Terms and Conditions
Rajalxmi Travela & Tours CC (Registration Number: 2006/119480/23 (“Rajalaxmi”)
provides a wide variety of expertise and skilled services, primarily travel
and other related services.
RAJALAXMI aspire to provide our client’s with an affordable and totally professional service, ensuring that their individual and specific requirements are met.
If a quotation is accepted and signed by the client,RAJALAXMI undertakes to render the specific services contracted to the client. The client agrees that the following standard terms and conditions will apply to the services and together with the signed quotation will form an agreement with RAJALAXMI.
INTERPRETATION
In this agreement;
Clause headings are for convenience and shall not be used in its interpretation; unless the context clearly indicates a contrary intention- an expression which denotes –
any gender includes the other genders;
a natural person includes an artificial person and vice versa;
the singular includes the plural and vice versa;
The following expression shall bear the meanings
assigned to them below and cognate expressions
bear corresponding meanings -
“customer/client” – shall mean any person and/or recipients and/or users or their agents of the product sold by Rajalaxmi and any person or persons at whose request or on whose behalf the supplier undertakes to supply any goods, do any business, or provide any advice or service;
“copyright” - means all rights of copyright now or in the future in or in relation to the products and/or services, but not limited to drawings, sketches, flow charts and designs relating thereto;
“products” – whatsoever services and/or products Rajalaxmi sold to a customer e.g. tickets, accommodations etc.
“Rajalaxmi” –Rajalaxmi Travel & Tours CC (Registration Number: 2006/119480/23) and “company” shall have the same meaning;
“intellectual property rights” - means all present and future rights, but not limited to copyright, title, trademarks, patents, in or in relation to the products and/or services and other rights which may in the future be based on the products and/or services,
“signatory” – shall mean the individual who signs this agreement and the annexed customer booking form on behalf of the customer;
“this agreement” - means these terms and conditions together with all annexures and schedules attached.
PRICES, QUOTATIONS, BOOKING & AVAILABILITY
The quotation is only an invitation to do business and is subject to whatsoever price increases. The price can never be guaranteed and an agreement is only concluded once the product price is paid in full. All products are subject to availability at the time of booking.
Rajalaxmi has the right to change the prices of the goods from time to time without prior notice to the customer.
All quotes remain valid for 24 hours from the date of the quote, or until the date of issue of a new price, whichever occurs first. The validity of any price quoted is subject to availability. Rajalaxmi reserves the right to extend the validity period subject to revised pricing and delivery times.
Any quote may be changed at any time in the event of any increase in the cost price of the goods, incl. currency fluctuations or any extenuating circumstances beyond the control of PROCORP.
PROCORP (AGENT) AND ITS SUPPLIERS
PROCORP is a travel agency and act as a disclosed agent for third party suppliers, such as, but not limited to all airlines, tour operators, providers of accommodation or any other services, hotels, car rental companies, insurers or adventure experiences etc.
All PROCORP packages or tickets bought by a customer, whether a product or service, is supplied by a supplier/principal. The supplier is solely responsible for the supply of the products. PROCORP only assists in the booking of such products and shall provide all necessary documents in order for the customer to execute the product. Therefore the contract for the products is between the customer and the supplier. Each supplier will have its own terms and conditions relating to the products purchased. The terms and conditions for the suppliers can be obtained from the supplier on request.
As agent, PROCORP has no contractual liability to the customer in respect of the product bought from PROCORP.
DEPOSIT AND PAYMENT
The customer shall pay the amount on the tax invoice at the offices of PROCORP, by debit order or Electronic Funds Transfer.
When making a booking, PROCORP requires a minimum deposit of R450.00 per person and all deposits are non-refundable.
PROCORP reserves the right to require the customer to make full or part payment prior to any booking being undertaken by PROCORP.
The customer accepts a tax invoice reflecting goods and/or services are due and correct if not disputed within 7 (SEVEN) days. No further correspondence will be entertained.
All PROCORP business is conducted on a cash basis and documents and tickets or whatsoever travel documentation shall not be released until full payment is effected.
The customer has no right to withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the customer and a duly authorised representative of PROCORP.
PROCORP shall not bear any risk associated with the loss of cheques sent via post by the customer.
The delay or non-delivery of cellular connections or network providers does not constitute grounds for non-payment.
