Journeys in Africa Consumer Booking Terms and Conditions
Exclusive Destinations (Pty) Ltd or Venice Simplon-Orient-Express Limited trading as “Journeys in Africa”
From time to time we may make limited time or other special offers available which are also subject to the terms and conditions stated at the time of booking (“Special Offer Conditions”). In the event of any conflict between these Booking Conditions and the Special Offer Conditions, the Special Offer Conditions shall apply.
1. Your Relationship with Us and the Applicability of these Booking Conditions
These consumer booking conditions (the 'Booking Conditions'), any applicable conditions, bye-laws, international conventions or conditions of carriage of any Travel Providers (defined below) involved in performing your booking, your confirmation invoice, any other written information we brought to your attention before we confirmed your booking and any other terms we may agree with you from time to time, form the basis of the contract for your booking.
For bookings made in the European Economic Area, you will be entering into a contract with Venice Simplon-Orient-Express Limited ('VSOE'). For all other bookings, you will be entering into a contract with Exclusive Destinations (Pty) Ltd (‘Exclusive Destinations’). References to 'we', 'us' or 'our' shall be to the company with which you have entered into a contract i.e. either VSOE or Exclusive Destinations.
We do not own or provide all of the services, facilities or travel arrangements included in your booking. Some of these are provided by third parties (including but not limited to the airlines, helicopter and private charter flight providers, transport and tour providers and accommodation providers) whom we arrange to provide the services, facilities or travel arrangements included in your booking (the 'Travel Providers').
In the event of any inconsistency between these Booking Conditions and any applicable third party terms and conditions and/or International Conventions etc., these Booking Conditions shall, to the extent permitted by law, prevail.
Please read these Booking Conditions carefully as (subject to any amendments which we may from time to time agree with you) they set out your and our respective rights and obligations. If there is anything within these Booking Conditions that you do not understand, then please contact us at the details given in clause 2 below to discuss what this means for you. If you do not agree to these Booking Conditions you must not book with us.
In these Booking Conditions references to ‘you’ and ‘your’ include the first named person on the booking (‘Lead Passenger’) and all persons on whose behalf a booking is made or any other person added to a booking or (if permitted by these Booking Conditions) to whom a booking is transferred. For certain types of group bookings for 10 or more rooms we may agree in writing particular terms varying these Booking Conditions.
By making a booking, the Lead Passenger hereby:
- confirms that the details provided for all parties to the booking are full and accurate;
- represents that he/she has the authority to accept and does accept these Booking Conditions on behalf of all persons named in the booking;
- confirms that he/she has read and understood these Booking Conditions and agrees (for himself/herself and on behalf of each person named on his/her booking) to be bound by them;
- agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking; and
- confirms he/she is 18 years of age or over and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
These Booking Conditions apply to gratuitous travel provided by us except to the extent that we have otherwise provided by contract.
These Booking Conditions also apply where bookings are made via a travel agent or associate company of Exclusive Destinations or VSOE.Types of Bookings
There are some terms in these Booking Conditions which apply only to "EEA Package Holidays", which are bookings made within the European Economic Area of "packages" (as this term is defined in the European Union's Package Travel Directive of 2015, as transposed into the national law of each Member State of the EEA and as may be amended from time to time ("Package Travel Directive")). All EEA Package Holidays are organised and sold by, and you will be entering into a contract with, VSOE.
In general terms, an EEA Package Holiday will exist if you are resident within the EEA and purchase a combination of at least two of the following travel services in a single booking with us, where the arrangement covers a period of more than 24 hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) hire of motor vehicles; or (d) other tourist services.
If you buy a combination which includes 'other tourist services' and only one of (a), (b) or (c) above, then this will only be an EEA Package Holiday if the 'other tourist services':
- are not intrinsic to (a), (b) or (c) above;
- are not purchased after the start of performance of (a), (b) or (c) above; and
- either account for a significant proportion of the value of the holiday (at least 25% of the value of the holiday), or otherwise represent an essential feature of the holiday.
