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These general terms and conditions (‘General Terms’) apply to the provision of all services provided by Gold Travel (Proprietary) Limited registration number 2005/042999/07, trading as Gold Travel (‘Company’, ‘Travel Agent’, ‘Gold Travel’, ‘we’, ‘us’ or ‘our’) to the receivers of the services (‘Client(s)’, ‘you’ or ‘your’ as the context may require) from time to time (‘the Services’)
Before you engage our services, you must read, agree with, and accept all of the terms and conditions contained in these General Terms, read with any individual service terms applicable to the Services you wish to procure (‘Service Terms’), our Privacy Policy and our Website Terms accessible at www.goldtravel.co.za (‘Website’). These General Terms, the relevant Service Terms (if any), our Privacy Policy and Website Terms and conditions and any provisions set out in the relevant quotation or form we give you to complete (whether in hardcopy or electronic format) constitutes a legal contract (the “Agreement”) between you and us Please ensure that you have read and understood these terms and conditions prior to confirming your travel with us. You should print or save a copy of these General Terms, the Service Terms and any documentation we have you complete for your future reference.
These General Terms may apply to persons who are consumers as contemplated by the Consumer Protection Act No. 68 of 2008 (as amended) (‘the CPA’).
1.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
1.2.1. May limit the risk or liability of the Company or a third party; and/or
1.2.2. May create risk or liability for you; and/or
1.2.3. May compel the you to indemnify the Company or a third party; and/or
1.2.4. Serve as an acknowledgement of a fact by you.
1.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
1.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you prior to you confirming your travel with us.
1.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either party in terms of the CPA.
Who we are: We are a South African travel consultancy with over 40 years’ experience in the travel industry and we specialise in corporate travel services.
2.2. Legal nature: We are a private company duly registered and incorporated in terms of the laws of the Republic of South Africa under registration number 2005/042999/07.
Our principal place of business is No 11, Belvedere Mews, Belvedere Street, Durbanville, Cape Town, Western Cape Province, South Africa.
2.3. Purpose of these General Terms: These General Terms govern the relationship between us and each Client, regardless of the individual Service the Client has procured. Purpose of Service Terms: In addition to these General Terms, each Service we offer to you may be subject to its own additional set of Service Terms, which are specific to such Service. Your use of a Service will be governed by the Service Terms applicable to such Service read with these General Terms and the additional documents comprising the Agreement.
2.5. Legally Binding Contract: The Agreement will become a legally binding when you accept our quotation. By accepting our quotation you are regarded as having read and agreed to all the terms of these General Terms, the relevant Service Terms, our Privacy Policy and our Website Terms, including the parts in bold. If you do not agree to be bound by the terms and conditions of these General Terms, our Privacy Policy, Website Terms or relevant Service Terms, you should not procure our Services.
3.1. We provide travel and/or other services either acting by ourselves or acting as agents for third parties engaged in or associated with the travel industry, for example airlines. We represent the third parties as agents only; accordingly we accept no liability for any loss, damage, injury, illness, harm or death which any you may suffer as a result of any act or omission on the part of or the failure of the third party to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company.
3.2. The contract sign by and/or in use between yourself and the third party shall constitute the sole contract between you. Consequently, any right of recourse that you may have, will be solely against the third party and not us. To the extent that it is reasonably possible we will provide the identity and terms and conditions (or access thereto) of all the third parties relevant to the service being provided to you in respect of your booking. It is your responsibility to familiarise themselves with such terms and conditions.
3.3.1. Vehicle Hire: Please be advised that the agreements/contracts applicable to the hire of vehicles are often onerous and may include provisions that limit or restrict liability. Please ensure that you have read and understood the terms and conditions before signing and accepting same.
3.3.2. Air Tickets: Please be advised that the agreements/contracts can be both complex and onerous, and may include provisions that limit or restrict liability. Please ensure that you have read and understood the terms and conditions before purchasing your ticket. Please ensure that you consult us about refunds for unused tickets as strict deadlines ordinarily apply.
4.1. Once the Client has filled in the travel enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) the Travel Agent will prepare and provide the Client with an estimate (by hand, telefax or e-mail) (‘the Estimate’). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of these Conditions by the Client via email, the Travel Agent will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’). All confirmed reservations are to be paid by credit card within 24 hours of confirmation sent to the client of such a reservation been made and where applicable the client having issued a Purchase Order Number.
4.2. Kindly not that we will not confirm any reservation if a client email confirming the Quotation is not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of your Booking (‘the Booking Confirmation Form’), which is accepted as correct unless the Client queries such a booking within 24 hours of receiving such a confirmation.
4.3. In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations.
The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or seen on the internet. It also acknowledges that such brochures and/or the Internet have been compiled and are managed and updated by a third party and not by us. Accordingly we do not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the information derived from the internet. It is expressly agreed that you will have no recourse against us in this regard.
6.1. If the final payment is not received on time it may result in us having to cancel the Booking. Late payment may also result in cancellation of the reservation by the third party travel service provider.
