Bookings Terms and Conditions - Customers
TRANSFERS & OTHER BOOKINGS TERMS & CONDITIONS
All prices are subject to availability and offers may be withdrawn or amended at any time without prior notification. Eastern and Southern Africa Destinations Ltd accepts no liability should any such offer be withdrawn or amended.The following transfer booking conditions form the basis of the contract between you and Eastern and Southern Africa Destinations Ltd. The contract shall be governed in all respects by Scots Law and shall be subject to the exclusive jurisdiction of the Scottish Courts. These terms and conditions constitute the terms upon which Eastern and Southern Africa Destinations Ltd has arranged the provision of transfers only for you. These terms refer to all bookings made by telephone, fax, e-mail or via the online booking system. Please check your documentation carefully as soon as you receive it, if there are any incorrect details, please ensure you notify us immediately, as it may not be possible to make changes at a later date.
OUR RESPONSIBILITY TO YOU FOR YOUR TRANSFER
As we are acting only as a booking agent we have no liability for any of the transfer arrangements and in particular any liability for any illness, personal injury, death or loss of any kind, unless caused by our negligence. Any claim for damages for injury, illness or death arising from your transfer, must be brought against the owner of the vehicles in Malawi and will be under the jurisdiction of the law of the country in which the transfer is based.
WHAT WE PROVIDE TO YOU
1. We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as agent for the Third Party Travel Provider.
2. By acquiring Booking & Advisory Services from us, you agree that you have read and understood both these terms and conditions and the terms and conditions of the Third Party Travel Provider relating to the Travel Product.
3. You pay us for providing the Booking & Advisory Services to you.
WHAT THE THIRD PARTY TRAVEL PROVIDER PROVIDES TO YOU
4. Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product.
5. The Third Party Travel Provider is subject to the laws of the Republic of Malawi.
6. You pay us for the Third Party Travel Provider service and we either pay them for providing the Travel Product to you when they have delivered that service to you or upon agreement with you, you pay them part of the total amount directly when they have delivered the service. We may pay the Third Party a percentage of their fee in advance of the provision of the service to you to cover their initial costs.
7. We do not (and cannot) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you seek a refund from the Third Party Travel Provider.
WE ARE LIABLE TO YOU FOR BOOKINGS, ADVISORY AND PAYMENTS SERVICES ONLY
8. Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking & Advisory Services to you.
9. Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with:
(a) the use of (or inability to use) this Website or any linked website;
(b) disruption to this Website;
(c) the delivery or non-delivery of the Travel Product; or
(d) any act or omission of / from Third Party Travel Providers or other third parties.
10. Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection laws but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to use of this Website or the Booking & Advisory Services supplied by us outside these laws.
11. All information on this Website relating to a Travel Product or a Third Party Travel Provider is provided by Third Party Travel Providers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Third Party Travel Providers.
THE THIRD PARTY TRAVEL PROVIDER IS LIABLE TO YOU FOR THE TRAVEL PRODUCT
12. As agent for the Third Party Travel Provider, we are not liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product.
13. The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.
MERCHANT/RETAIL TRAVEL PRODUCTS
14. We may sell Travel Products in two different ways:
(i) as merchant where we take payment directly from you at the time of booking confirmation; and
(ii) as retail where your Travel Product will either be paid to the Third Party Travel Provider directly at the time of booking confirmation or payable to the Third Party Travel Provider on the date of your trip. You will be advised of all such amounts during the booking process.
BOOKING AND PAYMENT TERMS
15. The Travel Products offered on this Website are subject to availability and can be withdrawn without notice by the Third Party Travel Provider. Travel Products may also change at any time in accordance with the terms and conditions you agree with the Third Party Travel Provider.
16. When making an online booking you must enter the details of each traveler correctly, where requested, and according to their passport or other identification document. Some Third Party Travel Providers will deny carriage if the traveller's name varies from their booking and may cancel automatically if the traveller's name is amended. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller's name or as a result of the Third Party Travel Provider's policies.
