Terms & Conditions
International and National Families Travelling Independently
A Family Travelling Independently defines a family travelling either within Southern Africa or Abroad, whom have made travel reservations (may it be flights, accommodation, excursions, car hire on their own or within a package) direct with STARS IN TRANSITION and not through an alternate travel operator or travel agency.
Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you directly and STARS IN TRANSITION. We act as booking agents for the suppliers of the component parts of the holiday we organise, 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) 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 package price, is paid to STARS IN TRANSITION within 72 hours of confirmation of your bookings. 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 six weeks prior to departure. If your booking is made within 6 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 .
2) Late Booking Fee & Communication Expenses (Telephone Calls)
In the event of a booking (except South Africa bookings) being made less than 7 days prior to the date of departure, STARS IN TRANSITION reserves the right to charge for any extra communication expenses. 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 will be refunded in full.
3) Price Changes
a) 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 confirm a booking 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.
b) STARS IN TRANSITION guarantees the price of land arrangements; only once full payment is received.
c) Airfares are subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by STARS IN TRANSITION. The onus is on the agent & the passenger to check that there have been no changes in these prices before making final payment thereof.
d) Should the client make a group reservation & subsequently the group numbers deviate from the minimum number required for the booking, STARS IN TRANSITION reserves 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 cancellation of the booking and forfeiture of all payments made.
4) Methods of Payment
EFT Transfers or Cash: We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves. Please note that there is an additional percentage fee on a cash deposit, this specific amount must be obtained from the bank at time of payment and paid in together with the cash deposit.
5) Insurance
It is strongly advised that all clients take out adequate domestic/international travel 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. STARS IN TRANSITION will not be responsible or liable if the client fails to take adequate insurance cover or at all. It shall not be obligatory upon STARS IN TRANSITION to effect insurance for the client except upon detailed instructions given in writing and all insurance effected by STARS IN TRANSITION pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or the underwriters accepting the risk, and STARS IN TRANSITION 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. Once the insurance has been confirmed and paid for, the client will be issued with a policy document of the insurer. It is a complex document, which must be READ BEFORE you initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure. Please note that various credit card companies offer limited levels of travel insurance, which STARS IN TRANSITION does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain specific details of the cover.
6) 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.
7) Flight Reconfirmation
It is your responsibility to ensure that you reconfirm, direct with the airline, 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 and STARS IN TRANSITION hereby specifically excludes any liability for any delay and/or loss as a result of your failure to reconfirm any flight and/or connecting flight.
8) Documents
a) Final documents (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the booking, and a signed & completed Booking Form, and will be ready 24 hours after payment has been received.
b) Should you require your documents and air tickets to be forwarded to either yourself or the departure airport this may be arranged with us. However, the courier costs in respect thereof will be for your own account.
c) It is important that you check all details of your travel documents (including your itinerary) before commencement of your travel arrangements. If there are any inaccuracies on any of your travel documents, or should you have any further queries, you should contact STARS IN TRANSITION immediately. STARS IN TRANSITION 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 commenced your travel arrangements.
9) Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of STARS IN TRANSITION, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the passenger. STARS IN TRANSITION accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.
10) Booking Amendments
a) If you wish to make a change to your booking we will endeavour to assist you to make the change wherever this is possible. You will have to pay all charges, whatever kind, imposed by the suppliers providing 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.
b) An administration fee of R100 per person will be charged for each amendment and / or cancellation.
c) 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.
d) Amendments and cancellations en route must be made with our operators directly.
11) Booking Cancellations
If you wish to cancel your booking you must advise STARS IN TRANSITION immediately. You will be liable to pay the following cancellation charges:
a) Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances this may be 100% of the total fare, regardless of when cancellation is affected.
b) Where your booking is for a package, you will be responsible for all cancellation charges, of whatsoever nature, imposed by the suppliers providing the component parts of such travel arrangements.
c) STARS IN TRANSITION charges a cancellation fee equal to 10% of the package price on any finalised booking. However, STARS IN TRANSITION 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 paid to us, will be taken by us as payment or part payment of any cancellation charges.
d) STARS IN TRANSITION may cancel the agreement forthwith after giving 20 (twenty) business days written notice to yourselves of a material failure by yourselves to comply with the terms of the agreement, unless you have remedied the failure within that time.