Applicable to EEA Package Holidays only: If you made your EEA Package Holiday booking by telephone, fax or post and had not seen these Booking Conditions when you made your EEA Package Holiday booking and you are not happy to proceed with the booking now that you have seen them, please return all documentation to us within 7 days of receiving these Booking Conditions. Your EEA Package Holiday will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your EEA Package Holiday booking was made within 45 days of travel.
2. Booking and Paying For Your Arrangements
Our contact details are:
Telephone: +27 (0) 21 483 1600
All reservations require the full names (as per passport) of each guest (please check these carefully as we cannot be held liable for costs incurred as a result of incorrectly spelled names).
Special comments or remarks relevant to your stay or preferences (such as double/twin beds or room preferences and anniversary dates or special occasions) must be notified to us at the time of booking. We will use our reasonable endeavours to fulfil any such requests, but we will be under no obligation to do so. We do not accept any bookings which are conditional on such requests being fulfilled.
Subject to availability, a booking will be made with us when (1) you tell us that you would like to accept our written quotation, (2) we issue a confirmation by means of e-mail, proposal confirmation and invoice and (3) we receive the applicable payment from you as follows:
- If there are 4 or less rooms booked in your party, a deposit is payable on making your booking. Please note that some Travel Providers’ payment terms differ from ours and, where that is the case, payment will be required in accordance with their terms, which we will notify to you.
* Individual Deposit % Period due 20% of total invoice (non-refundable) Upon confirmation 50% of total invoice 90 days prior to the start of your booking Remaining balance of final invoice 45 days prior to the start of your booking 100% For bookings received 45 days prior to the start of your booking
- If there are 5 or more rooms booked in your party, payments must be made as follows:
* Group Deposit % Period due 20% of total invoice (non-refundable) Payable upon receipt of confirmation itinerary and pro forma invoice 40% of total invoice 90 days prior to the start of your booking Remaining balance of final invoice 60 days prior to the start of your booking 100% For bookings received 60 days prior to the start of your booking
A binding contract will come into existence as soon as we have issued a confirmation e-mail/proposal and invoice confirming the details of your booking (and the due payment dates for any applicable balance to be paid), which will be sent to you or your travel agent, and you have paid the sum due and payable upon booking.
If we do not receive (in cleared funds) the balance (or any other sum due) in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become due.
If you believe that any details on your e-mail/proposal and invoice (or any other travel document issued by us) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any travel document within 10 days of our sending it out. If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can ensure that the booking is suitable for you.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate. However occasionally changes and errors occur and we reserve the right to correct prices and other written details relating to arrangements (whether displayed by us or travel agents) in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
We are under no obligation to supply you with booked travel arrangements which are incorrectly priced, even after we have issued our confirmation invoice, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.
We reserve the right to amend the price of unsold travel arrangements at any time.
Except for EEA Package Holiday bookings, the price of your confirmed booking is subject at all times to changes in our costs (including but not limited to the costs charged to us by Travel Providers); to cost changes arising from government action such as changes in GST, VAT or any other government imposed changes; and to changes in currency exchange rates and to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at airports, any or all of which may result in a variation of the price of your trip. If the amount of the increase exceeds 2% of the total cost of your arrangements (excluding amendment charges and/or additional services or travel arrangements), you may be charged for any resulting increase in the cost of your trip.
The price of your EEA Package Holiday booking will not change after you have received your booking confirmation.
5. Jurisdiction and applicable law
These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the laws of South Africa.
You and we both agree that the courts of South Africa will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation.
You may however, choose the law and jurisdiction of a European country if you live in that country and if you wish to do so.
6. Unavoidable and Extraordinary Circumstances
In these Booking Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided, even if all reasonable measures has been taken. This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination or natural disasters such as floods, earthquakes, weather conditions which make it impossible to travel safely to the destination as agreed in the booking, as well as other events such as strikes or high/low water levels.
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Unavoidable and Extraordinary Circumstances.
7. Changes by You
If the Lead Passenger or anyone named on his/her booking wishes to change any part of that booking after our confirmation invoice has been issued, the Lead Passenger must inform us as follows: e-mail to Journeys in Africa's reservations department: email@example.com as soon as possible. Whilst we will try to assist, we cannot guarantee that we will be able to make your requested change.