17. It is your responsibility to ensure that all details of the booking are correct before proceeding.
18. Travel Products are not guaranteed until payment has been made in full and documents have been processed.
19. All internet bookings must be paid in full at the time of booking except where a deposit is specified.
20. It is your responsibility to contact us prior to departure if there is a change to you scheduled flight.
21. We cannot be held responsible if your e-confirmation does not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address or contact telephone number after making a booking. It is your responsibility to advise us if you have not received your electronic confirmation.
22. All pricing on this Website is reflected in USD unless otherwise specifically denoted on the screen.
23. All pricing on this Website is inclusive of value added taxes where applicable.
24. Payments processed in foreign currency (currency other than the original card holders country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fee that they may impose.
25. Payment for Travel Products may be processed directly by our online payments providers, as a result, your bank statements may display these third party names instead of Eastern and Southern Africa Destinations Ltd.
26. Prices for Travel Products featured on our Website are for online booking only and may differ if you proceed to book your Travel Product over the phone.
27. An additional fee applies to amounts paid by credit card or other online payments provider.
28. Charges, including the credit card fees, may be in another currency. The actual amount charged may vary due to differing exchange rates.
29. For all bookings for Travel Products made the required deposit payable for the bookings can vary for each Travel Provider. Please check the website to confirm the correct amount of deposit required when making a booking to guarantee the reservation.
30. If for any reason, your balance is not received by us by the due date, we reserve the right to treat your booking as cancelled and apply any cancellation fees that are the subject of these terms and conditions and the terms and conditions agreed with the Third Party Travel Provider. Prices for Travel Products are not guaranteed and are subject to change until payment has been made in full and travel documents have been issued.
31. A deposit holds the Travel Product requested but does not guarantee the price of the Travel Product at the time the deposit is paid.
32. An additional fee may apply to amounts paid by credit card.
33. Refreshments offered may vary between third Party Travel Providers.
34. For certain featured dates for Shuttle Services, the flight arrival time may not synchronise with the departure date of the local service. This may result in you requiring accommodation which is an additional cost to the advertised price.
LOCAL BUS, COACH, TRAIN, BOAT & FLIGHT BOOKINGS
35. When available these may be identified on our Website or on request.
36. If you book with us, we will make the booking on your behalf and your contract for your booking will be additionally subject to the third party booking terms and conditions as well as their conditions of carriage. The reference received from the third party is required for check in.
37. It is your responsibility to ensure that all details of the booking are correct before proceeding. For any changes or cancellations, please contact the third party directly, quoting your reference.
38. Our booking fee (if applicable) will be debited from you at the time of booking.
39. We must inform you that some third parties may charge additional fees for checked baggage and for food and drinks.
ADDITIONAL CHARGES
40. Some Third Party Travel Providers may also charge additional fees for food and drink.
HOTEL/ACCOMMODATION BOOKINGS
41. Some Third Party Travel Providers will require an additional charge to be paid locally (e.g. 1% tourism tax) at the time of check in or check out. Please note this amount is in addition to the amount shown during the booking process under the 'total booking cost' amount.
42. There may be taxes levied abroad but not paid at the point of purchase that are payable in relation to your hotel booking e.g. local taxes, sales tax etc. Any local taxes will be payable by you directly to the Third Party Travel Provider at the time of check-in/checkout.
43. Where we are unable to confirm the initial requested Travel Product, we will email you to inform you of the details of alternative Travel Products or lack of availability. At that time you will have the option to accept the alternative Travel Product or get a refund of the total monies paid to us by you for your original booking.
44. The ratings used apply to the overall quality, services and facilities of the property. Within selected properties, some room categories may vary from the overall property rating. Ratings are based on evaluations by our hotel team and customer feedback and are not based on industry ratings. We do not guarantee or warrant any kind of services or level of quality offered by any hotel.
Property Reviews
Please see our reviews when available.
CAR HIRE
45. All Third Party Travel Providers have a minimum age to be able to rent a Travel Product without incurring any extra charges. Once you have selected your Travel Product please read the Third Party Travel Provider rental rules where you will be able to find the amount payable.
