TERMS AND CONDITIONS OF DISFRUTA SPORTS TOURS AND DISFRUTA HOLIDAYS
1.1. In this Terms and Conditions, unless inconsistent with or otherwise indicated by the context –
1.1.1. “the Booking Form” means the booking form completed by the Client in terms of whereof the Client has selected his/her Tour Package,
1.1.2. “the Client” means the person who applies (directly or indirectly) to Disfruta for the Services;
1.1.3. “Deposit” means the 50% deposit payable by the Client to Disfruta in respect of the Tour Package or Holiday Package after completion and submission of the Booking Form by the Client.
1.1.4. “Disfruta” means Disfruta Tours Proprietary Limited, with registration number 2014/161281/07, a private company duly incorporated in accordance with the laws of the Republic of South Africa incorporating Disfruta Sports Tours and Disfruta Holidays;
1.1.5. “Disfruta Sports Tours” (DST) means the Tour Package(s) offered and by Disfruta;
1.1.6. “Disfruta Holidays” (DH) means the Holiday Packages(s) offered by Disfruta;
1.1.7. “Final Payment Date” means the date for final payment of the 50% balance of the Package Price payable by the Client to Disfruta as specified in the Package Specifications;
1.1.8. “the Guide” means the tour guide appointed by Disfruta for the duration of the selected Tour or Holiday if applicable;
1.1.9. “The Holiday” means the Holiday selected by the client as part of the Holiday Package;
1.1.10. “The Holiday Package” means one of the selected packages which DH offers;
1.1.11. “the Itinerary” means the itinerary developed by Disfruta in respect of the Tour Package or the Holiday Package, which can be found on the Website, as may be amended from time to time, in accordance with paragraph 9 below;
1.1.12. “The Local Tour Operator” means the travel agency at the Tour or Holiday destination which Disfruta collaborates with or acts as an agent for in terms of paragraph 2.2.2 and 2.2.3 below;
1.1.13. “The Package(s)/Package(s)” means the Tour Package and/or the Holiday Package booked by the Client in accordance with the Booking Form submitted to Disfruta;
1.1.14. “The Package Price” means the price of the Tour Package or the Holiday Package
1.1.15. “The Package Specifications” means the specifications (as set out on the Website) of the Tour Package in respect of the Tour or the Holiday Package in respect of the Holiday, which shall include but not be limited to (a) the duration of the Tour or Holiday (b) the accommodation details (c) the amount and payment of the Package Price and (d) that which is included and excluded from the Tour or Holiday;
1.1.16. “the Parties” means Disfruta and the Client and “Party” shall be a reference to either one of them as the context requires;
1.1.17. “the Services” means the services to be arranged by Disfruta to the Client in respect of the Package, as set out in more detail in the Package Specifications and paragraph 8.1;
1.1.18. “the Sporting Event” means the sporting event/s which the Client has elected to participate in as part of the Tour Package;
1.1.19. “the Terms and Conditions” means these terms and conditions as set out herein, including the appendices attached hereto;
1.1.20. “the Tour” means the tour selected by the Client as part of the Tour Package;
1.1.21. “the Tour Package” means one of the selected packages including a Sporting Event which DST offers, alternatively, a custom sporting activity(ies) arranged by DST;
1.1.22. “the Tour Group” means the group of persons on the Tour, limited to the capacity as determined by Disfruta in its sole discretion;
1.1.23. “the Website” means the website of Disfruta which can be located at www.disfruta.co.za or www.disfrutaholidays.co.za;
1.2. These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
1.3. The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract shall not apply.
2.1. Disfruta is a specialist sports and leisure travel agency which provides Tour Packages and Holiday Packages to South African travel and sports enthusiasts to suit their specific needs.
