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STANDARD CONDITIONS
OF BUSINESS
SURE MAKRO TRAVEL
Preamble
- Makro Travel (Pty) Ltd trading as Sure Makro Travel Ltd, Registration Number 75/00691/07
("Sure Makro Travel (Pty) Ltd") carries on business under the regulations of the
Association of South African Travel Agents ("ASATA") and provides clients (YOU/YOUR)
with travel and/or other services on behalf of principals and/or other agents engaged
in, or associated with the Travel Industry, including inter alia, airlines, tour
operators, hotels, shipping companies, car hire and other providers of air, land,
sea or any other travel arrangements, products or services. Makro Travel (Pty) Ltd
trading as Sure Makro Travel will provide, on request, the identity, terms and conditions
of all our principals and other parties for whom we act directly as agent relevant
to the service being provided for YOUR booking.
Liability
- Makro Travel (Pty) Ltd trading as Sure Makro Travel represent airlines, tour operators,
service suppliers and other travel organizations as agents only, and accordingly
on receipt by Makro Travel (Pty) Ltd trading as Sure Makro Travel of any bookings
in a brochure or tailored quote. Makro Travel (Pty) Ltd trading as Sure Makro Travel
shall transmit any such booking to the supplier concerned and endeavor to secure
timeously all reservations and arrangements.
- All vouchers, receipts and tickets
are issued subject to the terms and conditions specified by the suppliers and, by
accepting the vouchers and tickets and/or utilising the services any person participating
in any of Sure Makro Travel (Pty) Ltd' tours or packages become contractually bound
to the supplier thereof.
- Neither Makro Travel (Pty) Ltd trading as Sure Makro
Travel nor any holding, parent, subsidiary, affiliated or associated company or
representative shall be liable for any loss, injury of, or damage to your person
and/or belongings whatsoever and you indemnify Makro Travel (Pty) Ltd trading as
Sure Makro Travel accordingly. Makro Travel (Pty) Ltd trading as Sure Makro Travel
furthermore do not accept liability for any actions, errors or omissions on the
part of any principal or third party and/or their agents, which may be prejudicial
to you or result in loss in any way or form whatsoever.
- Those parties for whom
Makro Travel (Pty) Ltd trading as Sure Makro Travel act as agents may be acquitted
from responsibility in that they act as agent themselves or have contracted out
of liability, as may the ultimate principals such as hotels, car hire and coach
operators, and it is therefore recommended that appropriate insurance be taken out
for all travelers.
Bookings, Change of Arrangements, Routes and Prices
- "The booking" or "the reservation" refer to part, or all of the travel arrangements
for transportation, accommodation, sightseeing and other linked travel services
made on behalf of a client with principals and parties for whom Makro Travel (Pty)
Ltd trading as Sure Makro Travel acts as agent, and excludes services of a peripheral
nature as described or similar to those described in Clause 6.
- Any booking made
by Makro Travel (Pty) Ltd trading as Sure Makro Travel constitutes a form of contract
between you and the parties referred to in the above clause and is consequently
subject to the terms and of Makro Travel (Pty) Ltd trading as Sure Makro Travel
and such other parties conditions of agreement of business.
- Wherever possible,
Makro Travel (Pty) Ltd trading as Sure Makro Travel will endeavor to confirm the
status of any booking in writing, but we may not always be able to do so. In such
cases, failure to provide written confirmation shall not be considered to negate
the validity and conditions of the booking or to constitute an act of negligence
on behalf of Sure Makro Travel (Pty) Ltd.
- In the event of there being an unscheduled
extension to the booking caused by flight delay, bad weather, strike or any other
cause that is beyond the control of Sure Makro Travel (Pty) Ltd, it is understood
that expenses relating to these unscheduled extensions (hotel accommodation, etc)
will be for your account.
- In the event that any service provider/principal is
unable to provide the service confirmed to you, Makro Travel (Pty) Ltd trading as
Sure Makro Travel policy is always to offer you alternative arrangements of similar
classification, wherever possible in the same area.
- Whilst every effort is made
to keep to published itineraries, Makro Travel (Pty) Ltd trading as Sure Makro Travel
reserve the right to make changes as are deemed necessary. In some cases, conditions
such as the weather may necessitate an alteration to the tour itinerary and this
does not constitute any ground for a refund.
- Unless full payment is due at the
time of making the booking, all bookings must be accompanied by the requested deposit
or guarantee of a deposit to Sure Makro Travel (Pty) Ltd-part or all hereof may
be non-refundable. The deposit constitutes part of the booking conditions and Makro
Travel (Pty) Ltd trading as Sure Makro Travel reserve the right to cancel any booking
without prejudice, in the event of a deposit or part thereof not being received.
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The booking price quoted to you is based on fares, hotel prices, land costs and
other relevant costs ruling at the date of Sure Makro Travel (Pty) Ltd' proposal.
In the event of there being any increase in any of the afore going costs prior to
the start date of any booking, such variation shall be for your account on request
by Sure Makro Travel (Pty) Ltd, as shall any increase in the booking price arising
from the fluctuation in rates of exchange between the date on which the booking
was quoted and the start date of any booking.
