Flights
All flights booked via Easy Travel are administrated by Travelstart Online Travel Operations Pty Ltd.
Application
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Travelstart Online Travel Operations Pty Ltd. (‘collectively the Travel Agent’) are subject to the terms and conditions (‘the Conditions’), as set out below.
The Client and Authority
The person requesting quotations or estimates or making a booking or to whom any services are 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 (collectively referred to as ‘the Client(s)’).
Third Party Service Providers
The Travel Agent provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (collectively referred to as ‘the Principal’). The Travel Agent represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Travel Agent will provide the identity, terms and conditions of all the Principals if so requested by the Client relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
Booking Enquiries & Reservations
Once the Client has filled in all applicable fields to initiate an enquiry regarding a particular destination, trip, tour or mode of travel on the Travel Agent’s website www.travelstart.co.za (‘Website’), or has responded to an advertisement verbally or in writing, via e-mail or the internet or has, without reference to any of the aforesaid, asked for more details telephonically (collectively referred to as ‘the Enquiry’), the Website, or the Travel Agent will prepare and provide the Client with an estimated cost of the Enquiry (online, by e-mail or telephonically) (‘the Estimate’). This Estimate is accepted by the Client when the Client proceeds with the steps as specified on the Website or accepts the Estimate verbally over the phone or via email. Full payment of the total value of the Estimate (‘the Price’) as specified in the Estimate is required in order to confirm reservations with Principals (‘the Booking’). Once the online Booking or Booking affected by the Travel Agent has been completed and the Client has authorized Travelstart to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of their Booking (‘the Booking Confirmation Form’). In the case of air tickets, full payment for the Booking needs to be made by midnight South African time on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
Destination Selection
The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. It also acknowledges that the internet booking has been compiled and is managed and up-dated by the Principal over which the Travel Agent has no control. Accordingly the Travel Agent cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such advertised on the internet. Any right of recourse in that regard will be against the Principal.
Payment and Payment Terms
The full payment is due immediately by Visa, Master Card, American Express or JCB, Electronic Funds Transfer or Cash Deposit at a bank, whichever is applicable. If the full payment is not received by midnight South African time on the day that the Booking was made, the Travel Agent or Third Party Service Provider (as the case may be) involved reserves the full right to cancel the Booking. In the event that payment has been made after the aforementioned deadline, the Client will be liable for any difference in price should the Client still want to proceed with the Booking at the higher price.
Travelstart Online Travel Operations Pty Ltd. is a South African company and all transactions are processed in South African Rands. All payments shall therefore be made in the equivalent local currency in accordance with the prevailing conversion rate as published from time to time by the Agent. Therefore conversion charges may be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rands. This fee is driven by the global treasury of the applicable credit card and is impacted by the change in daily exchange rates.
Prices
Prices are quoted at the ruling daily exchange rate. Until the Travel Agent has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. Airfares are subject to the price and conditions quoted by the airlines. However, once payment of the Price in full has been received, the Price is guaranteed provided that the payment was made by midnight on the day that the Booking was made. Should the Client be a group booking and the group number deviates from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principals cancelling the Booking and retaining any payment made. (The Travel Agent will be entitled to retain any service fees charged).
Service Fee
These fees cover the costs incurred by the Travel Agent in booking and servicing your travel reservation.
Responsibility/Hold Harmless
The Proposed Travel Arrangements are made on the express condition that the Travel Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless the Travel Agent, its employees and agents accordingly. The Travel Agent, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
Insurance
It is strongly advised that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that is not an exhaustive list). The Travel Agent will not be responsible or liable if the Client fails to take adequate insurance cover. It shall not be obligatory upon the Travel Agent to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by the Travel Agent 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. The Travel Agent shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which the Travel Agent does not consider sufficient cover for international travel. The Client is advised to check with their respective credit card companies in order to obtain the specific details of the cover offered.
Travel Documents
Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Price in full.