METHOD OF PAYMENT
CASH – It is the most convenient form of payment. Kindly ensure that you receive a PROCORP invoice.
BANK GUARANTEED CHEQUE – Only bank guaranteed cheques are accepted by PROCORP, but kindly take note that it may take up to 14 (fourteen) working days to clear. No documents, tickets or whatsoever travel documentation shall be released until the cheques are cleared.
CREDIT CARDS – Credit Cards are welcome, however certain suppliers do not accept credit card payment.
ELECTRONIC TRANSFER (EFT) – Whenever payment is made by electronic transfer, confirmation of the payment must be send to the fax number indicated on the booking form. Kindly note that certain banking institutions take more than 24 (twenty four) hours to clear payment.
CANCELLATIONS AND REFUNDS
Prior to utilizing the product and/or services any amendment or any change by a customer to a reservation in whatsoever manner (date change, rerouting etc.) after full payment and issuing of travel documents and tickets, constitutes a cancellation.
If the customer for whatsoever reason cancels a reservation, PROCORP shall charge an administration fee and the supplier may impose a cancellation fee, which could be 100% (hundred percent) of the services price. Kindly note that airline refunds will take a minimum of 12 (twelve) weeks to process.
No refunds are available once the products have been utilized.
Cancellation of any confirmed booking must be received in writing.
When a replacement is found by the person who is cancelling, only a change of booking fee will be charged PLUS any additional fees or levy which may be charged by the carrier and/or in the case of certain properties where no name exchange will be permitted by the hotel.
If, for whatsoever reason, you fail to appear at the reserved place of accommodation, arrive late or leave prior to completion of the booked period of time, no reimbursement will be considered.
The Company will not accept any claims of any nature including consequential damage as a result of any accommodation or other facilities made, or becoming unavailable. The customer hereby indemnifies and holds the Company harmless in respect of such claims.
CHANGE OF BOOKING FEE
If, after confirming and prior to issue of documentation and air tickets, you wish to amend your booking in any way, you may do so, subject to paying a transfer fee of R250.00 per person. In most cases where a change is made within 7 (seven) weeks of departure, normal cancellation procedures apply.
UNSCHEDULED EXTENSIONS AND/OR CURTAILMENT
In the unlikely event of there being an unscheduled extension or delay caused by flight delays, bad weather, strikes or any other cause which is beyond PROCORP’s control, it is understood that expenses relating to these unscheduled extensions or delays will be for the passenger’s account.
FORCE MAJEURE
PROCORP shall not be liable in respect of any breach of this agreement due to any cause beyond its reasonable control including (but without limitation): act of God, inclement weather, lightening, flood or fire, industrial action or lockouts, the act or omission of Government or any other competent authority, war or armed conflict, military operations, vandalism or riot, the act or omission of any other party (including any other party that provide any part of the Service or upon which PROCORP relies in order to provide any part of the Service) and national and/or civil emergencies.
SURETYSHIP AND WARRANTY OF AUTHORITY
The signatory, by his signature hereto, binds himself in favour of the supplier, its successors-in-title and assigns as surety for the co-principal debtor in solidum with the customer for the due and punctual performance by the customer of all its obligations to the supplier in terms of this agreement.
The suretyship in 10.1 shall remain of full force and effect notwithstanding –- any indulgence, concession, leniency or extension of time which may be shown or given by the supplier to the customer.- any amendment/s to this agreement and/or other agreement for the time being subsisting between the parties.
The signatory hereby renounces the benefits of the legal exceptions “non causa debiti”, “errore calculi”, “excussion”, “division”,” de duobus vel pluribus reis debendi”,”no value received” and “revision of accounts”, with the meaning and effect of all of which he declares himself to be fully acquainted.
The signatory warrants, as a material warranty which the signatory relies on in entering into this agreement, that he is duly authorised to represent and bind the customer to this agreement, and that he has read and understood each term and condition of this agreement and accepts them as binding on him and the customer. The customer hereby warrants that it regards the terms and conditions of this agreement as binding upon it.
The signatory and the customer hereby warrant that the signatory to any tax invoice, delivery note or other documentation of the supplier made out in the name of, or to the customer is duly authorised to bind the customer in respect of the relevant transaction.