Where we can meet a request, all changes will be subject to payment of an amendment fee as shown at clause 8 as well as any applicable exchange or other rate changes or other extra costs we incur and any costs or charges incurred or imposed by any of our Travel Providers. You should be aware that these costs could increase the closer to the departure date that changes are made. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee will be payable (see clause 8 below).
For EEA Package Holidays only, you may transfer an EAA Package Holiday to another person who satisfies all the conditions applicable to the booking, subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer (including the fees of the Travel Providers and the amendment fees shown at clause 8). We shall notify you of these costs upon receipt of your request to transfer. You will need to give us reasonable notice of this change so that we can make the necessary arrangements but 7 days before departure shall be considered to be reasonable.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. If you (or a member of your party) cancel your trip
If you or any other member of your party decides to cancel a booking (in respect of which we have issued a confirmation invoice):
- that person(s) may transfer their place to someone else (introduced by you) and in respect of whom the Lead Passenger will need to give the confirmations and representations set out in clause 1 provided we are notified not less than 30 days before departure and you pay an amendment fee in accordance with the table below as well as meet all costs and charges incurred by us (whether within this 30 day period or not) and/or incurred or imposed by any of our Travel Providers;
- if you are unable to find a replacement, the Lead Passenger must notify us in writing of the cancellation of that person. Your notice of cancellation will only take effect when, in the case of e-mail, you receive a reply from us acknowledging receipt of your e-mail sent to firstname.lastname@example.org. We reserve the right to request notification of consent from each member of the party in respect of whom the cancellation is made. Cancellations attract the following charges (in order to cover our estimated costs). The cancellation charges detailed are calculated on the basis of the total cost payable by the person(s) canceling, excluding amendment charges which are not refundable in the event of the person(s) to whom they apply canceling:
Individual Bookings (4 rooms or less)
|Cancellation Notice Received (in respect of whole or part of trip) prior to start of trip||Cancellation Fee (expressed as a % of total cost payable for the trip by the person(s) canceling, whether in part or as a whole)||Amendment Fee for each change (% of total cost payable by the person(s) amending and excludes Travel Provider amendment fees)|
|120 - 91 days or more||20%||One free*, then US $50.00pp per change|
|90 – 46 days||50%||US $ 50.00pp per change|
|45 – 0 days||100%||US$50.00pp per change|
Group Bookings (5 rooms or more)
|Cancellation Notice Received (in respect of whole or part of trip) prior to start of trip||Cancellation Fee (expressed as a % of total cost payable for the trip by the person(s) canceling, whether in part or as a whole)||Amendment Fee for each change (% of total cost payable by the person(s) amending and excludes Travel Provider amendment fees)|
|120 - 91 days or more||20%||One free*, then US $50.00pp per change|
|90-60 days||50%||US $ 50.00pp per change|
|60-0 days||100%||US $ 50.00pp per change|
We will apply any monies you have already paid to us towards settling any cancellation charge(s). No refunds will be given for guests not travelling or for unused services.
For EEA Package Holidays only, in addition to the cancellation rights set out above, you shall have the right to cancel your EEA Package Holiday before the start of the booking without paying any cancellation charges in the event of Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity if we have confirmed to you that they will significantly affect the performance of the EEA Package Holiday or the carriage of passengers to the destination. If you cancel in these circumstances, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any of the rights set out in clause 12 below.
9. If a Travel Provider Changes or Cancels Your Booking
Occasionally circumstances occur before departure that require our Travel Providers to make a change to or cancel what they can deliver. We reserve the right to make such changes to your booking. Where that change is “Major” (i.e. complete cancellation of your trip or such parts of it as would result in you not being delivered substantially the trip you booked) we will make every reasonable effort to inform you of this ‘Major’ change and any alternatives to cancellation the Travel Provider has made available to us for you.
Major changes do not include (by way of non-exhaustive example) (i) delays of less than 12 hours (ii) insignificant changes of route/stopping points (iii) substituted accommodation/flights (of equivalent or better class than that booked) or (iv) insignificant re-ordering of itinerary.
