HOLIDAY PACKAGES STANDARD TERMS AND CONDITIONS (STC)
Please read the following booking conditions carefully, as
they set out the terms and conditions of the contract between you and Silver
Peach Marketing (PTY) Ltd (“Holiday Packages”).
We act as booking agents for the suppliers of the component
parts of the holiday we organize, and as such, bookings for their services will
form a direct contract between you and the relevant supplier, and will be
subject to that supplier’s standard terms and conditions. Preamble Silver Peach
Marketing (PTY) Ltd, Registration Number 2004/01013109/07 (“Holiday Packages”)
provides clients (you/ your) with travel and/or other services on behalf of
1. Responsibility - Holiday Packages act as agents only for
local and international ground operators and airlines and accordingly accepts
no liability whatsoever for any loss, damage, injury, accident, delay, or any
other irregularity howsoever arising. Holiday Packages makes every effort to
ensure that all the arrangements and services connected with a passenger’s
itinerary will be carried out as specified in the most efficient and effective
way possible. However, we do not have direct control over the provision of
services by suppliers and, whilst they are in all cases selected with the
utmost care, we do not accept liability for errors and omissions of such
suppliers. The contract in use by such suppliers (which is often constituted by
the ticket issued by the Principal), shall constitute the sole contract between
the supplier and the client and any right of recourse the client may have, will
be solely against the supplier.
2. Bookings - Bookings, save for late bookings as referred
to hereunder, are confirmed on the condition that a non-refundable deposit, of
a minimum of 25% of the total land price together with full payment in respect
of the airfare, is paid to Holiday Packages within 48 hours of confirmation of
your bookings. You will be advised at the time of booking what payment is
required for your particular arrangements. The balance of the cost of your
travel arrangements must be paid no less than eight weeks prior to departure.
If your booking is made within 8 weeks of departure, the total cost of your
travel arrangements must be paid at the time of booking. Please note: FAILURE
TO PAY ON TIME WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR BOOKING
3. Late Booking Fee & Communication Expenses - In the
event of a booking being made less than 7 days prior to the date of departure,
Holiday Packages reserves the right to charge for any extra communication
expenses. Full payment is due immediately on confirmation and is non-refundable
on all late bookings. Some bookings require full payment at the time of booking
i.e. prior to confirmation. If we are unable to secure confirmation you will be
refunded in full.
4. Price Changes - The costs associated with travel
arrangements are not always stable, and currency movements can fluctuate
sharply. It is impossible to predict these movements in advance. When you book
a package through us, we reserve the right to pass on any surcharges to you.
Surcharges may be imposed to cover increases in transportation costs, including
the costs of fuel and security charges, taxes or fees chargeable for services
such as landing taxes or embarkation or disembarkation fees at ports and
airports, or exchange rates applied to the particular package. Peak season
surcharges and block out dates may apply. Airfares are subject to the prices
and conditions quoted by the particular airlines and cannot be guaranteed by
Holiday Packages. The onus is on the agent & the passenger to check that
there have been no changes in these prices before making final payment thereof.
Should the client make a group reservation & subsequently the group numbers
deviate from the minimum number required for the booking, Holiday Packages
reserves 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 cancellation
of the booking and forfeiture of all payments made. Holiday Packages guarantees
the price of land arrangements, only once full payment is received.
5. Substitution - Holiday Packages or their agents and
associated companies reserve the right to substitute hotels booked with a
similar category or upgrade to a higher category at no extra cost to the
passenger. Hotels reserve the right to close facilities due to operational
requirements without prior notice. Services and facilities at hotels may change
6. Itinerary Alterations - While every effort is made to
keep to all itineraries, Holiday Packages reserves the right to cancel any
tour/travel arrangements prior to departure, in which event the entire payment
will be refunded by Holiday Packages as full and final settlement of all
further liability of whatsoever nature, howsoever arising, which may arise as a
result of such cancellation. The duration of the travel package may have to be
extended or curtailed owing to unforeseen changes in transport schedules. Any
resultant expense will be borne by the passenger.
7. Travel Delays - Holiday Packages does not hold itself
responsible for any delays prior to departure, or during the course of its
tours, brought about by technical difficulties, strikes, weather conditions or
any other unforeseen circumstances which are beyond its control. It is
understood that any expenses relating to these unscheduled extensions (e.g.
hotels, meals, airfares, telephone calls, etc.) will be for the passengers’
account. Losses due to travel delays may not be refundable however, we will
always use our best endeavour to negotiate refunds on behalf of passengers.
8. Force Majeur (superior force) - Holiday Packages does not
accept liability or pay you compensation where the performance of our
contractual obligations is affected by “force majeure” (included but not
limited to war, threat of war, riot, civil or political unrest, industrial
dispute, terrorist activity, natural or nuclear disasters, fire, adverse
weather conditions, closure of ports or airports, air traffic control delays,
technical problems, circumstances amounting to “force majeure”. Holiday
Packages will always use its best endeavours to assist passengers where
necessary and or possible. +27 10 023 0766 | email@example.com
Holiday Packages is a subsidiary of AfricaStay.com
9. Unused Services - No refunds will be considered for any
unused services irrespective of whether they form part of the basic package, or
whether they are in respect of pre-booked optional arrangements. No refunds can
be considered on partially unused hotel accommodation, flights or car rentals.
