Terms & Conditions
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Travel by Lifestyle. (‘The Travel Agent’) are subject to the terms and conditions (‘the Conditions’), as set out below.
The Client and Authority
The person requesting quotations or estimates or making a booking or to whom any services are 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(s)’).
Third Party Service Providers
The Travel Agent provides Clients with travel and/or other services either itself or acting as agents on behalf of numerous transport, accommodation, airlines, coach, rail and cruise line operators or other associated service providers (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, illness, harm 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 their 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 if so requested by the Client relevant to the service being provided for the Client’s booking. It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
Booking Enquiries, Quotations & Deposit
Once the Client has filled in all applicable fields to initiate an enquiry regarding a particular destination, trip, tour or mode of travel on the Travel Agent’s website http://1worldtravelgroup.co.za (‘Website’), or has responded to an advertisement verbally or in writing, via e-mail or the internet or has, without reference to any of the aforesaid, asked for more details telephonically (collectively referred to as ‘the Enquiry’), the Website or the Travel Agent will prepare and provide the Client with an estimated cost of the Enquiry (online, by e-mail or telephonically) (‘the Quotation’).
This Quotation is accepted by the Client when the Client proceeds with the steps as specified on the Website or accepts the Quotation verbally over the phone or via email.
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.
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.
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 price changes to the Client’s account and the Client undertakes to pay for any such price changes 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. 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 deviates 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).
The Client acknowledges that they may have selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. It also acknowledges that the internet booking has been compiled and is 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 advertised on the internet. Any right of recourse in that regard will be against the Principal.
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 Travel Agent must be notified of all cancellations or changes in writing prior to departure. The client will be liable for cancellation penalties in the event that travel arrangements are cancelled by the client.
Cancellation penalties can amount to the full purchase price subject to amongst others when the travel arrangements are cancelled, the Principal’s cancellation policy and the fare rules. Some airfares once issued are non-refundable.
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. This is charged in addition to the change fees charged by the principal.
In the unlikely event of there being an unscheduled extension 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.
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.
It is strongly advised that all Clients take out adequate insurance cover in order to cover instances 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.
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.
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 for international travel. The Client is advised to check with their respective credit card companies in order to obtain the specific details of the cover offered.
These fees cover the costs incurred by the Travel Agent in booking and servicing your travel reservation.
Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Price in full.
Passports, Visas and Health
It is the entirely the Client’s responsibility to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is strongly advised to check the relevant requirements with the Travel Agent before travelling.
The Travel Agent will endeavor 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 familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The Client is strongly advised to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination. If this has not been done prior to departure, it is imperative to do so upon return.
Itinerary Variations and Transfers
While every effort is made to keep to the final itinerary, Principals and/or the Travel Agent reserve the right to make changes intended 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.
Law & Jurisdiction
South African law and 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.
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 aircraft.
Clients who have special requests must specify such requests. Whilst the Travel Agent will use its best endeavors to accommodate such requests, it does not guarantee that it always can.
Amendments of these Conditions
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 authorized representative of the Travel Agent.
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 and 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: Documents required for travelling
The Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned. Vendors may also require a copy of the credit card used to make payment in addition to the above mentioned documents. Passport or identity document will apply to all members of a travelling party and for each minor travelling, including infants.
If the Client requests or instructs the Travel Agent to affect bookings via the internet, the Client irrevocably authorizes the Travel Agent to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payment of a booking and ancillary services 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, 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, 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 per Client per Booking and under no circumstances will the Travel Agent be liable for any indirect or consequential loss or damage.
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 any of its rights or otherwise.
Subject to statutory constraints or compliance with an order of court, 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, international and on return to South Africa, domestic connecting flights) must be reconfirmed by the Client 72 (seventy-two) hours prior to departure.
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.
General Terms and Conditions for Online Bookings
Please note that over and above these online terms and conditions all bookings are subject to the Travel Agent’s Standard Terms and Conditions (‘STC’) which appear above – where there is a conflict between the two, the STC will prevail.
By offering travel for sale to particular international destinations, The Travel Agent does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
The website http://1worldtravelgroup.co.za is owned by Legacy Lifestyle and the domain name is registered in the name of Legacy Lifestyle. Legacy Lifestyle is a company incorporated and situated in South Africa. All intellectual property rights in and to the aforementioned vests in the owner as indicated. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of Legacy Lifestyle.