Passports, Visas and Health
It is the entirely the Client’s responsibility to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is strongly advised to check the relevant requirements with the Travel Agent before travelling. The Travel Agent will endeavor to assist the Client but such assistance will be at the Travel Agent’s discretion and the Client acknowledges that in doing so, the Travel Agent is not assuming any obligation or liability and the Client indemnifies the Travel Agent against any consequences of non-compliance. It is the Client’s duty to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The Client is strongly advised to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination. If this has not been done prior to departure, it is imperative to do so upon return.
Amendment Fees
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. This is charged in addition to the change fees charged by the Supplier.
Cancellation
In the event of the Client cancelling the Booking, the Travel Agent shall have the right to either claim an amount or to retain an amount of the payment and claim damages suffered by the Travel Agent. The Principals may reserve the right to cancel any services prior to departure, in which event the entire payment for the ticket will be refunded to the Client without any further obligation on the part of the Travel Agent.
The Travel Agent will charge a fee for processing the request for refund. (Clients should refer to the ‘Refunds’ section of these Conditions, as well as the cancellation provisions contained in the Principal’s Conditions and Website. Principals may charge cancellation fees over and above these stated here).
Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Travel Agent, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc.) will be for the Client’s account.
Itinerary Variations and Transfers
While every effort is made to keep to the final itinerary, Principals and/or the Travel Agent reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary.
Law and Jurisdiction
South African law shall be applicable in the interpretation of the terms and conditions.
Conduct
The Client agrees that he/she will at all times comply with the Travel Agent’s or others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the aircraft.
Special Requests
Clients who have special requests must specify such requests. Whilst the Travel Agent will use its best endeavors to accommodate such requests, it does not guarantee that it always can.
Amendments of these Conditions
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of the Travel Agent.
Refunds
No refunds will be considered in any circumstances whatsoever by the Travel Agent. Refunds by the Principals will be subject to their respective terms and conditions. The Travel Agent may charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is the Client’s exclusive duty. This will apply especially when the Client instructs the Travel Agent to make and pay for travel arrangements on the internet.
E-ticketing: Documents required for travelling
The Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned. Certain airlines may require a copy of the credit card used to make payment in addition the above mentioned documents. Passport or identity document will apply to all members of a travelling party and for each minor travelling, including infants.
Internet Bookings
If the Client requests or instructs the Travel Agent to affect bookings via the internet, the Client irrevocably authorizes the Travel Agent to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payment of a booking and ancillary services and (3) accept booking conditions.
Limitation of Liability
The Travel Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Travel Agent, unless such claim is due to the gross negligence of the Travel Agent and such claim is lodged in writing with the Travel Agent within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of USD 1,000 per Client per Booking and under no circumstances will the Travel Agent be liable for any indirect or consequential loss or damage.
Legal Fees
The Client will be liable for all legal fees of an attorney and own Client scale in the event that the Travel Agent has to engage a lawyer to enforce any of its rights or otherwise.
Confidentiality
Subject to statutory constraints or compliance with an order of court, the Travel Agent undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
Confirmation of Travel Arrangements
All onward travel arrangements (local, international and on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 (seventy-two) hours prior to departure.
General Terms and Conditions for Online Bookings
Bookings Online
Please note that over and above these online terms and conditions all bookings are subject to Travelstart Online Travel Operations Pty Ltd’s Standard Terms and Conditions (‘STC’) which appear above – where there is a conflict between the two, the STC will prevail.
Intellectual Property
The website www.travelstart.co.za is owned by Travelstart Online Travel Operations Pty Ltd. and the domain name is registered in the name of Travelstart Online Travel Operations Pty Ltd. All intellectual property rights in and to the aforementioned vests in the owners as indicated. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of Travelstart Online Travel Operations Pty Ltd.
Copyright and Trademark Notices
All content of this Website is registered to: Travelstart Online Travel, Pty Ltd., 7th Floor, 56 Shortmarket Street, corner Shortmarket and Long Street, Cape Town, 8000, South Africa ©2006. All rights reserved. Travelstart Online Travel Pty Ltd. and the blue circle logo are either registered trademarks or trademarks of Travelstart Online Travel Pty Ltd. Other product and company names mentioned herein may be the trademarks of their respective owners.