For non–EEA Package Holidays, where the Travel Provider has to make a Major Change or cancel your confirmed arrangements before departure you may:
- accept any changes we offer; or
- (subject in each case to availability) choose to undertake the same trip on an alternative date (that may include additional costs), or accept an alternative trip with an appropriate pricing adjustment; or
- cancel your booking and receive a full refund for the particular element of the trip subject to a Major Change or a cancellation (but this does not include other 3rd party services in the trip where cancellation fees may be applicable).
We will not pay you compensation and the options a, b and c above will not be available if we make any change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
For EEA Package Holidays only, where we inform you of a 'Major' change before departure, you may:
- accept the proposed change. If this results in a booking of lower quality or cost, you may be entitled to a price reduction in accordance with clause 12 below;
- reject the proposed change and terminate your booking with a full refund; or
- reject the proposed change, terminate your booking and take an alternative one if we decide to offer this. If you decide to take an alternative booking, we will inform you of its impact on the price of your booking. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 12 below.
We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the EEA Package Holiday. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the EEA Package Holiday and provide you with a refund.
If you decide to reject the proposed change and terminate your EEA Package Holiday with a full refund, you may also be entitled to compensation in accordance with clause 12 below.
On rare occasions, we may have to cancel your EEA Package Holiday and we reserve the right to do so. If we have to do so, we will notify you as soon as possible. We will also offer you an alternative booking if we are able to do, and inform you of its impact on the price of your booking. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 12 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the booking.
You may be entitled to compensation as a result of our cancellation of your EEA Package Holiday in accordance with clause 12 below except where we are prevented from providing the booking because of Unavoidable and Extraordinary Circumstances and we notify you of the cancellation without undue delay before the start of your booking, or where the minimum number of persons enrolled for the trip is less than the minimum number informed to you upon booking and we cancel within the time limits set out to you upon booking.
For all bookings (i.e. whether EEA Package Holidays or otherwise), the obligations set out above shall constitute your sole remedy against us in respect of any change to your booking (including without limitation, Major Changes and cancellations) before departure. In particular please note that subject to these Booking Conditions and any applicable International Conventions, to the extent permitted by law, we shall not be liable for (a) missed connections or (b) any loss or damage caused to you and/or your luggage by the cancellation, non-arrival, lateness, delay or change to your trip or any other service or for any loss or damage consequential upon such cancellation, non-arrival, lateness or delay.
For all bookings, in certain circumstances in which there are transport delays or cancellations, you may be entitled to receive refreshments and/or appropriate accommodation from airlines and other transport providers free of charge. In these circumstances, you should make a claim directly to them.
10. Resolving Disputes and Prompt Assistance During Your Trip
If anything is not to your satisfaction during your holiday please immediately inform both us (via the details set out below) and the relevant Travel Provider (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday.
If you suffer any loss or damage to your luggage please immediately inform the applicable carrier and us within 72 hours.
However, if your complaint is not resolved locally, please follow this up within 28 days of your return home by emailing us at email email@example.com, giving your booking reference and all other relevant information. Please keep your email concise and to the point.
Please note that a failure to advise of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
For EEA Package Holidays only, you can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
For EEA Package Holidays only, we shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, we do not charge for this assistance, although we do reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.
If you are in difficulty during your trip with us and you need our assistance, please contact our emergency mobiles: +27 (0) 82 806 6562.
11. Our Responsibilities and Limitations on Our Liability for non-EEA Packages
In respect of all arrangements which are not EEA Package Holidays, we will (i) where we or a member of our corporate group are performing your booking, perform it using reasonable skill and care and (ii) to the extent your arrangements are performed by other Travel Providers, select the Travel Providers of the services making up your booking with us using reasonable skill and care. In relation to arrangements performed by other Travel Providers, we have (to the fullest extent permitted by law) no liability to you for the actual provision of those services, except in cases where it is proved that we have breached that duty and damage to you has been caused.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description to the extent that it results from:
- your act(s) and/or omission(s) (or those of the person(s) affected); or
- the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either we, our employees, Travel Providers, servants, subcontractors could not, even with all due care, have foreseen or forestalled; or
- Unavoidable and Extraordinary Circumstances as defined in clause 6.
