Terms & Conditions

Definitions and Interpretations

In this agreement the following words will have the meanings assigned to them, unless the context clearly indicates otherwise:-

“The Agreement” means the Client Booking Form and the Terms and Conditions issued by the Company to the Client which has the effect of a legally binding agreement between the parties;

"Customer confirmation" means the form sent to the Client with the final itinerary as agreed with the Company which the Client wishes to purchase;

“The Client Booking Form” means the form completed by the Client and submitted to the Company;

“Client” means all of the persons, natural or juristic, jointly and severally whose names appear on the Client Booking Form. The Client signing on behalf of any members of his/her party accepts these Terms and Conditions on behalf of every member of his/her party as if they had specifically signed same to acknowledge their agreement therewith;

“Company” means FlagFinder South African Golf Tours;

“Day” means a calendar day;

“Departure date” means the date on which the Client commences his/her travels as per the Client Booking Form;

“Deposit” means the monies payable by the Client to the Company to secure the Client’s booking;

“Parties” means both the Company and the Client;

“Supplier” means a third party who supplies the Company with services;

“Total Confirmed Price” means the total cost of services rendered to the Client on behalf of the Company or by the Company, as per the Client Booking Form;

“Quotation” means the form sent to the Client by the Company marked quotation;

“Unscheduled Extension” means an extension to a booking caused by inter alia flight delay, flight cancellation, scheduled airline failure, bad weather, airport or airline strikes or any other cause for an extension;

“in Writing” means a letter sent by hand, by post, by courier, by fax or via electronic mail;

"Specials" means travel service/s and/or product/s offered at a reduced rate and subject to limited availability;

Expressions in the singular also denote the plural, and vice versa; and

Pronouns of any gender include the corresponding pronouns of the other gender.

Acceptance of Terms and Conditions

The company undertakes to provide all services offered subject to the "Terms and Conditions", stated here in, which "Terms and Conditions" the client duly accepts on payment of the required deposit of a specific tour. The client agrees and acknowledges that he/she has acquainted him/herself with the "Terms and Conditions" hereunder stated and the effect thereof, as far as it is related to him/her, and agrees to be bound hereby.

Payment

Confirmation of reservations is subject to the following payments to be made by the Client to the Company:

50% Deposit at time of booking;
Final balance due 90 days prior to departure date;
100% Of the Total Confirmed Price for bookings made less than 90 days prior to departure date,
Greater deposits may be required in instances of specialist product and/or peak season travel.

If the aforementioned payments are not received timely, the Company will be unable to confirm the booking for the Client.
Final invoicing is based upon the Total Confirmed Price, less any payments made plus any additional charges due to booking changes that may have accumulated in terms of this agreement.
Payments can be made by credit card, internet transfer (electronic funds transfer) or telegraphic transfer (SWIFT). Funds are normally cleared within five working days. Cash and travelers cheques are not accepted. Bank details will appear on the invoice.
Proof of payment must be submitted via electronic mail. Receipt of deposit will not be verified until written proof is received
None payment of the aforementioned payments on or before the due date will lead to cancellation of booked services and the forfeiture of all monies paid to date.
The Company is a South African company and all transactions are processed in South African Rand. Conversion charges (Additional Charges) may therefore be levied by a merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. The Company shall therefore not be held liable for any Additional Charges levied by the applicable merchant, or bank applicable to the confirmation of a booking.

Price Increase

All tour prices quoted and confirmations generated by the Company are based upon the following but not limited to air fares, airport taxes, fuel surcharges, exchange control fluctuations, accommodation costs and land costs which are variable and subject to change until final payment has been received.
The Client agrees that should any such costs increase as a result of an increase effected by the supplier, such an increase will be for the Client’s account and shall be payable to the Company.
The Company will not be held liable for any mentioned increases.