The signatory shall be bound by the provisions of this agreement as if he were the customer, mutates mutandis, particularly, but without limitation thereto, insofar as the agreement provides for proof of facts, costs of proceedings, service of process, limitations of defenses and jurisdiction.
LAIBILITY AND INDEMNITY
Save as otherwise expressly provided in these terms, the client shall indemnify PROCORP, its directors, employees, servants, sub-contractors, agents, shareholders and any of them against any and all liabilities, actions, losses, claims, proceedings, judgments, damages, obligations, costs and any expenses of any nature whatsoever (including but not limited to legal fees, costs and expenses), made by whomsoever which may at any time be incurred by or imposed on them arising directly or indirectly out of or in connection with the acts or omissions of the client, its servants, agents or representatives, including but not limited to, claims by any third party or breach of copyright or defamation relating to any work carried out for the client.
PROCORP shall not be liable for any loss, consequential, special, incidental, punitive or otherwise, arising directly or indirectly from the failure to supply any work agreed to be supplied by PROCORP to the client due to circumstances beyond its control.
PROCORP shall not be liable for any loss, damage, costs or expense whatsoever and howsoever caused, incurred, sustained or arising from a failure to disclose such information to PROCORP or from incorrect and/or incomplete information furnished to PROCORP or from misrepresentations.
PROPRIETARY RIGHTS
Property in any work reduced to a permanent recorded medium provided to the client by PROCORP together with copyright and all other intellectual property rights of whatsoever nature in the skills, knowledge and technique (as the case may be) employed by PROCORP in providing the work shall be and shall remain vested in PROCORP and there shall be no consent or waiver in respect of such skills, knowledge and technique.
INSURANCE
Travel, medical expenses, baggage, money and cancellation insurance are highly recommended taking into account that the majority of airlines have extremely high cancellation/date change penalties. The client accepts that it is his responsibility to arrange his own insurance. The client will arrange personal insurance and be satisfied that their insurance covers their personal requirements. PROCORP furthermore believes that free credit card travel insurance is not adequate in respect of comprehensive medical and cancellation cover.
GENERAL INFORMATION
PASSPORTS – The customer of the product must ensure that he/she has a valid passport, which is valid for at least 6 (six) months beyond the end of his/her travelling period. If a customer is a permanent South African resident travelling on a foreign passport, the customer must ensure that he/she has all the correct documentation from Home Affair. PROCORP is not responsible or liable in whatsoever manner for any incorrect passport or immigration documentation.
VISAS – It is the responsibility of the customer to enquire form your consultant whether a visa is required for the countries to be visited and to apply for such visas if necessary. If the customer needs any assistance, he/she must ask our consultants assistance.
BAGGAGE – All baggage and personal effects are at all times at the client’s risk and the company cannot accept liability for any loss of baggage or personal effects.
HEALTH – The client must ensure that he/she complies with the countries’ medical and vaccination requirements, which he/she plans to visit. PROCORP advises that the client sees his/her local travel doctor.
FOREIGN CURRENCIES – PROCORP advises that the customer must acquire his/her foreign currencies and/or travelers cheques prior to the trip. Kindly note that PROCORP can assist in obtaining foreign currencies and/or travelers cheques, however we confirm that a third party is the supplier.
RECONFIRMATION OF FLIGHTS – It is the responsibility of the customer to reconfirm all onward flights and timings at least 72 (seventy two) hours before departure.
ITINERARIES – Itineraries are provided for convenience sake only. It is the responsibility of the client to confirm the dates and times with the travel documents and/or tickets and to familiarize him/herself with the travel plan, especially when date changes apply.
THE BOOKING
This booking and any eventual contract between the client and the company shall be deemed to be concluded in Pretoria, Gauteng Province, Republic of South Africa.
WAIVER
If PROCORP for any reason or purpose does no not immediately enforce or implement any of its rights in terms of this agreement it does not mean that it has abandoned or waived any of those rights.
It is agreed that no indulgence whatsoever by PROCORP will affect the terms of this agreement or any of the rights of PROCORP and such indulgence shall not constitute a waiver by PROCORP in respect of any of its rights herein. Under no circumstances will PROCORP be estopped from exercising any of its rights in terms of this agreement.
If PROCORP cannot enforce any conditions under this agreement, it will not affect any of the other conditions in this agreement.