Changes and Modifications of these Terms and Conditions
Travelstart Online Travel Operations Pty Ltd. may make future changes, deletions or modifications to such terms and conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of this Website will constitute the Client’s agreement to the changes, deletions and modifications
Travelstart Online Travel Operations Pty Ltd. reserves the right to change the terms, conditions, and notices under which this Website is offered and the Client agrees to accept and be bound by those terms, conditions, and notices that are in effect at the time of the Client’s use of this Website and facilities.
Access and Use
This Website is offered to the Client on condition that the Client accepts, without modification, the terms, conditions, and notices contained herein. The Client’s use of this Website constitutes the Client’s agreement to all such terms, conditions, and notices.
Access to and use of this Website is entirely at the user’s risk.
Travelstart Online Travel Operations Pty Ltd. may discontinue or suspend the Website at any time without notice, and it may block, terminate or suspend any user’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Personal and noncommercial Use Limitation
This Website is for the Client’s personal and noncommercial use. The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Travelstart Online Travel Operations Pty Ltd. or its suppliers and providers. Accordingly, as a condition of using this Website, the Client agrees not to use this Website or its contents or information for any commercial or non-personal purpose (direct or indirect), such as for resell purposes. Whilst the Client may make limited copies of the Client’s travel itinerary (and related documents) for travel or services purchased through this Website, the Client agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, whether or not the Client has a commercial purpose, the Client agrees not to:
- access, monitor or copy any content or information of this Website using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Travelstart Online Travel Operations Pty Ltd.;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in the discretion of Travelstart Online Travel Operations Pty Ltd., an unreasonable or disproportionately large load on the Travelstart Online Travel Operations Pty Ltd. infrastructure; or
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Travelstart Online Travel Operations Pty Ltd.
Liability Disclaimer
The information, software, products, and services published on this Website may include inaccuracies or typographical errors. In particular, Travelstart Online Travel Operations Pty Ltd. does not guarantee the accuracy of the hotel, air, and other travel products displayed on this Website (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Travelstart Online Travel Operations Pty Ltd. disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on this Website are intended as only general guidelines, and Travelstart Online Travel Operations Pty Ltd. does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. Travelstart Online Travel Operations Pty Ltd. and/or their respective suppliers may make improvements and/or changes on this Website at any time.
Travelstart Online Travel Operations Pty Ltd., and/or their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering for sale of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Travelstart Online Travel Operations Pty Ltd. All such information, software, products, and services are provided ‘as is’ without warranty of any kind. Travelstart Online Travel Operations Pty Ltd. and/or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The carriers, hotels and other suppliers providing travel or other services for Travelstart Online Travel Operations Pty Ltd. are independent contractors and not agents or employees of Travelstart Online Travel Operations Pty Ltd. or its affiliates. Affiliates include websites which click-through to www.travelstart.co.za. Travelstart Online Travel Operations Pty Ltd. is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. Travelstart Online Travel Operations Pty Ltd. and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall Travelstart Online Travel Operations Pty Ltd. and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this Website or with the delay or inability to use this Website, or for any information, software, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability, or otherwise, even if Travelstart Online Travel Operations Pty Ltd. and/or their respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Travel Destinations
By offering travel for sale to particular international destinations, Travelstart Online Travel Operations Pty Ltd. does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
Indemnification
The Client agrees to defend and indemnify Travelstart Online Travel Operations Pty Ltd. and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
- the Client or on the Client’s behalf in excess of the liability described above; or
- by third parties as a result of
- the Client’s breach of this Website terms, conditions and notices or the documents referenced herein;
- the Client’s violation of any law or the rights of a third party; or
- the Client’s use of this Website.
No unlawful or prohibited Use
As a condition of the Client’s use of this Website, the Client warrants that the Client will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices or any other prohibitions unlawful in terms of South African law.
Links to other Websites
There are links on this Website which allow a user to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Travelstart Online Travel Operations Pty Ltd. and Travelstart Online Travel Operations Pty Ltd. makes no representations and gives no warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Travelstart Online Travel Operations Pty Ltd.’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Travelstart Online Travel Operations Pty Ltd. has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. The Client should research and assess the risks which may be involved in accessing and using any software on the internet before using it. The Client is deemed to indemnify Travelstart Online Travel Operations Pty Ltd. against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.