46. Certain locations may have a maximum age limit. Although unlikely, these can vary from the age of 60 years and over. If you are over the age of 60 years it is your responsibility to check with the Third Party Travel Provider for eligibility. If you fail to check and you are over the age limit you may not be provided with the Travel Product.
47. Third Party Travel Providers may require cash for securing your deposit at the rental location. You must use a credit card and it must be the driver’s credit card. We will not be liable for any compensation or otherwise if you do not have a credit card at the time of collecting your Travel Product and are refused rental by the Third Party Travel Provider.
48. A valid unrestricted driver’s licence held for a minimum of 12 months is required for all drivers. The licence must be valid at the time of rental and remain valid throughout the rental period. The licence must include a photo of the driver and be written in English.
49. For international drivers hiring a car, if your licence is written in Chinese, Russian or any ‘picture’ script then you will need to obtain an international driver’s permit before you travel from your country of residence. This cannot be obtained in Malawi. Drivers holding a photo card British Licence are required to bring the paper part of the licence with them when collecting the Travel Product. All documents must be an original. No photocopies will be accepted.
50. We will not be liable for any compensation or otherwise if you fail to show a valid driver’s licence to the Third Party Travel Provider and are refused rental.
51. Although prices are generally inclusive of basic insurance cover, suppliers may charge an excess fee above the standard excess normally associated with motor vehicle insurance. In the event of loss or damage to the vehicle, the car rental companies will charge the excess outlined on your rental agreement which will cover the first part of the claim. Any costs above the excess amount will be covered**. The excess fee can vary depending on the supplier, the car you hire and the destination you are travelling to. You may choose to reduce your excess by purchasing an excess reduction option through the car hire company’s reservation desk. For additional information, please contact your selected car hire company. ** Note: There may be certain events under this section of cover where claims will not be paid, including (but not limited to), loss or damage caused whilst in breach of the car rental agreement. Please refer to the Insurance Companies Financial Services Guide and Product Disclosure Statement for General Exclusions and full terms and conditions.
52. The rental rate is calculated based on the return time agreed when picking up the vehicle. If the vehicle is kept longer than originally agreed, you may be liable for additional charges.
53. The Third Party Travel Provider rental agreement is provided to you to sign when you pick up your Travel Product. This agreement contains all information about your Travel Product. It is your responsibility to check this document carefully before you sign it and keep a copy. We will not be liable in relation for any breach of this agreement.
54. All children under seven years of age should be correctly secured in a child restraint or booster seat according to their size and age when travelling in a vehicle. It is the responsibility of the driver of the vehicle to comply with these requirements.
55. Optional extras (e.g. additional insurances) are only payable locally and will be subject to local goods and services taxes or value added tax. A full list of exclusions which are payable locally or are not included in the rate displayed is available when making your reservation.
HOLIDAY PACKAGED PRODUCTS
56. Your credit card will be charged for the full amount of your Holiday Package at the time of booking unless otherwise stated. You may have separate credit card charges for each product in the Holiday Package, totaling the amount quoted for your Holiday Package.
57. All travellers must travel on the same itinerary. Individual travellers cannot be added or deleted from a Holiday Package after booking.
58. Depending on the individual Third Party Travel Provider, frequent traveller points may or may not be available for any component of a Holiday Package.
59. Once your Holiday Package is booked, your reservation cannot be transferred or changed to another name or destination.
60. Prices and availability are valid only in conjunction with a Holiday Package in its entirety and do not apply to any single component thereof. Due to contractual requirements, we are not able to provide you with a breakdown of the cost for each individual component of your booking if the total Holiday Package charge has been billed as one amount on your credit card.
61. Holiday Package prices include taxes and service fees applicable to your Holiday Package. Additional fuel, security and baggage surcharges may be charged by the Third Party Travel Provider at the time of check-in. You are solely responsible for any such additional charges due to a Third Party Travel Provider. If you have any questions about such charges, please contact the Third Party Travel Provider directly. Government entry/exit fees may apply.