2.2. The Packages have been developed and organised by Disfruta, either:
2.2.1. In toto where they would be responsible for the planning, logistics and operations of the Package to the exclusion of a Local Tour Operator (LTO);
2.2.2. In joint collaboration with a LTO whereby Disfruta would act as the middle man between the Client and the LTO; and
2.2.3. As an agent to a LTO and the Client simply utilises Disfruta to book the package which the LTO offers.
who shall provide the Services to the Client on the terms and conditions as set out in these Terms and Conditions
2.3. It is hereby recorded that, due to the inherent risks involved whilst travelling abroad including but not limited to the Client’s participation in the Sporting Event, the Client is responsible to ensure that he/she has read and understood the Terms and Conditions and that it accepts the risks referred to in this in Agreement.
- BOOKING TERMS AND PAYMENT
3.1. In order to secure the booking of a Tour or a Holiday, the Client is required to make payment of the Deposit online. Once the Client has selected the Tour or Holiday it wishes wish to book, selected the dates and other personal details, the website will automatically direct it to the payment page.
3.2. The balance of the Package shall be payable on the Final Payment Date.
3.3. In the event that the Client wishes to book a Tour or Holiday where Package Prices are not quoted, they will complete an online enquiry with their desired specifications whereafter Disfruta will provide a custom quote.
3.4. Should the Client accept the quote in 3.3 above, he/she shall also be required to effect the Deposit to secure the booking and the balance in terms of paragraph 3.2 but the payments shall be made in terms of 3.6.2 below.
3.5. Should the Client fail to make payment in accordance within paragraphs 3.1 or 3.2 or 3.4 above, the Client shall be deemed to have forfeited his/her booking in respect of the Package and shall not have any right to demand the delivery of the Services by Disfruta.
3.6. The Client shall make payment of the amounts payable to Disfruta in terms of paragraphs 3.1 or 3.2 or 3.4 3.2 either by –
3.6.1. way of electronic funds transfer or direct deposit into the Disfruta’s bank account without deduction or set-off. Bank account details are supplied with each invoice.
3.7. Upon receipt of the Deposit, the Client shall receive the following emails:
3.7.1. an email from Payfast confirming payment of the deposit;
3.7.2. an automated email from the Disfruta website acknowledging your online booking;
3.7.3. an automated email from Disfruta agent acknowledging your online booking including directions to complete the booking;
3.7.4. an email from Disfruta accounting system enclosing the invoice which includes the Package Price and Package Specifications;
3.7.5. an email from Disfruta approximately 14 days before departure detailing the updated itinerary.
- THIRD PARTY SERVICE PROVIDERS
4.1 In certain instances, Disfruta shall act as an agent (only) for:
4.1.1. another tour operator such as in the case of either 2.2.2 or 2.2.3 above.
4.1.2. an airline in respect of Packages which includes air fare; and /or
4.1.3. a hotel / accommodation
(hereinafter referred to as ‘the Principal(s)”) in which event the booking shall also be subject to such other terms and conditions of the Principal which responsibility it is of the Client to familiarize themselves with.
4.2 In the event and to the extent that these Terms and Conditions differ to such Principal’s terms and conditions, the latter shall take preference.
4.3 Disfruta shall not under any circumstances be held liable for any loss, damage (property or other damage), personal injury or death (or expenses resulting therefrom) which a Client may suffer as a result of any act, error, omission, representation, warranty, breach or negligence on the part of a Principal to fulfill its obligations whether in relation to travel arrangements, accommodation or otherwise or in connection with the Client’s booking with Disfruta.
- CHANGES IN THE PACKAGE PRICES
5.1. The Client hereby acknowledges and agrees that the costs associated with travel arrangements are not always stable due to fluctuations of the exchange rates, and that it is impossible to predict the fluctuations in advance.
5.2. Disfruta hereby reserves the right to hold the Client liable for any surcharges in respect of the Client’s Package Price, which surcharges may include but shall not be limited to the following: –
5.2.1. increases in transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and/or
5.2.2. exchange rates applied to the Package and the Package Price; and/or
5.2.3. tourist tax charged at certain accommodation which is equal to a minimum of approximately 1 Euro per day
5.3. The Client hereby acknowledges that there may also be changes to the Package Price due to changes initiated by the Principal and such possible changes will be subject to the Principals terms and conditions as elaborated in paragraph 4 above and Disfruta accordingly reserves the right to hold the Client liable for such changes if it affects the Package Price.
