Dome Travels T&C
In this agreement, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them: “The TMC” shall mean the Travel Management Company, Dome Travels. “The Client” shall mean the person who applies (directly or indirectly) to the TMC for the TMC’s services including, but is not limited to, a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-contractor. The Client shall include any other person on behalf of the Client or whom the Client represents and includes any company or organization who wishes to do business with the TMC. “The Conditions” shall mean these terms and conditions.
Booking policy:
- Booking can be confirmed in writing only
- Booking is confirmed only after 10% deposit of the total booking value has been paid
Deposit policy:
- 10% deposit (non-refundable) of the total booking value should be paid within 10 days of making the booking unless otherwise stated
- A further 40% of the total booking value should be paid 90 days prior to arrival unless otherwise stated
- The remaining 50% of the total booking value should be paid 30 days prior to arrival unless otherwise stated
Cancellation policy:
Cancellations can only be accepted in writing via email or fax.
- *60 – 31 days prior to arrival 25% of the booking value will be charged unless otherwise stated
- *30 – 16 days prior to arrival 50% of the booking value will be charged unless otherwise stated
- *15 – 0 days prior to arrival 100% of the booking value will be charged unless otherwise stated
- * NO SHOW 100% of the booking value will be charged
Quotations
All Quotations provided by the TMC are subject to availability of the product or service from the Supplier when the Booking/Reservation is made by the TMC on the Client’s behalf. Prices quoted cannot be guaranteed due to demand and price fluctuations and/or currency fluctuations and will only be confirmed upon receipt of payment in full. Bookings/Reservations may be held for a limited period only, provided however that the TMC cannot guarantee such period or Bookings/Reservations until payment has been affected in full by the Client and the TMC has paid same to the Supplier and received their confirmation.
Authority
Any person requesting a Quotation or making a Reservation or to whom any Service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the Services are rendered.
Any Client providing confirmation, whether in writing or verbal, pursuant to a Quotation shall be deemed to have accepted these standard terms and conditions, and furthermore, shall be deemed to have complied with any and all “internal” requirements or authorisations, whether or not such confirmation contains an order number and furthermore, shall be deemed to have obtained the authority and/or approval of the Traveller on whose behalf the Client is accepting the Quotation.
Special requests
Whilst the TMC will use its best endeavours to accommodate or facilitate any special requests, it cannot guarantee that it will be in a position to facilitate any such demands. The earlier such requests are made prior to departure date, the better the chances of being able to facilitate such request. The Client acknowledges that the TMC is almost invariably subject to the terms and conditions of the Suppliers.
The TMC as an intermediary
The TMC only acts as an intermediary between the Client and the Suppliers, and accordingly on receipt by the TMC of any request for a Booking(s) or pursuant to a Quotation, the TMC shall transmit any such Booking to the Suppliers concerned and endeavour to secure timeously all reservations and arrangements.
All Quotations or estimates provided by, or Bookings made with and/or all Services rendered or vouchers, receipts or tickets issued by or on behalf of the Client are subject to these Standard Terms and Conditions as well as those of any Supplier.
Services shall be deemed not to be confirmed until such time as payment in full or authorization from the TMC has been received by the Supplier, which will usually not take place until payment or authorisation for transaction, have been received by the TMC from the Client.
The Suppliers may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate Suppliers such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all Travellers and that Travellers acquaint themselves with the terms of such insurance particularly the exclusions and consider the adequacy of such insurance relative to their needs.
The TMC does not accept liability to the Traveller for any actions, errors or omissions of the Suppliers and/or their agents, which may be prejudicial to the Client or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damages of whatsoever nature or kind and the Client indemnifies the TMC accordingly.
Any right of recourse the Client may have will be solely against the Suppliers.
It shall be the Client’s responsibility to ensure that the Bookings/Reservations effected by the TMC on the Client’s behalf accord with the Client and/or Traveller’s intended travel itinerary and arrangements. The TMC shall in no circumstances be responsible for any loss, harm, damage, cost or expense of whatsoever nature and howsoever incurred in relation to incorrect Bookings/Reservations or Bookings/Reservations effected contrary to the Client or the Traveller’s intended travel arrangements. Any errors made to the Client/Traveller’s itinerary must be brought to the TMCs immediate attention.
Limitation of liability
Neither the TMC nor any related company or representative shall be liable for any injury, illness, harm, trauma, death to the Client or any other passenger and/or loss of or damage howsoever caused and the Client indemnifies the TMC accordingly. The TMC, its directors, employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of the TMC’s employee(s).
