Terms and Conditions|
these Terms and Conditions, unless the context clearly indicates to the
contrary, the following words and expressions shall bear the meaning
hereinafter assigned to them:
shall mean HWN Travel t/a WW Travel, and/or anyone acting for or on
behalf of the Company, provided such person has been duly authorised
and is acting within his or her scope of duty.
shall mean the person who uses the wwtravel.co.za services of the
Company including, but is not limited to, a person who applies for his
own use or benefit or on behalf of any other person.
“The Conditions” shall mean these terms and conditions and those of the Company, where applicable.
means all information of a private or confidential nature not in the
public domain, including, but not limited to, an individual’s personal
information as defined in POPI.
“Data Management Services”
means the storage, filing and updating facilities and/or services that
may be rendered to the Client, pursuant to the Client’s request,
including the management of the Client’s or Traveller’s Personal
information, Client trading data, and any other confidential
information on the Company’s databases, inclusive of any ancillary or
incidental services as contemplated herein.
means all third party rewards or benefit programmes in respect of which
a Client or Traveller receives or ought to receive rewards or benefits
of whatsoever nature as a result of utilising the services or products
of such third party.
shall mean any person (whether or not such person is the Client who
utilises or obtains any benefit from the Services of the Company). The
Traveller shall include a potential Traveller.
“The Travel Booker” shall mean any other party who has made or secured any travel bookings or arrangements for the Client and/or Traveller.
“The Services” shall mean the services of wwtravel.co.za through which a Traveller may
request and book any travel or other service, product or matter
incidental thereto of whatsoever nature to or for the “Client or the Traveller”.
The aforesaid shall be used interchangeably and shall include, inter
alia, but not be limited to the booking of reservations for
accommodation, transport or the like (whether by air, sea, land or
otherwise), other service or facility.
“Online” means the internet based website that provides access to the Supplier inventory through wwtravel.co.za online booking site.
"Peripheral Requirements / Services"
shall mean, inter alia, obtaining or meeting the requirements for
passports, visas, health documents, insurance, foreign exchange,
Reserve and other bank approvals, use of credit cards, customs and
immigration regulations as well as other peripheral requirements or
services requested by the Client and/or Traveller.
shall mean the provider of air travel, accommodation, transport, tour
operators, car hire, and all other relevant services or products
available through the wwtravel.co.za webpage.
1.1 It is the Client and/or Traveller’s responsibility
to familiarise himself/herself with all the terms and conditions
contained herein and to famaliarise himself/herself with all the terms
and conditions of the chosen services offered by the various suppliers
1.2 The Client and/or Traveller acknowledges
that every service as chosen on wwtravel.co.za may be supplied
through a different Supplier and that each Supplier has its own
standard terms and conditions and that it is the responsibility of the Client/Traveller to familiarise himself/herself with all the terms and conditions of the specific Suppliers before confirming any Booking.
1.3 The Company may refer to itself as an “agent” from time-to-time but is not an agent for any third party/ies.
1.4 These terms and conditions will govern all future dealings between the Parties and may be amended from time to time.
2. Bookings on wwtravel.co.za
All prices provided through wwtravel.co.za are subject to availability of the product or service from the Supplier when the Booking is made by the Client.
The Prices cannot be guaranteed due to demand and price fluctuations
and/or currency fluctuations and/or seasonal changes and will only be
confirmed upon receipt of payment in full as contemplated in clause 13
3. Authority & Standard Terms and Conditions
Any person using wwtravel.co.za is deemed to have read and accepted
the Conditions and to have the authority to do so on behalf of the Traveller.
Any person using wwtravel.co.za is deemed to have read and accepted
the Terms and Conditions of any Supplier as per the chosen service and
to have the authority to do so on behalf of the Traveller.
4. Date changes
their agent can make most date changes directly on the website or with
the suppliers, or with the wwtravel.co.za callcentre while they are
travelling. Some dates may only be changed through the Company.
Availability of seats and date change fees are subject to the supplier policies and fare or rate terms and conditions. The Company can advise about the policies regarding a specific itinerary on request.
Company is able to assist in making date changes for an additional
charge or as per agreement. Please enquire with the Company regarding
these additional charges. These charges will be in addition to the date
change fees charged by the Supplier, including, airlines and other
third party suppliers. Some suppliers, may
not allow date changes. In order to change the travel dates of such
tickets, the travel document must be submitted for a refund or used in
exchange for payment for new travel purchased for new travel dates.
