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STANDARD
TERMS AND CONDITIONS OF CONTRACT - Sure
Mirage Travel CC
APPLICATION - All quotations or estimates provided by
or bookings made with and/or all services rendered by or on behalf of
Sure Mirage Travel C.C (‘the Travel Agent’) 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 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 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 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 its 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 relevant to the service being provided for the Client’s
booking. It’s the Client’s responsibility to familiarise itself
with such terms and conditions (‘the Principal’s Conditions’).
BOOKING, DEPOSIT & RESERVATION – Once the Client
has filled in the travel enquiry 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 Travel Agent will prepare and provide
the Client with an estimate (by hand, telefax or e-mail) (‘the Estimate’).
Upon the Client’s written confirmation that the facts and information
contained in the Estimate is correct, the Travel Agent will prepare a
quotation for the Proposed Travel Arrangements (‘the Quotation’).
A non-refundable deposit equivalent to the percentage (‘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 Travel
Agent 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 Travel Agent. * In the case of air tickets,
full payment is required as per the applicable fare rule. If full payment
is not received by the applicable date the airline will automatically
cancel the reservations and may apply penalty charges.
DESTINATION SELECTION: The Client acknowledges that it
has selected the itinerary and destination(s) constituting the Booking
based on information gleaned from brochures and/or the Internet. It also
acknowledges that such brochures and/or the Internet have been compiled
and are 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 brochure and/or the Internet. Any right of recourse in
that regard will be against the Principal.
PAYMENT AND PAYMENT TERMS - The balance of the Price
is due 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 Travel Agent may cancel
the Booking. Late payment may also result in cancellation of the reservation
by the Principal. The Client undertakes to pay the Travel Agent interest
at a rate of 5% above the prime rate charged by the Travel Agent’s
bank on any payment made after the due date. When paying by credit card
you will be required to complete the Travel Agent’s credit card
authorization form.
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. However, once payment
of the Price in full is received, the Price is guaranteed. However, airfares
are subject to the price and conditions quoted by the airlines and cannot
be guaranteed by the Travel Agent. Should the Client be a group booking
and the group number deviate 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 retaining any payment made
(The Travel Agent will be entitled to retain any service fees charged).
NOTE: Foreign credit cards, Amex credit cards and Diners credit cards
will not be accepted.
RESPONSIBILITY – 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,
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 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 or at all. 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, and 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. Kindly check with the respective credit card companies
in order to obtain the specific details of the cover.
TRAVEL DOCUMENTS - Documents (vouchers, itineraries etc)
are only prepared and released on receipt of payment of the Price in full.
PASSPORTS, VISAS & HEALTH - It is the 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 Travel Agent before travelling. The Travel
Agent will endeavour 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 familiarise him/herself with the inherent
dangers of and mental and/or physical condition required for the Proposed
Travel Arrangements. It is the client’s responsibility to ensure
the validity of passports and visas. The client must ensure that the details
supplied to the Travel Agent mirror those details shown on their passport
for international travel and ID documents for local travel.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary are areas where there is a high-risk
of malaria and other tropical diseases. We strongly recommend that the
necessary precautions be taken in this regard and recommend that you check
with your medical practitioner before departure or a medical practitioner
well versed in tropical diseases immediately upon your arrival in Africa
or any other tropical or sub-tropical destination. If you have not done
so prior to departure, it is imperative you do so upon your return.
LATE BOOKING & AMENDMENT FEES - A late booking fee
will be charged in respect of bookings received within 7 (seven) working
days prior to the departure date. This charge is levied to cover communication
and other expenses involved. An amendment fee may be levied for any changes
to the confirmed itinerary.
CANCELLATION - In the event of Client cancelling the
Booking, the Travel Agent shall have the right to either claim the Deposit
or to retain the Deposit and claim damages suffered by the Travel Agent.