Where we are found to be liable to pay you compensation in circumstances which do not include injury, illness, death caused by our negligence, we shall limit the value of your claim to one and a half times the cost of the booking.
Your sole remedy(ies) for the matters covered by clause 9 (If a Travel Provider Changes or Cancels Your Booking) are set out in that clause 9.
If we become unable to provide a significant proportion of the services making up your booking after you have started your trip with us, we will make suitable alternative arrangements for you at no extra charge. If we are forced by Unavoidable and Extraordinary Circumstances as defined in clause 6 to change or terminate your arrangements after departure, we are not responsible for making any refunds (unless we obtain any from our Travel Providers), pay you compensation or meet any costs or expenses you incur as a result.
Loss of and/or damage to any luggage or personal possessions (including money):
Exclusive Destinations will not be held liable for any losses or damages to any luggage or personal possessions, as it will be assumed that the said persons will have adequate insurance in place to cover any losses of this kind.
12. Our Responsibility for the Performance of the Package, Price Reductions and Compensation for Damages - for EEA Package Holidays only
Performance of your EEA Package Holiday
In respect of EEA Package Holidays only, your agreement with us is an agreement for services. Where we provide the services, facilities or travel arrangements which make up your booking, we have a legal duty to use reasonable skill and care in providing them to you. Where we have arranged for the Travel Providers to provide the services, facilities or travel arrangements which make up your booking, we have a legal duty to use reasonable skill and care in making the arrangements for the Travel Providers to provide the services, facilities or travel arrangements to you.
We also have a liability to you for the performance of the travel services included in an EEA Package Holiday booking with us under the Package Travel Directive, irrespective of the fact that such travel services are to be performed by the Travel Providers. Our obligations in relation to EEA Package Holidays we organise are set out below.
You must tell us immediately of any failure to perform or improper performance ('Failure') of your EEA Package Holiday. This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or if you need the Failure resolved immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with the provisions below in this clause 12.
If a significant proportion of the travel services included in your EEA Package Holiday cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the EEA Package Holiday. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described below. You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with the provisions below in this clause 12.
If a Failure substantially affects the performance of the EEA Package Holiday, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your EEA Package Holiday or terminate your booking without paying a termination fee. If you decide to terminate, then if your EEA Package Holiday included carriage to the destination, we shall also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with the provisions below in this clause 12.
If we are unable to ensure your return to your place of departure as agreed in your EEA Package Holiday because of Unavoidable and Extraordinary Circumstances, we shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the EEA Package Holiday.
If a longer period of accommodation than that referred to above is provided for in EU passenger rights legislation (as described in the Package Travel Directive) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in such legislation will apply instead.
Price Reduction and Compensation for Damages – EEA Package Holidays Only
You will be entitled to an appropriate price reduction for any period during which there is a Failure of a travel service included in your booking, unless this Failure is attributable to you.
You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure of a travel service included in your booking except where the Failure is:
- attributable to you;
- attributable to a third party unconnected with the provision of the travel services included in the booking and is unforeseeable or unavoidable; or
- due to Unavoidable and Extraordinary Circumstances.
We shall not be liable to pay compensation to you in connection with your booking where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by us or one of our Travel Providers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the booking. Please ask us for copies of these international conventions if you would like to see them.
You can ask for copies of these Conventions from our offices. In addition, you agree that any applicable operating Carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these International Conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by relevant reference into our contract with you.
Our liability to you in connection with your booking shall be limited to three times the cost of the booking, except in cases involving death, injury or illness where we or our Travel Providers have caused such damage intentionally or with negligence.
This maximum will only be payable when every aspect of your booking has gone wrong (or all luggage is lost) and you have not received any benefit from your booking. Any sums received by you from the Travel Provider(s) will be deducted from any sum paid to you as compensation by us.
If you are granted compensation or a price reduction by another party in relation to the same Failure which you claim compensation or a price reduction from us, then we may deduct the compensation or price reduction you receive from the other party from that which is payable by us.