12) Our Right to Change Your Travel Arrangements
a) A significant change to your travel arrangements would include a change in the departure date from South Africa; where the flight times are changed by more than 12 hours or a change to a lower standard of accommodation to that which is booked. In these instances of significant changes to your travel arrangements STARS IN TRANSITION undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.
b) All other changes are minor changes. A minor change can be made at any time and, if practicable, we will advise you of any such change prior to departure but we are not obliged to do so. Such minor changes may be made by STARS IN TRANSITION, in its discretion, who will not be responsible or liable for the payment of compensation to you as a result of such minor changes.
c) Every effort is made by STARS IN TRANSITION to adhere to confirmed itineraries; however, we reserve the right to make changes to your travel arrangements when it becomes necessary to do so.
d) Should any travel component be confirmed by STARS IN TRANSITION and this component is cancelled by the supplier for whatsoever reason, then in such instances STARS IN TRANSITION will accept no liability for the cancellation thereof.
13) Lost/Stolen Flight Tickets
a) The loss or theft of a ticket must be reported to STARS IN TRANSITION immediately. Certain airlines will not authorise STARS IN TRANSITION to issue a replacement ticket if such ticket is lost or stolen before the passenger leaves South Africa. In the latter instance you will be required to purchase a new ticket, at your own cost, until such time as STARS IN TRANSITION receives authority from the airline to make any refund to you, which authority could take up to 12 months. Should the airline authorise STARS IN TRANSITION to issue a replacement ticket STARS IN TRANSITION will do so and a re-issue fee, per ticket, will be applicable.
b) Should your ticket be lost or stolen abroad it should be noted that certain airlines will not issue a duplicate ticket and it will be your responsibility to purchase a new ticket abroad at the local fare. Upon your return to South Africa you may make application to STARS IN TRANSITION for a refund of the amount spent by yourself on the lost or stolen ticket, but it is specifically recorded that any refund will be entirely at the discretion of the airline concerned which may take up to 12 months to authorise.
c) It is your responsibility to report the lost or stolen ticket to the police and to provide STARS IN TRANSITION with the proof of such report if required.
14) Airline Refund Procedures
a) Refund policies of the various airlines vary greatly. Tickets returned to STARS IN TRANSITION, will be presented to the relevant airline for assessment. Should a refund be authorised, such refund will be made to you, less any cancellation or administration charges.
b) Cash payments will be refunded by EFT .
c) Partly used tickets will be refunded at less than the pro rata rate on the face value of such ticket.
d) Refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by STARS IN TRANSITION
e) Unused tickets must be returned to STARS IN TRANSITION for a refund within one year from the date of issue or they will be regarded as expired by the airline and have no refund value.
15) Complaints
a) 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.
b) If you are still dissatisfied, you must notify STARS IN TRANSITION immediately 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.
c) If you remain dissatisfied, contact STARS IN TRANSITION within 28 days of the unsatisfactory service, giving full contact details and details of your complaint on email: marina@starsintransition.com
d) Whilst every effort will be made to resolve your complaint to your satisfaction, it is specifically recorded that STARS IN TRANSITION in no way accepts liability for any claim.
16) 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) and the like, where required, have been obtained. Passports must be valid for 6 months after return to South Africa. Please check the requirements before travelling. STARS IN TRANSITION will endeavour to assist the client but such assistance will be at STARS IN TRANSITION discretion and the client acknowledges that in doing so, STARS IN TRANSITION is not assuming any obligation or liability and the client indemnifies STARS IN TRANSITION 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. The client must ensure that the details supplied to STARS IN TRANSITION mirror those details shown on their passport for international travel and ID documents for local travel.
17) General Information
a) Taxes: STARS IN TRANSITION 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.
b) Special requests: We can pass on any special requests that you may wish to make 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..
c) Medical Problems: If you or any member of your party has any medical problem or disability which may affect your holiday, you need to give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation. We reserve the right to cancel the reservation should we become aware of any such medical problem or disability which has not been disclosed.
d) 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. It is important to remember that these are subject to change and we are not always notified..
e) Charges to your credit card: Any charges made to your credit card whilst away are your responsibility. STARS IN TRANSITION will not be responsible, nor accept responsibility for having these charges reversed or corrected upon return from your travel arrangements.
f) Drivers Licence: Even if you have obtained an international drivers licence, please take your national driver’s licence with you.
g) Confidentiality: Subject to statutory constraints or compliance with an order of court, STARS IN TRANSITION undertakes to deal with all client information of a personal nature on a strictly confidential basis.
18) Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
19) Responsibility and Limitation of Liability
STARS IN TRANSITION act as agents only for local and international travel operators; to the direct public and airlines and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising. STARS IN TRANSITION 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 by the Principal), shall constitute the sole contract between the supplier and the client and any right of recourse the client may have, will be solely against the supplier.