Booking Enquiries and Reservations

Once the Client has completed all applicable fields to initiate an enquiry on the company’s website, or by any other means of communication including telephone or email, (collectively referred to as ‘the Enquiry’), the company will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’).
The quote is accepted by the Client when confirmed via email or other means of writing.
On acceptance of the quote by the client the company will email the client (or post, if requested) a booking confirmation, which will show the deposit to be paid, and the date by which it is due.
The client must check the confirmation carefully as soon as it is received it paying special attention to the room type on the booking confirmation. Contact the company immediately if any information, which appears on the confirmation or any other document, appears to be incorrect or incomplete as it may not be possible to make changes later.
The company does not accept liability for errors notified to the company after 72 hours of the date of booking the break.

Changes to Bookings

In the event of an Unscheduled Extension to a booking, for any reason whatsoever, any expenses flowing from the Unscheduled Extension will be for the Client’s account.
Whilst every effort is made to adhere to confirmed itineraries, the Company reserves the right to make amendments thereto where necessary, and provide a reasonable alternative without refunding the Client.
Should the Client elect to make an amendment to their itinerary, the Company will endeavour to accommodate the Client, however the Company reserves the right to charge applicable cancellation fees as well as an additional administration fee of R 800 per person per booking amended.

Quotes

Quotes are provided at the ruling daily exchange rate. Until the company has received payment, it reserves the right to amend any Quote.
Should the Quote be increased as a result of an exchange rate fluctuation, the client undertakes to pay for any increase on demand. Any decrease in the quote prior to the date of payment will be reflected in the quote itself.
The onus will be on the client to check that there have been no changes in the quote prior to making the Payment. Once payment has been received in the bank account of the company, the quote is guaranteed.
Quotations are valid for 7 days from the date of quote and prices are based on an individual person, yet secured against the total number of group members, if applicable.
Should the client be a group booking and the group number deviate from the number required for the booking, the company may reserve the right to re-cost the quote, which may affect the individual price per person.
All prices are subject to change and are based on availability, and will only be secured once payment is received.

Accuracy

Although all reasonable efforts have been made to ensure the accuracy of the information (including prices), on the company website, email newsletters and quotes, promotional material and printed media, changes and errors occasionally occur. The client must therefore check the details of the chosen break (including the price) at the time of booking.
The company reserves the right to increase the price of any golf break advertised on the website or in the brochure at any time before the client books. Any price changes will be clearly advised to the client at the time of booking.
Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.

Specials

All Travel Specials advertised on the website are based on 2 (two) people sharing, travelling within fixed dates and are subject to availability at the time of reservation and payment.
Prices quoted are per person sharing, while savings quoted are based on the total saving for 2 (two) people.
Each Travel Special has customised supplier specific terms and conditions
Travel Specials maybe withdrawn or adjusted without notice.

Cancellation and Refund Policy

Cancellation of a confirmed booking must be notified to the company in writing. The date of cancellation of the booking will be the date of receipt of the cancellation notice by the company. The cancellation charges will be applied as detailed below in view of the administrative cost and the retention charges levied by the hotels.

Days prior to departure FEE

60 or more R 5000,00

46-60 days 25% of the land package price plus airlines penalty.

31-45 days 50% of the land package price plus airlines penalty.

16-30 days 75% of the land package price plus airlines penalty.

0-15 days 100% of the land package price plus airlines penalty.

Illness or absenteeism

In the event of a client’s withdrawal from a tour after commencement for reasons of illness, he/she should obtain a medical certificate in support of any insurance claim. Once the tour has commenced, refunds will not be made for missed tours, meals, or other special bookings or activities

Not Included in Prices
Prices do not include airport taxes, cost of obtaining visas and passports, cost of inoculations, telephone calls, laundry, entertainment arrangements not specified in the itinerary, meals and beverages not specified, golf club hire, cart or car hire fees, caddies, soft spikes fees, gratuities and any other items of a personal nature.

Extra Expenses

Any additional expense incurred during the itinerary other than those mentioned in the tour packages will be considered as Extra Expenses and such expenses are to be paid by the guests directly and such payments have to be settled immediately or before the departure.

Route and accommodation Alterations

The company takes every care to ensure that itineraries are followed to the letter however the company reserves 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, but unforeseen circumstances may necessitate changes. Any such variations in the final itinerary do not constitute any reason for a refund and the company shall not be held liable for any such variations. Where properties are substituted, they will be substituted for equal value.