Applicable Law
Please note that the use of this Website is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.
General
This agreement is governed by the laws of South Africa. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and Travelstart Online Travel Operations Pty Ltd. as a result of this agreement or use of this Website.
Travelstart Online Travel Operations Pty Ltd.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Travelstart Online Travel Operations Pty Ltd.’s right to comply with law enforcement requests or requirements relating to the Client’s use of this Website or information provided to or gathered by Travelstart Online Travel Operations Pty Ltd. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and Travelstart Online Travel Operations Pty Ltd.’s with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Travelstart Online Travel Operations Pty Ltd. with respect to this Website.
Any rights not expressly granted herein are reserved.
Entire Contract
All the terms and conditions displayed on this Website constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Travel Agent or otherwise that is not included herein.
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Car hire booked via Easy Travel are administrated by Cartrawler system.
Car hire terms and conditions can differ from country to country, car rental agent to car rental agent and vehicle to vehicle, always consult the specific rental conditions relating to your rental quotation. On the quotation page of our booking process you can find the rental conditions by clicking the Rate Details link located to the right of the car type. You can also find them on the third and final step of the booking process under the Rental Conditions link at the bottom of the confirmation page. Finally, your rental Terms and Conditions can also be found on the confirmation voucher you need to bring to the rental desk.
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[tab title=”Visas”]
All visas booked via Easy Travel are administrated by Republic of Service Excellence.
ROSE will make available their drivers to collect and deliver documents. However, we cannot be made responsible for any loss or damage whilst your documents are in transit to or from us.
The visa issuance delays listed and the advice given by our customer service team over the phone is a guide only and represents the processing delay experienced by ROSE.
ROSE endeavors to lodge your application the next day after we receive it when urgent, or the next day if not urgent.
ROSE can not be made responsible for trips booked or any other losses or damages if any of the following events occur:
Embassy/consulate closure due to holidays or any other reason.
Processing delays due to the embassy/consulate administrative function.
Embassy/consulate changing rules and regulations for whatever reason.
Embassy/consulate decisions to issue either single or multiple entry visas. Visas are issued at the discretion of the Embassy and ROSE cannot be held responsible if the embassy decides to issue a certain type (single or multiple) of visa.
Embassy/consulate errors in issuing the visa, which include the incorrect issuing of the visa. This includes the dates the visa is granted for, spelling of the passenger name, accuracy of the passport number. It is the responsibility of the passenger to check that the dates, spelling of the name and passport number was printed correctly on the visa by the embassy/consulate.
Disclaimer
1. DEFINITIONS
“Applicant” shall mean the person or agency or entity for whom any Services are performed.
“Company” means “Republic Of Service Excellence” (ROSE).
“Documents” shall mean the passport, application and supporting documentation provided by the Applicant to the Company.
“Services” shall mean the carriage and/or service performed or arranged by the Company pursuant to, or ancillary to, this contract with the Applicant.
“Subcontractor” shall mean and include:
(a) Any other person, firm or company with whom the Company may arrange to effect any Service in respect of the Documents which are the subject of this contract.
(b) Any person, firm or company which is now or hereafter a servant, agent, employee or subcontractor of any of the persons or entities referred to in (a) above.
“ROSE” shall mean Republic Of Service Excellence cc (Reg. No.: 2007/00087/23), its employees, servants, subsidiaries and associated entities.
Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate.
The Applicant in consideration of the service payable by the Company AGREES to the following terms and conditions:
2. SUBCONTRACTING
Subject to and in accordance with the terms and conditions and instructions contained in this contract, the Company agrees and the Applicant hereby employs and authorises the Company, as agent for the Applicant to contract either in its own name as principal or as agent with any Subcontractors for the performance of any Service to be performed or arranged by the Company pursuant to or ancillary to, this contract. Any such contract may be made on any terms of contract whatsoever used by the Subcontractor with whom the Company may contract for such Service and may be upon any terms and subject to any conditions of any special contract which the Subcontractor may in any particular case require including in every case terms which may limit or exclude liability in respect of the Service and any term that the Subcontractor may employ any person, firm or company for performance of the Service.
