Terms and Conditions
Terms and Conditions
DIYA TRAVEL
Website: http://www.diyatravel.com. Official Email:
info@diyatravel.com
TERMS AND CONDITIONS
1. Reservations/Bookings/Deposit
1.1.
In order for a client to secure provisional reservations for services
required, the client shall confirm in writing (preferable via e-mail)
and send this to DIYA Travel. The client shall pay DIYA Travel a
non-refundable deposit of 30% of the quoted travel costs. In the event
of the deposit not being paid, the provisional booking shall lapse.
1.2.
The balance owing on the invoice must be paid 60 days prior to the
departure date. Should the client wish to amend the booking, DIYA
Travel at its sole discretion and without obligation, may elect to do
so and charge an amendment fee of 5% of the booking cost payable to
DIYA Travel.
2. Cancellation
2.1.
Cancellations for any reason must be notified in writing (preferable
via e-mail) and in such instances cancellation fees and/or charges will
be levied as follows:
• More than 60 days before departure date – 70% of the total travel & booking costs
• 60 – 30 days before departure date – 50% of the total travel & booking costs
• 30 days or less before departure date – 100% of the total travel costs & booking will be forfeited by the client.
2.2. All cancellations will result in a loss of deposit.
2.3. No refunds shall be made to clients booking within the 30 days prior to departure.
2.4. Departure dates are determined by the commencing date of the travel plan made with and/or through DIYA Travel.
2.5. No refunds shall be made to clients arriving early, late or for “no shows”.
2.6.
In the case of a client terminating a booking during the course for
whatsoever reason, no refund shall be made unless with prior written
consent of a member of DIYA Travel.
2.7. DIYA Travel
reserves the right to cancel all services booked by DIYA Travel should
full payment not be received 30 days prior to arrival.
2.8.
For short lead time bookings, DIYA Travel would allow for 3 days from
time of confirmation until payment reaches us before DIYA Travel would
cancel any services booked.
3. Method of Payment
3.1. Payments are processed by means of credit cards and EFT payments made directly into DIYA Travel’s account, shown below:
Account Name: Diya Travel Consultants
Account No: 62174771595
Branch No: 201511
Type of Account: Current account
3.2. All payment must be made in full and free of any bank charges.
3.3.
Should payment be made by way of credit card the client and / or owner
of the credit card hereby indemnifies Diya travel against unauthorized
use, by any person, of such credit card. Immediately upon the use of
the credit card and the payment of the funds pursuant to such use, Diya
travel shall not be obliged to refund to the client and/or the owner of
the credit card any funds so transferred other than in accordance with
the provisions of this agreement.
4. Travel Insurance
4.1.
It is the client’s responsibility to arrange and effect adequate
insurance cover ensuring comprehensive travel and medical insurance
covering himself/herself, dependants and/or travelling companions for
the duration of the booking been reserved/booked.
4.2. All
clients are strongly advised to take out comprehensive travel insurance
covering them for personal effects, personal accident, medical and
emergency travel expenses, cancellation and curtailment.
4.3.
DIYA Travel, its representatives, employees or members, shall under no
circumstances be responsible for any costs and/or losses incurred
and/or suffered by a client, their dependant/s or travelling partner/s
with regard to, but not limited to, the above eventualities.
4.4. DIYA Travel reserves the right to refuse any engagement without insurance on request of the travel consultant.
4.5.
Travel insurance is to be at the clients own expense and it is
recommended to be made before any other booking fees are paid so as to
cover these in any eventuality.
4.6. Client’s will be
charged directly by the relevant service providers for any emergency
services that they may require whilst travelling, and may find
themselves in a position of being unable to access such services should
they not be carrying the relevant insurance cover.
5. Visas, Passports and Travel Permits
5.1.
It is important that you thoroughly check your visa requirements before
your intended date of travel, as DIYA Travel cannot be held responsible
should necessary visa requirements not be fulfilled.
5.2. Prices quoted do not include costs of obtaining passports, visas, re-entry permits and other documents.
5.3.
It is the clients’ responsibility to pay any additional costs incurred
either personally or by Diya Travel on their behalf by vitue of any
failure by them to comply with such requirements.
5.4. All
visitors to Southern Africa are required by law to have a minimum of
two (2) consecutive blank pages (this is required PER country you
visit) in their passport to enable the entry visa to be issued. If
there is insufficient space in the passport, entry will be denied and
the person is likely to be detained pending return to their country of
origin.
6.1.
DIYA Travel will endeavour to take all possible measures to ensure
privacy of all clients private details/information and will not be held
responsible for any misuse of such details/information passed on to
third parties in the securing of a reservation/booking.
6.2.
DIYA Travel may use booking details to gather information for
statistical purposes such as browsing habits, general access to the
DIYA Travel’s website and observation patterns, communications with the
user/client and access to restricted website pages on the DIYA Travel’s
website.