20) Jurisdiction of the Magistrate’s Court
STARS IN TRANSITION, shall be entitled, at its option to institute 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.
21) Legal
This document together with STARS IN TRANSITION’ standard booking form and STARS IN TRANSITION 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. Client acknowledges that he/she has not relied on any matter or thing stated on behalf of STARS IN TRANSITION or otherwise that is not included herein. No addition to the STARS IN TRANSITION 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 client scale incurred by STARS IN TRANSITION in recovering any damages and payments payable by the passenger to STARS IN TRANSITION 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. The passenger hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement.
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 these Booking 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”.
International and National Tour Operator
1) DEFINITIONS
a) STARS IN TRANSITION shall mean Stars in Transition and/or all its subsidiary companies from time to time which trade under the STARS IN TRANSITION brand;
b) THE TOUR OPERATOR ** shall mean any foreign international or national tour operator or travel agent which deals with STARS IN TRANSITION in the conclusion of reservations made;
c) STARS IN TRANSITION BANK shall mean the bankers to STARS IN TRANSITION, the Standard Bank of South Africa Limited, Port Elizabeth branch, (branch code 050017), account number 080108032;
d) FIT RESERVATION shall have the meaning generally attributed to it within the travel and tourism industry being bookings made on behalf of Free Independent Travellers who do not form part of a travel group;
e) GROUP RESERVATIONS shall mean a reservation concluded on behalf of a group of tourists on all of whose behalf the same or substantially similar travel and/or other ancillary arrangements for all of them are made by THE TOUR OPERATOR;
f) COMMENCEMENT DATE in respect of any reservation referred to in this agreement shall mean the date on which the first travel or touring activity in terms of such reservation is due to commence;
g) TARIFF shall mean the confidential tariff issued by STARS IN TRANSITION to TOUR OPERATORS from time to time.
2) RECORDAL
These terms and conditions will limit the liability of STARS IN TRANSITION to the TOUR OPERATOR and the customer of the TOUR OPERATOR and all FIT and Group Reservations made with STARS IN TRANSITION, subject to these terms and conditions.
3) TARIFF
a) Save for any patent error, STARS IN TRANSITION shall be bound by all prices quoted in the TARIFF from time to time;
b) STARS IN TRANSITION shall be entitled, from time to time, to alter the TARIFF by amending the prices reflected in the TARIFF and while STARS IN TRANSITION will endeavour 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 the applicability of prices before confirming any reservation with its own customer;
c) All bookings made by any TOUR OPERATOR shall be subject to availability and subject to written confirmation by STARS IN TRANSITION;
d) The rates quoted in the TARIFF are strictly private and confidential and should not be disclosed by the TOUR OPERATOR to any other party;
e) In the event of it being necessary at any time for any reason other than negligence on the part of STARS IN TRANSITION to utilize a courier service or incur any other expenses in order to deliver any documents to the TOUR OPERATOR or any passenger the costs incurred shall be borne by that one of the TOUR OPERATOR or the passenger whose actions necessitated the expenditure being incurred.
4) FIT RESERVATIONS AND CANCELLATION BY TOUR OPERATOR
a) In order to secure a firm FIT RESERVATION, THE TOUR OPERATOR shall confirm each such reservation, in writing, not less than thirty days prior to THE COMMENCEMENT DATE or such later date as STARS IN TRANSITION may agree to, in writing;
b) If the TOUR OPERATOR wishes to cancel any FIT reservation it shall do so, in writing, and no cancellation shall be of any effect unless and until such time as it has been acknowledged and accepted by STARS IN TRANSITION, in writing, and shall always be subject to the provisions of clause 4.3;
c) In the event of :
i. THE TOUR OPERATOR cancelling any confirmed FIT RESERVATION less than thirty days prior to THE COMMENCEMENT DATE, or within such other period as may be specified in cancellation policy of any supplier to STARS IN TRANSITION as reflected in the TARIFF; or
ii. any FIT RESERVATION being cancelled by STARS IN TRANSITION by virtue of THE TOUR OPERATOR failing to effect payment of the whole of the cost of the FIT RESERVATION timeously, or being in breach of any other obligation to STARS IN TRANSITION; THE TOUR OPERATOR shall be liable for cancellation fees equal to 100% of the price of the entire booking which shall be payable forthwith;
iii. however, in the event of STARS IN TRANSITION securing a reduction or a waiver of any such cancellation fee from any of its principals it shall, subject to the retention of a reasonable amount to cover the costs incurred by STARS IN TRANSITION in making the reservation and securing the reduction or waiver of such cancellation fee, refund the amount of such reduction or waiver to THE TOUR OPERATOR;
iv. nothing contained in this agreement shall be construed in any way as imposing any obligation on STARS IN TRANSITION to take any steps to secure any such reduction or waiver, it being entirely within the discretion of STARS IN TRANSITION as to whether or not it does so.