3. WARRANTIES AND ACKNOWLEDGEMENTS BY THE APPLICANT
The Applicant agrees, warrants and acknowledges that:
3.1 The person delivering the Documents and/or requesting the Services to the Company is authorised to hand out instruction to the company.
3.2 The request of the Applicant for the performance of any Service shall not be in breach of any law.
3.3 The decision to grant or deny the application for a visa is a decision of the embassy or consulate to which the application is made, and as such is outside the control of the Company. The Applicant request(s)/ authorise the Company to act and perform as the agent in the procurement of the Visa(s) without liability. As the granting, or the denial of Visa(s) is entirely up to the discretion of the issuing embassy or consulate we the Company does not guarantee approval.
3.4 The responsibility for the accuracy of the information contained in the visa applications is solely that of the Applicant.
3.5 Service and shipping fees will be charged once processing is started, even if the visa request is denied by the embassy or its official representative or cancelled by the Applicant. Embassy consular fees may be refunded in whole or in part depending on the policy of the applicable embassy or consulate, however if payment has been made to the Embassy/Consulate by ROSE, such moneys cannot be refunded.
3.6 Visa information requirements, Visa fees and Visa issuing times are subject to change by foreign governments without notice so the Company does not assume responsibility for the accuracy of the information provided.
3.7 Charges including any additional charges, are the responsibility of the Applicant or their representative, are due and payable immediately, may be collected without notice, and may not be refunded. In the case of a cancellation, a current service fee will be charged unless the Visa was already processed by the embassy, in which case the fees are non-refundable. We the Company does not assume liability for delayed, lost or stolen Visas and or passports.
3.8 The embassies/consulates change rules and regulations for Visa processing at short notice and although the Company will make the necessary changes to its website the Company cannot guarantee that this will be effective immediately upon notification from the embassy/consulate of changes required.
4. LIMITATION AND EXCLUSION OF LIABILITY
4.1 The Company shall not be responsible for any loss or damage howsoever arising to any Documents nor for delays in issuance of replacement visas due to circumstances or causes beyond the Company`s control.
4.2 The Company does not assume any responsibility whatsoever for injury, damage, loss, accident or delay to any person or property which may arise due to causes beyond its control and not occasioned by its fault nor due to any act of negligence of any other party, war, strike, civil turmoil, riots, fire, acts of any government agency thereof, failure of transportation, communication, or acts of God.
4.3 The Company has used its best efforts in collecting and preparing the data included within the Company`s website but cannot warrant that the information contained within this website is complete or accurate and does not assume and hereby disclaims liability to any person for any loss or damage caused by errors or omissions in the Company`s website whether such errors or omissions result from negligence accident or any other cause.
4.4 Save as otherwise provided herein, the Company shall in no circumstances whatsoever or howsoever arising be liable for direct or indirect or consequential loss or damage. The defences and limits provided for in this contract shall apply in any action against the Company for loss or damage or delay whether the action founded in contract, tort, or otherwise.
4.5 The Company disclaims any liability for losses, damages, forfeiture`s of deposit or expenses, damages of any kind whatsoever incurred by the Applicant in the event the Visa applied for is denied or not obtained within a stated time period.
4.6 It is hereby agreed between the Applicant and the Company that the Applicant`s rights to compensation (if any) for any claim for loss or damage will only be maintained provided the following is strictly adhered to:
Any claim for damage to Documents must be lodged in writing to the Company within seven days of the date of change;
Any right to damages against the Company shall be extinguished unless action is brought within three months from the date of this contract or the date the Services were completed or Documents delivered, or the date the Services should have been completed or the Documents should have been delivered, whichever date occurs first.
In all cases where liability has not been excluded or limited by this contract or by mandatorily applicable statute, convenion or law, the liability of the Company is limited to the lesser of ZAR2000.00 or the value of the Documents the subject of the contract at the time the Documents were received by the Company.
4.7 In all cases, where liability cannot be excluded or limited by this contract, the liability of the Company for breach for any condition or warranty in relation to the Documents or the Services is limited to any one or more of the following as determined by the Company at its absolute discretion:
In the cases of Services:
the supply of Services again, or
the payment of the reasonable costs of having the Services supplied again
In the case of Documents:
the replacement of the Documents;
the payment of the reasonable costs of having the Documents replaced;
the replacement of the Documents or supply of equivalent Documents;
the payment of the reasonable costs of replacing the Documents or acquiring equivalent Documents.
