For purporses of clarity in the terms and conditions “The Operator” or “The Operating company” shall be in reference to “The Travel Architect”, which is a company registered as as Closed Corporation according to the company laws within the Republic of South Africa.. A Client shall refer to any person of legal age who is booking & paying for travel plans with The Operator and had read and well understands fully the terms & conditions the Operating company operates by & provides a signed copy of a booking form to the Operator concerned.
The Contract is legally between the Operating Company, namely The Travel Architect & all clients mentioned and entered into the booking form of The Operaing company. Clients must be be made aware of he Terms & Conditions of governance of operations by the Operator for services that they intend booking/ or have booked with The Travel Architect.
A clearly filled out Booking form must be completed and signed by the clients to acknowledge that they have read and are fully aware of the trade conditions for the services provided by The Travel Architect.
The clients are responsible to read and understand fully the terms & conditions that govern the trade with regards to the travel services provided by The Travel Architect. Travel Agents booking on behalf of clients must make clietns fully aware of the booking terms and conditions as set out by the Operating company.
Payments to the Opeating Company
Prices qutoed are based on current rates of Airfares, hotel Tariffs, rates of exchanges and currency valuations at the time of qutoe only. All Rates and prices quoted are subject to changes due to airfarre, increases, increases in hotel tarriffs and fluctuations in the currencies on world markets at the time of making a booking for the client.
Prices, rates and qutoes are also subject to changes due to availability at the time of making a booking on airlines and in hotels and other suppliers.
Thus up until The Operating company gets full payment from the client, the bookings held are subject to these fluctuations and variations in rates by the suppliers concerned and thus we reserve the right to charge these differences to the clients account.
The price of any tour is only guaranteed unless paid immediately on the day of quote, subject to availblity or if full payment is received while availbility still exists at the quoted rates.
Air Tickets are usually the most variable with airlines constantly flucatuating the rates and taxes applicable as well as cancelling seats booked as a result on a daily basis. Thus greatest variations in costings will arise from air tickets if and where applicable by the airlines used by the operating company.
We at The Travel Architect suggest full payment for bookings as soon as possible to minimise any risk of variance in quotes and rates. Should clients not be able to pay the full amount due on the package then the full airline fares for the issueance of air tickets would be recommended.
A minimum deposit of 20% per passenger is required to secure a booking for clients mentioned on the booking form. This Deposit is Non refundable should the clients choose not to travel.
No client will be allowed to proceed on any tours / or receive any travel documentation from the Operating Company without full payment to the Operator.
Should a client fail to pay the Operating company for an invoice raised for travel service products, the clients is obligted to receive an updated invoice and new quote for the travel services for compensate or justify any currency fluctuations that could have in the course of time changed the costs of the itinerary. The cost of which the cliets are responsible for paying to The Operating company.
Cash Deposits will incur a bank surcharge called a cash deposit fee. This Amount will be payable by the clients paying in. Electronic Funds transfers do not attract such a surcharge. Credit card payments are subject to credit card fees and merchant fees, which are for the account of the client.
Flight prices (Due to availbilty and constantly changing airport taxes and airfares by airlines) are subject to changes and cannot be guaranteed. Its suggested that once an booking is confirmed to ge the air tickets issued immediately. Flight Bookings are valid only for the date on which they are booked and its suggested to get them issued in the same day of booking to prevent airline cancellations by the end of the working day. Full payment for the airline tickets is required by clients to issue air tickets.
Air tickets onces issued and flight bookings are Non Transferrable as per the airline governance rulings and thus separate booking have to be made for anyone wanting to travel.
Airlines reserve the right to withdraw a special airfare, or amend the airfares and its applicable taxes as they deem necessary without prior notice. The Travel Architect holds no responsibility for airlines doing so and assume no liability for a lost of fare quote to a client nor any booking cancelled by the airline. The operating company reserves the right to decline any booking at their discretion. The air ticket is a binding contract of travel between the airline concerned and the purchaser of the air ticket. The Airline will assume no responsibilty for the time that the client is not on board the aircraft. Thus clients must make sure that all transit and connections are done in time and without delay to the airline. Should clinets delay an airline from departing, the airline has the absolute right to offload that passenger without any re-imbursement to the client.
