conditions of the partner companoes, which GT will be happy to make available to you on request.
d) As the tour operator GT shall be liable
aa) for services which include transportation of passengers from the advertised departure point of the trip to the destination.
bb) if and to the extent that a loss suffered by the customer is attributable to a breach of GT's duty to notify, disclose and organise.
e) If international conventions or statutory regulations based thereon apply to services to be provided by a service-provider, according to which a claim to damages only arises, or can only be made, subject to sertain conditions or limitations or is excluded under certain circumstances, GT, as tour operator, may rely in its relations with you on the fact that e.g. the service-provider is not responsible for delays of aeroplanes, trains, coaches, so that GT is alos not reliable for any failure to make connection journeys.
9. Medical Services
The holiday contract does not include the services of doctors.
10. Passenger's Obligation
a) Notice of defect
If the travel services are not provided as contractually agreed, you may demand rectification. However, you are under an obligation to notify GT without undue delay of any defect in the travel services. Where you are at fault for failing to notify GT, you will forfeit any right to a reductions in fare. However, this does not apply if any such notification would obviously be failure or would be unreasonable for the reasons. You are ibligated to lodge your notice of defect without undue delay with the travel representatives on board. The travel representatives are responsible for remedying complaints insofar as this is possible. However, the travel representatives are not authorised to acknowledge any such claims.
b) Travel documents
If you have not received the travel documents at the latest five (5) days prior to departure, please contact GT immediately. If you do not go on holiday because of missing documents, GT may demand reasonable compensation for the travel preparations made and expenses in accordance with article 4, uunless the traveller is not responsible for the missing travel document.
Tour Operator: Giftings Tours (pty) Ltd
Address: 417 Anton Lembede Street, Durban 4001, South Africa
Tel: +27 (0) 31 301 3995 WhatsApp: +27 71 006 1206
It is always the current version of the terms and conditions of Travel that applies and we shall be happy to send it to you on request.
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