4.8 It is specifically agreed that all rights, immunities and limitations of liability granted to the Company by the provisions set forth in this contract shall continue to have full force and effect in all circumstances and notwithstanding any breach of the contract or any condition hereof by the Company.
5. INSURANCE
The liability of the Company is defined and limited to any amount stated for specified loss and damage. The Applicant is therefore advised to seek its own insurance cover generally. No insurance will be effected by the Company.
6. DELIVERY
6.1 The Company is authorised to deliver the Documents to the consignee or his agent at the address nominated to the Company by either the Applicant, the Company, the consignee or their agents and it is expressly agreed that in such cases the Company shall be deemed to have delivered the Documents in accordance with this contract.
6.2 If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected, the Company in its sole discretion may at its option either deposit the Documents at the nominated place or store the Documents at the risk and expense of the Applicant, both of which will be deemed to be delivery of the Documents under this contract.
6.3 Dates specified for completion of the Service are estimates only and the Company shall not be liable for failure to complete the Service on such date or dates.
7. LAW AND JURISDICTION
Any dispute arising under this contract shall be governed by the Laws of the Republic of South Africa.
8. TRADE PRACTICES
8.1 Any relief from liability contained in this contract is to be read subject to any restriction on contracting out of liability provided in any legislation binding the Company so that the provisions for relief contained in this contract are limited or rendered ineffective only to the extent required to give effect to that legislation but are otherwise fully effected and all the provisions hereof are severable and effective independently of any provisions which are null and void or ineffective by reason of any legislation.
9. FORCE MAJEURE
9.1 Where the Company is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) the Company shall be excused from such obligations to the extent of such prevention, restriction or interference so caused;
9.2 The Company shall use all possible diligence and reasonable endeavours to remove the force majeure.
Privacy Statement
ROSE is committed to the protection of your personal information.
Personal information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
There are further special provisions that apply to the collection of some personal information that is known as sensitive information. This includes information about a persons` race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs and criminal history.
ROSE collects personal information that relates to your visa requirements as required by specific Consulates / Embassies and High Commissions.
The kinds of personal information we collect and store will depend on what type of visa you apply for. However, it may include (amongst other things):
Personal information you give us when you make a visa inquiry or place a lodgement. This information may include your name, address, telephone numbers, e-mail address, credit card details, passport details, intended travel dates, place of departure, intended destination and whether you are an adult or a child.
communications between you and us
transactional information about your use of our services
Personal information we collect from you will be disclosed:
to the relevant Consulate / Embassy or High Commission in order to obtain a visa.
Third parties who assist us with the issuance of visas.
ROSE partner offices who may assist us with the issuance of visas.
ROSE will always maintain control over the confidentiality of our customer information. However, we cannot be held responsible for information retained by relevant Consulates / Embassies or High Commissions.
Complaints
If you have a complaint about the way we have dealt with your personal information, please contact us at the address below.
We will make all reasonable attempts to respond to your complaints or requests.
Updates to Privacy Policy
We may amend this Privacy Policy at any time and from time to time. If we do so, we will post the amended Privacy Policy on our website so that you will always be aware of how we manage your personal information.
Further information
Please contact our Privacy Officer if you have any queries about the personal information that we hold about you or the way we handle that personal information.
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All travel insurance booked via Easy Travel are administrated by Travelinsure Travel Insurance.
1. BOOKINGS
Bookings through our websites are deemed to be made when validated on the website. All services are subject to availability.
2. PRICES
By following our instant quote link from our home page you can find the full cost of all our travel insurances policies. The price you are quoted is the full cost of the insurance including credit card fees and postage. You will not incur any hidden costs.
3. CONTRACTS
Your travel insurance policy is a contract between you and our insurer. By purchasing a travel insurance policy you are agreeing to abide by the terms set out in the contract. The policy wordings for the policies we offer are available and can be examined before purchase of a policy. Please note that a complete wording of your chosen policy will be sent to you once you have purchased travel insurance from us.