5) PAYMENT FOR FIT RESERVATIONS
a) THE TOUR OPERATOR shall ensure that the full price of any FIT RESERVATION is deposited with STARS IN TRANSITION BANK not less than thirty days prior to THE COMMENCEMENT DATE;
b) however, in the event of STARS IN TRANSITION accepting an FIT RESERVATION within such period of thirty days, payment in respect of such reservation shall be made to STARS IN TRANSITION BANKERS not later than within twenty four hours of the acceptance by STARS IN TRANSITION of the FIT RESERVATION but, in any event, by not later than THE COMMENCEMENT DATE;
c) All payments are to be made in the currency in which the booking is quoted and invoiced by STARS IN TRANSITION and any costs in doing so, including any currency exchange gain or loss, shall be for the benefit or account of THE TOUR OPERATOR;
d) STARS IN TRANSITION shall not be under any obligation to issue any travel documents or other vouchers to THE TOUR OPERATOR or any of its passengers until such time as payment in full has been actually received by STARS IN TRANSITION BANK and credited to its account;
6) GROUP RESERVATIONS AND CANCELLATION BY TOUR OPERATOR
a) In order to secure a firm GROUP RESERVATION, THE TOUR OPERATOR shall confirm such reservation not less than thirty five days prior to THE COMMENCEMENT DATE or such later date as STARS IN TRANSITION may agree to, in writing, in respect of any specific GROUP RESERVATION
b) Simultaneously with the confirmation of any GROUP RESERVATION THE TOUR OPERATOR shall supply STARS IN TRANSITION, in writing, with a rooming list in such form as may be required by STARS IN TRANSITION;
c) If THE TOUR OPERATOR wishes to cancel any GROUP RESERVATION it shall do so, in writing, and no cancellation shall be of any effect unless and until it has been acknowledged and accepted by STARS IN TRANSITION, in writing, and shall always be subject to the provisions of clause 6) d) hereof;
d) In the event of THE TOUR OPERATOR cancelling any confirmed GROUP RESERVATION
i. more than thirty days prior to THE COMMENCEMENT DATE, THE TOUR OPERATOR shall be liable to pay to STARS IN TRANSITION a cancellation fee equal to 20% of the cost of the reservation which has been cancelled;
ii. less than thirty days prior to COMMENCEMENT DATE or in the event of the GROUP RESERVATION being cancelled by STARS IN TRANSITION by virtue of THE TOUR OPERATOR failing to effect payment of the whole of the cost of the GROUP RESERVATION timeously,
THE TOUR OPERATOR shall be liable to pay to STARS IN TRANSITION a cancellation fee equal to 100% of the cost of the reservation which has been cancelled; and any such cancellation fee shall be payable forthwith;
iii. however, in the event of STARS IN TRANSITION securing a reduction or waiver of any such cancellation fee from any of its principals it shall, subject to the retention of a reasonable amount to cover the costs incurred by STARS IN TRANSITION in making the reservation and securing the reduction or waiver of such cancellation fee, refund the amount of such reduction or waiver to THE TOUR OPERATOR;
iv. nothing contained in this agreement shall be construed in any way as imposing any obligation on STARS IN TRANSITION to take any steps to secure any such reduction or waiver of cancellation fee as aforesaid, it being entirely within the discretion of STARS IN TRANSITION as to whether it does so.
v. STARS IN TRANSITION may cancel the agreement forthwith after 20 (twenty) business days written notice to THE TOUR OPERATOR of a material failure by THE TOUR OPERATOR to comply with the terms of the agreement, unless THE TOUR OPERATOR has remedied the failure within that time.