The Principals may reserves 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 Travel Agent. 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):
More than six weeks prior to departure Deposit is forfeited
4 - 6 weeks prior to departure: 50% of the total Price
2 – 4 weeks prior to departure: 60% of the total Price
1 – 2 weeks or less: 100% of the total Price
Some airfares once issued are non-refundable
UNSCHEDULED EXTENSIONS - In the unlikely event of there
being unscheduled extensions 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 & TRANSFERS - While every effort
is made to keep to the final itinerary, Principals and/or the Travel Agent
reserves 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 & JURISDICTION - South African law and the jurisdiction
of South African courts will govern the relationship between the Client
and the Travel Agent The Travel Agent 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 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 tour.
SPECIAL REQUESTS - Clients who have special requests
must specify such requests to the Travel Agent in the Enquiry or in response
to the Estimate. Whilst the Travel Agent 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 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 terms and conditions.
FOREIGN EXCHANGE REGULATION COMPLIANCE - This 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 - The Client must be ready to show their
identity document and possibly their credit card at the check-in counter
of the airline concerned. This will apply to all members of a travelling
party and for EACH MINOR.
INTERNET BOOKINGS – If the Client requests the
Travel Agent / instructs the Travel Agent to do bookings via the Internet,
the Client irrevocably authorises the Travel Agent 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.
LIMITATION OF LIABILITY - The Travel Agent, its officers,
directors, servants or agents will under no circumstances be liable for
any claim for any 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.
whatsoever, 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 R10 000, 00 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 on an attorney and own client scale in the event that the Travel
Agent has to engage a lawyer to enforce or defend any of its rights or
otherwise.
CONFIDENTIALITY – 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 and international & on return to RSA, domestic
connecting flights) must be reconfirmed by the Client 72 hours prior to
departure.
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 Travel Agent
or otherwise that is not included herein.
BOOKINGS ONLINE TERMS & CONDITIONS
PLEASE NOTE THAT OVER AND ABOVE THESE ONLINE TERMS AND CONDITIONS ALL
BOOKINGS ARE SUBJECT TO SURE MIRAGE TRAVEL’S STANDARD TERMS AND
CONDITIONS OF CONTRACT (‘STC’) WHICH APPEAR BELOW –
WHERE THERE IS A CONFLICT BETWEEN THE TWO, THE STC WLL PREVAIL
SURE MIRAGE TRAVELS GENERAL POLICY
Sure Mirage Travel’s website www.miragetravel.co.za is owned and
managed by Sure Mirage Travel . (‘Mirage Travel’). It is registered
CK 994257223. All intellectual property rights including copy right on
the design, layout & functionality and corporate identity vests in
Sure Mirage Travel CC, may not be infringed, copied, or used in whole
or in part without the prior written permission of Sure Mirage Travel
CC. The site may only be used for personal and non-commercial use. Any
other use of this site needs the prior written permission from Sure Mirage
Travel. If this site is misused in any way you will be liable for any
legal action taken. All details that you give to us must be your own personal
information. Action will be taken against individuals supplying Sure Mirage
Travel with fraudulent information, false enquiries, bookings, reservations
or information requests etc. whilst using www.miragetravel.co.za The site
caters for South African residents only.
WEBSITE INFORMATION:
The information displayed on www.miragetravel.co.za is supplied to us
by third party providers. Sure Mirage Travel acts as a booking agent on
behalf of our suppliers. The information supplied to us by third parties
can change without notification. Sure Mirage Travel will do its utmost
to ensure that the information displayed is current and up to date. However
such information is displayed in good faith and Sure Mirage Travel does
not accept responsibility for any third party information that is incorrectly
represented on its website. Hotel gradings are supplied to The Travel
Agent on behalf of the hotel suppliers, The Travel agent does not take
any responsibility for the grading of hotels. The pictures used on the
website www.miragetravel.co.za are for the purpose of hotel representation
and The Travel agent does not guarantee the room pictures used on the
site will be the actual room booked. 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’).
You will be notified of any additional costs at the time of you making
the booking with Sure Mirage Travel and when Sure Mirage Travel gives
you confirmation. The Travel Agent represents the Principal as agents
only and accordingly accepts no liability for any loss, damage, injury
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 its 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 relevant to the
service being provided for the Client’s booking. It’s the
Client’s responsibility to familiarise itself with such terms and
conditions (‘the Principal’s Conditions’).