Except as set out above, we accept no liability for any claims, losses, expenses, damages or liability for your EEA Package Holiday, except in cases involving death, injury or illness where we have caused such damage with negligence.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which, we could not have foreseen you would suffer or incur, unless you provided the relevant information to us during your booking and prior to our accepting your booking (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or if you are likely to incur any business losses).
We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised in our brochure or on our website. For example, any excursion you book (other than with us) while on the trip, any service or facility which your hotel or any other provider agrees to provide for you (see more on 'Locally Booked Excursions' below in clause 15), any doctor, dentist or other medical attendant called to attend to you during the trip and any services, products or transportation not provided by us.
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our Travel Provider(s) strictly in accordance with the complaints procedure set out at clause 10 ('Resolving Disputes and Prompt Assistance During Your Trip') in these Booking Conditions.
Where any payment is made, the person(s) receiving it (and their parent or legal guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
13. Financial Protection Arrangements for EEA Package Holidays Only
For EEA Package Holidays, we have obtained insurance to secure the initial deposit and subsequently the balance of monies paid as detailed in your pro forma invoice (“EEA Package Insurance”). This EEA Package Insurance will also include repatriation for the transportation element of your booking, if applicable, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of VSOE. The EEA Package Insurance has been arranged by Towergate Travel through Zurich Insurance PLC. In the unlikely event of Insolvency, you must Inform Towergate Travel immediately on +44 (0)1932 334140 or by email at firstname.lastname@example.org. Please ensure you retain the booking confirmation form as evidence of cover and value. Please note that the EEA Package Insurance will not cover any monies paid for your own travel insurance or any claim relating to air flights (other than internal flights we book for you within South Africa). Please check that the company you have booked your international flights with has the appropriate CAA/ATOL protection in place.
14. Conditions of Travel Providers
Some of the services which make up your trip are provided by Travel Providers, which shall provide these services in accordance with their own terms and conditions which will form part of our contract with you. Some of these terms and conditions may limit or exclude the Travel Provider’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the Travel Provider concerned.
15. Locally Booked Excursions
It may be possible for you to book a local excursion during your holiday, such as a local tour, experience, concert, activity, sports or adventure experience (a 'Locally Booked Excursion'). These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and so they will not form a part of your booking with us. They will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a Locally Booked Excursion.
16. Your Obligations
a. Travel Documents.Travel documents are not transferable (other than as expressly permitted by these Booking Conditions). Travel documents bearing unauthorised alterations are not valid for travel. Travel documents remain our property and if you fail in any material respect to comply with any condition (including but not limited to these Booking Conditions) governing its use, your travel document may be withdrawn or invalidated by our staff or agents and you may be required to pay the full fare. There may be an administration charge (currently US$100) for replacing any lost or damaged travel documents.
b. Boarding, alighting or changing Planes. When boarding, alighting or changing planes/trains/boats/safaris during your journey you should make sure that:
(i) you board the correct transport; (ii) you check-in on time; (iii) you keep your possessions with you at all times (other than luggage which has been checked–in with us; see (h) below); (iv) you check-in as we advise and are ready to board the applicable transport (having loaded all luggage to be deposited with us) at or before the time shown on your travel document; (v) promptly following arrival at any destination, you alight the applicable transport and (if applicable) remove all luggage. If you require assistance to board/alight any transport, you must please advise us not less than one week before departure so that arrangements can be made (please also see (e) below);
We will not delay departures or otherwise make provision for late boarding and we will not be responsible for any loss or delay to your journey arising from any failure by you to comply with any of (i – v) above. If you miss the transport, or are refused boarding, you will be treated as if you had cancelled without notice (and the cancellation charges at clause 8 will apply);
c. Stopovers. If you make a break in carriage other than as permitted you shall not be entitled to onward carriage or to a refund or any other compensation from us;
d. Special Diets. Please notify us (not less than 30 days prior to departure) of any dietary requirements. It may not always be possible to offer you an alternative meal, but, provided we have been notified of your requirements, we will use reasonable endeavours to notify you of any meals you should avoid;
e. Disabilities, Reduced Mobility and Medical Conditions. If you or any member of your party has any medical condition, issues with reduced mobility or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
If your fitness to travel may be in doubt as a result of recent illness, surgery, injury, medical treatment or an existing medical condition which may require treatment or assistance (including but not limited to additional oxygen, wheelchairs, assistance to use the bathrooms, assistance to get in or out of bed, medication administered via a needle other than well-managed diabetes) you must (i) provide us with an up-to-date certificate from your doctor no later than 5 days prior to departure certifying that you are fit to travel and (ii) be accompanied by another passenger who is able to provide you with all the appropriate assistance you may need (our staff cannot provide such assistance). We may refuse you carriage (and no refund or compensation shall be paid to you) if you have not provided the applicable certificate and/or are not accompanied by a suitable passenger.
