TRANSACTION TERMS AND CONDITIONS

Into The Sunshine (SP)

This may seem a lot at first, but you will find it is really important. It is fairly comprehensive and outlines what you should reasonably expect from Into The Sunshine when it comes to transacting. You must take the time to read this document as you will be signing that you have read it in order for us to complete a transaction with you. If you have any questions please ask your Into The Sunshine consultant or contact us.

Consumer Protection Act (‘CPA’) Notice

Please read the following carefully & proceed accordingly:

IF YOURS IS ONLY AN ENQUIRY AND NOT A BOOKING:

1. Please (1) SKIP the next two ‘bullets’ (2), peruse our website at your leisure & submit your enquiry to us by completing the template ‘Enquiry Form’ & submit.
2. However, if in the process of perusing our website or any of the hyperlinked websites and you come across anything that is not clear, please go to our ‘FAQ’ link as it may clarify what you are not sure about.
3. If you are still in a quandary, then please go to our ‘CONTACT US’ link & submit your question to us.

IF YOURS IS A BOOKING:

• The CPA in section 49 requires us to bring your attention to certain aspects – we’ve done that by underlining certain clauses.
• The CPA in section 49 also requires us to ‘Spell out’ risk(s) of certain aspects & activities – these clauses have a ‘[..]’ next to them & requires you to tick same as read, explained, understood & accepted – if any of these are still not clear or if you need any further explanation, DO NOT accept the T&C & go to ‘ONLY AN ENQUIRY’ above & follow those steps.
• The CPA in section 41 also requires us to clarify any ‘apparent misapprehension’ you may have – if you have such a ‘misapprehension’  DO NOT accept the T&C & go back  to ‘ONLY AN ENQUIRY’ above & follow those steps.
• If anything is STILL not clear or you STILL have a ’misapprehension’ or FAQ has not answered your question(s),  email, phone or visit us AGAIN BEFORE completing any ‘tick box’.
• If you are finally satisfied that all your queries have been addressed to your satisfaction, then (1) Read the T&C, (2) Tick those with a […], (3) complete all such tick boxes including acceptance of T&C & (4) proceed.

Application

All enquiries, advice, quotations or estimates made or provided by or bookings made with and/or all services rendered by or on behalf of  Into The Sunshine (SP) (‘the Tour Operator’) are subject to these terms and conditions (‘the Conditions’).

The Client and Authority

The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understood 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’).

Third Party Service Providers

The Tour Operator provides Clients with travel and/or other services either acting as 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 Tour Operator 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 fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company. 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 Tour Operator will provide the identity and terms and conditions (or access thereto) of all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise themselves with such terms and conditions (‘the Principal’s Conditions’).

Booking, Deposit and Reservation

Once the Client has filled in the contact form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) the Tour Operator will prepare and provide the Client with an estimate (by email) (‘the Estimate’). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of these Conditions by the Client initialling or ticking the relevant tick boxes, the Tour Operator will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’).  A deposit of 50%, 25% is non-refundable, (‘the Deposit’) of the total estimated value of the Proposed Travel Arrangements (‘the Price’) as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking’), subject to payment of the balance of the Price in due course as specified herein*. The Tour Operator will not confirm any reservation if the deposit and a signed Quotation are not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of your Booking (‘the Booking Confirmation Form’), which the Client must sign and return to the Tour Operator.

Payment and Payment Terms

The balance of the Price is due not later than eight weeks prior to departure [OR on or before the date specified in the Quotation or the Booking Confirmation Form]. If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account or the Tour Operator may cancel the Booking. Late payment may also result in cancellation of the reservation by the Principal. The Client undertakes to pay the Tour Operator interest at a rate of 5% above the prime rate charged by the Tour Operator’s bank on any payment made after the due date. 

Prices

Prices are quoted at the ruling daily exchange rate. Until the Tour Operator 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. However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as VAT).

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 Principal cancelling the Booking and retain any payment made (The Tour Operator will be entitled to retain any service fees charged).

Please note that in some cases Principals may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been effected.  

Once the Client agrees to go ahead with the booking, an admin fee starting from € 175,00 will be charged. 

Responsibility, Limitation of Liability and Indemnity

The Proposed Travel Arrangements are made on the express condition that The Tour Operator, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), to or of their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Tour Operator whatsoever, unless, in the case of injury or death, it is due to the negligent act or omission of the Tour Operator. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Tour Operator, its employees and agents accordingly. The Tour Operator, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever and howsoever arising, unless section 61 of the CPA applies. The Tour Operator is insured for financial protection by SATIB Insurance Brokers and any claims should be forwarded to contact@satib.co.za. 

Covid 19 and related restrictions or cancellations
You agree that it is your personal decision to travel and that you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risk of COVID-19, with you having taken full personal responsibility to inform yourself in relation thereto. The Tour Operator does not assume any responsibility for and shall not be liable for any unsafe conditions or health hazards, including pandemics or other illnesses to which you may be exposed. The Tour Operator will, however, use its reasonable endeavours to provide you with the latest travel information available to the Tour Operator in respect of the regulations, conditions and supplier terms applicable in relation to COVID-19, as at the time of your booking. This information is obtained from third party sources and is subject to change at any time without notice. The Tour Operator, its employees and agents, shall, accordingly, not be liable for any loss (financial or otherwise), damage, illness, harm, trauma, death, delay, denial of onward travel or costs ( including but not limited to quarantine costs), which you may incur or suffer, whether during or post travel, arising directly or indirectly out of the risks and/or dangers associated with travelling during the COVID-19 pandemic, whether or not you had been informed by the Tour Operator of such risks and/or dangers at the time of booking.

