Terms and Conditions:

Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and FTA (PTY) Ltd (“FTA”). 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.


1. Responsibility - FTA 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. FTA 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 or reservation confirmed by the supplier), shall constitute the sole contract between the supplier and the client. Any right of recourse the client may have, will be solely against the supplier, in terms of the latter’s specific standard terms and conditions. By placing a booking with FTA, the client confirms that he/she/they/it has/have familiarized himself/herself/themselves/itself with the respective suppliers’ standard terms and conditions (including, without limitation, the terms and conditions contained herein), and has/have acceded thereto.

 

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 FTA within 48 hours of confirmation of your booking(s). 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. Please refer to clause 15, with regards to cancellations.


3. Late Booking Fee & Communication Expenses - In the event of a booking being made less than 7 days prior to the date of departure, FTA reserves the right to charge any extra communication expenses. A late booking fee of R500 will be charged for requests received within 7 days of departure. 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 may be refunded in full, subject to applicable cancellation fees, as set out in clause 15. Due to the policies of our suppliers, we require full payment before we can request availability for bookings made within 10 days of departure.

 

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 blocked out dates may apply. Airfares are subject to the prices and conditions quoted by the particular suppliers (e.g. airlines), and cannot be guaranteed by FTA. The onus is on both the agent & the passenger to check that there have been no changes in pricing before making final payment. Should the client make a group reservation & subsequently the group numbers deviate from the minimum number required for the booking, FTA reserves the right to re-cost the price and raise a surcharge. Should you refuse to accept and pay such surcharge, it may result in cancellation of the booking and forfeiture of all payments made (please refer to clause 15). FTA guarantees the price of land arrangements only once full payment is received.

5. Substitution - FTA or its 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 without notice.

6. Itinerary Alterations & Amendments

6.1        Changes at your request: if you wish to make a change to your booking, FTA will endeavour to assist you to make the change wherever and however possible. You will be required to pay all charges, of whatsoever nature, imposed by the suppliers as providing for 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.

6.2        While every effort is made to keep to all itineraries, FTA reserves the right to cancel any tour/travel arrangements prior to departure, in which event the entire payment will be refunded by FTA, as full and final settlement of any and 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.

6.3        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. Please refer to clause 15 regarding probable implications. Such changes specifically include, but are not necessarily limited to, any changes which are required to be affected 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, i.e. the client’s full payment may be forfeited, requiring the client to book and remit anew. Unfortunately, airlines are not open to negotiating changes post ticket issuance.

6.4        Amendments - An amendment fee of R300 will be charged by FTA for each amendment made to a fully confirmed reservation. This amendment fee excludes the applicable airline reissue/cancellation fee, applicable where tickets have already been issued. Amendments made within 6 weeks of departure, in the case of passengers travelling outside of peak season, and within 12 weeks of departure, in the case of passengers travelling during peak season, will attract the applicable cancellation fees, in addition to this amendment fee.

 

7. Travel Delays - FTA assumes no responsibility for any delays prior to departure, or during the course of arranged 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 will likely not be refunded. However, FTA will make every effort to negotiate refunds on behalf of passengers.

 

8. Force Majeur (superior force) - FTA does not accept liability, nor will pay any compensation, where the performance of our contractual obligations is affected by "force majeure" (including, 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), or other circumstances amounting to "force majeure". FTA will make every effort to assist passengers where necessary and/or possible.

9. Unused Services - No refunds will be considered for any unused services, irrespective of whether they form part of a basic package, or whether they are in respect of pre-booked optional arrangements. No refunds will be considered on partially unused hotel accommodation, flights or car rentals.

10. Special Requests - Should you have any special requests, same should be conveyed to FTA at the time of booking. FTA will endeavour to comply with special requests; however, FTA cannot guarantee that these special requests will be met. We pass on special requests 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.

11. Travel Insurance - Travel insurance is essential. FTA strongly advise passengers to take out travel insurance against cancellation (including amendments to travel arrangements), curtailment, illness, loss of baggage, personal accident, personal liability and default at the time of booking.

12. 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.

13. 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. FTA hereby specifically excludes itself from any liability for any delay and/or loss as a result of your failure to reconfirm any flight and/or connecting flight.

14. Documents - Documents (e.g. vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price, and signed & completed Booking Form; documents will be ready 48 hours after payment has been received, subject to clause 2 above. It is important that you check all details on 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 FTA immediately. FTA 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.


15. Cancellations and Curtailment

15.1      Section 17 of the Consumer Protection Act, Act No. 68 of 2008, provides as follows with regards to cancellations of reservations, bookings or orders:

(2)        Subject to subsections (3) and (4), a consumer has the right to cancel any advance booking, reservation or order for any goods or services to be supplied.