Payment and additional charges
- Final payment for any booking must be made at least six weeks prior to departure,
unless specific arrangements have been made with Makro Travel (Pty) Ltd trading
as Sure Makro Travel and such arrangement confirmed in writing by Sure Makro Travel
(Pty) Ltd.
- Final payment is based upon on the quoted and confirmed price, less any deposit
paid, plus any additional charges that may have been incurred.
- Aside from passport, visa and other peripheral service fees (additional fees), Makro
Travel (Pty) Ltd trading as Sure Makro Travel reserve the right to claim the late
booking charges, communications, consultation, administration and amendment fees
where applicable.
- Interest at 2% above the current prime bank overdraft rate will automatically be
applied to all overdue amounts.
- For the business traveler who has a corporate account with Sure Makro Travel (Pty)
Ltd, the terms of credit are strictly payable on presentation of statement dealing
with such account.
- Any invoice and/or statement received by you shall be payable in full and no deduction
or alteration may be made by you should all or any part of the services booked by
Makro Travel (Pty) Ltd trading as Sure Makro Travel be unused for any reason.
Insurance
- Assistance to obtain travel insurance in terms of Section 22 of the Tourism Act,
1993, is available on request.
- It shall not be obligatory upon Makro Travel (Pty) Ltd trading as Sure Makro Travel
to effect insurance for you except upon detailed instructions given in writing by
you and all insurance affected by Makro Travel (Pty) Ltd trading as Sure Makro Travel
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
Makro Travel (Pty) Ltd trading as Sure Makro Travel shall not be obliged to obtain
separate cover for any risks so excluded. Makro Travel (Pty) Ltd trading as Sure
Makro Travel shall not be under any obligation to affect a separate insurance for
each customer, but may declare it on any open or general policy. Should the insurers
dispute their liability for any reason, you will have recourse against the insurers
only and Makro Travel (Pty) Ltd trading as Sure Makro Travel will not be under any
responsibility or liability whatsoever in relation thereto, notwithstanding that
the premium of the policy may not be at the same rate as that charged by Makro Travel
(Pty) Ltd trading as Sure Makro Travel or paid to Makro Travel (Pty) Ltd trading
as Sure Makro Travel by you.
- Makro Travel (Pty) Ltd trading as Sure Makro Travel will not be responsible if you
fail to take adequate insurance cover.
- Queries must be addressed to the principal insurer, as Makro Travel (Pty) Ltd trading
as Sure Makro Travel shall not in any way be held responsible for any and/or all
information advanced by its staff in this regard.
Peripheral Requirements
- Makro Travel (Pty) Ltd trading as Sure Makro Travel will endeavor to assist you
in obtaining or meeting the requirements for passports, visas, health documents,
insurance, foreign exchange, Reserve and other bank approvals, use of credit cards,
customs and immigration regulations as well as other peripheral requirements or
services falling outside the actual travel arrangements made with principals and
other parties for whom Makro Travel (Pty) Ltd trading as Sure Makro Travel act as
agents and referred to as "the booking" or "the reservation", but due to the constant
changing nature of such peripheral requirements and services, Makro Travel (Pty)
Ltd trading as Sure Makro Travel cannot be held liable for ensuring that these requirements
and services are provided correctly or timeously or at all, nor the accuracy of
any information or any lack of information relating to such requirements and/or
services.
Cancellation
- Makro Travel (Pty) Ltd trading as Sure Makro Travel will undertake to endeavor to
provide the services required by the customer, but in the event of cancellation
of the booking for any reason whatsoever, partially or in full, by or on behalf
of you, Makro Travel (Pty) Ltd trading as Sure Makro Travel reserve the right to
claim the services, administration, communication and cancellation charges which
will inter alia depend on the debits Makro Travel (Pty) Ltd trading as Sure Makro
Travel receive from its suppliers.
- Failure to cancel will result in the total booking cost being payable.
- Makro Travel (Pty) Ltd trading as Sure Makro Travel reserve the right to discontinue
and summarily cancel any agreement in respect of which payment have fallen in arrears,
and in the event of this right being exercised, the fully balance still owing shall
immediately become due and payable on demand.
Interpretation, Law Applicable and Jurisdiction
- Words implying the singular, shall include the plural and vice versa, words importing
one gender shall include any other and reference to natural persons shall include
legal entities and vice versa.
- This agreement is governed by South African Law.
- The Parties hereby consent to the jurisdiction of the appropriate Magistrate's Court
in regard to any action and/or proceedings based on/or arising from these Standard
Conditions of Business.
- This document reflects the only and full agreement between you and Makro Travel
(Pty) Ltd trading as Sure Makro Travel and any variation and/or extension thereof
shall not be valid unless agreed to both by the Parties in writing.
- In the event of a clash and/or uncertainty in meaning and/or interpretation between
this and any other document issued by Sure Makro Travel (Pty) Ltd, this document
will always have preference.
Makro Travel (Pty) Ltd trading as Sure Makro Travel act as an agent only and
are not liable for any loss, damage, accident, delay or inconvenience caused by
the principal.
click here for indemnity form |
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