6.2. Credit card payments are subject to due completion of and upon the terms and conditions specified in our credit card authorization form.
7.1. Prices are quoted at the prevailing daily exchange rate. Until such time as we have received payment of the Price in full, we reserve the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment.
However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as Value Added Tax). However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by us.
7.2. Should you form part of a group booking and the number of group members deviate from the number stipulated for the Booking, we reserve the right to adjust the Price accordingly. Please be advised that should you refuse to accept and pay the adjusted price, it may result in us cancelling the Booking and retain the service fees charged.
8.1. IN NO EVENT SHALL GOLD TRAVEL IT’S, AFFILIATES, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAYUP, OUR PARENT, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES).
8.2. OUR SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, TACIT OR STATUTORY. GOLD TRAVEL, OUR AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF GOLD TRAVEL OR OUR AFFILIATES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
9.1. We recommend that you procure adequate travel insurance cover, amongst other things, cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment.
9.2. We will not be responsible or liable if the Client fails to take adequate insurance cover at all. It shall not be obligatory for us to effect insurance for the Client except upon detailed instructions given in writing.
9.3. All insurance effected by us pursuant to such written instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and we shall not be obliged to obtain separate cover for any risks so excluded.
9.4. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. Please be advised that policy documents are often complex and it is incumbent on you read and understand the terms and conditions contained therein before you initiate your travel so that you can address any queries you may have to the insurer prior to departure.
9.5. Please note that various credit card companies offer limited levels of travel insurance, which may be insufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
Please be advised that your travel documents are only prepared and released on receipt of payment of the Price in full. Please be advised that it is your responsibility to ensure that the information reflected on the travel documents are correct. Please ensure that check the information reflected on your travel documents as soon as is reasonably possible and that you inform us of any inaccuracies timeously in order that we can attempt to remedy same.
11.1. It is your responsibility to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
11.2. Please check the requirements with us before travelling. We will endeavour to assist you but such assistance will be at our discretion and you hereby acknowledge that in doing so, we are not assuming any obligation or liability in this regard and the you do hereby indemnify us against any consequences of non-compliance.
11.3. It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements. Please note that all visitors to South Africa and all clients who are travelling from South Africa to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued. However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The client must ensure that the details supplied to the Travel Agent mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 months after your scheduled return to South Africa.
11.4. Non South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure.
12.1. In the event that you cancel the Booking, we shall have the right to charge a service fee to cancel such a booking and claim any damages we may have suffered as a result of your cancellation.
12.2. The third party travel service provider reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to you without any further obligation on our part.
12.3. The cancellation fee, which may be imposed in the event of a Client cancelling will be in accordance with our schedule of fees.
12.4. Please be advised that you should ensure that you have read and understood the cancellation provisions applicable to each of the third party travel service providers that may be applicable to your booking as they may charge cancellation fees over and above in addition to those stipulated herein.
12.5. Some airfares, once issued, are non-refundable.
In the unlikely event of there being unscheduled extensions to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond our control, it is understood that expenses relating to these unscheduled extensions will be for your account.
14.1. While every effort is made to keep to the final itinerary, we reserve the right to make changes should the need arise for us to do so.
14.2. An alteration in the itinerary and this does not constitute any reason for a refund.
14.3. It is your duty to check each amendment to the itinerary and also to sign the final one.
14.4. While it is possible to break away from the itinerary, it is understood that such breakaways will be for your account.
15.1. BREACH AND TERMINATION RESULTING FROM BREACH: In the event that either Party (‘the Defaulting Party’), –
15.1.1. Commits any breach of any of its obligations in terms of this Agreement, and in the case of a remediable breach, fails to remedy that breach within 5 (Five) business days (or such longer period as may be agreed by the Parties) of receipt of a notice requiring that the breach be remedied;
15.1.2. Commits an act of insolvency, be placed under business rescue or be wound-up (whether provisionally or finally);
15.1.3. Compromises with any of its creditors or endeavours or attempts to do so;
15.1.4. Has made any incorrect or untrue statement or representation in connection with this Agreement, or its financial affairs, or any particulars thereof;
15.1.5. In the case of the Licensee, does or suffers to be done anything which might prejudice the Licensor’s rights in terms of this Agreement, or which might cause the Licensor to suffer any loss or damage, or allows the Payment Solution to be attached under any legal process issued against it; and
15.1.6. Ceases or threatens to cease to carry on business or suspends payment of all or substantially all of its debts or is unable to pay its debts as and when they fall due, then, subject to the remainder of the content of this Agreement, the other Party (‘the Innocent Party’) shall, without prejudice to any of its rights and remedies at law or in terms of this Agreement be entitled to cancel this Agreement and claim damages from the Defaulting Party.
15.2. Subject to the remainder of the content of this Agreement, the termination of this Agreement, for whatever reason, shall not affect the rights of either of the Parties at law or in terms of this Agreement –
15.2.1. that may have accrued before the termination of this Agreement; or
15.2.2. which specifically or by their nature survives the termination of this Agreement.