CESSION
The client shall not be entitled to cede and assign any rights and/or obligations, which it may have in terms of this agreement, to any third party, unless, consented to it in writing by PROCORP. However, PROCORP shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this terms and conditions to any third party without prior notice to the customer.
INDEBTEDNESS
The amount due and owing by the customer to PROCORP at any particular time may be determined and proved by a certificate issued and signed by PROCORP (or by one of PROCORP’s directors, whose appointment, qualification and authority need not be proved), the fact that such goods and/or services were sold and delivered or rendered, shall be prima facie proof of the customer’s indebtedness to PROCORP and prima facie proof of delivery of the goods in terms of this contract.
Any printout of computer evidence concerning the customer’s indebtedness tendered by PROCORP will be admissible evidence and no party will object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence.
LEGAL PROCEEDINGS
These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa
PROCORP shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court be entitled to institute action out of such court.
The customer’s address chosen by him or as listed at the Companies and Intellectual Property Registration Office, shall be recognised as the customer’s domicilium for all purposes in terms of this contract whether in respect of the serving of any court process, notices that payment of any amount or communications of whatever nature.
In the event of the customer breaching any of its obligations and/or failing to timeously make payment of any amount to PROCORP, the customer agrees to pay, and shall be liable to pay, all legal costs incurred by PROCORP in enforcing its rights in terms of these terms and conditions on the attorney/own client scale including collection charges, interest and tracing agent’s fees.
Any document will be deemed duly received by the customer within:- 3 (three) working days of pre-paid registered mail to any of the customer’s business or postal addresses or the domicilium address of the customer, or to the personal address of any director, member or owner of the customer; or;- 24 (twenty four) hours of being faxed to any of the customer’s fax number’s or any director, member of owner’s fax number’s; or on being delivered by hand to the customer or any director, member of the customer; or- 48 (forty eight) hours if sent by overnight courier;- 24 (twenty-four) hours of being telexed to the customer’s telex number.
The customer agrees that neither PROCORP nor any of its employees will be liable for any negligent or innocent misrepresentations made to the customer.
ARBITRATION
PROCORP may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the customer and PROCORP.
The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA.
The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.
NEGOTIABLE INSTRUMENTS
Acceptance of a negotiable instrument from the customer shall not be deemed to be a waiver of PROCORP’s rights under this contract. In relation to cheques furnished by the customer to PROCORP, the customer waives its right to insist on notice of dishonour or protest being given to it on the event that the cheque is dishonoured.
WARRANTIES AND INDEMNITY
No warranties whether express or implied shall apply, other than those provided in this contract. PROCORP specifically disclaim the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of PROCORP shall be considered to be a warranty by PROCORP. Any such statements made shall not give rise to any liability or whatsoever nature on the part of PROCORP, its employees, subcontractors or subsidiaries. PROCORP will not be liable to the customer for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of PROCORP’ performance or customers’ use of the goods or services rendered.
The customer indemnifies and holds PROCORP (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against PROCORP by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by PROCORP.
GENERAL
PROCORP reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the customer from the time that the customer is notified thereof.
This contract represents the entire agreement between PROCORP and the customer and shall govern all future contractual relationships between PROCORP and the customer.
No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of PROCORP. No agreement, whether consensual or unilateral or bilateral, purporting or obligate PROCORP to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of PROCORP.
The customer undertakes to notify PROCORP within 7 (seven) days of any change of address or change of in director, shareholder, address or the information as set out in this contract.
Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.
The customer undertakes to keep confidential and not to disclose to any other person all confidential information or documents relating to or in connection with this agreement or relating to PROCORP.
DISCLOSURE OF INFORMATION
The customer understands that the personal information given in this agreement is to be used by PROCORP for the purposes of rendering the specific contracted services. The customer confirms that the information given in this booking form is accurate and complete. The customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which PROCORP will not be liable for inaccuracies.
PROCORP has the customer’s consent at all times to contact and request information from any persons, credit bureau or businesses to obtain any information relevant to the customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time customer has dealt with each supplier, type of goods purchased and manner and time of payment.
The customer agrees and understands that information given in confidence to PROCORP by a third party on the customer will not be disclosed to the customer.
The customer hereby consents to and authorises PROCORP at all times to furnish credit information concerning the customer’s dealing with PROCORP to a credit bureau and to any third party seeking a trade reference regarding the customer in his dealings with PROCORP.