7. General
7.1. Health
7.1.1.
It is important that you take precautions against malaria prior to the
commencement of your holiday. We recommend that you contact your
doctor, pharmacist or travel advisory clinic for advice on the Malaria
areas and as to which prophylactic is recommended.
7.1.2.
Although it may not be required at time of entry, Yellow fever
vaccinations are a legal requirement for entry into Tanzania or
Zanzibar. Please note however, that your guests’ country of origin may
also require this certificate upon their re-entry. Please confirm with
a travel clinic prior to travel. This is a precautionary measure and it
is advised that you consult your medical practitioner first.
7.1.3 Should a client have a contagious disease, Diya travel must be informed at the time of the booking.
7.1.4 Guests
requiring specific medication/medical equipment are required to bring
these with them. Diya travel will accept no responsibility for either
storing or administering this medication/equipment.
7.1.5 No
guest will be accepted on the trip or be permitted to continue on the
trip while their status of mental and/or physical condition is, in the
opinion of any representative of Diya travel, such as to render them
incapable of caring for themselves, making themselves objectionable to
other guests or becoming a hazard to themselves or other guests. Diya
travel will not be responsible for any costs incurred or any refund to
such persons should they be precluded from completing their travel
arrangements for any of the above reasons.
7.2. Dietary requirements
7.2.1.
Any special dietary requirements must be advised at time of booking or
well in advance of check-in. We will do our utmost to comply with your
requirements.
7.3. Preferred clothing on safari
7.3.1.
We recommend light cotton shirts and trousers / shorts. The best
colours are khaki, beige and white. Light cotton, long sleeved clothing
is recommended for game drives. Evenings can be cool/cold on game
drives and some form of jersey or windbreaker is recommended even
during the summer months.
7.4. Gratuities
7.4.1. Tipping is at your discretion. Please view our “Travel Tips” section for more information concerning this matter.
7.5. Weight Restrictions
7.5.1. The following weight restrictions apply to commercial and chartered airlines:
a. International weight restriction is 12kg’s (Zimbabwe, Botswana, Namibie); travel from the US is 32kg’s (US pax).
b. Domestic weight restriction is 20kg’s
7.6. Age Limits
7.6.1. Certain destinations will be subject to minimum and maximum age limits.
7.6.2. At the time of the booking the Client is required to advise Diya travel on the ages of the guests travelling.
7.7. Itinerary, Schedule Changes and Liability
7.7.1.
Although every effort is made to adhere to booked schedules and
itineraries, Diya travel reserves the right and may even be obliged to
occasionally cancel a safari or change travel arrangements, as a result
of a change in circumstances. Such circumstances may include, but not
be limited to:
safety reasons, seasonal rainfall, unsafe
airfields, game migrations from one region to another, airline or other
booking problems, unscheduled camp/lodge closure (including but not
limited to closure due to fire, flood, adverse weather damage etc),
strike, war or government or other interference.
7.7.2.
Diya travel cannot be held liable for any change or resultant delay nor
will any such change constitute a reason for a refund either in full or
in part. Any additional expenses will be the responsibility of the
guest.
7.7.3. Diya travel will use its best endeavours to
ensure that all booked accommodation is available. Diya travel will not
be liable for any claim of any nature including refund, either in whole
or in part, arising from any booked accommodation or excursion being
unavailable where a reasonable alternative has been offered by Diya
Travel. No refunds will be made by Diya travel in the event of a guest
being unable, for any reason whatsoever, to use any service offered in
the itinerary.
8. Disclaimer
8.1.
DIYA Travel will endeavour to provide accurate, up to date and honest
information on this site. Update of information will occur in a timely
manner and neither DIYA Travel, nor its employees, and/or partners will
be liable for any incorrect information.
8.2. Products listed
on the DIYA Travel website are placed online for your convenience only.
Usage of the DIYA Travel website is permitted only on your acceptance
of these terms.
8.3. DIYA Travel has a 100% no-spam policy.
The only e-mail messages receivable from DIYA Travel are those
initiated by the user and/or business correspondence with other
individuals in our industry. DIYA Travel does not use e-mail to solicit
business. However DIYA Travel has a referral program in place, whereby
the client/user/browser or any other person may get emails referring
the website to them. DIYA Travel will ensure that SPAM is prevented
through the necessary tools but will not be held responsible for SPAM.
Should the above occur, the user should email DIYA Travel at
info@diyatravel.com
so that corrective measures can be taken.
8.4.
Use of the DIYA Travel forum, blog and voluntary submission of personal
details, e.g. user name, e-mail address, may be collected and
correlated, used by third parties and may result in unsolicited
messages from other posters or third parties. Any such activities are
beyond the control of DIYA Travel.
9. Copyright
9.1. DIYA Travel reserves the right to use of any materials in any way or form without prior consent from the Client.
10. Force MAJEURE
10.1.