(Please refer to the section on Cancellations, below.)
5. Routing changes
tickets have been issued, routing changes (including adding, removing,
or changing stopovers or connections) may not be permitted by all
airlines or other Suppliers. If a routing change is needed, the ticket may need to be submitted by the Company to the Supplier for
a refund and a new ticket purchased for the new travel routing. (Please
refer to the section on Cancellations, below).Please check terms and
conditions, as in certain cases, the travel might not be exchangeable
or non-refundable as specific terms and conditions might apply.
6. The Company as an intermediary
6.1 The Company only acts as an intermediary through the use of wwtravel.co.za webpage between the Client and the Suppliers.
6.2 No Booking shall be deemed to be confirmed until such time as payment in full has been received by the relevant Supplier and/or the Company, as the case may be.
6.3 The Suppliers may
be acquitted from responsibility in that they act as agent themselves
or have contracted out of liability, as may the ultimate Principals such
as hotels, car hire, transfers, insurance and coach operators and other
suppliers that might be contracted from time to time. 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
6.4 No international travel is permitted without sufficient insurance and it is the Traveller’s responsibility to either procure sufficient cover by purchasing same through a Supplier (exclusions may apply) or confirming that the Traveller has sufficient cover through his/her current insurer. The Company takes no liability in the event that a Traveller is not sufficiently (or at all) covered.
6.5 The Company 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 Company accordingly.
6.6 Any right of recourse the Client may have, will be solely against the Suppliers.
6.7 It shall be the Client’s responsibility to ensure that the Bookings are correct before confirming and making payment of same.
7. Limitation of liability
7.1 Neither the Company 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 (such as,
but not limited to, acts of nature, terrorism, strikes etc.) and the Client indemnifies the Company accordingly. The Company,
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 Company’s employee(s).
7.2 Due to the fact that the Company is only acting as an intermediary and as an agent of the Client/Traveller, all risk inherent in utilising the services of the Principal/Supplier, including, but not limited to, the liquidation of such Principal/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.
7.3 All amounts paid to the Company in respect of the Services shall be deemed not to be held in Trust by the Company and accordingly, any amounts paid over to third party Principals/Suppliers, are paid over on the Client’s behalf pursuant to an implied instruction from the Client when confirming a Booking and effecting payment of a Supplier/Principal’s usual fees or charges or deposits.
7.4 The Company will not be liable for the failures of any Services rendered by any Suppliers to a Traveller as chosen through wwtravel.co.za and the Client indemnifies the Company in terms hereof.
7.5 Should any Client/Traveller request
to have flights booked on non-IATA registered airlines through the
internet or General Distribution System, and remain insistent on
confirming such travel arrangements, despite the fact that non-IATA
registered airlines are not subject to stringent safety audits and
there is no financial stability checks and no commitment to IATA
service standards, the Company will
accordingly not be responsible for any liability for any financial or
safety implications that may arise from the use of such airlines.
In the event of there being an unscheduled extension to the Booking
caused by flight delay, acts of nature, strikes, terrorism or any other
cause that is beyond the control of the Company, expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for the Client’s account.
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 Company,
as shall any increase in the price(s) quoted arising from the
fluctuation in rates of exchange, availability and seasonal changes and
8.3 Leisure travel documents will not be issued until such time that full payment is cleared by the Company's and/or Suppliers bankers. The onus will be on the Client to
check that there have been no changes in the price prior to making full
and final payment. Airfares are subject to the fare and fare rule
conditions quoted by the airlines and cannot be guaranteed by the Company before payment.
9. Reconfirming flights / tickets (very important!)
The Company recommends that Travellers reconfirm
each flight, even if the airline says that it is not required. Where
online seat allocation and check-in exists, the online process will
replace all other arrangements. It is the Client/Traveller’s responsibility to check that pre-seating has been done correctly and that the Traveller is in the possession of his required boarding passes if these services are requested by the Client.
10. Airline default / involuntary schedule changes
The Company takes no responsibility in the event of an airline’s or Principal/Supplier’s default or cessation of service on a ticketed route or schedule change. Travel
insurance that covers airline default is highly recommended. Travellers
are advised to acquaint themselves with the terms of such insurance
particularly the exclusions and to consider the adequacy of such
insurance relative to their needs.