RAJALAXMI aspire to provide our client’s with an affordable and totally professional service, ensuring that their individual and specific requirements are met.
If a quotation is accepted and signed by the client,RAJALAXMI undertakes to render the specific services contracted to the client. The client agrees that the following standard terms and conditions will apply to the services and together with the signed quotation will form an agreement with RAJALAXMI.
INTERPRETATION
In this agreement;
Clause headings are for convenience and shall not be used in its interpretation; unless the context clearly indicates a contrary intention- an expression which denotes –
any gender includes the other genders;
a natural person includes an artificial person and vice versa;
the singular includes the plural and vice versa;
The following expression shall bear the meanings
assigned to them below and cognate expressions
bear corresponding meanings -
“customer/client” – shall mean any person and/or recipients and/or users or their agents of the product sold by Rajalaxmi and any person or persons at whose request or on whose behalf the supplier undertakes to supply any goods, do any business, or provide any advice or service;
“copyright” - means all rights of copyright now or in the future in or in relation to the products and/or services, but not limited to drawings, sketches, flow charts and designs relating thereto;
“products” – whatsoever services and/or products Rajalaxmi sold to a customer e.g. tickets, accommodations etc.
“Rajalaxmi” –Rajalaxmi Travel & Tours CC (Registration Number: 2006/119480/23) and “company” shall have the same meaning;
“intellectual property rights” - means all present and future rights, but not limited to copyright, title, trademarks, patents, in or in relation to the products and/or services and other rights which may in the future be based on the products and/or services,
“signatory” – shall mean the individual who signs this agreement and the annexed customer booking form on behalf of the customer;
“this agreement” - means these terms and conditions together with all annexures and schedules attached.
PRICES, QUOTATIONS, BOOKING & AVAILABILITY
The quotation is only an invitation to do business and is subject to whatsoever price increases. The price can never be guaranteed and an agreement is only concluded once the product price is paid in full. All products are subject to availability at the time of booking.
Rajalaxmi has the right to change the prices of the goods from time to time without prior notice to the customer.
All quotes remain valid for 24 hours from the date of the quote, or until the date of issue of a new price, whichever occurs first. The validity of any price quoted is subject to availability. Rajalaxmi reserves the right to extend the validity period subject to revised pricing and delivery times.
Any quote may be changed at any time in the event of any increase in the cost price of the goods, incl. currency fluctuations or any extenuating circumstances beyond the control of PROCORP.
PROCORP (AGENT) AND ITS SUPPLIERS
PROCORP is a travel agency and act as a disclosed agent for third party suppliers, such as, but not limited to all airlines, tour operators, providers of accommodation or any other services, hotels, car rental companies, insurers or adventure experiences etc.
All PROCORP packages or tickets bought by a customer, whether a product or service, is supplied by a supplier/principal. The supplier is solely responsible for the supply of the products. PROCORP only assists in the booking of such products and shall provide all necessary documents in order for the customer to execute the product. Therefore the contract for the products is between the customer and the supplier. Each supplier will have its own terms and conditions relating to the products purchased. The terms and conditions for the suppliers can be obtained from the supplier on request.
As agent, PROCORP has no contractual liability to the customer in respect of the product bought from PROCORP.
DEPOSIT AND PAYMENT
The customer shall pay the amount on the tax invoice at the offices of PROCORP, by debit order or Electronic Funds Transfer.
When making a booking, PROCORP requires a minimum deposit of R450.00 per person and all deposits are non-refundable.
PROCORP reserves the right to require the customer to make full or part payment prior to any booking being undertaken by PROCORP.
The customer accepts a tax invoice reflecting goods and/or services are due and correct if not disputed within 7 (SEVEN) days. No further correspondence will be entertained.
All PROCORP business is conducted on a cash basis and documents and tickets or whatsoever travel documentation shall not be released until full payment is effected.
The customer has no right to withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the customer and a duly authorised representative of PROCORP.
PROCORP shall not bear any risk associated with the loss of cheques sent via post by the customer.
The delay or non-delivery of cellular connections or network providers does not constitute grounds for non-payment.
METHOD OF PAYMENT
CASH – It is the most convenient form of payment. Kindly ensure that you receive a PROCORP invoice.
