Terms and Conditions
TERMS & CONDITIONS, BOOKINGS & GENERAL INFORMATION
In this agreement, unless inconsistent with the text –
- THOMPSONS AFRICA shall mean a division of CULLINAN HOLDINGS LIMITED (trading as THOMPSONS AFRICA and/or all its subsidiary companies from time to time which trade under the THOMPSONS brand in Southern Africa);
- THE TOUR OPERATOR shall mean any tour operator or travel agent which deals with THOMPSONS AFRICA;
- FIT RESERVATION shall mean a booking for a Free Independent Traveler;
- GROUP RESERVATION shall mean a booking concluded on behalf of a group of tourists;
- BOOKING shall mean any FIT or GROUP RESERVATION;
- COMMENCEMENT DATE shall mean the first day of arrival in Southern Africa;
- TARIFF shall mean the confidential price list issued by THOMPSONS AFRICA to TOUR OPERATORS from time to time.
These terms and conditions will limit the liability of THOMPSONS AFRICA to the TOUR OPERATOR and the guest of the TOUR OPERATOR and any BOOKING made with THOMPSONS AFRICA by the TOUR OPERATOR are subject to these terms and conditions.
- THOMPSONS AFRICA shall be entitled, from time to time, to alter at its discretion the TARIFF by amending the prices listed in the TARIFF and while THOMPSONS AFRICA will endeavor to notify all interested parties of any such change, they cannot warrant that this will take place and THE TOUR OPERATOR is accordingly advised to check prices before confirming any BOOKING;
- Certain services, but not limited to, entrance fees, airport taxes and fuel levies are subject to adjustment without any notification to the TOUR OPERATOR;
- The rates quoted in the TARIFF are strictly private and confidential and must not be disclosed by the TOUR OPERATOR to any other party.
- All bookings will be confirmed to THE TOUR OPERATOR by THOMPSONS AFRICA in writing;
- On confirmation of booking, THE TOUR OPERATOR is required to make full payment not less than thirty days prior to COMMENCEMENT DATE;
- Payment is to be made in the currency of the invoice. THOMPSONS AFRICA invoice in either South African Rand or United States dollars. Should THE TOUR OPERATOR want to make payment in a currency different from that of invoice, THOMPSONS AFRICA reserve the right to obtain and advise the applicable exchange rate which shall be valid for 3 working days from date of notification of advised exchange rate;
- If the TOUR OPERATOR wishes to cancel any FIT BOOKING it shall do so, in writing, and no cancellation shall be confirmed unless and until such time as it has been acknowledged and accepted by THOMPSONS AFRICA, in writing, and shall always be subject to the applicable supplier cancellation policy / fees;
- THOMPSONS AFRICA shall not be under any obligation to issue any travel documents to THE TOUR OPERATOR or any of its guest until such time as full payment has been received.
- All GROUP BOOKINGS will be confirmed to the TOUR OPERATOR by THOMPSONS AFRICA in writing;
- On confirmation of the BOOKING a deposit is required as per the suppliers required payment terms and conditions;
- Balance of payment is due as per the supplier’s required terms and conditions;
- Payment is to be made in the currency of the invoice. THOMPSONS AFRICA invoice in either South African Rand or United States dollars. Should THE TOUR OPERATOR want to make payment in a currency different from that of invoice, THOMPSONS AFRICA reserve the right to obtain and stipulate the applicable exchange rate which shall be valid for 3 working days from date of notification of stipulated exchange rate;
- If the TOUR OPERATOR wishes to cancel any GROUP BOOKING it shall only be entitled to do so, in writing, and no cancellation shall be confirmed unless and until such time as it has been acknowledged and accepted by THOMPSONS AFRICA, in writing, and shall always be subject to the applicable supplier cancellation policy / fees;
- THOMPSONS AFRICA shall not be under any obligation whatsoever to issue any travel documents to THE TOUR OPERATOR or any of its guest until such time as full payment has been received.
CANCELLATION BY THOMPSONS AFRICA
- THE TOUR OPERATOR acknowledges that in keeping with the policy adopted by tour operators world-wide, THOMPSONS AFRICA shall be entitled at its sole discretion to cancel any BOOKING prior to the commencement of the first activity booked in terms of such BOOKING, and in any such case the entire amount paid by THE TOUR OPERATOR shall be refunded by THOMPSONS AFRICA to THE TOUR OPERATOR and THE TOUR OPERATOR shall not have any further claim of whatsoever nature against THOMPSONS AFRICA as a result of such cancellation;
- THOMPSONS AFRICA shall be entitled at its sole discretion, should it deem it necessary for whatsoever reason, to change any BOOKING by providing alternate accommodation or other services to the GUEST concerned provided the alternate is of at least of the same quality and standard as that in respect of which the BOOKING was originally made.