Prices and Bookings are not guaranteed until tickets have been paid for
in full and issued, and are subject to change at any time prior thereto.
11.2 Final payment for any Booking must be made upon confirmation of the Booking.
11.3 Payment by credit card: When paying by credit card, the Client shall
be required to present the credit card used for the Booking to each
Supplier and at their request at the time of utilizing the Booking and
the credit card should be in the name of the Traveller.
11.4 Accepted forms of payment:
11.4.1 All major debit and/or credit cards, if accompanied by satisfactory identification.
11.4.2 The Company reserves
the right to investigate, check and validate any form of payment
presented for reservations made on the website or through support
consultants, and based on information provided by their agents, reject
cancel or change reservations without further consultation with no
obligation of providing reasons for doing so. The Company will not be liable for the information provided by third parties with regards to payment validation.
11.4.2 Direct deposit – cash only (deposit slips must be faxed or e-mailed to the Company) and will be verified before release of travel documentation or confirmation.
11.4.3 Electronic funds transfer (proof of payment must to be faxed or e-mailed to the Company) and will be verified before the release of travel documentation of confirmation.
11.4.5 The Company and/or Suppliers do not accept payments made by cheques.
travel documentation will only be sent to the email address as provided
once Bookings have been paid for in full, but if information has been
provided prior to finalization or full payment, it is for information
purposes only and cannot be interpreted as confirmation.
13.1 The Company strongly recommends that travel insurance be purchased for the duration of the Client’s journey. Insurance can only be purchased prior to departure. The Company urges the Client to
take out additional insurance cover over and above the phase one
insurance offered free as standard for international travel by the
various credit card companies. The Client must check the specific details of the complimentary cover with his/her respective credit card company directly
13.2 The risk of a failure to obtain adequate insurance cover shall be solely on the Client/Traveller and the Company 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 Company shall
in no way be held responsible for any and/or all information advanced
by any of its staff or representatives in this regard.
13.3 Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only and the Company will not be under any responsibility or liability whatsoever in relation thereto.
14. Peripheral requirements
The Client may book any Peripheral Requirements or Services, provided however, that the Company shall
not be held liable for ensuring that these Peripheral Requirements and
Services are provided correctly or timeously or at all, nor ensure the
accuracy of any information or any lack of information relating to such
Peripheral Requirements and/or Services. The Company does
not determine the cost of some of these services but will charge
specific service fees for these Peripheral Services and any assistance
is accordingly rendered at the Client’s/Traveller’s sole risk.
15. Travellers’ Details and Documents
15.1 Verification of Traveller’s full names and travel details: It is important that the Client provide the Traveller’s full names as per the passenger/s travel documents (South African ID or passport). Failure to do so could result in the Traveller being denied boarding or face deportation due to name mismatch information. The Client must
ensure that all the travel arrangements, itinerary details and
documents are correct on receipt thereof. Once documents have been
issued, name changes are not permitted to airline tickets and any
change thereto will require that the ticket/s is submitted for a refund
and a new ticket is issued. Any financial penalties imposed by the
service provider(s) as a result of name changes will be payable by the Client.
15.2 Other documents: Other documents that may be required for the Client’s journey are the Client’s identity
document/passport, an international driver's license, visas, insurance,
unabridged birth certificates if children are travelling, inoculation
certificates and hotel, car and tour vouchers. The Client is to ensure that he/she checks all of these documents at the time of issue where applicable, prior to the Client’s departure.
15.3 Passports, visas & health:
15.3.1 The Client is responsible for obtaining any necessary visas and travel permits for all countries that the Client will
be travelling to or transiting through, and for informing him/herself
as to which countries/areas within countries require visas and/or
special permits. Visa and entry requirements may vary depending on the Client's nationality,
the length of stay, and the purpose of the visit, among other factors.
Visa information and visas can be obtained by contacting the Consulate
or Embassy of the countries involved or from a visa service company. It
is required that the Client establish what the required criteria is for the obtaining of a visa, and ensures that the Client adheres to the requirements set out by the Embassies, Consulates or their representatives.
15.3.2 It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and that the Client’s passport will be valid for 6 (six) months to 1 (one) year after the Client’s return
to his/her home country and contains sufficient blank pages (for visa
issuance) and that any vaccinations, inoculations, prophylactic (e.g.
for malaria) and the like, where required, have been obtained.
are advised that all children (under the age of 18 years) travelling to
and from the Republic of South Africa require an unabridged birth
certificate at all times and should the child be travelling alone or
only with one parent, then the unabridged birth certificate should be
accompanied by a consent form of the absent parent/s.