BANK GUARANTEED CHEQUE – Only bank guaranteed cheques are accepted by PROCORP, but kindly take note that it may take up to 14 (fourteen) working days to clear. No documents, tickets or whatsoever travel documentation shall be released until the cheques are cleared.
CREDIT CARDS – Credit Cards are welcome, however certain suppliers do not accept credit card payment.
ELECTRONIC TRANSFER (EFT) – Whenever payment is made by electronic transfer, confirmation of the payment must be send to the fax number indicated on the booking form. Kindly note that certain banking institutions take more than 24 (twenty four) hours to clear payment.
CANCELLATIONS AND REFUNDS
Prior to utilizing the product and/or services any amendment or any change by a customer to a reservation in whatsoever manner (date change, rerouting etc.) after full payment and issuing of travel documents and tickets, constitutes a cancellation.
If the customer for whatsoever reason cancels a reservation, PROCORP shall charge an administration fee and the supplier may impose a cancellation fee, which could be 100% (hundred percent) of the services price. Kindly note that airline refunds will take a minimum of 12 (twelve) weeks to process.
No refunds are available once the products have been utilized.
Cancellation of any confirmed booking must be received in writing.
When a replacement is found by the person who is cancelling, only a change of booking fee will be charged PLUS any additional fees or levy which may be charged by the carrier and/or in the case of certain properties where no name exchange will be permitted by the hotel.
If, for whatsoever reason, you fail to appear at the reserved place of accommodation, arrive late or leave prior to completion of the booked period of time, no reimbursement will be considered.
The Company will not accept any claims of any nature including consequential damage as a result of any accommodation or other facilities made, or becoming unavailable. The customer hereby indemnifies and holds the Company harmless in respect of such claims.
CHANGE OF BOOKING FEE
If, after confirming and prior to issue of documentation and air tickets, you wish to amend your booking in any way, you may do so, subject to paying a transfer fee of R250.00 per person. In most cases where a change is made within 7 (seven) weeks of departure, normal cancellation procedures apply.
UNSCHEDULED EXTENSIONS AND/OR CURTAILMENT
In the unlikely event of there being an unscheduled extension or delay caused by flight delays, bad weather, strikes or any other cause which is beyond PROCORP’s control, it is understood that expenses relating to these unscheduled extensions or delays will be for the passenger’s account.
FORCE MAJEURE
PROCORP shall not be liable in respect of any breach of this agreement due to any cause beyond its reasonable control including (but without limitation): act of God, inclement weather, lightening, flood or fire, industrial action or lockouts, the act or omission of Government or any other competent authority, war or armed conflict, military operations, vandalism or riot, the act or omission of any other party (including any other party that provide any part of the Service or upon which PROCORP relies in order to provide any part of the Service) and national and/or civil emergencies.
SURETYSHIP AND WARRANTY OF AUTHORITY
The signatory, by his signature hereto, binds himself in favour of the supplier, its successors-in-title and assigns as surety for the co-principal debtor in solidum with the customer for the due and punctual performance by the customer of all its obligations to the supplier in terms of this agreement.
The suretyship in 10.1 shall remain of full force and effect notwithstanding –- any indulgence, concession, leniency or extension of time which may be shown or given by the supplier to the customer.- any amendment/s to this agreement and/or other agreement for the time being subsisting between the parties.
The signatory hereby renounces the benefits of the legal exceptions “non causa debiti”, “errore calculi”, “excussion”, “division”,” de duobus vel pluribus reis debendi”,”no value received” and “revision of accounts”, with the meaning and effect of all of which he declares himself to be fully acquainted.
The signatory warrants, as a material warranty which the signatory relies on in entering into this agreement, that he is duly authorised to represent and bind the customer to this agreement, and that he has read and understood each term and condition of this agreement and accepts them as binding on him and the customer. The customer hereby warrants that it regards the terms and conditions of this agreement as binding upon it.
The signatory and the customer hereby warrant that the signatory to any tax invoice, delivery note or other documentation of the supplier made out in the name of, or to the customer is duly authorised to bind the customer in respect of the relevant transaction.
The signatory shall be bound by the provisions of this agreement as if he were the customer, mutates mutandis, particularly, but without limitation thereto, insofar as the agreement provides for proof of facts, costs of proceedings, service of process, limitations of defenses and jurisdiction.