Waiver, Indemnity and Liability

The Client acknowledges that prices quoted on the Customer Booking Form do not include any items or services not specified on same.
All vouchers, receipts and tickets issued by the Company to the Client, are issued subject to the supplier’s terms and conditions. Acceptance of the vouchers and/or receipts and/or tickets amounts to an acceptance of the Company's terms and conditions which supersede those of the relevant supplier.
Whilst every precaution is taken to ensure the safety of all persons participating in the tour or travel package, participation in any tour or travel package offered by the Company or any of its suppliers (including but not limited to transportation to or from any venue) is undertaken at the Client’s own risk.
The Company, any of its directors, employees, assignee's and/or agents are accordingly indemnified by the Client and/or his/her estate, dependents, agents or their assignee's against any claim of any nature whatsoever and howsoever arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
The Client, his/her heirs, dependants, agents, executors or their assignee's hereby irrevocably waive any claims which they may have against the Company for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
The Company acts solely in the capacity of an agent for third parties and as such the Company holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/dissatisfaction caused by third party services. The Company shall be exempt from all liability in respect of any claim whatsoever as aforesaid.

Force Majeure

The Company shall not be liable for a failure to perform any of its obligations insofar as it proves:-

that the failure was due to an impediment beyond its control;
that it could not reasonably be expected to have taken the impediment and its effects upon its ability to perform, into account at the time of the conclusion of this Agreement; and
that it could not reasonably have avoided or overcome the impediment or at least its effects.

An impediment, as aforesaid may result from events such as the following (this enumeration not being exhaustive):-

whether declared or not, civil war, civil violence, riots and revolutions, acts of sabotage;
natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning and fire;
explosions, fires, destruction of machines, factories and any kind of installations;
boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises and work stoppages;
acts of authority, whether lawful and unlawful.

In the event that the Company invokes force majeure, it shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the Client.
In the event that the Company invokes force majeure, it shall not be liable to provide a refund. Any refunds will be at the goodwill and discretion of the Company and cannot be guaranteed.
The Company cannot be held liable for non-performance due to Force Majeure.

Client Responsibility

Clients’ may not carry any unlawful articles or substances whilst traveling in the South African region. If any client offends against the prohibitions set out herein, the company will be entitled to immediately exclude from the tour the client who will be responsible for his or her own repatriation and all costs thereof. The company will under no circumstances assist any such client in any dealings or negotiations with any authority.

The client hereby agrees to abide by the rules and bylaws relating to members and visitors at any of the golf and/or country clubs visited during the course of the tour.

Insurance

It is 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 this is not an exhaustive list). The company will not be responsible or liable if the Client fails to take adequate insurance cover. It shall not be obligatory upon the company to arrange insurance for the Client (since this service does not fall within the scope of the Services).

The company 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 in the company’s view may not be 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, and determine whether this is sufficient.

Special Requests and Medical Problems

If a client has any special requests, the client must advise the company at the time of booking. Although the company will endeavour to pass any reasonable requests on to the relevant supplier, the company cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on the confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