10. Special Requests - Should you have any special requests
these should be conveyed to us at the time of booking. AfricaStay will
endeavour to comply with special requests however Holiday Packages cannot
guarantee that these special requests will be met.
11. Travel Insurance - Travel insurance is essential. We
strongly advise passengers to take out travel insurance against cancellation,
curtailment, illness, loss of baggage, personal accident, personal liability
and default at the time of booking.
14. Amendments to Airline Tickets - Once tickets have been
issued; a cancellation fee will be levied by the airline in question (this fee
varies from airline to airline and can range from 25% up to 100% of the fare
paid plus VAT) should any changes be requested. Such changes specifically
include, but are not necessarily limited to, any changes which are required to
be effected due to the incorrect spelling of a passenger’s name, change to
travel dates or routing. In some cases, once issued, any changes will result in
a 100% cancellation fee. Airlines are non-negotiable to changes post ticket
13. Flight and Other Travel Timings - Flight timings are
provided by airlines and are subject to Air Traffic Control restrictions. All
means of transportation are subject to weather conditions, the need for
constant maintenance, and the ability of passengers to check-in on time. There
is no guarantee that flights, ferries, ships, trains or coaches will depart at
the times stated on any itinerary or tickets which you receive. All timings are
estimates only, and we do not accept any liability for any delay, however
arising, or for any schedule alterations.
14. Flight Reconfirmation - It is your responsibility to ensure
that you reconfirm the departure date and times of all your flights at least 72
hours prior to departure. This is particularly important in respect of
subsequent journeys once leaving South Africa and Holiday Packages hereby
specifically excludes any liability for any delay and/or loss as a result of
your failure to reconfirm any flight and/or connecting flight.
15. Documents - Documents (vouchers, itineraries, etc.) are
only prepared on receipt of full payment of the package price, and signed &
completed Booking Form, and will be ready 48 hours after payment has been
received. It is important that you check all details of your travel documents
(including your itinerary) before leaving South Africa. If there are any
inaccuracies on any of your travel documents, or should you have any further
queries, you should contact your travel agent immediately. Holiday Packages
will not be liable for any delay and/or loss occasioned as a result of any
inaccuracies on any travel documents once you are in receipt thereof and you
have left South Africa.
16. Changes by You - If you wish to make a change to your
booking we will endeavour to assist you to make the change wherever this is
possible. You will have to pay all charges, whatever kind, imposed by the
suppliers providing that component part of your travel arrangements when
amending a booking any time prior to departure. Fares will be re-quoted at the
time of amendment. After departure it is understood that extra expenses
incurred as a result of any change will be for the passenger’s account, and any
unused service will not be refunded. Amendments and cancellations en route must
be made with our operators directly.
17. Cancellations and Curtailment - If you wish to cancel
your booking you must advise Holiday Packages or you agent immediately.
You will be liable to pay the following cancellation
1. Where your booking includes a special fare, the relevant
charges are levied by the airline. In some circumstances this may be 100% of
the total fare, regardless of when cancellation is effected;
2. Where your booking is for a package, you will be
responsible for all cancellation charges, of whatsoever nature, imposed by the
suppliers providing the component parts of such travel arrangements.
3. Holiday Packages charges a cancellation fee equal to 10%
of the package price on any finalized booking. However, Holiday Packages
reserves the right to charge a cancellation fee of up to 100% of the total
package, in its sole discretion, in particular circumstances.
Any monies, which you have already paid to us, will be taken
by us as payment or part payment of any cancellation charges. 18. Air tickets -
Cancellation fees apply once air tickets are issued. The cancellation fees
range between 25% up to 100% (plus VAT) of the total airfare paid, dependent on
the class of travel and the airline concerned. During high/peak periods - once
issued, tickets cannot be changed and are non-refundable. Airlines are
non-negotiable to changes post ticket issuance. Passengers are reminded that
they are responsible for reconfirmation of flights and flight times at least 72
hours prior to departure to ensure the airline has had no schedule or time
Failure to reconfirm flights with the airline concerned
could lead to the cancellation of the flight reservation. Holiday Packages is
not responsible for the over
booking by airlines resulting in passengers being
Providing passengers adhere to check in time, it is the
airlines responsibility to reroute or rebook flights. +27 10 023 0766 |
firstname.lastname@example.org Holiday Packages is a subsidiary of AfricaStay.com
19. Amendments - An amendment fee of R300 will be charged for each amendment
made to a fully confirmed reservation. This amendment fee excludes the
applicable airline reissue/cancellation fee (applicable if tickets have already
Amendments made within 6 weeks of departure, in the case of
passengers travelling outside of peak season, and within 14 weeks of departure,
in the case of passengers travelling during peak season, will attract the
applicable cancellation fees in addition to this amendment fee.