62. All Holiday Packages must be paid in full at the time of booking.
CHANGES IN PRICE AND ITINERARIES FOR TRAVEL PRODUCTS
63. Prices for Travel Products are provided as a guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
64. You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Third Party Travel Provider may change the price of your Travel Product at any time up to your departure if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after you have paid all of the quoted price for your Travel Product.
65. In case of an obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your reservation, even if it was automatically confirmed on our Website. You will be informed of this as soon as possible, to allow you to make a reservation at the correct price, if you wish to. In any case, you will not be entitled to claim compensation from us on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled.
66. We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances we will attempt to contact you using the email address you provided at the time of booking or your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever. In the unlikely event that your booking has to be cancelled, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking.
67. If a Third Party Travel Provider changes any part of your booking for reasons beyond its control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the Third Party Travel Providers under the terms and conditions you agreed with them.
68. Please note that it is the passengers' responsibility to re-confirm all flight departure times with the relevant airline/s prior to departure. Whilst we will endeavour to send e-mail notification of any changes to the original itinerary, we will not be liable for any costs incurred as a result of passengers missing any flight due to not having re-checked the itinerary prior to departure.
69. The Third Party Travel Provider may increase your fare if there is an increase in fuel surcharges, government fees and taxes, even if the fare has already been paid in full. You will be notified of this change before it is added to your fare or to your account.
REFUNDS
70. We will not provide you with a refund for the Booking & Advisory Services (including credit card fees) if the Travel Product is not used.
71. Refunds for Travel Products are subject to the terms and conditions that you agreed with the Third Party Travel Provider.
72. If the Third Party Travel Provider is required to provide you with a refund for the Travel Product, we will provide you with a refund subject to these terms and conditions including the application of any cancellation fees.
73. Where refunds for unused services are allowed, a service fee may be charged by the Third Party Travel Provider against the value of the refund. Please ensure that, when requesting a refund, you enclose copies of all relevant documentation.
74. Please note that most airlines can take 60 – 90 days to process any refund.
NO SHOW
75. If you have a booking for a Travel Product, (including flights, bus, transfer, car hire, accommodation and Holiday Packages) but you do not show up to check-in, collect the car or otherwise do not avail yourself of such Travel Product, you will not be entitled to any refund from us. However, you may be entitled to a refund of any departure tax you may have paid for your flight (excluding low cost flights).
CANCELLATION AND AMENDMENTS
76. If you wish to amend your airline booking made online, we reserve the right to charge a minimum fee of $7.50 per ticket.
77. The Third Party Travel Provider may also charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Third Party Travel Provider.
78. You must email us to change or cancel your booking. All changes are subject to availability, limitations and restrictions of the relevant Third Party Travel Provider.
79. Third Party Travel Providers may treat name changes and route and/or itinerary alterations as FULL CANCELLATION and you can incur full cancellation charges.
80. The refundable portion of your purchase price (if any) will be refunded to you and to the extent we are refunded by the Third Party Travel Provider, we will pass this refund to you.
81. We will not charge a cancellation or amendment fee if:
(i) You cancel or amend your booking due to a breach by us of our obligations to you or due to our fault; or
(ii) The Third Party Travel Provider cancels your booking for no fault on your part and we are unable to provide an alternative for you.
Cancellations and amendments on hotel bookings
82. Please review the cancellation policy for your hotel booking for any penalties that may apply. Online hotel reservations typically cannot be cancelled after 12:01am on the day of check-in.
Cancellations and amendments with 3rd parties
83. If your booking is with a Low Cost Carrier or boat or coach operator, you can only cancel or change your booking by contacting the Third Party Travel Provider directly.
84. If you change or cancel your flight, any changes will not be reflected on your online account. We recommend that you save and print any change confirmation email you receive directly from the Third Party Travel Provider.
Cancellations and amendments on car hire
85. Please review the cancellation policy for your car hire booking for any penalties that may apply. For more information see Car Supplier’s Car Hire Terms and Conditions associated with your car hire booking.