Flights

All airlines require the full names of passengers as stated in their passports. After air tickets have been issued, amendments are not permitted. It is the Client’s responsibility to check and correct any errors in respect of their flight reservations which appear on the Customer Booking Form. The Company accepts no liability for incorrect details provided by the Client.
Airport taxes and fuel charges may change without notice, at any stage prior to flight and will be for the cost of the Client. Airfares are only guaranteed once the air ticket has been issued and only once the Client’s credit card has been debited.
Onward and return flights must be reconfirmed by the Client with the airline in question at least 72 hours prior to the flight.
The Company cannot guarantee any airline seating or meal requests by the Client, however the Company will endeavour to assist the Client in this regard.
All baggage and personal effects are at all times at the Client’s risk and the Company cannot accept any liability for misplaced baggage, loss or damage to baggage or any personal effects. The Company cannot be held liable for any additional costs incurred by the Client as a result of same and/or excess baggage costs.
Any cancellation by or on behalf of the Client of any air ticket, will be subject to the relevant airlines terms and conditions applicable to that fare type. Any cancelled air tickets, which are presented to the airline for refund are subject to delays and the Company will only be obliged to refund any amounts paid to them by the airline to the Client, on receipt thereof from the airline.
Air tickets which are unused more than 1 year from the date of issue are classified as expired and must be submitted to the airline for their authority to refund. The Company will make every effort to assist the Client in this regard but cannot guarantee that the airline will refund same as refunds are in the relevant airlines sole discretion.
The Company will provide the Client with an e-ticket reference number together with a full itinerary, once the air ticket has been fully paid for.
Cancelled air tickets are subject to the applicable terms and conditions levied by the airline based on the fare type chosen, in most instances airlines levy 100% cancellation once the ticket has been issued.
In the event of the Client changing the flight (Voluntary Change), the Client will be responsible for any difference in fares and taxes as governed by the applicable airfare rule and as advised by the specific airline.
In the event of changes made by the airline to flight schedules already confirmed (Involuntary Changes), i.e. changes that take effect due to unforeseen circumstances including but not limited to natural disasters, bad weather and war; a difference in fares and taxes as governed by the applicable airfare rule and as advised by the specific airline may apply. This is to no fault of the agent or the client. The airlines are not obliged to take responsibility for the paying of new tickets or accommodation due to indefinite delays.
The company will assist the clients where possible with the rebooking of flights and will advise clients about any involuntary schedule changes should they occur. New and re- issuing of tickets, possible increased taxes as well as subsequent accommodation requirements will remain the liability of the client unless the airline is willing to accommodate the Client at their discretion.

Baggage

All airlines have strict weight and size restrictions in respect of baggage. It is the Client’s responsibility to ensure they are acquainted with same prior to flight.
In the event that the Client’s baggage does not confirm with the weight and size restrictions of the airline, the transfer of same may be delayed as the baggage may have to be flown into the destination at a later stage and at a considerable extra cost to the Client.

Passports and Visas

It is the Client’s sole responsibility to ensure that his/her passport, necessary permits and travel documents are valid and that they have obtained all the necessary permits and/or visas required by the countries which they intend to enter, prior to their departure. The Company cannot be held liable for any visa or travel documentation not held by the Client, nor will they be held liable should a passenger be refused entry into any country for any reason.
All client passports must have sufficient blank visa pages (minimum 2 recommended) available in their passports in accordance with the regulations of various African countries.
All Client passports must be valid for a minimum of 6 months after travel.
The Company cannot be held liable for any advice and/or opinion in respect of a visa or passport issue that is dispensed by the company or displayed on the Company’s website relating to passports, permits and/or visas. The final responsibility to ensure that passport and visa requirements is correct and adhered to lays with the traveller.
A parent travelling with children (without the other parent), must provide a certified letter of consent from the absent parent.
Should travel documents (itineraries, vouchers, brochures etc.) of any kind be couriered or mailed to clients, the cost thereof will be borne by the client.

Inoculation, Immunization and Medication

It is the Client’s sole responsibility to ensure that they have had all necessary inoculations, immunisations and medications required prior to departure. The Company cannot be held liable for the Client’s failure to ensure the aforementioned has been attended to.
The Company cannot be held liable for any advice dispensed by the company or displayed on the Company’s website relating to inoculations, immunisations and medication required for travel to the various African countries. The final responsibility to ensure that medical requirements are correct and adhered to lies with the client.
It is the Client’s obligation to ensure that he/she is medically fit to participate in travel.

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. It is entirely the client’s responsibility to check if any parts of their itinerary fall in high-risk areas and the Client is advised to take the necessary precautions in this regard and hence the company recommends 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.

Health and Dietary Requirements
It is recommended that client’s check health regulations with their General Practitioner well in advance of departure. It is the responsibility of the client to inform the company, at the time of booking in writing, of any special dietary requirements.

The company will endeavour to comply with these special requests but however cannot guarantee that they will be met.

