Terms and Conditions

Holidayshare CC
Trading as:
Ultimate Holiday Planner (referred to as UHP)

TERMS AND CONDITIONS: TOURS & PACKAGES

Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and UHP.  We act as booking agents for the suppliers of the component parts of the holiday we organise, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that supplier's standard terms and conditions.

RESERVATIONS
Should be made well in advance and can be made through any travel agent or any of our sales offices. We reserve the right to cancel any reservation for which the total tour price has not been paid by due date, in which case the deposit will be forfeited.

TOUR/PACKAGE PRICES
Prices are subject to adjustment in the event of changes to general sales tax / value added tax., fuel or airfare increases, currency fluctuations, etc. No adjustment to the tour price will be made once the final prepayment has been received.

DEPOSIT & CANCELLATION POLICY
 
Payment:

A deposit equal to eighty percent (80%) of the contracted value tour price, due on booking the tour. The tour will only become a confirmed booking upon receipt of the deposit and the offer will expire if payment has not been received within 72 hours of requesting a booking.  The balance of the contracted value, tour price shall be paid not less than forty (40) days prior to the anticipated date of tour departure (or upon reservation if less than forty (40) days). Bookings made within forty (40) days prior to the anticipated date of tour departure must be accompanied by full payment.

Late Booking Fee & Communication Expenses (Telephone Calls)

In the event of a booking (except South Africa bookings) being made less than 7 days prior to the date of departure, UHP reserves the right to charge for any extra communication expenses.  Full payment is due immediately on confirmation and is non-refundable on all late bookings.  Some bookings require full payment at the time of booking i.e. prior to confirmation.  If we are unable to secure confirmation you will be refunded in full. 

Cancellations:
40 - 26 days prior to the anticipated tour departure thirty-five (75) % of the contracted value, tour price, will be retained by UHP
25 or less days prior to the anticipated tour departure hundred (100) % of the contracted value, tour price, will be retained by UHP

Cancellations must be made in writing and will be effective on the date of receipt in our offices. Should the client fail to join the tour or leave it prior to its completion, no refund will be made.

INSURANCE
Luggage and personal effects are conveyed entirely at owner’s risk. Passengers should ensure that they have comprehensive insurance cover for cancellation, medical expenses, personal luggage, money etc. Vehicles on escorted tours carry passenger liability insurance in accordance with existing laws in South Africa.

TOUR PRICES EXCLUDE
Telephone calls, personal laundry, beverages, gratuities, any excursions not specified and any other items of a personal nature unless actually specified.

REFUNDS
While UHP uses its best endeavours to ensure that all anticipated restaurants, accommodation, attractions etc. are available as planners there shall be no claim of any nature whatsoever against UHP for a refund either in the whole or in part if any excursion is unavailable or the passenger was unable to use that service.

PASSPORTS AND VISAS
The onus is on the client to ensure that passports and visas are valid for the countries visited. Both UHP and its agents cannot be held liable for any visa etc. not held by clients.

ALTERATIONS AND AMENDMENTS
All tours, charters, hires, travel arrangements, hotel accommodation and other arrangements are subject to alterations or cancellations at any time without prior notice and for any reason at the sole and absolute direction of UHP. UHP shall not be responsible for any damages whatsoever arising from such alteration or cancellation.

COMPLAINTS

   1. In the event that you have any reason to complain, or experience any problems with your holiday whilst with UHP, you must immediately inform the supplier of the services in question.  Any verbal notification must be put in writing and given to the supplier as soon as possible.
   2. If you are still dissatisfied, you must notify us at the earliest opportunity - until we know about a problem or complaint, we cannot begin to resolve it.  Failure to give us the opportunity to resolve any problem at the time it occurs will result in either a reduction, or complete extinction, of any rights which you may have, to claim compensation from us.
   3. If you remain dissatisfied, you must write to our Customer Service Manager within 28 days of the end of the trip you have purchased from us, giving your booking reference and full details of your complaint on clientservices@ultimateholidayplanner.co.za or fax to 0866 098 212.
   4. Whilst every effort will be made by UHP to resolve your complaint to your satisfaction it is specifically recorded that UHP in no way accepts liability for any claim that you may have in respect of your complaint.

PASSPORTS, VISAS, VACCINATIONS AND INOCULATIONS

   1. It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visas, and that you have obtained any necessary inoculations to gain entry to any country you are visiting and to re-enter South Africa.  Passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Department of Health regarding health requirements.
   2. UHP accepts no liability whatsoever should you, or any member of your party, travel without the correct passport, visas or necessary vaccinations.  As a guideline, passports should be valid for 6 months after your scheduled return to South Africa.

FORCE MAJEURE

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of "force majeure".  In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

RESPONSIBILITY & LIABILITY

UHP act as agents only for local and international ground operators and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising.  UHP makes every effort to ensure that all the arrangements and services connected with a passenger’s itinerary will be carried out as specified in the most efficient and effective way possible.  However, we do not have direct control over the provision of services by suppliers and, whilst they are in all cases selected with the utmost care, we do not accept liability for error and omissions of such suppliers

JURISDICTION OF THE MAGISTRATES COURT

UHP, shall be entitled, at its option to institute any legal proceedings arising out of or in connection with this contract in any Magistrate’s Court having jurisdiction in terms of Section 29 of the Magistrate’s Court Act No 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

LEGAL

This document together with UHP invoice / itinerary constitutes the sole record of the agreement between the parties.  No party shall be bound by any representation, warranty, and promise of the like not recorded herein.   No addition to the UHP standard booking conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties.  No indulgence which UHP, (“the grantor”), may grant to the passenger (“the grantee”), shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.  All costs and disbursements, including legal costs on the attorney and client scale incurred by UHP in recovering any damages and payments payable by the passenger to UHP shall be for the passengers’ account.  This agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa.  The passenger hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement.  The parties hereby respectively choose domicilium citandi et executandi for all notices and processes to be given and served in pursuance of this agreement at their respective addresses as given upon making a booking.   Either party may change its domicilium by written notice delivered by hand or sent by prepaid registered post to the other party.   In this agreement an expression which denotes a gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

RESPONSIBALITY CLAUSE

HOLIDAYSHARE CC Trading as ULTIMATE HOLIDAY PLANNER, (hereafter referred to as “The Company”) and co-operative agents act only in the capacity of agents for the passengers in all matters and as such hold themselves free of responsibility for any delays, loss or damage, from any cause whatsoever.

All tours are arranged subject to the conditions imposed by the hotel, restaurants, other companies, firms or individuals concerned and upon the express conditions that the company and their servants and agents shall not be responsible and shall be exempt from all liability m respect of any loss, damage, injury, accident, delay or inconvenience to any person, or his or her luggage or other personal property, wherever the same shall occur and whether the same shall arise from or be occasioned by the negligence of The Company, their servants, or agents or other persons directly or indirectly in the employment or service of the company or otherwise under any circumstances, whatsoever.

All tours, charters and hires, itineraries, travel arrangements, hotel accommodation are subject to alteration or cancellation at any time without prior notice for any cause which is in the absolute discretion of the company renders it desirable, reasonable or necessary to effect such alteration and in particular, without prejudice to the generality of the foregoing in the event of revision of arrangements or the imposition of conditions by restaurant, hotel or transport contractors or managers. NO liability of any kind shall fall upon The Company in respect of any alteration or cancellation

LAW

The law of the RSA shall govern the relationship between UHP and the passengers, tour organisers and the Courts of the RSA shall have sole jurisdiction in any respect of claims and or disputes which may arise between UHP and the passenger or tour organiser