Cancellation and amendments on Holiday Packaged Products
86. You must contact us online to change or cancel any online Holiday Package Please do not call the individual Third Party Travel Provider.
87. All changes are subject to availability and limitations and restrictions of the Travel Third Party Travel Provider. Availability may be very limited during peak travel periods.
88. Some airline tickets cannot be changed.
89. The origin and destination for any Holiday Package cannot be changed.
90. The hotel property cannot be amended, although room category amendments may be allowed.
91. No amendments are permitted to the number of travellers unless agreed upon request
92. A fee of $10 will apply if you wish to amend or cancel your online Holiday Package. Online payment service charges are also applicable. In addition, the Third Party Travel provider may also charge amendment and cancellation fees in accordance with the terms and conditions agreed between you and the Third Party Travel Provider. In addition, you will be liable for any increase in price resulting from the amendment.
93. All amendment fees must be paid for using the original form of payment.
94. Once you are within 24 hours of date of departure, no amendments can be made.
95. Once you have departed, no amendments are permitted.
96. Any air portion of your online Holiday Package is non-refundable.
97. Please note, for some hotels, once your reservation is confirmed, your reservation may be wholly non-refundable.
98. The refundable portion of your booking price will be refunded less the applicable cancellation fee.
99. You may only cancel your entire online Holiday Package and not any individual component.
100. No refund will be given for unused or partially used Holiday Package components.
YOUR OBLIGATIONS AND WARRANTIES
101. You warrant to us that: (a) you are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third Party Travel Providers of the Travel Products that you acquire; (b) the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process; and (c) you will maintain and promptly update this information to keep it true, accurate and complete.
102. You warrant to us that you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
103. You warrant to us that you will use the Booking, Advisory and Payments Services in accordance with these terms and conditions and you will not use the Booking, Advisory and Payments Services in any way to breach any laws or defame anyone.
THE WEBSITE AND LINKS
104. We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded into this Website. You acknowledge and agree that your continued use of the Booking & Advisory Service is subject to the terms and conditions in force at the time of your use.
105. You acknowledge that the inclusion of links on this Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted.
106. Hotel reviews may be based on independent third party feedback. Reviews from a Verified Partner are reviews from customers that have made a booking through our service provider. We do not guarantee the accuracy of this information.
107. We reserve the right to correct any errors in rates or content quoted or calculated for any Holiday Package, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.
PRIVACY
108. You acknowledge and agree that we may disclose some or all of your personal information as required by third party service providers and legal relevant national authorities.
JURISDICTION AND LAW
109. Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in Scotland. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Scotland in all matters arising out of or in connection with your use of this Website and terms.
DEFINITIONS
"We" and "us" means Eastern and Southern Africa Destinations Ltd, trading as ESAfrican.com online.
"You" means any user of this Website and includes any person who acquires a Travel Product (whether or not the Booking, Advisory and Payments Services were acquired by another person).
"Booking, Advisory and Payments Services " means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, making this Website and any software associated with it available to you, and providing a facility to enter into transactions with us and Third Party Travel Providers (whose details and Travel Products appear on this Website).
"Third Party Travel Provider" means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
"Travel Product" means the service or product provided by a Third Party Travel Provider, for example, an airline or a hotel.
"Website" means this website.
ANNEXURE
TRAVEL TIPS FOR TRAVEL PRODUCTS
These tips are not legally binding terms and conditions.
You should obtain and read the Third Party Travel Provider’s terms and conditions which are legally binding on you.
Passports, Visas and Health Requirements
Visas, including transit visas, are the passenger's own responsibility. Please check with the respective Embassy or Consulate of each country that you are travelling to, as some destinations require visas. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return.
It is your responsibility to ensure that you are aware of any health requirements for your travel destinations.
Travel Advice
We recommend that you contact your national foreign affairs department for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.
Frequent Flyers & Special Requests
For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass.
Special requests will be passed on to the Third Party Travel Provider but cannot be guaranteed.
Last updated 05 October 2015