- CANCELLATION OF BOOKING
6.1 Subject to 4.2 read with 6.2 below, if the Client cancels the booking –
6.1.1 more than 60 (sixty) days prior to the Final Payment Date, Disfruta shall refund the Deposit paid in terms of paragraph 3.1 above, subject to any fee which Disfruta becomes liable to pay to any third party as a result of the Client’s cancellation; or
6.1.2 60 (sixty) days or less prior to the Final Payment Date, Disfruta shall be entitled to retain the Deposit as a cancellation fee.
6.2 The refunds referred to in 6.1.1 and 6.1.2 below is subject to the deduction of all and any third party disbursements of a Principal(s) which Disfruta incurred where Principal(s), in terms of their terms and conditions do not offer a refund.
6.3 It is hereby recorded that, in the event of the death or hospitalisation of the Client, Disfruta shall not impose the cancellation fee in terms of paragraph 6.1.1, however Disfruta shall be entitled to retain any amount required to cover its loss in respect of any booking made and/or cancellation fees payable by Disfruta on behalf of the Client, subject to receipt of one of the following –
6.3.1 in the event of death of the Client, a certified copy of the death certificate of the Client; or
6.3.2 in the event of hospitalisation of the Client, an original medical certificate issued by the Client’s medical practitioner stating the date on which the Client was hospitalised and the date on which the Client was discharged, as the case may be.
6.4 In the unlikely event of a Principal cancelling your reservation after the booking has been made, we will advise you as soon as possible and the cancellation policy in respect of such Principal will apply in accordance with paragraph 4 above.
- CLIENT’S RIGHTS AND OBLIGATIONS
Health, Age, Fitness and Participation in the Tour and/or Holiday
7.1 It is the Client’s responsibility to ensure that all precautions are taken and medical advice has been sought prior to departure. It is essential that you mention your destination to which you will be travelling to your medical practitioner so as to ensure that, amongst other things, you are physically able to travel and/or participate in a Sporting Event, and/or activity in the Itinerary what vaccinations (if any) are required etc.
7.2 The Client hereby undertakes that he/she has:
7.2.1 made himself/herself aware of and accepts the potential hazards related to travel, including injury, disease, loss or damage to property, inconvenience and discomfort; and
7.2.2 satisfied himself/herself prior to completing the Booking Form that they are fit and able to travel and /or complete the Sporting Event and/or activity in the Itinerary in relation to the Tour or Holiday
7.3 Subject to the Package Specifications, the Client may be required to submit to Disfruta an original medical certificate from a medical practitioner confirming that the Client is fit and able to complete the Sporting Event.
7.4 The Client is strongly advised to take out adequate insurance cover such as cancellation due to illness, accident or injury, personal injury and personal liability, loss of or damage to baggage and sports equipment (if applicable).
7.5 The Client –
7.5.1 must ensure that he/she has travel insurance, which must include adequate cover for medical expenses required in respect of the Tour or Holiday and/or as a result of any injury sustained during or as a result of the Client’s participation in the Sporting Event or the Tour, and the cost of repatriation should they become too ill to continue, including helicopter rescue and air ambulance;
7.5.2 is required to carry proof of insurance with them and produce it if reasonably requested by Disfruta, its employees and/or suppliers.
7.6 Any claims concerning matters for which the Client is insured must be directed to such Client’s insurance broker.
7.7 It is hereby recorded that Disfruta shall not be liable for any medical expenses incurred and/or any other loss suffered by the Client as a result of the Client’s failure to procure adequate insurance.