15.3. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16.1. You agree that we may give you notice about in respect of this Agreement and any ancillary matter electronically and in the manner described in our Electronic Communications Delivery Policy. Any electronic communications will be considered to be received by you within 1 hours after the time we post it to our website or email it to you.
16.2. Unless the contrary is expressly stated in our Electronic Communications Delivery Policy, or this Agreement, notice to Gold Travel must be hand delivered or set via registered post to No 11, Belvedere Mews, Belvedere Street, Durbanville, Cape Town, Western Cape Province, South Africa or sent via email to konrad@goldtravel.co.za.
16.3. In order to contact you more efficiently, we may at times contact you using calls or text messages at the telephone number(s) you have provided us. We may place such calls or texts to
(i) provide notices regarding your Account or Account activity,
(ii) investigate or prevent fraud, or
(iii) collect a debt owed to us. You agree that we and our service providers may contact you using autodialled or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service providers will not use autodialled or pre-recorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent.
16.4. You understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes.
16.5. You acknowledge, understand and further agree that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone call will be retained or retrievable from us.
17.1. STATUS OF AGREEMENT: This Agreement supersedes and replaces any and all agreements between the Parties and undertakings given to or on behalf of the Parties in relation to the subject matter hereof.
17.2. CONTINUATION OF CERTAIN RIGHTS: The expiration, cancellation or other termination of this Agreement shall not affect those provisions of this Agreement which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
17.3. WHOLE AGREEMENT: This Agreement constitutes the entire agreement between the Parties as to the subject matter hereof and save as may be expressly set out herein, no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein are binding on the Parties.
17.4. LENIENCY: No indulgence, leniency or extension of time which any Party may give or allow to the other Party in respect of the performance of any obligation hereunder, shall in any way prejudice the Party giving or allowing the indulgence, leniency or extension or preclude such Party from exercising any of its rights an enforcing the obligations of the other Party in terms of this Agreement.
17.5. NON-VARIATION: No addition to, alteration, cancellation, variation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the Parties or their duly authorised representatives.
17.6. SEVERABILITY: Each of the provisions of this Agreement is separate and severable and enforceable accordingly. If any such term or condition is or becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition contained in this Agreement.
17.7. CESSION OF RIGHTS: You shall be entitled to cede, assign or delegate any of his rights and/or obligations in terms of or arising from this Agreement to any third party without the prior written consent of Layup.
17.8. FORCE MAJURE: Neither Party shall have any liability whatsoever to the other Party or be deemed to be in default of this Agreement as a result of any delay or failure in performing its obligations in terms of this Agreement to the extent that any such delay or failure arises from causes beyond the control of such Party, including but not limited to acts of God (including flooding and earthquakes), acts or regulations of governmental nature or supra national authority, war or national emergency, accident, fire, riot, strikes, lockouts and industrial disputes, provided that such Party shall give prompt notice to the other Party of such occurrence and shall make all reasonable efforts to eliminate the effect thereof to the extent possible.
17.9. GOVERNING LAW: This Agreement shall be governed by the laws of the Republic of South Africa.
17.10. RULES OF INTERPRETATION:
17.10.1. Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the Signature Date, and as amended or substituted from time to time.
17.10.2. If any provision in a definition is a substantive provision conferring a right or imposing an obligation on either Party then, notwithstanding that it is only in a definition, effect shall be given to that provision as if it were a substantive provision in the body of this Agreement.
17.10.3. Where any term is defined within a particular clause other than this clause, that term shall bear the meaning ascribed to it in that clause wherever it is used in this Agreement.
17.10.4. Where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is not a business day, the last day shall be deemed to be the next succeeding day which is a business day.
17.10.5. Reference to days (other than a reference to business days), months or years shall refer to calendar days, months or years, as the case may be.
17.10.6. Any term which refers to a South African legal concept or process (for example, without limiting the foregoing, winding-up or curatorship) shall be deemed to include a reference to the equivalent or analogous concept or process in any other jurisdiction in which this Agreement may apply or to the laws of which a party may be or become subject.
17.10.7. Any word, term or expression defined in this Agreement shall bear the same meanings in any annexure hereto, unless it contains its own definition or the context indicates otherwise.
17.10.8. The use of the word “including”, “includes” or “include” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example(s).
17.10.9. The contra proferentem rule of interpretation shall not apply to this Agreement.
18.1. Full Name: Gold Travel (Proprietary) Limited, a private company with limited liability duly registered and incorporated in accordance with the company laws of the Republic of South Africa with registration number 2005/042999/07.
18.1.1. Main Business: Travel Consultancy.
18.1.2. Registered Address: No 11, Belvedere Mews, Belvedere Street, Durbanville, Cape Town, Western Cape Province, South Africa.
18.1.3. Director(s): Konrad Laker
18.1.4. Phone Number: 021 975 6907
18.1.5. Email Address: konrad@goldtravel.co.za
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