Important Golfing Extras

Tee Times

The company will do everything possible to confirm client’s requested tee times; however hotels/golf courses do reserve the right to alter preferred tee times. Tee times are based on playing in four-balls and therefore clients may be paired up with other golfers on the day. Resort courses are usually very busy in the high season and clients should expect between a 4 and 4.5 hour round as a reasonable pace of play although this can be slower in extremely busy times. The company cannot be held responsible for slow play on a golf course.

Playing Conditions

Although the standard of golf courses is inspected on a regular basis, their actual playing condition may vary from time to time. Course maintenance such as aerating greens, improving drainage will happen from time to time and often will be scheduled at such short notice, depending on weather, which means that the company is not always made aware of when this will occur. Equally, in particularly dry spells, when there are water bans in place, fairways and greens may be burnt and not in the best of playing conditions. Events such as these are out of the company’s control and cannot be held responsible for the condition of the course.

Handicap Certificates

Some hotels/golf courses will require handicap certificates before accepting visitors, which the company will endeavour to advise you of at the time of booking and by stating on your booking confirmation. Whilst a certificate of playing ability is not essential on all courses, the appropriate golfing etiquette and knowledge of golfing rules is expected and each hotel/golf course reserves the right to refuse access if it is judged that individuals do not display the required etiquette and/or knowledge. The company cannot be held responsible in these circumstances.

Dress Code

Appropriate dress and footwear should be worn at all times on the course and in the clubhouse (as per the information included in your confirmation). Certain hotels require dress code for dinner and this will be advised at the time of booking and in the extra notes on your booking confirmation. The company cannot accept any responsibility for any ruling by the hotel/golf course client’s unable to play or dine due to inappropriate attire.

Behaviour

When a client books with the company, the client accepts responsibility for any damage or loss caused by the client or any member of the party. Full payment for any such damage or loss must be paid direct at the time to the hotel. If a client fails to do so, the client will be responsible for meeting any claims subsequently made against the company including but not limited to the company’s and the other party’s full legal costs, as a result of your actions.

The company expects all clients to have consideration for other people. If in the company’s reasonable opinion or in the reasonable opinion of any other person in authority, if a client you or any member of the client’s party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the company or the supplier in question are entitled, without prior notice, to terminate the break of the client/s concerned. In this situation, the client/s concerned will be required to leave the hotel or other service. Neither the company nor the supplier will have any further responsibility toward such client/s including any return travel arrangements. No refunds will be made and the company will not pay any expenses or costs incurred as a result of the termination.

Inclement Weather Policy

As adverse weather is inevitable during the course of the year hotels and golf courses may either close the golf course or operate temporary tees and greens at their sole discretion.

Golf played on temporary greens and tees is non-refundable and is considered to be an accepted part of playing winter golf. Please note that trolley and buggy bans occur frequently when a course is wet and are determined by those in charge of the golf course.

If clients are unable to play golf due to course closure the company will, without guarantee and at the supplier’s discretion, try and obtain a partial refund or green fee vouchers for the golf element of the break. Please note that the company sell winter breaks at a discounted rate and so any refund will not be equivalent to the full green fee and with many of the winter breaks the golf element is considered complimentary.

Each hotel and golf course sets its own inclement weather policy. All decisions regarding partial refunds or green fee vouchers are solely at the discretion of the hotel and golf course and are final.

The company cannot be held responsible should inclement weather prevail.

Etiquette

Arrive on the tee 15 minutes before "Tee-off"

Avoid Slow Play - Let other golfers through if you have slowed down or lost a ball

Avoid using a mobile phone on the course

Confidentiality

The Company undertakes to take all reasonable and necessary steps to protect the confidential information of Clients.
The Client hereby authorises the Company to electronically record and store the following information:-

His/her Full name and surnames;
His/her Contact telephone numbers;
His/her Electronic mail address;
His/her IP address;
His/her User selected username and password;
His/her Non-personal browsing habits and click patterns;
His/her Profile information; and
His/her Travel information.