Cooperation by the Client
7.8 The Client hereby undertakes to abide by the authority of the Guide.
7.9 Should the Client commit any illegal act whilst on Tour or Holiday or, if in the reasonable opinion of the Guide, behaves in a manner that causes or is likely to cause danger, distress or annoyance to any of the other clients on the Tour or Holiday, Disfruta may terminate such Client’s contract with Disfruta in that the parties will no longer have any obligation to each other save for that which has already been booked i.e. return flight and accommodation such termination attracting no liability to Disfruta
Travel documents and Health
7.10 It is the responsibility of the Client to ensure that –
7.10.1 he/she has a valid passport and visa required for the Tour or Holiday; and
7.10.2 any vaccinations, inoculations, prophylactics and the like, where required, have been obtained.
Flight and accommodation Reconfirmation
7.11 The Client shall be responsible to ensure that he/she reconfirms the departure date and times of all of his/her flights at least 72 (seventy-two) hours prior to departure.
7.12 Disfruta hereby specifically excludes any liability for any delay and/or loss as a result of the Client’s failure to reconfirm any flight and/or connecting flight.
7.13 The Client hereby acknowledges that the passenger ticket and accommodation voucher issued to him / her is subject to its own terms and conditions as per 4.1.2 and 4.1.3, it is the responsibility of the Client to familiarise himself/herself with such terms and conditions and Disfruta shall not be liable in terms of paragraph 4.3 above
7.14 The Client shall also be responsible to review all vouchers sent to you in respect of hotels, transport, airline tickets etc to ensure that there are no errors or omissions.
7.15 Any complaints by the Client during the Tour or Holiday must be made to the Guide, who shall be required to take appropriate action to address the Client’s complaint.
7.16 Upon the Client’s return from the Tour or Holiday, should the Client feel his/her complaint was not properly dealt with, Disfruta shall consider the complaint and the action taken by the Guide in response thereto, subject to the Client’s notifying Disfruta of his/her complaint in writing within 35 (thirty five) days from the date of return of the Tour, in order for Disfruta to take such steps as it deems appropriate in its sole discretion.
- DISFRUTA’S OBLIGATIONS
8.1 Save for when Disfruta’s acts in the capacity referred to in paragraph of 2.2.2 and/or 2.2.3 above and subject to the Package Specifications, Disfruta shall provide the Services to the Client, which may include, where applicable, insofar as contained in the Tour Package Specifications, but shall not be limited to, the following –
8.1.1 book and arrange payment of flights;
8.1.2 book accommodation and make payment in respect of such accommodation;
8.1.3 arrange the event entry in respect of the Sporting Event;
8.1.4 appoint the Guide to accompany the Tour Group for the duration of the Tour; and
8.1.5 arrange tourist passes/tickets for site-seeing and/or other events as set out in the Itinerary.
8.2 For the avoidance of doubt, Disfruta shall not be required to perform any of the following functions –
8.2.1 arrange and/or provide the Client’s passport, visa and/or other travel documentation which he/she may require in respect of the Tour;
8.2.2 arrange vaccinations, inoculations and/or prophylactics, as may be required; and
8.2.3 arrange travel and/or medical insurance in respect of the Tour to cover the Client for any risks involved in connection with the Tour and/or the Sporting Event.
- TOUR AND HOLIDAY PACKAGE AND ITINERARY
9.1 Save for when Disfruta acts in the capacity referred to in paragraphs 2.2.2 and/or 2.2.3, Disfruta‘s Tour and Holiday Packages, to the extent applicable, allows alternatives and a substantial degree of flexibility. The Itinerary must therefore be taken as a guideline of what each group should accomplish, and not as a contractual obligation on the part of Disfruta. Driving distances and travel times given are approximate, and will depend on circumstances such as road conditions, departure time, specific transport utilised and other circumstances.
9.2 In the case of any conflict, discrepancy, inconsistency or ambiguity between the provisions of the Itinerary and the information contained in the Website in respect of the Tour Package, the Itinerary shall prevail.
9.3 Any information or advice provided by Disfruta on matters including but not limited to accommodation descriptions, permits, visas, vaccinations, climate, clothing, baggage, special equipment, is given in good faith and Disfruta shall not be held liable for any discrepancy in respect of such information or advice.