20. Late Booking Fee - A late booking fee of R500 will be
charged for requests received within 7 days of departure. Once confirmed these
bookings will carry the cancellation fees as set out above. Due to the policies
of our suppliers we require full payment before we can request availability for
bookings made within 10 days of departure.
21. Complaints: 1. In the event that you have any reason to
complain, or experience any problems with your holiday whilst away, you must
immediately inform the supplier of the services in question. 2. If you are
still dissatisfied, you must notify Holiday Packages immediately to enable us
to resolve the problem. Failure to give us the opportunity to resolve any
problem at the time it occurs may result in either a reduction, or complete
extinction, of any rights which you may have to claim compensation. 3. If you
remain dissatisfied, contact the Customer Services Manager within 28 days of
the unsatisfactory service, giving your booking reference and full details of
your complaint on email: email@example.com 4. Whilst every effort will be
made to resolve your complaint to your satisfaction, it is specifically
recorded that Holiday Packages in no way accepts liability for any claim.
22. Passports, Visas and Health - It is entirely the clients
duty to ensure that all passports & visas are current, valid, obtained on
time and that any vaccinations, inoculations, prophylactics (e.g. for malaria)
and the like, where required, have been obtained. Passports must be valid for 6
months after return to South Africa. Please check the requirements with
AfricaStay or with your travel agent before travelling.
Holiday Packages will endeavour to assist the client but
such assistance will be at Holiday Packages discretion and the client
acknowledges that in doing so, Holiday Packages is not assuming any obligation
or liability and the client indemnifies Holiday Packages 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. The client must ensure that the
details supplied to Holiday Packages mirror those details shown on their
passport for international travel and ID documents for local travel.
23. General Information:
1. Taxes: Holiday Packages will advise you of all mandatory
taxes, which you must pay before departure. However, many countries charge
departure taxes that can only be paid locally. It is therefore recommended that
you retain sufficient local currency to meet such charges. Details of departure
taxes can be obtained from the relevant airline when you reconfirm your flight
2. Special requests: We can pass on any special requests
that you may wish to make at the time of booking, but acceptance of such
requests is at the discretion of the airline or other supplier and in no
circumstances are special requests guaranteed.
Confirmation that a special request has been noted or passed
on to the supplier, or the inclusion of the special request on your
confirmation invoice or any other documentation, is not confirmation that the
request will be met.
3. Medical Problems: If you or any member of your party has
any medical problem or disability which may affect your holiday, you need to
give us full details in writing at the time of booking. If we reasonably feel
unable to properly accommodate the particular needs of the person concerned, we
reserve the right to decline their reservation.
We reserve the right to cancel the reservation should we
become aware of any such medical problem or disability which has not been
4. Renovations: Hotels undergo renovations from time to time
and take all possible steps to limit disruption to their guests. We will not
entertain complaints or requests for refunds if a hotel is carrying out
renovations whilst a guest is resident. If we are specifically advised of
renovation work, dates may be provided. It is important to remember that these
are subject to change and we are not always notified.
5. Charges to your credit card: Any charges made to your
credit card whilst away are your responsibility. Holiday Packages will not be
responsible, nor accept responsibility for having these charges reversed or
corrected upon return to South Africa.
6. Drivers Licence: Even if you have obtained an
international drivers licence, please take your national driver’s licence with
7. Confidentiality: Subject to statutory constraints or
compliance with an order of court, Holiday Packages undertakes to deal with all
client information of a personal nature on a strictly confidential basis.
24. Jurisdiction of the Magistrate’s Court - Holiday
Packages, a Division of Silver Peach Marketing PTY Ltd, shall be entitled, at
its option to institute any legal proceedings arising out of or in connection
with this contract in any Magistrate’s Court having jurisdiction in terms of
Section 29 of the Magistrate’s Court Act No 32/1944 as amended, notwithstanding
that the amount in issue may exceed the limits of such jurisdiction. +27 10 023
0766 | firstname.lastname@example.org Holiday Packages is a subsidiary of
AfricaStay.com 25. Legal - This document together with Holiday Packages’ standard
Holiday Packages invoice / itinerary constitutes the sole record of the
agreement between the parties.
No party shall be bound by any representation, warranty, and
promise of the like not recorded herein. Client acknowledges that he/she has
not relied on any matter or thing stated on behalf of Holiday Packages or
otherwise that is not included herein. No addition to the Holiday Packages
standard booking conditions shall be of any force or effect unless in writing
and signed by or on behalf of the parties.
All costs and disbursements, including legal costs on the
attorney and client scale incurred by Holiday Packages in recovering any
damages and payments payable by the passenger to Holiday Packages shall be for
the passengers’ account. This agreement shall in all respects be governed by
and construed in accordance with the laws of the Republic of South Africa.
The passenger hereby consents to the jurisdiction of the
Magistrates Court having jurisdiction over its person in respect of all
proceedings in connection with this agreement.
26. 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 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”)