Cancellations of Bookings
Any cancellations of bookings must be made in writing to the operating company. Cancellations will only be actioned if we the Operators receive the request in writing fromt the clients concerned. The cancellation charges applicable will be determined by date that such a communication is received by The Operating Company. Air tickets carry separate penalties as imposed by the carrying airline and the Operating Company is obliged to follow the procedure by the airlines for any refunds on airtickets.
Cancellation Charges for Tour Travel Services by the The Travel Architect
1. Up to 3 months prior to departing on a tour will incur a 50 % Penalty of the booking value of the Tour
2. Up to 1 month prior to departing on a tour will incur a 75% Penalty of the booking value of the Tour
3. Up to within 2 weeks prior to the departure of a tour -100% Penalty of the booking Value of the Tour
The Travel Architech will give No refunds will be given for any unused services, irrespective of whether they form part of an inclusive tour price, or booked as optional add on services and arrangements.
Charges on Alterations
“Force Majeure” refers to any circumstances which are beyond the control of the Operating Company Including but limited to; Acts of God; Explosions; Floods; Fire’s; War or Threat of war; Sabotage; Civil Disturbance; Quarantine; Government Intervention; Wheather conditions and unusaly wheather phenomema of unexpected occurrence, Terorism, industrial or nuclear disasters, Diseases outbreaks; The Operating Company shall not be in breach of these terms and conditions or otherwise liable to the client, by reasons of Delay in performance of any of its obligations hereunder to the extent that any such delay or non performace may be due to any Force Majeure.
Should the company at anytime be affect by Force Majeure, it is as the Operating company entitled to and may in its sole and absolute discretion vary or cancel any itinerary of arrangement in relation to any tours or travel services.
No refunds will be actioned for such circumstances which arise beyond the control of the operating company, which may be necessary to amend or change totally the travel arrangements to ensure the safety of its travellers and ensure the further enjoyment of the tours by its clients.
Travel Insurance is mandatory for every client. However all insurance charges and choices of cover is solely the responsibilty of the clients. Travel insurance is crucial when travelling on tours, to cover unexpected medical fees, doctors fees, any emergency hospilisation of the clients, personal injury; damange to a 3rd party property which may result in cleints being sued by a 3rd party emergency evacuations and cancellations, Death and repatraiation fees. All of the above costs can be hughely expensive in foreign countries and thus its crucial for cleints to take travel insurance cover. The costs of which are the sole responsibilty of clients and thus the operating company will not be responsible or liable nor refund any tour money’s paid to the operating holdings.
The Carriage of baggage and personal effect is solely the responsibilty fo the cleints travelling and the Operting company will accept no liability or responsibilty for the loss, damage or theft thereof. Clients can arrange travel insurance as well as baggage cover with the Operating company.
The Client understands and hereby acknowledges that he/she are fully aware and confirms legally for the record that he or she understand the risks of travelling on tours in foreign countries. We as the the Operating Company accept the client onto our scheduled tours with the full consent and knowledge of the client that he or she wishes to part take in such tour or travel activity at his or her own risk. The cleints also concede that the Operating Company, it’s representatives and employees shall not be responsible for the loss or damage to any of his or her possessions or any injury or illness to him or her or loss of life or consequential damages which might occur from any cause whatsoever, and thus clients should advise their heir, and estate administrators accordingly that the Operating company shall be indemnified should such any situation arise.
Clients are to be aware of the health requirements and precautionary measures of the destination they are visiting or intending to visit. All cleints must be medically fit to travel and must be in good physical & mental health to go on tour. Any clients with pre-existing medical conditions and illnesses must make the Operating company aware of this before the commencement of the tour. The True nature of the medical condition or illness must be specified in detail to the Operating company as some tours may be strenous and adversely affect the health of certain indivisuals. Failure to declare such medical conditons / illnesses to the Operating company may result in the cancellaiton of his.or her booking. The company will not accept any responsibilty for the health problems that may be aggrevated by touring. No refunds will be made to clients. Medical clearance certificates may be requested and required of patients on a case basis.
Claims and Complaints by Clients
If in the unlikely event that clients have any complaints against the Operating company; the company must be informed immediately in order to afford the chance to investigate the claims and situation and provide a suitable solution/ redress. If the clients have any other complaints then these must be put in writing within 1 month of the tour date ending. Non written complaints will not be addresses by the Operating company.