The Client authorises the Company to use the aforementioned information for the following purposes:-

To communicate requested information to the Client;
To provide the Client with access to restricted pages on the company’s website and related websites; and
To notify the Client, where authorised, of the Company’s services, offers and promotions from time to time.

Changes and Modifications of these Terms and Conditions

The company may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Site and/or the conclusion of a transaction with the company will constitute the clients agreement to such changes, deletions and modifications, as the case may be.

Intellectual Property

The website is owned by the company and the domain names are registered in the name of the company. All intellectual property rights in and to the aforementioned vests in the company. None of the content or data found on the Site may be reproduced, sold, transferred, or modified without the express written permission of the company.

Access and Use

The Site is offered to the Client on condition that the client accepts, without modification, the Online Terms. Access to and use of the Site is entirely at the client’s risk. The Company may discontinue or suspend the Site at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Personal and non-commercial Use Limitation

The Site is for the Client’s personal and non-commercial use. The content and information on the Site (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to the company or the Principals. Accordingly, the client unconditionally agrees not to use the Site or its contents or information for any purpose (direct or indirect) other than conducting enquiries for personal, non-commercial use, such as (for example) for reselling purposes. 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 the Site 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 company;
violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
take any action that imposes, or may impose, in the discretion of the company, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
deep-link to any portion of the Site for any purpose without express written permission of the company.

Liability Disclaimer

The information, software, products, and services published on the Site may include inaccuracies or typographical errors. in particular, the company does not guarantee the accuracy of the pricing, and other travel products displayed on the Site (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. The company disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Site are intended as only general guidelines, and the company does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein.

The company may make improvements and/or changes on the Site at any time, in accordance with the provisions of the clause named ‘Changes and Modifications of these Terms and Conditions’. The company makes no representations about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Site for any purpose, and the inclusion or offering for sale of any products or services on the Site does not constitute any endorsement or recommendation of such products or services by the company. The company hereby disclaims all warranties and conditions with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of the company or its affiliates. The company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. the company 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 it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.

In no event shall the company 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 the Site or with the delay or inability to use the Site, or for any information, software, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability, or otherwise, even if the company and/or its respective suppliers have been advised of the possibility of damages.

No unlawful or prohibited Use

The Client warrants unconditionally that the Client will not use the Site for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.

Use of Site General

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
The client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and the company as a result of this agreement or use of the Site.
The company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the company’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Site or information provided to or gathered by the company 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 Client and the company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Client and the company with respect to the Site.
Any rights not expressly granted to the company herein remain reserved.

General

No variation of this agreement shall be of any force or effect unless it is reduced to writing and is signed by both parties.
These Terms and Conditions contain all the terms and conditions of the agreement between the parties. The parties acknowledge that there are no understandings, representations or terms between them, save for those as set out herein.
If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without effecting the remainder of the agreement hereof.
No extension, latitude or any other indulgence which may be given or allowed by any party in respect of performance of any obligation hereunder, and no delay in the enforcement of any right of any party arising from this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or novation of, or otherwise affect any parties rights in terms of this agreement.
This Agreement and all matters or disputes arising therefrom or incidental thereto shall be governed and construed with the accordance of the laws of the Republic of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and the company.
The Client consents to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrate’s Court. The Client agrees, however, that the Company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
The Client shall not be entitled to cede any of its rights or assign any of its obligations under this Agreement.
If the Company institutes any legal proceedings against the Client to enforce any of its rights under this agreement, it shall be entitled to recover from the Client all legal costs that it incurs to its own attorneys on an attorney/own client basis, including but not limited to collection commission and tracing agent charges.

Addresses for Notices and Legal Process

Each party chooses as its domicilium citandi et executandi ("domicilium") for all purposes under this Agreement, whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this agreement ("notice"), as follows:

The Company: 14 Hobhouse Street, Centurion, Pretoria, South Africa.

The Client: the address as provided by the Client on the Customer Booking Form.

Either of the parties may change its domicilium to another address, by way of a notice to the other party to this Agreement, provided that such a notice is received by the addressee at least 7 days prior to such a change taking effect.