The Tour Operator is not responsible for the acts or omissions of travel suppliers, including the failure by the travel suppliers to adhere to their own schedules, provide services or refunds or their failure to honour any future trip credit.

Please note that most insurance policies have a specific clause stating that they do not cover epidemics and pandemics, especially when travel warnings are in place. It would be advisable for you to take advice from an insurance broker should you have any queries regarding the appropriateness of a travel insurance policy. The Tour Operator shall not be liable for your election not to purchase insurance, nor shall the Tour Operator be liable to you for any denial of any claim by a travel insurer as it relates to COVID-19 or any other claim under the relevant policy.

You are aware of the risks and dangers associated with travel during the Covid-19 pandemic and you expressly assume all of the risks and dangers in relation thereto; and hereby forever release, discharge and hold the Tour Operator, it’s employees, officers, directors, associated, affiliated companies and sub-contractors harmless against an and all liability, actions, causes of action, suits, damages, claims and demands of whatsoever nature which you may now have or which may hereafter arise out of or in connection with such risks and dangers.

Cancellation fees may apply if a booking is cancelled, due to travel bans or government travel restrictions. It is important to note that cancellation fees may vary, depending on the cancellation policy of the supplier as well as the amount of work involved for the Tour Operator  in making the changes and the loss in revenue to the Tour Operator due to the cancellation. Professional fees earned by the Tour Operator are non-refundable. It is important to review the cancellation policy applicable to your booking, to avoid any misunderstanding should your booking be cancelled for whatever reason.

Insurance

It is strongly advised that all Clients take out adequate insurance cover 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 this is not an exhaustive list). The Tour Operator will not be responsible or liable if the Client fails to take adequate insurance cover at all.

Travel Documents

Documents (vouchers, itineraries etc) are only prepared on receipt of payment of the Price in full. The Client will receive such documents 4 weeks before departure latest. Upon receipt of your travel documents, PLEASE CHECK that ALL the details therein are correct.

Passports, Visas and Health

It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria)  and the like, where required, have been obtained. Please check the requirements with the Tour Operator before travelling. The Tour Operator will endeavour to assist the Client but such assistance will be at the Tour Operator’s discretion and the Client acknowledges that in doing so, the Tour Operator is not assuming any obligation or liability and the Client indemnifies the Tour Operator against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.  Please note that all visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited.  If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The client must ensure that the details supplied to the Tour Operator mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 months after your scheduled return to South Africa.

Non South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure.

Late Booking and Amendment Fees

A late booking fee of R 1000.00 [**] per booking may be charged in respect of bookings received within 4 working days prior to the departure date and for 2 working days or less R1500.00 [**] per booking. This charge is levied to cover communication expenses involved. An amendment fee of R300.00 [**] per booking may be levied for any changes to the confirmed itinerary.

Cancellation

In the event of the Client cancelling the Booking, the Tour Operator shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Tour Operator. The Principals may reserve the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Tour Operator. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Principal’s Conditions or website. Principals may charge cancellation fees over and above those stated below):

Deposit of 25% non-refundable

8 weeks or less: 50% of the Tour Price
6 weeks or less: 65% of the Tour Price
4 weeks or less: 80% of the Tour Price
2 weeks or less: 100% of the Tour Price

Unscheduled Extensions

In the unlikely event of there being 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 Tour Operator, 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 Tour Operator reserve the right to make changes 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 and also to sign the final one.

Breakaways

While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.

Law and Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Tour Operator. Tour Operator 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.

Conduct 

The Client agrees that he/she will at all times comply with the Tour Operator’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on their trip, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Tour Operator against damages suffered and/or costs incurred by the Tour Operator and/or any third party as a result of a breach of this clause.

Special Requests

Clients who have special requests must specify such requests to the Tour Operator in the Enquiry or in response to the Estimate. Whilst the Tour Operator will use its best endeavours to accommodate such requests, it does not guarantee that it will.

Amendments

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 authorised representative of the Tour Operator.

Refunds

No refunds will be considered in any circumstances whatsoever by the Tour Operator. Refunds by the Principals will be subject to their terms and conditions. The Tour Operator is entitled to charge an administration fee for handling refunds. In the event that a booking is refunded the amount refunded may be different to the original amount paid, due to currency fluctuations.

Force Majeure

The Tour Operator shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Tour Operator. Force Majeure includes renovations that may be carried out at your accommodation whilst the Tour Operator will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against the Tour Operator.

The Tour Operator will use its best endeavours to recover from third parties such monies as may have been paid to them on behalf of the Client. All monies recovered by the Tour Operator  will be reimbursed to the Client, less a cancellation charge based on the time spent on the booking by the Tour Operator on the changes as well as lost revenue to the agent due the cancellation. Professional fees earned by the Tour Operator are non-refundable.

Foreign Exchange Regulation Compliance

This is the Client’s exclusive duty. This will apply especially when the Client instructs the Tour Operator to make and pay for travel arrangements on the Internet.

Internet Bookings

If the Client requests or instructs the Tour Operator  to do bookings via the Internet, the Client irrevocably authorises the Tour Operator  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.

Driver’s License

Even if you have obtained an international driver’s licence, please take your national driver’s licence with you.

Confidentiality

Subject to statutory constraints or compliance with an order of court, the Tour Operator 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 and international and on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure.

Dispute – Resolution

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

1. Firstly the parties will meet online within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of  AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgement upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations related to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.

DOMICILIUM ET EXECUTANDI

The parties elect their respective domicilium et executandi as reflected in the Booking.

Entire Contract

The Conditions 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 Tour Operator or otherwise that is not included herein.