Standard Terms and Conditions of Contract for Dashiki Travel (Pty) Ltd.
Application
All services rendered by or on behalf of Dashiki Travel (Pty) Ltd to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below.
The following Terms and Conditions should be read and understood prior to confirming your travel. Do not confirm any booking unless you understand and agree with the following terms and conditions.
Information in terms of section 43 of the Electronic Communication and Transaction Act, Act 25 of 2002
https://www.gov.za/documents/electronic-communications-and-transactions-act
Site owner: Dashiki Travel (Pty) Ltd
Legal status: Dashiki Travel (Pty) Ltd org is a private company, duly incorporated in South Africa in accordance with the applicable legislation
Dashiki Travel (Pty) Ltd Registration No: 2020/824530/07
Description of main business of Dashiki Travel (Pty) Ltd: the operation of a tourism business
E-mail address: info@dashikitravel.com
Website address: https://www.pilanesbergnationalparks.org
Nature of the services rendered by Dashiki Travel (Pty) Ltd
Dashiki Travel (Pty) Ltd renders the service of hosting an online search and booking portal, with its primary focus on the travel and accommodation industries (‘the Services’) pursuant to which the general public shall
- have access to the portal,
- be entitled to set certain travel, accommodation and/or other service criteria based on information gleaned from the internet,
- request quotations and
- be entitled to confirm bookings and place reservations relating to accommodation and/or other service requirements
For the avoidance of doubt, the services do not include any advisory or consultancy services, unless you choose to speak to a Dashiki Travel (Pty) Ltd Agent.
The Client and Authority
Any person(s) wishing to utilise the services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the client information page, prior to the conclusion of any transaction with Dashiki Travel (Pty) Ltd. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person/Company person in whose name the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).
Please be advised that unless requested otherwise upon making the reservation, Dashiki Travel (Pty) Ltd t is authorised to engage with any client listed in a booking, in as long as that client is able to provide the reference number for the booking. Dashiki Travel (Pty) Ltd accepts no responsibility for any changes made by any of the listed clients in a booking.
Third Party Service Providers
Dashiki Travel (Pty) Ltd provides Clients with the services either itself or acting on behalf of Principals engaged in or associated with the travel and/or accommodation industries, hotels and/or other service providers or suppliers (collectively referred to as ‘the Principal’). Dashiki Travel (Pty) Ltd represents the Principal as agents only and accordingly accepts no liability for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct of Dashiki Travel (Pty) Ltd or any person acting for or controlled by Dashiki Travel (Pty) Ltd which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise.
When you make a booking with us, you acknowledge and agree that we act only as an agent for the third party service provider, which is solely responsible to provide you with the travel or service which you have booked. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. Dashiki Travel (Pty) Ltd shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal.
Please be advised that when booking a travel package with Dashiki Travel (Pty) Ltd either online, or with a Live Agent, it is the Clients responsibility to ensure that they have familiarised themselves with all terms and conditions that are applicable to their booking, which may include hotel and tour operators, etc.
In the instance where a unique travel package has been requested and built specifically for a Client, Dashiki Travel (Pty) Ltd does not warrant or guarantee the service or the refundability of the booking. It is the Client’s responsibility to confirm that he/she has satisfied him/herself as to the terms and conditions of all suppliers related to that specific booking.
Booking Enquiries & Reservations
Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, preferred accommodation and/or other service on Dashiki Travel (Pty) Ltd’s website www.pilanesbergnationalparks.demo6lec.co.za or (ii) initiated such an enquiry with Dashiki Travel (Pty) Ltd by any other means of communication (collectively referred to as ‘the Enquiry’), the Site will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’).
THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Site or accepts the Quote telephonically or via email. To confirm the reservations with the relevant Principals (‘the Booking’), full payment of the total value of the Quote (‘the Payment’) is required within 7 days from date of the quote being accepted or 7 days before checking in. If the date on which the quote is accepted is less than 7 days from the date of arrival, sch payment must be made in full within 24 hours from accepting the Quote.
The Client’s name and surname must be used as reference when payment is effected and proof of such payment must be send to info@dashikitravel.com.
Destination Selection
The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. He/she also acknowledges that the internet booking has been compiled and is managed and updated by the Principal, and that Dashiki Travel (Pty) Ltd has no control over information compiled by the Principal. Accordingly Dashiki Travel (Pty) Ltd CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Principal. Any right of recourse in that regard will be against the Principal.