9.4 Changes in the Itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances and the Client hereby accepts this flexibility and acknowledges that delays and alterations may be caused which is not as a result of the conduct of Disfruta.
9.5 In the event that changes to the Itinerary are required as a result of flight delays, bad weather, strikes, or any other cause which is beyond the control of Disfruta, the Client agrees that all expenses relating to these changes to the Itinerary will be for the account of the Client.
9.6 Should a Client be entitled to a refund for any reason whatsoever, no interest or costs will be due on any monies paid in relation to such a refund. No such refund shall exceed the price paid to Disfruta for Services not rendered to the Client.
9.7 The Client hereby acknowledges and accepts that should the Client choose not to participate in any part of the Itinerary, no refund will be offered for Services not utilised.
- FLIGHT AND OTHER TRAVEL TIMINGS
10.1 The Client hereby acknowledges that flight timings are provided by the airlines and are subject to Air Traffic Control restrictions, and that all means of transportation are subject to weather conditions, the need for constant maintenance and the ability of passengers to check-in on time.
10.2 It is hereby recorded that there is no guarantee that, amongst other things, flights will depart at the time stated on any Itinerary or tickets which the Client may receive and Disfruta does not accept any liability for:
10.2.1 any delay or for any changes to the Itinerary as a result of any delay in terms of this paragraph 10; and
10.2.2 in terms of paragraph 4.1.2
- LIMITATION OF LIABILITY AND INDEMNITY
11.1 The Client agrees and acknowledges that he/she is fully aware of the inherent hazards and risks associated with the travelling whether on a Tour Package or a Holiday Package. The Client further acknowledges that Disfruta does not warrant that travel is suitable, advisable or without risk. These hazards and risks include but are not limited to –
11.1.1 risk of injury from the Sporting Event and equipment utilized, including the death or potential for permanent disability;
11.1.2 possible equipment failure and/or malfunction;
11.1.3 risks associated with exposure to the elements, excessive heat, hypothermia, and/or encountering objects either natural or man-made;
11.1.4 his/her own negligence and/or the negligence of others, including but not limited to decision making including misjudging terrain, weather, trails and/or route location;
11.1.5 attack by or encounter with poisonous and non-poisonous plants, insects, reptiles, and/or animals;
11.1.6 accidents or illness occurring in remote places where there are no immediate medical facilities; and/or
11.1.7 fatigue, chill, and/or dizziness, which may diminish his/her reaction time and increase the risk of accident.
11.2 The Client agrees to release and hold Disfruta, its officers, directors, employees, representatives, agents and volunteers, harmless with respect to any and all injury, disability, death, claims, loss or damage to person or property howsoever caused in respect of the activities set out in paragraph 11.1.
11.3 The Client acknowledge and agrees that whilst every care has been taken by Disfruta to ensure the safety of its Clients and their possessions for the duration of the Tour or Holiday, Disfruta does not accept any liability in the event that any loss or damage to persons or property is suffered and the Client agrees to release and hold Disfruta, its officers, directors, employees, representatives, agents and volunteers, harmless with respect to any such loss or damage and agrees to indemnify Disfruta against any claims, demand, cause of action, liability, loss, legal costs and/or expense made by any of third party in respect of such Client.
11.4 The Client further agrees that should Disfruta suffer any loss or damage as a result of an act or omission by him/her, then the Client agrees to indemnify Disfruta and will reimburse Disfruta for any damages suffered in accordance with these Terms and Conditions.
11.5 Notwithstanding the aforementioned, nothing contained in these Terms and Conditions shall be of any force or effect so as to exclude or in any way limit the Client’s or Disfruta’s liability for fraud, or for the death or personal injury caused by either Party’s gross negligence or any other liability that may not be excluded or limited in terms of any applicable legislation.
11.6 Save for instances of any injury to or death of the Client, the Parties hereby agree that, where Disfruta is found to be liable for any damages in respect of its failure to carry out is obligations set out in these Terms and Conditions, the maximum amount of such damages, compensation and loss of enjoyment shall be limited to an amount equal to the Package Price.