4. PAYMENT
Payment for a booking made on our website can only be made using a valid credit card. Credit card charges may apply depending on your credit card provider. If payment by card is declined or if a payment cheque is returned uncleared, Essential Worldwide Travel Limited and the service provider reserve the right not to fulfil your booking. All prices are quoted in Rands. When a booking is made using an overseas credit card the card issuer will debit your account in your local currency at the exchange rate applicable on the date of processing. A conversion charge may be applicable. We collect and hold money as agent of the insurer
5. CONFIRMATION
You will receive an e-mail immediately after purchasing a policy. The content of the e-mail will state your policy number, the persons insured, policy commencement date, period of insurance and the territories covered as well as the total price you paid for the policy.
6. CONTACT
A contact telephone number for our offices can be found prominently displayed on this website. We can be contacted on this number from 9am to 8pm of a working week except Christmas Day, Boxing Day and New Years Day. Alternatively you can write to us at the address supplied on our home page or e-mail us at sonja@travelinsure.co.za
7. RECEIPTS AND SETTLEMENT MISTAKES
The policy schedule that is sent to you displays the exact cost of your insurance the date the transaction took place. Should the details on this document be incorrect we will amend your details immediately on your instruction.
8. CANCELLATION
You may cancel your policy, provided that you give us at least 5 working days notice in writing prior to departure. Contact our help desk (OFFICE HOURS ONLY) at 0861 900 801 or email sonja@travelinsure.co.za. You need to state your policy number and reason for cancellation. We will then refund you the total amount minus the acquiring, switching and administration fee. Cancellations are only provided your journey has not yet commenced, no visa has been obtained using this policy and no claims have been submitted. If you want to cancel your policy on the grounds that you have had your visa refused, you need to supply us with proof from the embassy. For all cancellations we require you to supply us a copy of your policy and identity.
9. ESSENTIAL WORLD WIDE TRAVEL LIABILITY
Essential World wide Travel Insurance Limited acts as booking agent only for the service provider and is only liable to the customer for losses directly arising from it’s negligence in processing a booking. The information contained on this web site belongs to Essential World Wide Travel Ltd and various third parties. Essential World Wide Travel Ltd endeavour to ensure that its own information and the information provided by third parties is accurate at all times but shall not be held responsible or liable to pay compensation to any person or organisation for any loss arising, either directly or indirectly, out of the use, misuse, misinterpretation of that information by anyone using this web site or for any inaccuracies contained therein.
10. ADVICE
This website makes available the travel insurance products for purchase and gives a summary of the cover and a general description of the travel insurance offered by the underwriter. However, you cannot seek advice on which cover is the most suitable for you on this website. If you are seeking advice please call our help desk at the number prominently displayed on our website where a qualified advisor can offer assistance.
11. PRIVACY POLICY
Information collected is: used to improve the content of our Web page. Not shared with other commercial organizations for commercial purposes. Email address information is only collected when a user communicates with us via email or when the user volunteers this information, or for registration on the site. If you do not want to email, from us please let us know by emailing our office.
12. INFORMATION
If you supply us with your postal address on-line you may elect not to receive periodic mailings from us with information on new products and services or upcoming events. If you wish to receive such mailings you can indicate this intention on the form. Alternatively, if you do not wish to receive information from us, you may let us know by emailing, calling or writing. You may also receive mailing from other reputable companies. If you wish, you can be put on our do not share list by emailing the address shown above, calling us on telephone number above or writing to us at the address above. Please provide us with your exact name and address and we will be sure your name is removed from the list we share with other organisations. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line. Cookies are used to store visitors’ preferences and record past activity at a site to provide better service when visitors return to our site.
13. SECURITY
We use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. Sensitive information is redirected to a secure server and notifications of this appears on our website. Appropriate security measures exist to protect against the loss, misuse or alteration of information that we have collected from you at our site. Upon request contact information such as financial information, unique identifiers, transaction information, communications that the consumer/visitor has directed to the site can eb corrected by the customer by writing to us. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. If you feel that this site is not following its stated information policy, please contact us.
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