The Operating company’s Responsibility and rights
Any information shared by the Operating company in the form of brochures, promotion pamphlets, and so forth are given in good faith by the Operating company and serves as a basic guideline only. The information, itineraries, and facilities used within itineraries are subject to changes without prior notice from the Operating company. The Operating company reserves the right to amend/ change the facilites and transportaions used in any publication without being held liable for any compensation or refund.
The Operating company reserves the right to cancel or modify any travel services / tours, facilities, services or prices-which can include flights, transport, accommodation and other arragements to substitute with other arragemetns of similar value without compenasaiton and accepts no liability for any inconvenience, loss of time or enjoyment due to any of these changes, or any reason it deems necessary to do so incl. Force Majeure.
Special note on certain tour itineraries.
The Travel Architect operates tours and travel services In India, the Far East & Mauritius primarily and in certain regions and areas where the standard of accommodation, transportation. Safety, security, hygiene, medical facilites and other crucial infrastructure may be much lower than the standard of the above facilities that the client is used to or would normally expect. These include tours into remote, tribal regions which can at times be unstable have extreme cliamte conditions, or dangerous wildlife. As a result cleints can risk injury psychological trauma, disease, loss or damage to property, inconvenience or discomfort. All bookings are accepted on the full understanding that the clients have read our terms and conditions and are fully aware of the risks involved and potential hazards associated with any such journeys, which they undertake of their own accord and will. The Operating company will not be held laible for any damage, loss, injury, loss of life, or any other consequences which may arise from any such trip.
The Company Authority
The decisions made by the tour guide, acting as a representative for the Operating company is final. The Operating company shall not be liable or held responsible for any client who has any run in’s with the law or commits any unlawful or illeagle act in any country visited, nor will the Operator assume any responsibility or liability for any sort of consequences resulting from any such act. The Operating company distances itself from any activities the clients may embark on which may be considered illeagle or unlawful, this can include damage to hotel property and injury to a 3rd party. . Clients are full responsible for their own actions, and will be liable fully for any costs and damages, monetary claims filed against them. Should such a situation arise, the client can immediately be excluded from the tour without any refund. These decisions will be taken at the sole discretion of the Operating company or its representatives.
The Clients Responsibility
It’s the clients sole responsibility to ensure the below are in order for travel before embarking on a tour
1) Passports are Valid for travel according to the legal requirement for travel
2) Visa’s & Travel permits applicable to the relevant destinations are in order and applied for by the clients concerned
3) Foreign Passport holders must strictly adhere to the rules and regulations applicable by respective embassy’s
4) Relevant health innoculations/ vaccinations are taken in advance before embarking on the tours.
5) Relevant medical clearance is obtained for travelling –if applicable
6) Clients are well versed of their rights and their liability whilst on tour as per the terms and conditions stipulated by The Travel Architect
7) Clients are well aware of the security restrictions applicable on travellers including LAGS in Hand Luggage.
8) Clients are aware of the baggage limits and restrictions applicable to travelling by air, usually 20KG in economy class-depending on the airline ruling
9) All documention received is in order as per the itinerary booked and all details including names are correctly spelt as per the booking form sbmitted.
10) Passengers must travel as ticketed or planned on the itinerary and are responsible for their onward flight reconfirmations
11) Reconfiramtions of flights must happen about 72 hours prior to departing, failing to do so the airline may or can cancel the flight reservation
12) Tour prices exlude Visa and courier fees, laundry bills, telephone charges,travel insurance fees, beverages, tips and gratuities to tour leaders/local guides entrance fees items of personal nature, excess bagage, options tours and excursions, and services not mentioned in the itinerary, all of these charges are for the clients personal costs and payments.
13) Hotels check in and check out times vary from place to place and clients are liable for additional charges for utilizing the rooms past the required check out time, for their own account.
14) Documentation from The Travel Architech serves as official confirmation and payment for your tour and travel services. Any digital editing or adulterating of these documents is considered illeagle and clients will be held leagally liable for the consequence of this, and any costs associated with this will be for the account of the clients.
The above terms and conditions are the governing regulations of our operations at The Travel Architect