Payment and Payment Terms
All transactions are processed in local currencies (South African Rand). The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country outside of the country you are booking in and/or in another currency other than local currency. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. Dashiki Travel (Pty) Ltd will therefore not be held liable for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of a Booking.
The Payment can be made by Visa, Master, American Express or Diners Credit Card, or Electronic Funds Transfer, Cash Deposit at a bank, whichever is applicable, and must reflect in the bank account of Dashiki Travel (Pty) Ltd by midnight South African time on the day that the Booking was made. If payment is made by cash deposit at a bank, then the Client will be liable for any cost relating to the cash deposit.
If the payment is not received as stated above, Dashiki Travel (Pty) Ltd or Principal involved reserves the full right to cancel the booking.
In the event that the Payment was made after the aforementioned deadline, and should Dashiki Travel (Pty) Ltd inform the Client by means of a revised quote that the booking remains available at a higher price, the Client may choose to proceed with the booking at such higher price, in which event the client will be liable for any difference between the original quote and such higher price, and the revised payment must reflect in the bank account of Dashiki Travel (Pty) Ltd before the deadline stipulated in the revised quote in order to secure the booking.
Quotes
Quotes are provided at the ruling daily rate. Should the Client be a group booking and the group number deviate from the number required for the Booking, the Principal may reserve the right to re-cost the Quote and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal cancelling the booking and retaining any payment made.
Dashiki Travel (Pty) Ltd’s Indemnity
The proposed travel arrangements are made on the expressed condition that Dashiki Travel (Pty) Ltd, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur (except if such Losses arise directly or indirectly from the gross negligence or wilful misconduct of Dashiki Travel (Pty) Ltd or any person acting for or controlled by Dashiki Travel (Pty) Ltd, in which case such claim shall be lodged in writing with Dashiki Travel (Pty) Ltd within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to the amount paid by the Client to Dashiki Travel (Pty) Ltd. The Client indemnifies and hold harmless Dashiki Travel (Pty) Ltd or any person acting for or controlled by Dashiki Travel (Pty) Ltd accordingly.
Insurance
It is strongly advised that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). Dashiki Travel (Pty) Ltd will not be responsible or liable if the Client fails to take adequate insurance cover.
It shall not be obligatory upon Dashiki Travel (Pty) Ltd to effect insurance for the Client (since this service does not fall within the scope of the Services).
Dashiki Travel (Pty) Ltd shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only.
Please note that various credit card companies offer limited levels of travel insurance, which in Dashiki Travel (Pty) Ltd’s view may not be sufficient cover for international travel. The Client is advised to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determine whether this is sufficient for the Client’s requirements.
Travel Documents
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment. The new regulations require that all parents arriving, transiting and departing from SA are to produce an unabridged birth certificate for their children under the age of 18 years. Families not in possession of these documents will be refused to travel. In the case where only one parent is travelling with the children, consent in the form of an affidavit from the other parent registered is required. Alternatively, either a court order granting full parental responsibilities and rights or a death certificate of the other parent must be produced.
Passports, Visas & Health
It is entirely the Client’s responsibility to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is strongly advised to check the relevant requirements for their destination and any transit countries before travelling.
It is the Clients duty to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.
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 such as yellow fever. It is entirely the Client’s responsibility to check if any parts of their itinerary fall in high-risk areas and the Client is strongly advised to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure.
Cancellation Policy and Refunds
You will be entitled to cancel any booking made with Dashiki Travel (Pty) Ltd at any time prior to the start of your itinerary, on the following terms:
Where notice of cancellation is received from you until 60 (sixty) days or more prior to travel -30% of the full affected itinerary cost will be forfeited by you to Dashiki Travel (Pty) Ltd;
Where notice of cancellation is received from you between 59 (fifty nine) and 30 (thirty) days prior to travel – 40% of the full affected itinerary cost will be forfeited by you to Dashiki Travel (Pty) Ltd;
Where notice of cancellation is received from you between 29 (twenty nine) and 14 (fourteen) days prior to travel – 70% of the full affected itinerary cost will be forfeited by you to Dashiki Travel (Pty) Ltd;
Where notice of cancellation is received from you within 13 (thirteen) days prior to travel – 100% of the full affected itinerary cost will be forfeited by you to Dashiki Travel (Pty) Ltd;
All cancellation requests must be sent in writing to Dashiki Travel (Pty) Ltd.