Due to the fact that the TMC is only acting as an intermediary and as an agent of the Client/Traveller, all risk inherent in utilising the services of the Supplier, including, but not limited to, the liquidation of such Supplier or the ramifications of such Suppliers not being registered with an appropriate international governing body requiring the maintenance of certain standards and/or safety regulations, shall remain with the Client/Traveller.
All amounts paid to the TMC in respect of the Services shall be deemed not to be held in Trust by the TMC and accordingly, any amounts paid over to third party Suppliers, are paid over on the Client’s behalf pursuant to an implied instruction from the Client when accepting a Quotation and effecting payment of a Supplier usual fees or charges or deposits.
Bookings
All Booking requests are to be provided by the Client/Traveller to the TMC in writing in line with the Client’s agreed process of authorisation.
Wherever possible, the TMC will endeavour to confirm the status of any Booking in writing whether by e-mail or sms, but any failure to do so shall not be considered to negate the validity and conditions of the Booking or to constitute an act of negligence on behalf of the TMC.
In the event of there being an unscheduled extension to the Booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of the TMC, expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for the Client’s account, unless provided or paid for by the Supplier.
The price quoted to the Client is based on fares, hotel prices, land costs and other relevant costs at the date of Quotation. Most Bookings/Reservations are dependent upon prompt payment (usually within 24 hours) after reservation by the TMC. The Client is accordingly required to effect payment timeously, or confirm acceptance of the quote or offer, failing which the validity of Bookings and fares or costs may be nullified and a reprising and/or re-booking by their Supplier may be required. The Client shall bear all risk in this regard.
In the event of there being any increase in any of the foregoing costs prior to the issuing of the documents, such variation shall be for the Client’s account and payable on request by the TMC, as shall any increase in the price(s) quoted arising from the fluctuation in rates of exchange.
Payment
Prices and Reservations are not guaranteed until acceptance of the quote or offer has been confirmed or tickets have been paid for in full, and issued, and are subject to change at any time prior thereto.
Final payment for any Booking must be made upon confirmation of the Booking, unless specific arrangements have been made and confirmed in writing by the TMC, including confirmed acceptance of the quote or offer. Final payment is based upon on the quoted and confirmed price, less any deposit paid, plus any additional charges that may have been incurred.
Aside from passport, visa and other Peripheral Service fees (“additional fees”), the TMC reserves the right to charge late booking charges, communications, consultation, administration and amendment fees where applicable. With the cancellation of a trip, the agent service fees will still apply.
Insurance
The risk of a failure to obtain adequate insurance cover shall be solely on the Client/Traveller and the TMC shall not be liable for any loss, harm, damage, and costs of whatsoever nature and howsoever incurred in connection with the Client/Traveller’s travel arrangements. Accordingly all queries must be addressed to the Client and/or the Traveller’s principal insurer, as the TMC shall in no way be held responsible for any and/or all information advanced by any of its staff or representatives in this regard.
The Client is to check the requirements with the TMC before travelling. The Client acknowledges that any advice given by a Travel Consultant should not be interpreted as legal advice concerning visas, entry requirements, immigration, or residency.
It is specifically noted that the TMC cannot be held responsible for: Denial of the Client’s visa application for any reason; Delay of issuance of the Client’s visa by the relevant Consulate or High Commission; Loss of the Client’s passport(s) by the consular offices and/or courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Passport application delays; incorrect issuance of passport or visa.
Responsibility / release and assumption of risk
The Client understands and is aware that during the trip in which it/its Travellers will participate under the arrangements of the TMC and its agents, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including but not limited to the hazards of travelling in unsafe areas or under unsafe conditions, the hazards of travelling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and/or the bankruptcy, insolvency or cessation of services by, the TMC’s affiliated companies, airlines, other third parties or subcontractors. In consideration of, and as part of the payment for, the right to participate in such air itineraries, the Client has and does hereby expressly assume all of the above risks.
Interpretation, law applicable and jurisdiction
Words implying the singular shall include the plural and vice versa, words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa.
Arbitration
Any dispute, difference or question which may arise at any time hereafter between the parties touching the true construction of the terms and conditions or the rights and liabilities of the Parties hereto shall, unless otherwise herein expressly provided, be referred to the decision of a single arbitrator to be agreed upon between the parties, or, in default of terms and conditions for 14 (fourteen) days, to the appointed at the request of either party in accordance with, and subject to, the provisions of the Arbitration Act 42 of 1965 or any statutory modification or re-enactment thereof for the time being in force.