15.3.4 It is specifically noted that the Company cannot be held responsible for: Denial of the Client’s visa application for any reason; Denial of entry into any country for whatsoever 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.
16.1 The Client acknowledges that all the Company’s Suppliers and/or Service Providers have different terms and conditions relating to cancellation and refunds and the Company shall not be responsible for the forfeiture of any deposits, costs or charges paid or due to Principals/Suppliers or other third party suppliers.
16.2 The Client further
acknowledges that the policies and terms and conditions of Bookings,
deposits or payments also vary according to the types of fares and the
cancellation notice periods afforded by such Suppliers to the Client having regard to the actual cancellation notice period given by the Client. The onus of timeously notifying Principals/Suppliers of required cancellations in accordance with those terms and conditions shall remain exclusively with the Client. The Client acknowledges
that some tickets are non-refundable (irrespective of circumstances),
whilst others may require significant notice periods, and furthermore
these terms and conditions may vary with large group or block bookings.
Any failure to cancel any booking will result in a total booking cost
remaining payable by the Client.
Additionally, the Company shall
have the right to cancel any contract should its fulfilment be rendered
impossible, impeded or frustrated by strike, lock-out, civil commotion,
war, act of God, force majeure, lack of materials, operation of law or
regulations or order made by any statutory or other duly constituted
authorities or any other cause beyond the control of the Company.
Non-Refundable Tickets: Certain tickets are completely non-refundable
according to airline rules and various other third party’s terms and
conditions. Cancellations for any reason whatsoever, including medical
reasons, death, terrorism, strikes, wars, acts of nature, airliner’s
default or government travel warnings will not entitle the Client to
any refund in the case of non-refundable tickets nor of waiving the
cancellation penalties in the case that the tickets can be refunded.
Insurance: Trip cancellation and interruption insurance is therefore
highly recommended. For the best coverage, travel insurance should be
purchased at the same time as the airline tickets.
17. Refund Policy
17.1 The Company shall not be required to refund the Client until such time as it has been refunded, if at all, by Suppliers or any other third party service provider.
18. Loyalty Programmes
18.1 The Company shall not be responsible for any failure to obtain the benefit of a Loyalty Programme on the Client/Traveller’s behalf, it shall be the sole responsibility of the Client and/or Traveller to
ensure that the requirements of such Loyalty Programmes are adhered to
and that the relevant Loyalty Programme operator is duly notified.
18.2 The Client indemnifies the Company against
any and all claims by any third party of whatsoever nature and
howsoever arising in respect of any failure to procure rewards or
benefits from any Loyalty Programme.
19. WARNING - Malaria and other tropical diseases
Certain parts covered by the Client’s itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The Company strongly recommends that the necessary precautions be taken in this regard and recommend that the Client check
with his/her medical practitioner before departure or a medical
practitioner well versed in tropical diseases immediately upon the Client’s arrival in Africa or any other tropical or sub-tropical destination. If the Client has not done so prior to departure, it is imperative the Client do so upon the Client’s return.
20. Foreign exchange
This may be purchased up to 60 (sixty) days prior to departure. Foreign exchange regulation compliance is the Client’s exclusive duty.
In compliance with all South African protection of personal information
(POPI) or data privacy legislation that will be applicable, the Traveller and/or Client (on behalf of the Traveller –
duly authorised thereto) hereby acknowledge and provide my/their
consent and authorise the Company to process, share (with any third
party Suppliers that are rendering travel services as selected by Client)
and store all my/theit personal information (including but not limited
to personal identification number), as uploaded and supplied on
wwtravel.co.za for the sole purpose of rendering the Service.
21.2 Although the Company will
endeavour to maintain the confidentiality of such information, once
distributed to third parties, the confidentiality can no longer be
guaranteed by the Company and the Company accepts no liability in terms hereof on behalf of any third parties.
21.3 The Client acknowledges that it may become possessed of Confidential Information proprietary to the Company, such as, without limiting the generality of the afore-going, rates, service fees and contractual arrangements with Suppliers. The Client undertakes
to maintain the confidentiality of such information and not to disclose
or distribute such information to third parties without the Company’s prior written consent, acknowledging that a breach of the undertaking could result in the Company suffering damages.