“Force Majeure” means, in relation to Diya Travel, any circumstances
beyond the reasonable control of Diya travel including, but without
limitation:
10.1.1. acts of God, explosion, flood, tempest,
fire or accident, war or threat of war, terrorist attacks, sabotage,
insurrection, civil disturbance or unrest, or requisition, sickness,
quarantine, government intervention or hindrance of any kind, weather
conditions or other untoward occurrences;
10.1.2. for the
purposes of these terms and condition, a Force Majeure event will also
include a situation where government concessions for events previously
made available to Diya travel are no longer available to the Diya
travel.
10.2. If Diya travel is affected by Force Majeure, it
shall notify the Client as soon as reasonably possible of the nature
and extent of the Force Majeure.
10.3. Diya travel shall not
be deemed to be in breach of these terms and conditions or otherwise be
liable to the Client, because of delay in performance, or by
non-performance of any of its obligations hereunder to the extent that
any such delay or non-performance is due to any Force Majeure.
10.4.
If Diya travel is affected by Force Majeure it shall be entitled to,
and may in its sole and absolute discretion, vary or cancel any
itinerary or arrangement in relation to a confirmed booking. Payment of
any refund by Diya travel to the Client as a result of the
non-performance of any of Diya travels’ obligations hereunder shall
remain in its sole and absolute discretion although Diya travel shall
use its reasonable endeavours to reimburse the Client where possible.
In all cases, Diya travel shall be entitled to deduct from any refund
recoverable, the reasonable actual and potential costs to Diya travel,
of the Force Majeure.
10.5. Where a Force Majeure event has
occurred, it shall remain in Diya travels’ sole and absolute discretion
whether or not to proceed with the trip. If, after having made all
reasonable and proper enquiries, Diya travel is of the opinion that the
trip may proceed, and the Clients choose to cancel their trip, no
refund will be payable to them and the provisions of clause 2 will
apply.
11. Jurisdiction
11.1.
The client consents to the jurisdiction of any competent Court in the
Republic of South Africa and furthermore agrees that the terms and
conditions as contained herein shall be subject to and interpreted in
accordance with the prevailing laws of the Republic of South Africa.
12. Domicilium
12.1.
Diya travel acknowledges as his domicilium address, the address on the
Website of Diya travel for the receipt of any notices or documents in
terms of this agreement, including any documents that may be issued by
a court of law.
12.2. The client acknowledges as his
domicilium address, the address on the Booking for the receipt of any
notices or documents in terms of this agreement, including any
documents that may be issued by a court of law.
12.3. Either
party may change the address given above on written notice to the
other, provided that the address is a physical place of business or
residence, and not merely a postal address.
12.4. Every notice shall be deemed, unless the contrary is proved, to have been received:
12.4.1. If delivered by hand, on the date of delivery;
12.4.2. If sent by prepaid registered post, 7 (seven) days after the date on which the notice is posted;
12.4.3. If sent by Telefax, on the first business day after the date of successful transmission of the Telefax.
13. Liability
13.1. Neither
Diya travel nor any person acting for or on behalf of Diya travel will
be liable for any loss, damage or injury whatsoever and howsoever
arising including without limitation, all direct and indirect,
consequential and special losses or damages, sustained by the Client.
Without limiting the generality of the foregoing, you hereby indemnify
and hold Diya travel, its employees and agents, harmless against any
and all claims made by any guest arising from loss, injury, death,
illness, delays, theft, fines, taxes or other fiscal charges or
penalties or any other claims whatsoever and howsoever arising except
that the foregoing provision shall not be applicable in the event of
gross negligence or wilful misconduct by the indemnified party. This
indemnity is given in the knowledge that the travel may take guests
into close contact with wild animals and although attacks by wild
animals are rare, no guarantee is given that this will not occur.
13.2. The
Company shall further not be liable for any loss or damage arising from
any errors or omissions contained in its brochure or other travel
literature.
13.2.1. Diya
travel may in its discretion and without liability or cost to itself,
at any time cancel or terminate any client’s booking, either prior to
or during the travel. In particular and without limiting the generality
of the foregoing, Diya travel will be entitled to terminate any
client’s booking in the event of the client:
13.2.2. having a contagious illness; or
13.2.3. conducting himself in an illegal or improper manner; or
13.2.4. conducting
himself in a manner that renders him incompatible with either the staff
of Diya travel or the fellow clients of Diya travel.
13.3. If
Diya travel terminates any booking for any such reason, the client
whose booking is terminated will not be entitled to any refund of the
tour price
14. Contact Details
14.1. All correspondence addressed to Diya Travel shall be addressed either:
• to its email address
info@diyatravel.com
or;
• to its facsimile transmission at 0027 21 447 0199.
14.2. All correspondence by way of email or facsimile transmission shall be deemed to be valid and binding on the client;
• provided that same has been received by Diya Travel; and
• provided Diya travel have proof that the facsimile transmission or email has been send.