LAIBILITY AND INDEMNITY
Save as otherwise expressly provided in these terms, the client shall indemnify PROCORP, its directors, employees, servants, sub-contractors, agents, shareholders and any of them against any and all liabilities, actions, losses, claims, proceedings, judgments, damages, obligations, costs and any expenses of any nature whatsoever (including but not limited to legal fees, costs and expenses), made by whomsoever which may at any time be incurred by or imposed on them arising directly or indirectly out of or in connection with the acts or omissions of the client, its servants, agents or representatives, including but not limited to, claims by any third party or breach of copyright or defamation relating to any work carried out for the client.
PROCORP shall not be liable for any loss, consequential, special, incidental, punitive or otherwise, arising directly or indirectly from the failure to supply any work agreed to be supplied by PROCORP to the client due to circumstances beyond its control.
PROCORP shall not be liable for any loss, damage, costs or expense whatsoever and howsoever caused, incurred, sustained or arising from a failure to disclose such information to PROCORP or from incorrect and/or incomplete information furnished to PROCORP or from misrepresentations.
PROPRIETARY RIGHTS
Property in any work reduced to a permanent recorded medium provided to the client by PROCORP together with copyright and all other intellectual property rights of whatsoever nature in the skills, knowledge and technique (as the case may be) employed by PROCORP in providing the work shall be and shall remain vested in PROCORP and there shall be no consent or waiver in respect of such skills, knowledge and technique.
INSURANCE
Travel, medical expenses, baggage, money and cancellation insurance are highly recommended taking into account that the majority of airlines have extremely high cancellation/date change penalties. The client accepts that it is his responsibility to arrange his own insurance. The client will arrange personal insurance and be satisfied that their insurance covers their personal requirements. PROCORP furthermore believes that free credit card travel insurance is not adequate in respect of comprehensive medical and cancellation cover.
GENERAL INFORMATION
PASSPORTS – The customer of the product must ensure that he/she has a valid passport, which is valid for at least 6 (six) months beyond the end of his/her travelling period. If a customer is a permanent South African resident travelling on a foreign passport, the customer must ensure that he/she has all the correct documentation from Home Affair. PROCORP is not responsible or liable in whatsoever manner for any incorrect passport or immigration documentation.
VISAS – It is the responsibility of the customer to enquire form your consultant whether a visa is required for the countries to be visited and to apply for such visas if necessary. If the customer needs any assistance, he/she must ask our consultants assistance.
BAGGAGE – All baggage and personal effects are at all times at the client’s risk and the company cannot accept liability for any loss of baggage or personal effects.
HEALTH – The client must ensure that he/she complies with the countries’ medical and vaccination requirements, which he/she plans to visit. PROCORP advises that the client sees his/her local travel doctor.
FOREIGN CURRENCIES – PROCORP advises that the customer must acquire his/her foreign currencies and/or travelers cheques prior to the trip. Kindly note that PROCORP can assist in obtaining foreign currencies and/or travelers cheques, however we confirm that a third party is the supplier.
RECONFIRMATION OF FLIGHTS – It is the responsibility of the customer to reconfirm all onward flights and timings at least 72 (seventy two) hours before departure.
ITINERARIES – Itineraries are provided for convenience sake only. It is the responsibility of the client to confirm the dates and times with the travel documents and/or tickets and to familiarize him/herself with the travel plan, especially when date changes apply.
THE BOOKING
This booking and any eventual contract between the client and the company shall be deemed to be concluded in Pretoria, Gauteng Province, Republic of South Africa.
WAIVER
If PROCORP for any reason or purpose does no not immediately enforce or implement any of its rights in terms of this agreement it does not mean that it has abandoned or waived any of those rights.
It is agreed that no indulgence whatsoever by PROCORP will affect the terms of this agreement or any of the rights of PROCORP and such indulgence shall not constitute a waiver by PROCORP in respect of any of its rights herein. Under no circumstances will PROCORP be estopped from exercising any of its rights in terms of this agreement.
If PROCORP cannot enforce any conditions under this agreement, it will not affect any of the other conditions in this agreement.
CESSION
The client shall not be entitled to cede and assign any rights and/or obligations, which it may have in terms of this agreement, to any third party, unless, consented to it in writing by PROCORP. However, PROCORP shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this terms and conditions to any third party without prior notice to the customer.