(3)        A supplier who makes a commitment or accepts a reservation to supply goods or services on a later date may—

(a)        require payment of a reasonable deposit in advance; and

(b)        impose a reasonable charge for cancellation of the order or reservation, subject to subsection (5).

(4)        For the purposes of this section, a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to—

(a)        the nature of the goods or services that were reserved or booked;

(b)        the length of notice of cancellation provided by the consumer;

(c)        the reasonable potential for the service provider, acting diligently, to find an alternative    consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and

(d) the general practice of the relevant industry.               ”

15.2      If you wish to cancel your booking, you must advise FTA or your agent immediately. You will be held liable for cancellation fees and charges.

15.3      Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances, this may amount to 100% of the total fare, regardless of when cancellation is affected. In any event, where cancellation does not amount to 100% of the total fare, i.e. any other lesser amount is charged and the difference is returned to FTA, the latter reserves the right to apply such difference as wasted costs/charges (comprising any and all liquidated damages), with said difference being forfeited and surrendered by the client, who will have no claim against FTA herein whatsoever.

15.4      In the event of a package-booking, you will be responsible for all cancellation fees/charges, of whatsoever nature, imposed by the suppliers providing the respective component parts of such travel arrangements.

15.5      FTA charges a cancellation fee equal to 25% of the total package price on any finalized booking. FTA 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 been remitted, will be applied as payment or part payment of any cancellation charges. This clause shall be subject to clauses 15.3 and 15.4 above, but may apply in addition thereto.

15.6      Book now Pay later, valid for selected departures, subject to availability: with further reference to clause 2 above, a R1000 per person deposit is non-refundable, and payable at time of booking. The balance of the payment is due 8 weeks prior to departure. Packages are subject to availability at the time of the reservation. Standard terms and conditions apply, as provided by respective suppliers. By placing your reservation, you confirm that you have familiarized and acquiesced to said terms and conditions (including cancelation policies) of said respective suppliers.

 

16. Air tickets - Cancellation fees apply once air tickets are issued, and subsequently cancelled or amended. The cancellation/amendment 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, tickets cannot be changed and are non-refundable, once issued. As indicated, airlines are not open to negotiating any 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 changes. Failure to reconfirm flights with the airline concerned could lead to the cancellation of the flight reservation. FTA assumes no responsibility for overbooking by airlines, resulting in passengers being denied boarding. Provided passengers adhere to check-in times, it is the airlines’ responsibility to reroute or rebook flights.

 

17. Complaints

17.1      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.

17.2      If you are still dissatisfied, you must notify FTA immediately, and by no later than 5 (FIVE) days of your returning from your trip/holiday, 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.

17.3      Whilst every effort will be made to resolve your complaint to your satisfaction, it is specifically recorded that FTA in no way accepts any liability for any claim of whatever nature arising from your reservation/booking.

 

18. 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, etc.) where required, have been obtained. Passports must be valid for 6 months after return to South Africa. Please check the requirements with FTA before travelling. FTA will endeavour to assist you, but such assistance will be at FTA discretion, and the client acknowledges that in so doing, FTA does not assume any obligation or liability and the client indemnifies FTA 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 FTA mirror those details shown on their passport for international travel and ID documents for local travel. If you or any member of your party has any medical problem or disability which may affect your trip, you need to give FTA full details in writing at the time of booking. If FTA reasonably feels unable to properly accommodate the particular needs of the person concerned, FTA reserves the right to decline their reservation. FTA reserves the right to cancel the reservation, should we become aware of any such medical problem or disability which has not been disclosed.

 

19. General Information

19.1      Taxes: FTA 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 details.

19.2      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 – FTA is not always (timeously) notified of renovations, which dates are subject to change.

19.3      Charges to your credit card: Any charges made to your credit card whilst away are your responsibility. FTA will not be liable for levying of any of these charges, nor accept responsibility or liability for having charges reversed or corrected upon your return to South Africa.

19.4      Drivers Licence: Even if you have obtained an international drivers’ licence, please take your national driver's licence with you.

19.5      Confidentiality: Subject to statutory constraints or compliance with an order of court, FTA undertakes to deal with all client information of a personal nature on a strictly confidential basis.

 

20. Jurisdiction of the Magistrate's Court - FTA shall be entitled, at its option, to institute or defend 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, or legal action is instituted against it in another jurisdiction.

21. Legal Compliance - This document, together with FTA's standard FTA 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. You as client acknowledges that you have not relied on any representation, warranty, and promise stated on behalf of FTA, or otherwise that is not included herein. No addition to the FTA 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-own-client scale incurred by FTA in recovering any damages and payments payable by the passenger to FTA, 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. If any provision of these terms and conditions is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision contained in this document. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from these terms and conditions, which shall be enforced as if the terms and conditions comprising this document did not contain the invalid, illegal, or unenforceable provision.

22. 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 terms and conditions contained herein, and deemed 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.

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