7) PAYMENT FOR GROUP RESERVATIONS
a) THE TOUR OPERATOR shall ensure that the full price of any GROUP RESERVATION shall be deposited with STARS IN TRANSITION BANK not less than thirty days prior to THE COMMENCEMENT DATE;
b) Notwithstanding the afore going in the event of STARS IN TRANSITION accepting a GROUP RESERVATION within such period of thirty days, payment in respect of such reservation shall be made to STARS IN TRANSITION BANK not later than within twenty four hours of the acceptance by STARS IN TRANSITION of the GROUP RESERVATION but, in any event, by not later than THE COMMENCEMENT DATE;
c) All payments are to be made in the currency in which the booking is quoted and invoiced by STARS IN TRANSITION and any costs in doing so, including any currency exchange gain or loss, shall be for the benefit or account of THE TOUR OPERATOR;
d) STARS IN TRANSITION shall not be under any obligation to issue any travel documents or other vouchers to THE TOUR OPERATOR or any of its passengers until such time as payment in full has been actually received by STARS IN TRANSITION BANK and credited to its account;
8) CANCELLATION BY STARS IN TRANSITION
a) THE TOUR OPERATOR acknowledges that in keeping with the policy adopted by tour operators worldwide, STARS IN TRANSITION shall be entitled to cancel any FIT RESERVATION or GROUP RESERVATION prior to the commencement of the first activity booked in terms of such reservation, and in any such case the entire amount paid by THE TOUR OPERATOR to that date shall be refunded by STARS IN TRANSITION to THE OPERATOR forthwith and THE TOUR OPERATOR shall not have any further claim of whatsoever nature against STARS IN TRANSITION arising out of such cancellation;
b) Notwithstanding anything to the contrary herein contained, STARS IN TRANSITION shall be entitled, should it deem it necessary for whatsoever reason, to amend any FIT RESERVATION or GROUP RESERVATION by providing alternate accommodation or other services to the passengers concerned provided the alternate is of at least the same quality and standards as that in respect of which the reservation was originally made.
9) EXCLUSION OF LIABILITY
(a) THE TOUR OPERATOR acknowledges and accepts that STARS IN TRANSITION at all times acts only as an agent on behalf of its principals 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 STARS IN TRANSITION 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 STARS IN TRANSITION or any of its personnel or agents and THE TOUR OPERATOR hereby indemnifies STARS IN TRANSITION and absolves it from any liability in respect of any claims which may be made against STARS IN TRANSITION in respect of any such loss or damage which is brought by or through any customer of THE TOUR OPERATOR; subject to the provisions of the Consumer Protection Act 68 of 2008, including but not limited to, namely Section 51 (1) (c) (i) and (ii).
THE TOUR OPERATOR shall ensure that it and/or its customers take out adequate insurance, including medical insurance, to cover any such loss or damages.
10) ACKNOWLEDGEMENTS BY TOUR OPERATOR
a) If any accommodation, excursion or other service which has been booked is not available for any reason whatsoever, STARS IN TRANSITION shall be entitled to make similar alternative arrangements at the same price as that which is not available and no claim shall arise against STARS IN TRANSITION as a result of such unavailability;
b) Transportation used on scheduled and day tours will be determined based upon the number of passengers on tour, and STARS IN TRANSITION reserve the right to use either smaller or larger vehicles at their discretion.
c) Airlines and some vehicle operators limit the weight of the luggage which can be carried by any passenger and that no claim shall arise against STARS IN TRANSITION in the event of any passenger not being allowed to carry any luggage or being required to effect payment for any such excess luggage.
d) The obligation to obtain a current and valid passport, all necessary visas and vaccinations is that of the passenger and STARS IN TRANSITION shall not be liable for any loss which any customer of the TOUR OPERATOR may suffer as a result of the customer failing to properly fulfil such obligation and any costs which are incurred by STARS IN TRANSITION in assisting (which it shall not be obliged to do) such customer in obtaining any such passport, visa or vaccination shall be recoverable from the customer, in advance;
e) Any arrangements, whether for air travel, accommodation or otherwise which are made by STARS IN TRANSITION on behalf of any customer 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 customer of the TOUR OPERATOR, and STARS IN TRANSITION, as agent on behalf of its principal, will not be liable for any loss or damages which THE TOUR OPERATOR and/or any of its customers may not be able to recover from the service provider by virtue of the applicability of such terms and conditions;
f) STARS IN TRANSITION will not be obliged to refund any amount paid for any reservation which may have been made for any passenger but which is unused;
g) The customer of THE TOUR OPERATOR shall be liable to pay, in advance, the costs of any reservations which are not included in the original itinerary.
11) VARIATIONS
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. 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 STARS IN TRANSITION trades are amended and to such extent this agreement shall be deemed to be varied from time to time as reflected in the tariff.
12) JURISDICTION AND APPLICABLE LAW
Any FIT RESERVATION or GROUP RESERVATION made by THE TOUR OPERATOR with STARS IN TRANSITION 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.
13) AMENDMENTS
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 clause 9, not be binding on the parties unless reduced to writing and signed by all parties affected by such amendments.
14) INDULGENCES
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.