f. Passport, Visa and Immigration Requirements and Health Formalities. It is your responsibility to check and fulfil the passport, visa, health (including vaccinations) and immigration requirements applicable to your itinerary. We can only provide general information about such requirements. You must check the requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. For UK residents, passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website. For further information for UK residents, contact the Identity and Passport Service, on 0300 222 0000, visit www.direct.gov.uk or email
Requirements do change and you must check the up-to-date position in good time before departure.
Most countries now require passports to be valid for at least six months after your return date. If your passport is in its final year, you should check with the Embassy of the countries you are visiting. All passport holders, including EU nationals, should obtain up-to-date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us on demand in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
We shall have the right to inspect your passport, visas and travel documents/permissions to travel to ensure that you fulfil all entry requirements for any country in or through which your trip is to take place. If you are unable to fulfil any such requirements then we shall have the right to refuse you carriage and you will not be entitled to any refund in respect of any unused services.
g. Behaviour. All passengers travelling with us are expected to conduct themselves in an orderly and acceptable manner, and not to disrupt the enjoyment of other passengers. If your behaviour (or any articles carried by you) is in our opinion causing or is likely to cause distress, danger or annoyance to any of our other passengers or any third party or damage to property, or to cause a delay or diversion to transportation, or violation of any applicable law or regulation, we (or the applicable Travel Provider) may terminate your arrangements with us immediately. In the event of such termination our liability to you will cease and you may without prior notice be refused boarding or be required to leave the services we have arranged for you immediately. We (and the Travel Provider in question) will have no further obligations to you. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You may also be required to pay for loss and/or damage caused by your actions and we will hold each member of your party jointly and individually liable for any damage or losses caused by you. Full payment for any such damage or losses must be paid directly to us or the applicable Travel Provider prior to your ejection from the service in question. If you fail to make payment, you will be responsible for meeting any (i) costs of any damage/injury to our staff, property, servants and/or agents and (ii) claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other passengers or individuals who have no connection with your arrangements with us.
h. Luggage. Your luggage must not contain any items which in our opinion are dangerous, illegal, liable to harm or annoy other passengers or otherwise unsuitable (including but not limited to weapons and ammunition).
Luggage deposited with us for carriage must not contain (and we shall have no liability for) any fragile or perishable articles, cash money, jewelry, precious metals or other valuables (including but not limited to bearer securities, business documents, trade secrets or samples).
Carriage of your luggage is subject to any applicable laws, regulations, and conditions of carriage and subject to: (i) the luggage not being excessively heavy, bulky, dangerous, inadequately packed, in a defective state or otherwise unsuitable for carriage; (ii) luggage being correctly labeled; (iii) you accompanying your luggage.
Unless we otherwise agree in advance, luggage allowances per passenger traveling on small planes are 20kg per passenger (including hand luggage) in soft sided bags (NO WHEELS). Maximum dimensions of this luggage are 25cm wide x 30cm high x 62cm long.
The Lead Passenger on behalf of himself/herself and each member of the party hereby authorises us and our employees, servants and agents to inspect any luggage deposited with us for carriage, to check compliance with these Booking Conditions.
You must comply fully and promptly with any instructions in respect of your luggage given by train, airline, security and border control authorities in any jurisdiction.