PACKAGES & AIRFARES
Package offers are subject to availability, date restrictions & currency
fluctuations where applicable. They exclude visa costs, cruises excludes
port taxes & airport & security taxes where applicable. Terms
and Conditions apply. Prices were correct at time of going live. E &
OE. Packages are advertised per person sharing a twin room unless otherwise
indicated. Airfares: Airfares advertised are based on economy class, low
season unless otherwise specified. Sure Mirage Travel includes all airport
taxes, airline fuel & security surcharges. Availability of seats at
advertised fares & date restrictions are determined by airlines not
Sure Mirage Travel. Small price variations may occur due to exchange rate
fluctuations affecting taxes and surcharges. You will be notified of any
additional costs at the time of you making the booking with Sure Mirage
Travel and when Sure Mirage Travel gives you confirmation. Flight Schedules
& Confirmations Airlines flight schedules are subject to Air Traffic
Control restrictions and 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.
CLIENT RESPONSIBILITIES
It is the client’s responsibility to ensure that you reconfirm the
departure date and times of all your flights at least 72 hours prior to
your departure. Sure Mirage Travel will not accept any responsibility
for any delays and /or loss as a result of your failure to reconfirm any
flight and/or connecting flight. It is your responsibility to obtain all
passport, visa and health information relevant to your travels. The Sure
Mirage Travel site will be able to give you information & contact
details on the above; the responsibility of obtaining visas, passports
etc. remains with you, the client.
TRAVEL INSURANCE
Sure Mirage Travel strongly recommends that you take out adequate travel
insurance. This must be taken out at the time of making a travel request.
All premiums must be paid at the time of booking. View our travel insurance
options on our website. Sure Mirage Travel will not be liable if anyone
should not fail to take adequate insurance cover. We will require that
all people booking with us take out travel insurance should you not wish
to take out travel insurance then we will require you to complete a form
of non-acceptance. The Free travel insurance from paying with your Credit
card is not sufficient and there are high excesses to be paid. We strongly
recommend that if you are travelling on the insurance granted from paying
on your credit card that you take out a credit card top up policy.
BOOKING TERMS AND CONDITIONS
Sure Mirage Travels online holiday package bookings will be handled Monday
– Friday. Sure Mirage Travel will endeavour to confirm holiday packages
within 48 hours unless the booking is sent over the weekend or within
public holidays. Upon completing your booking form, Sure Mirage Travel
will send you confirmation of all details & final prices and a request
for full payment which must be received within 72 hours. Failure to pay
within 72 hours will result in automatic cancellation of your booking.
The price is only guaranteed when the full price has been paid within
72 hours of Sure Mirage Travel having given you a written confirmation.
The final payments are non-refundable. If some bookings require full payment
prior to confirmation and if Sure Mirage Travel is unable to confirm the
booking then you will be liable in full. The names on the booking form
must mirror that on your passport / ID documents. Please note: Foreign
credit cards, Amex credit cards and Diners credit cards will not be accepted.
PRICE CHANGES
Costs associated with travel arrangements can fluctuate sharply. When
you book a holiday package through us, we reserve the right to pass on
any surcharges to you to cover courier costs, increase in fuel surcharges
& security charges / taxes or fees chargeable for services such as
landing taxes or embarkation or disembarkation fees at ports and airports,
or exchange rates that are applicable to your particular holiday package.
METHODS OF PAYMENT
Credit Cards:
We will require you to indicate, on the booking form, when selecting to
pay by credit card that you accept that the information, which you have
provided, is correct. This indication will serve as a signature. Please
ensure that the names used on the booking form mirrors that in your passport
/ ID document. In accordance with International Airline Travel Association
(IATA) bulletin # A1/00 we need a signed and validated Standard Credit
Card Charge Form. A signed and validated Standard Credit Card Charge Form
(SCCCF) or payment through our Virtual Card Services system, are the only
recognised forms of payment for credit cards. Please note: Foreign credit
cards, Amex credit cards and Diners credit cards will not be accepted.
EFT Transfers:
Sure Mirage Travel accept EFT transfers the EFT transmission report emailed
to Sure Mirage Travel on rashid@miragetravel.co.za and that the payment
has been confirmed as received by Sure Mirage Travel.