INDEBTEDNESS
The amount due and owing by the customer to PROCORP at any particular time may be determined and proved by a certificate issued and signed by PROCORP (or by one of PROCORP’s directors, whose appointment, qualification and authority need not be proved), the fact that such goods and/or services were sold and delivered or rendered, shall be prima facie proof of the customer’s indebtedness to PROCORP and prima facie proof of delivery of the goods in terms of this contract.
Any printout of computer evidence concerning the customer’s indebtedness tendered by PROCORP will be admissible evidence and no party will object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence.
LEGAL PROCEEDINGS
These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa
PROCORP shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court be entitled to institute action out of such court.
The customer’s address chosen by him or as listed at the Companies and Intellectual Property Registration Office, shall be recognised as the customer’s domicilium for all purposes in terms of this contract whether in respect of the serving of any court process, notices that payment of any amount or communications of whatever nature.
In the event of the customer breaching any of its obligations and/or failing to timeously make payment of any amount to PROCORP, the customer agrees to pay, and shall be liable to pay, all legal costs incurred by PROCORP in enforcing its rights in terms of these terms and conditions on the attorney/own client scale including collection charges, interest and tracing agent’s fees.
Any document will be deemed duly received by the customer within:- 3 (three) working days of pre-paid registered mail to any of the customer’s business or postal addresses or the domicilium address of the customer, or to the personal address of any director, member or owner of the customer; or;- 24 (twenty four) hours of being faxed to any of the customer’s fax number’s or any director, member of owner’s fax number’s; or on being delivered by hand to the customer or any director, member of the customer; or- 48 (forty eight) hours if sent by overnight courier;- 24 (twenty-four) hours of being telexed to the customer’s telex number.
The customer agrees that neither PROCORP nor any of its employees will be liable for any negligent or innocent misrepresentations made to the customer.
ARBITRATION
PROCORP may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the customer and PROCORP.
The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA.
The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.
NEGOTIABLE INSTRUMENTS
Acceptance of a negotiable instrument from the customer shall not be deemed to be a waiver of PROCORP’s rights under this contract. In relation to cheques furnished by the customer to PROCORP, the customer waives its right to insist on notice of dishonour or protest being given to it on the event that the cheque is dishonoured.
WARRANTIES AND INDEMNITY
No warranties whether express or implied shall apply, other than those provided in this contract. PROCORP specifically disclaim the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of PROCORP shall be considered to be a warranty by PROCORP. Any such statements made shall not give rise to any liability or whatsoever nature on the part of PROCORP, its employees, subcontractors or subsidiaries. PROCORP will not be liable to the customer for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of PROCORP’ performance or customers’ use of the goods or services rendered.
The customer indemnifies and holds PROCORP (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against PROCORP by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by PROCORP.
GENERAL
PROCORP reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the customer from the time that the customer is notified thereof.
This contract represents the entire agreement between PROCORP and the customer and shall govern all future contractual relationships between PROCORP and the customer.
No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of PROCORP. No agreement, whether consensual or unilateral or bilateral, purporting or obligate PROCORP to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of PROCORP.
The customer undertakes to notify PROCORP within 7 (seven) days of any change of address or change of in director, shareholder, address or the information as set out in this contract.
Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.
The customer undertakes to keep confidential and not to disclose to any other person all confidential information or documents relating to or in connection with this agreement or relating to PROCORP.
DISCLOSURE OF INFORMATION
The customer understands that the personal information given in this agreement is to be used by PROCORP for the purposes of rendering the specific contracted services. The customer confirms that the information given in this booking form is accurate and complete. The customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which PROCORP will not be liable for inaccuracies.
PROCORP has the customer’s consent at all times to contact and request information from any persons, credit bureau or businesses to obtain any information relevant to the customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time customer has dealt with each supplier, type of goods purchased and manner and time of payment.
The customer agrees and understands that information given in confidence to PROCORP by a third party on the customer will not be disclosed to the customer.
The customer hereby consents to and authorises PROCORP at all times to furnish credit information concerning the customer’s dealing with PROCORP to a credit bureau and to any third party seeking a trade reference regarding the customer in his dealings with PROCORP.
RAJALAXMI © 2013 • Privacy Policy