Copyright and Trademark Notices
All contents of this Website are registered to: 11yville, Durban, South Africa.
All rights reserved. Travel by Lifestyle and its logo are either registered trademarks or trademarks of Legacy Lifestyle. Other product and company names mentioned herein may be the trademarks of their respective owners.
Changes & Modifications of these Terms and Conditions
The Travel Agent may make future changes, deletions or modifications to such terms and conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of this Website will constitute the Client’s agreement to the changes, deletions and modifications. The Travel Agent reserves the right to change the terms, conditions, and notices under which this Website are offered and the Client agrees to accept and be bound by those terms, conditions, and notices that are in effect at the time of the Client’s use of this Website and facilities.
Access and Use
This Website is offered to the Client on condition that the Client accepts, without modification, the terms, conditions, and notices contained herein. The Client’s use of this Website constitutes the Client’s agreement to all such terms, conditions, and notices.
Access to and use of this Website is entirely at the user’s risk. The Travel Agent may discontinue or suspend the Website at any time without notice, and it may block, terminate or suspend any user’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Personal and noncommercial Use Limitation
This Website is for the Client’s personal and noncommercial use. The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to The Travel Agent or its suppliers and providers.
Accordingly, as a condition of using this Website, the Client agrees not to use this Website or its contents or information for any commercial or non-personal purpose (direct or indirect), such as for resell purposes. Whilst the Client may make limited copies of the Client’s travel itinerary (and related documents) for travel or services purchased through this Website, the Client agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, whether or not the Client has a commercial purpose, the Client agrees not to:
- access, monitor or copy any content or information of this Website using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of The Travel Agent;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in the discretion of The Travel Agent, an unreasonable or disproportionately large load on the Travel Agent infrastructure; or
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of The Travel Agent.
The information, software, products, and services published on this Website may include inaccuracies or typographical errors. In particular, the Travel Agent does not guarantee the accuracy of the hotel, air, and other travel products displayed on this Website (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.
The Travel Agent disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on this Website are intended as only general guidelines, and the Travel Agent does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. The Travel Agent and/or their respective suppliers may make improvements and/or changes on this Website at any time.
The Travel Agent, and/or their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering for sale of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Travel Agent. All such information, software, products, and services are provided “as is” without warranty of any kind. The Travel Agent and/or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The carriers, hotels and other suppliers providing travel or other services for the Travel Agent are independent contractors and not agents or employees of The Travel Agent or its affiliates. Affiliates include websites which click-through to http://1worldtravelgroup.co.za. The Travel Agent is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. The Travel Agent and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall The Travel Agent and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this Website or with the delay or inability to use this Website, or for any information, software, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability, or otherwise, even if The Travel Agent and/or their respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The Client agrees to defend and indemnify The Travel Agent and/or their respective principles and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
- the Client or on the Client’s behalf in excess of the liability described above; or
- by third parties as a result of
- the Client’s breach of this Website terms, conditions and notices or the documents referenced herein;
- the Client’s violation of any law or the rights of a third party; or
- the Client’s use of this Website.
No unlawful or prohibited Use
As a condition of the Client’s use of this Website, the Client warrants that the Client will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices or any other prohibitions unlawful in terms of South African law.
Links to other Websites
There are links on this Website which allow a user to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by The Travel Agent and The Travel Agent makes no representations and gives no warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. The Travel Agent’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
The Travel Agent has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. The Client should research and assess the risks which may be involved in accessing and using any software on the internet before using it. The Client is deemed to indemnify The Travel Agent against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.
Please note that the use of this Website is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.
This agreement is governed by the laws of South Africa. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and The Travel Agent as a result of this agreement or use of this Website.
The Travel Agent’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Travel Agent’s right to comply with law enforcement requests or requirements relating to the Client’s use of this Website or information provided to or gathered by The Travel Agent with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and The Travel Agent’s with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and The Travel Agent with respect to this Website. Any rights not expressly granted herein are reserved.
All the terms and conditions displayed on this Website 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.