We may refuse carriage to any passenger whose luggage does not comply with these Booking Conditions, in which case, you shall not be entitled to any refund. We shall not provide storage (other than for checked-in luggage on the trains/boats, in accordance with these Booking Conditions) for any of your possessions.We shall not be required to:
- verify that a person claiming luggage is the owner of such luggage or otherwise entitled to take delivery of it;
- verify that luggage complies with these Booking Conditions;
- hand over any luggage to any person unless the person claiming it can demonstrate to our satisfaction that he is entitled to take delivery of such luggage;
- store any luggage not collected promptly when we require.
If you suffer any loss or damage to your luggage, please inform us or the relevant Carrier within 72 hours.
Porters at airports, transfer agents and hotel staff are not employees or agents of ours and consequently you use their services entirely at your own risk. Trolleys and other equipment available for passenger use at airports are not our property and consequently you use such equipment entirely at your own risk.
i. Insurance. You must have adequate travel insurance to cover your arrangements.
For EEA Package Holidays, it is a condition of your booking that you have suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday. You should contact us to discuss this if you do not already have insurance in place.
17. Appropriate information concerning your itinerary
Pricing: All prices and supplements shown (unless indicated otherwise) are per person based on shared accommodation. Please note, where your hotel stay covers two different price bands, the holiday price will be adjusted accordingly.
Your Hotel(s): Every hotel has its own style and character. We offer a range of properties in most destinations which offer not only different room types but also prices. As a general rule, the price charged gives an indication of standard and therefore your expectation. Worldwide check in/out times are usually between 12 noon and 2pm and rooms cannot be guaranteed outside of these times, unless a supplement is paid to ensure immediate occupation on arrival or for late check-out.
Your Transfers: Our itineraries include all transfers, which are either on a private basis, or shared when many passengers arrive/depart at the same time.
Your Flights: Please note that the airlines do not open bookings for flights until 10-11 months prior to travel and we cannot book flights without a deposit and they are subject to availability until confirmed in writing. Note that all air tickets are issued at contract rates and once booked cannot be changed in any way.
The carrier(s) and flight timings and types of aircraft shown on this website or in our brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Should there be any change we shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your e-tickets, which will be dispatched to you approximately four weeks before departure. You should check these very carefully immediately upon receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched, we will contact you as soon as we can to let you know. Please note that in accordance with Air Navigation Orders, in order to qualify for infant status a child must be under two years of age on the date of its return flight.
18. Brexit Event and Your Booking With Us
On 29 March 2017, the United Kingdom submitted notification of its intention to withdraw from the EU pursuant to Article 50 of the Treaty on European Union ("Brexit"). There is great uncertainty about how this will affect the UK's future relationship with the EU. In particular, Brexit may have a substantial adverse impact on our (or one of our group companies) or our Travel Providers' ability to perform your booking ("Brexit Event"). For instance, it may be that a transport provider will not be able to operate because of the loss or restriction of traffic or transit rights or the right of the transport provider to enter or pass through any airspace / territory.
For our customers who have yet to depart, our obligations to you under your booking are conditional upon there not being a Brexit Event. If, in our reasonable opinion, a Brexit Event has occurred, we will inform you as soon as possible in writing, upon which we will both be relieved of any further obligations in relation to the booking. If this happens, we will return to you any payments you have made in respect of your booking, which shall be the full extent of our obligations to you. We will not compensate you for a Brexit Event.
For our customers who have already departed, clause 12 of these Booking Conditions shall apply to any Brexit Events concerning your booking.
19. General Terms and Information
The various clauses set out in these Booking Conditions operate separately to one another. If any court or any other relevant authority decides that any of these paragraphs (or part therein) are unlawful or unenforceable, the remaining clauses (and parts therein) will remain in full force and effect.
These Booking Conditions and the associated booking confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.
These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.
If you have any queries about these terms, please contact us using the contact details set out in clause 2 before placing a booking.
© 2018 Exclusive Destinations (Pty) Ltd whose registered office is at Mount Nelson Hotel, 76 Orange Street, Cape Town, 8001, Cape Town. Registered number 1992/002304/07. Venice Simplon-Orient-Express Limited registered in England and Wales with no. 01551659 whose registered office is at 1st Floor Shackleton House, 4 Battle Bridge Lane, London, SE1 2HP, UK.