EXCLUSION OF LIABILITY
- THE TOUR OPERATOR acknowledges and accepts that THOMPSONS AFRICA at all times acts only as an agent on behalf of its suppliers and will not be liable for any loss or damages, whether to persons, their luggage or other items in their possession, or arising as a result of the exercise by THOMPSONS AFRICA of any of its rights in terms hereof and irrespective of whether such loss or damage has arisen as a result of disease, ill health, adverse weather conditions or any other cause including any loss which may be occasioned by the negligence of THOMPSONS AFRICA or any of its personnel or agents and THE TOUR OPERATOR hereby indemnifies THOMPSONS AFRICA and absolves it from any liability in respect of any claims which may be made against THOMPSONS AFRICA in respect of any such loss or damage which is brought by or through any guest of THE TOUR OPERATOR;
- THE TOUR OPERATOR shall ensure that it and/or its guests take out adequate insurance, including medical insurance, to cover against any and all such loss or damages.
ACKNOWLEDGEMENTS BY TOUR OPERATOR
THE TOUR OPERATOR acknowledges that –
- If any accommodation, excursion or other service which has been booked is not available for any reason whatsoever, THOMPSONS AFRICA shall be entitled to make similar alternative arrangements at the same price as that which is not available and no claim whatsoever shall arise against THOMPSONS AFRICA as a result of such unavailability;
- Transportation used on scheduled and day tours will be determined by Thompsons Africa based upon the number of passengers on tour, and THOMPSONS AFRICA reserve the right to use either smaller or larger vehicles at their discretion;
- Airlines and most vehicle operators limit the weight of the luggage which can be carried by any guest and that no claim shall arise against THOMPSONS AFRICA in the event of any guest not being allowed to carry any luggage or being required to effect payment for any such excess luggage;
- The obligation to obtain a current and valid passport, all necessary visas and vaccinations is that of the guest and THOMPSONS AFRICA shall not be liable in any matter whatsoever;
- Any arrangements, whether for air travel, accommodation or other services which are made by THOMPSONS AFRICA on behalf of any guest of THE TOUR OPERATOR may be made subject to the standard terms and conditions of the service provider which will be applicable to and shall bind the TOUR OPERATOR and the guest of the TOUR OPERATOR;
- THOMPSONS AFRICA will not be obliged to refund any amount paid for any un-utilized service which may have been made for any guest;
- The guest of THE TOUR OPERATOR shall be liable to pay, in advance, for any new and additional services whilst traveling on the ground which are not included in the original itinerary.
THE TOUR OPERATOR acknowledges that these terms and conditions are incorporated in and form part of THE TARIFF and that they may be altered from time to time at the sole discretion of Thompsons Africa. THE TOUR OPERATOR accordingly acknowledges that the provisions of this agreement shall be deemed to be amended from time to time as and when the terms and conditions on which THOMPSONS AFRICA trades are amended and to such extent this agreement shall be deemed to be varied from time to time as reflected in the tariff.
JURISDICTION AND APPLICABLE LAW
Any booking, made by THE TOUR OPERATOR with THOMPSONS and any dispute of whatsoever nature which may arise there from shall be subject to South African law and THE TOUR OPERATOR consents to the exclusive jurisdiction of the High Court of South Africa for the resolution of any such dispute.
This agreement embodies the entire understanding of the parties and there are no terms, conditions or warranties, whether express or implied, other than those contained herein, and any amendment to this agreement shall, subject to the provisions of the VARIATIONS clause above, not be binding on the parties unless reduced to writing and signed by all parties affected by such amendments.
In the event of any party hereto allowing any other party any leniency, extension of time or indulgence, this shall be without prejudice to the rights of the party granting such leniency, extension of time or indulgence, who shall be entitled to enforce his rights in terms hereof at any time.
Please note that the intellectual property rights in all ‘Content’ (including images, editorial or descriptive text, footage or any other media) featured within the ‘Websites’ (www.thompsonsafrica.com and all sub-domains) and selected social media platforms, is owned by Thompsons Africa and other copyright owners as specified wherever possible.
Images may only be used for the purposes of promoting Southern Africa and may not under any circumstances be shared, re-sold or distributed to any third party.
PROTECTION OF PERSONAL INFORMATION ACT (“POPI”)
- “Operator” means an operator as defined in the Protection of Personal Information Act, 4 of 2013;
- “Personal Information” means personal information as defined in the Protection of Personal Information Act, 4 of 2013;
- Protection of Personal Information
THOMPSONS AFRICA is committed to the adherence of national legislation and regulations pertaining to the safeguarding of data privacy.
THOMPSONS AFRICA shall use information previously provided by you to perform our services and to amongst other things, process invoices, credit notes, statements and any other document related to the services.
You confirm that we may share your personal information with the following persons, who have an obligation to keep the personal information secure and confidential:
- Employees of THOMPSONS AFRICA who are required to be informed of the personal information in order to attend to the services supplied and;
- All third parties who may assist us in supplying the services.
We agree to use all reasonable efforts to ensure your personal information in our possession is kept confidential, stored in a secure manner and processed in terms of POPI.
You hereby acknowledge and warrant that:
- THOMPSONS AFRICA is entitled and authorised by you to transfer any Personal Information to any of its Operators; and
- THOMPSONS AFRICA is entitled to store and back-up your Personal Information on its servers.