The Principals may reserve the right to cancel any services prior to departure, in which event the Payment will be refunded by the Principal to the Client without any further obligation on the part of Dashiki Travel (Pty) Ltd. Principals may charge cancellation fees over and above the cancellation fees charged by Dashiki Travel (Pty) Ltd in terms of this Condition.
Dashiki Travel (Pty) Ltd will use its best endeavours to facilitate the processing of any refunds due to you in the event of a cancellation, within 15 business days from receipt of the cancellation notice, however, we do not have control over the entire refund process and remain subject to the Third Party’s processes.
Force Majeure & Conditions
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may also include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics such as SARS, Coronavirus and the like, fire and all similar events outside our control.
Itinerary Variations & Transfers
While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and Dashiki Travel (Pty) Ltd shall not be held liable for any such variations. It is the Client’s responsibility to check each amendment to the itinerary.
Promotional Products
Promotional products and packages offered on promotion and under discounted rates are valid for a limited period. Any deposits or payments made in full for confirmed bookings during this period are non-refundable, non-exchangeable or non-changeable (subject to the Consumer Protection Act), unless otherwise specified at the time of booking.
Access and use
Access to and use of the website is entirely at the user’s risk. Dashiki Travel (Pty) Ltd may discontinue or suspend the website at any time without notice, and it may block, terminate or suspend any user’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Dashiki Travel (Pty) Ltd. Dashiki Travel (Pty) Ltd will be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Special Requests
Clients who have special requests must specify such requests in writing to Dashiki Travel (Pty) Ltd at least 7 days prior to their arrival. Whilst Dashiki Travel (Pty) Ltd will use its best endeavors to accommodate any such requests, it does not guarantee that it will always be able to do so.
Amendments of these Conditions
Dashiki Travel (Pty) Ltd reserves the right to make changes to these terms and conditions without further notice to the Client. In this instance the terms and conditions applicable at the time of making the booking will remain relevant to the respective booking.
Legal Fees
In the event that Dashiki Travel (Pty) Ltd has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Dashiki Travel (Pty) Ltd is successful in the enforcement of such rights, the Client will be liable for all legal fees at an attorney and own client scale.
Intellectual Property
The website www.pilanesbergnationalparks.org is owned by Dashiki Travel (Pty) Ltd and the domain name is registered in the name of Dashiki Travel (Pty) Ltd. All intellectual property rights in and to the aforementioned vests in the owners as indicated. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of Dashiki Travel (Pty) Ltd.
Social Media
You agree that your use of our social media pages which include but are not limited to Facebook pages, Instagram, Twitter, will not be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise contain objectionable comments and/or content. We do not tolerate any form of discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age.
We reserve the right to remove any comment, thread or content without prior warning to you. We also reserve the right to bring legal proceedings against any individual for a breach of these rules or law generally, or take such other action as we reasonably deem appropriate.
Feedback
If you are dissatisfied with us or your travel booking, you must submit your complaint to us within 96 (ninety six) hours of returning from your travel, in order for us to investigate the complaint efficiently and to ensure that we are provided with a fair opportunity to rectify the situation and mitigate any losses or damage. Any and all third party claims must be made directly with the Third Party Service Provider of the travel product supplied.
We value your feedback. If you have a compliment, complaint or wish to share your experience with us, please contact us at: info@dashikitravel.com or info@pilanesbergnationalparks.org .
Changes & Modifications of these Terms and Conditions
Dashiki Travel (Pty) Ltd may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Dashiki Travel (Pty) Ltd will constitute the Client’s agreement to such changes, deletions and modifications, as the case may be. The Client agrees to accept and be bound by the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.
Indemnification
The Client agree to defend and indemnify Travel (Pty) Ltd and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
- the Client or on the Client’s behalf [in excess of the liability described above]; or
- by third parties as a result of
- the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
- the Client’s violation of any law or the rights of a third party; or
- the Client’s use of this Site.
General
Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Dashiki Travel (Pty) Ltd with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Dashiki Travel (Pty) Ltd with respect to this site.
Any rights not expressly granted to Dashiki Travel (Pty) Ltd herein remain reserved.
Privacy Policy
Latest update: 06-07-22