22. Departure Tax or tourism levies or selected country taxes or charges
Certain destinations may require any of the above charges which is
payable in cash locally upon departure. These costs is not included in
the prices quoted.
22.2 Above charges or departure taxes are subject to change without notification and it is not always possible for the Company to inform the Client and/or Traveller in advance. Furthermore the currency in terms of which such taxes may be payable is also subject to change and it is the Client/Traveller’s responsibility to ascertain the amounts and currency requirements prior to departure.
23.1 Bookings made through wwtravel.co.za are the sole responsibility of Client utilising such facilities. The Company will not be held responsible for any errors made by the Client with respect to such Bookings, nor for any cancellations, refunds or service breakdowns to the facilities whatsoever.
23.2 Whilst the Company will
endeavour to facilitate the on-going availability of wwtravel.co.za,
it cannot guarantee 100% availability on a 24 hour basis, 7 days a
week. The Company shall, where possible, provide the Client prior
notice of scheduled maintenance, which maintenance shall be scheduled
for the most convenient time so as to minimise inconvenience to the Client/ Traveller.
23.3 The Company shall
have the right to take whatever action it deems appropriate in order to
protect the confidentiality, security and integrity of the
24. 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.
The rule of construction in terms of which any ambiguity in the
interpretation in these terms and conditions shall be interpreted
against the Party responsible for the drafting of same shall not apply.
This agreement is governed by South African Law. The Parties hereby
consent to the jurisdiction of the appropriate Magistrate's Court in
regard to any action and/or proceedings based on/or arising from these
Terms and Conditions.
24.4 This document reflects the only and full agreement between the Client and the Company and
there exist no other terms, conditions, warranties, representations,
guarantees, promises, undertaking or inducements of any nature
whatsoever (whether verbal, written or electronic) regulating the
relationship. The Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or
otherwise that is not included herein. No variation and/or extension
thereof shall be valid unless agreed to both by the Parties in writing.
In the event of a clash and/or uncertainty in meaning and/or
interpretation between this and any other document issued by the Company, this document will always have preference. The Client will be liable for all legal fees of an attorney and own client scale in the event that the Company has to engage a lawyer to enforce or defend any of its rights or otherwise.
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 expedited rules of the Arbitration Foundation of South
Africa, which order shall be binding on the Parties.
26.1 The Client/Traveller is required to check the Principal/ Supplier’s baggage conditions in order to ascertain their free baggage allowance and excess baggage costs.
26.2 In addition to the afore-going, the Client/Traveller is
required to familiarise themselves with unacceptable baggage items in
terms of the International Civil Aviation Organisation (ACAO) technical
instructions as well as the International Air Transport Association
(IATA) Dangerous Goods Regulations – refer to www.iata.org-bags for
information and links. For safety reasons dangerous articles must not
be packed in checked or cabin baggage. Restricted articles include but
are not limited to, compressed gasses, corrosives, explosives,
flammable liquids, oxidising materials, poisons, and infectious
Generally speaking, air travel passengers are allowed 1 (one) piece of
hand luggage with specified weight and size requirements. These
requirements are indicated on ticket confirmations and on the airline
website. Additional weight and size may require the passenger to check
such baggage in as checked baggage which may incur increased charges.
27. Responsibility / release and assumption of risk
understand and am aware that during the trip in which I will
participate under the arrangements of the Company 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 Company’s affiliated companies, airliners, other third
parties or subcontractors. In consideration of, and as part of the
payment for, the right to participate in such air itineraries, I have
and do hereby expressly assume all of the above risks.
terms of this agreement shall serve as a release and express assumption
of risk for myself, my heirs, assignees, administrators, executors, and
all members of my family, including any minors accompanying me.
have read and fully understand the provisions and the legal
consequences of this Release and Assumption of Risk and I hereby agree
to all its conditions, especially noting and agreeing to the portion of
this provision that releases the Company and its agents, employees,
officers, directors, associates, affiliated companies, and
subcontractors, to the extent permitted by law, from liability for the
negligent or reckless acts or omissions of the Company’s affiliated
companies, airliners and subcontractors.”
accept full responsibility for notifying and bringing all of the above
contents to the attention of all other persons on whose behalf the
booking has been made, and I accordingly indemnify the Company against
any claims made by any or all other Travellers.”