11.7 The Client hereby agrees that any independent arrangements made by the Client, which are not part of the Itinerary, are entirely at his/her own risk, and that Disfruta shall not be held liable for the death, personal injury, loss of or damage to the Client’s luggage or any other property of the Client related (directly or indirectly) to such arrangements.
12.1 Disfruta makes no representations or warranties either expressly or by implication regarding the operation of the Website or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or made available to you through the Website.
12.2 Disfruta therefore disclaims all liability for any errors in relation to the information on the Website including any representations or warranty, that the Website will be free of viruses, services will be uninterrupted and communications will not be intercepted.
12.3 The Client hereby agrees that the use of the Website is at its own risk.
- NOTICES AND DOMICILIA
14.1 Each of the Parties choose as its domicilium citandi et executandi the respective address set out in this paragraph for the purposes of the giving of any notice, the serving of any process and for any other purpose arising out of, or in connection with, these Terms and Conditions.
14.2 Each of the Parties shall be entitled from time to time to vary its domicilium citandi et executandi to any other address within the Republic of South Africa which is not a Post Office Box or post restante.
14.3 For purposes of these Terms and Conditions, the Parties’ respective domicilium citandi et executandi shall be –
Disfruta: (Marked for the attention of Disfruta Tours or Disfruta Holidays)
Physical Address: 84 St Kilda Road
The Client: (as per the online booking form)
14.4 Any notice given in terms of this Agreement shall be in writing and shall –
14.4.1 if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;
14.4.2 if sent by courier be deemed to have been received on the date of delivery by the courier service concerned, unless the contrary is proved; and
14.4.3 if transmitted by electronic mail message, be deemed to have been delivered to and received by the addressee upon receipt of an automated acknowledgement of receipt by the sender from the addressee or any conduct of the addressee sufficient to indicate to the sender that the electronic mail message has been received.
14.5 Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the Parties from the other including by way of electronic mail message shall be adequate written notice or communication to such Party.
The Parties shall throughout the term of these Terms and Conditions co-operate and interact with each other in good faith in relation to all aspects of the rendering of the Services and otherwise giving full effect to the provisions of these Terms and Conditions.
- CESSION AND ASSIGNMENT
The Client shall not be entitled to cede, assign or delegate any of his rights and/or obligations in terms of or arising from these Terms and Conditions to any third party without the prior written consent of Disfruta.
17.1 No alteration, cancellation, variation of, or addition to these Terms and Conditions, shall be of any force or effect unless reduced to writing and signed by all Parties to these Terms and Conditions or their duly authorised representatives.
17.2 No indulgence, leniency or extension of time which any party may grant or show, shall in any way prejudice such party or preclude it from exercising any of its rights in the future.
17.3 The expiration, cancellation or other termination of these Terms and Conditions shall not affect those provisions of these Terms and Conditions which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity or implication must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant paragraph may not expressly provide for such continuation.
17.4 If any provision of these Terms and Conditions is illegal, invalid or unenforceable, then it is the intention of the Parties that the remainder of these Terms and Conditions shall not be affected and it is also the intention of the Parties that, in place of each provision of these Terms and Conditions that is illegal, invalid or unenforceable, there be added as part of these Terms and Conditions a provision as similar in nature and content as the aforementioned provision in order to render the intention contained in the provision legal, valid and enforceable.
17.5 These terms and conditions shall be governed in accordance with the laws of the RSA. The Client hereby consents to the exclusive jurisdiction of the courts of South Africa in respect of all and any disputes arising between the Client and Disfruta.
DISFRUTA TOURS (PTY) LTD
(Duly authorised) Date: Place:
ACCEPTANCE OF THE TERMS AND CONDITIONS
I, hereby confirm that I have read and understood the Terms and Conditions and hereby agree to be bound by these Terms and Conditions. I hereby record and accept that I am joining the Tour and/or Holiday at my own risk and I further bind my dependents, heirs, executors, administrators and assigns to the Terms and Conditions.
Name and surname Signature