Terms and Conditions
1.1 Phileas Fogg Travel ( “ Phileas Fogg Travel CC”, “we”, “us” or “our/ourselves”) is an online booking travel agent, (“Agent”). We facilitate transactions between purchasers (“you”) and Travel Service Providers (“TSP”), such as airlines/ hotels/ car hire companies/ tour operators/ cruise companies/ rail operators/ visa service companies/ consulates and embassies/ travel insurance companies/ foreign exchange operators. For each of the various services we provide, tickets and or bookings (“ Services”) are sold to or made for you either by way of our website, or through other ticketing agents.
1.2 Kindly note that by proceeding to purchase Services you agree to be bound by these terms and conditions (“Ticketing Terms”) set out below which terms apply to your purchase of any Service, whether by way of our website or through any other ticketing agents.
1.3 By using the Website, either for browsing purposes, or in order to purchase a Service, you, the user of the Website, agree to be bound by these Terms and Conditions (the “Terms”), as set out bellow.
1.4 Our terms contain provisions to limit our liability, and/or allocate risk or liability to you, or constitute acknowledgement of facts by you. You should pay attention to these terms as they limit your ability to recover losses that you may incur in connection with the use of our services.
2.1 In these Terms the following words and/or phrases will have the following meanings:
2.1.1 “us”, “we” and “our/ourselves” means Phileas Fogg Travel;
2.1.2 “Content” means the information, content, tools or materials included on or otherwise made available to you through the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, as well as the facilities which enable the user to purchase Services and/or view information about Services;
2.1.3 “Electronic Device” means the device used to access the Website, whether this is a personal computer, cell phone, tablet or other device;
2.1.4 “Force Majeure” means any event which Phileas Fogg Travel 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.
2.1.5 “Services” means transactions with Travel service Providers and ……… relates;
2.1.6 “Third party supplier” means airlines, hotels, car hire companies ,tour operators, cruise companies, rail operators, visa service companies, consulates and embassies, travel insurance companies, foreign exchange operators
2.1.7 “Travel” means date of departure of …………………
2.1.8 “Travel Service Provider” means airlines, hotels, car hire companies tour operators, cruise companies, rail operators, visa service companies, consulates and embassies, travel insurance companies, foreign exchange operators.
2.1.9 “Significant change/s” means a change in the departure date from South Africa; where the flight times arechanged by more than 12 hours or a change to a lower standard of accommodation to that which is booked.
2.1.10 “Website” means http://www.phileasfoggtravel.co.za; and
2.1.11 “you”, “user” means the user of the Website, and shall further be deemed to include the holder of an accountand the purchaser of the Services.
PART A: WEBSITE TERMS AND CONDITIONS
1.1 You may not use our Website, but for the following specific purposes.
1.1.1 to browse through the Content of our Website, to view and purchase Services offered by us and/or view information on Services;
1.2 The following actions shall constitute a material breach of these Terms:
1.2.1 your signing in as, or pretending to be, another person;
1.2.2 your transmitting material that will/or is likely to infringe or violate the intellectual property rights of other persons, or the privacy or publicity rights of other persons;
1.2.3 your using interactive services in a way that is intended or likely to harm us, the Website or to other users of the Website;
1.2.4 your gathering information about other persons without obtaining our prior written consent to do so.
1.3 Phileas Fogg Travel reserves the right, without notice and in our sole and absolute discretion, to make changes to any parts of our computer systems. We specifically reserve the right at any time to change or discontinue, without notice, any aspect and/or feature of our services.
1.4.1 Phileas Fogg Travel is committed to protecting your personal information. Your personal information refers to any information that can be used to identify you as an individual, and includes your name, identity number, contact details and bank account information.
1.4.2 By giving Phileas Fogg Travel your personal information, you consent to our use of it in order for us to provide you with services, and personalise your use of our services. We may also use such information to inform you about changes in the services we offer and/or about features we think you would find of interest. We also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you.
1.4.3 You should note that we may monitor and keep records of any communication that you may send to, or receive from our Website, and we may use, publish and disclose such communications for any lawful purpose.
1.5 Proprietary rights (including the trade marks, copyright, intellectual property and patent rights) in our Website, and the content thereof belong to us at all time, and/or our licensors.
1.6 Phileas Fogg Travel makes no representations or warranties of any kind, express or implied, as to the operation of the Website and the Content, unless specified in writing. You expressly agree that you use the Website at your own risk.
1.7 Phileas Fogg Travel does not warrant that the Website, Content, our servers and/or any electronic communications sent by, or from us, are free from viruses or other harmful components, and nor are we liable for any damage arising from said virus or harmful component.
1.8 Phileas Fogg Travel will not be liable for any damage of any kind arising from your use of the Website, or from any Content, including, but not limited to, direct, incidental and/or consequential damage, unless otherwise specified in writing, save in respect of gross negligence.
1.9 Phileas Fogg Travel makes no representations or warranties (other than as expressly stated in writing) about the suitability or correctness of the Content that is included on or otherwise made available to you through the Website, or about the soundness, completeness and accuracy of the Content. Therefore, you agree that you will not hold us liable for any claim of whatsoever nature (including, lawsuits, legal proceedings, damage, costs, interest, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime) arising out of or relating to your use of the Website or any Content that you access on the Website.
1.10The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under our control, and we will not be responsible for any information, content or material on any linked websites, including, without limitation, any link contained in a linked website, or any changes or updates to a linked website.
PART B: TICKET PURCHASING TERMS AND CONDITIONS
1.1 A non-refundable deposit of a minimum of 25% of the total land price together with full payment in respect of the airfare is to be paid to Phileas Fogg Travel within 24 hours of confirmation of your bookings.
1.2 Please note in respect of domestic bookings payment of the airfare must be made within 12 hours of confirmation of your booking failing which the airline shall automatically cancel such booking.
1.3 You will be advised at the time of booking what payment is required for your particular arrangements.
1.4 The balance of the cost of your travel arrangements must be paid no less than six weeks prior to departure. If your booking is made within 6 weeks of departure, the total cost of your travel arrangements must be paid at the time of booking.
1.5 Please note: FAILURE TO PAY ON TIME WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR BOOKING
2. Price Changes
2.1 The costs associated with travel arrangements are not always stable, and currency movements can fluctuate sharply.
2.2 When using our services to make any booking, we reserve the right to pass on any surcharges to you.
2.3 Surcharges may be imposed to cover increases in transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates applied to the particular package.
2.4 Phileas Fogg Travel guarantees the price of land arrangements, only once full payment is received.
2.5 Airfares are subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by Phileas Fogg Travel. The onus is on you to check that there have been no changes in these prices before making final payment thereof.
2.6 Should the client make a group reservation & subsequently the group numbers deviate from the minimum number required for the booking, Phileas Fogg Travel reserves the right to re-cost the price and raise a surcharge. Should any client refuse to accept and pay such surcharge, it may result in cancellation of the booking and forfeiture of all payments made.
3. Methods of Payment
3.1 You may make payment of your order charges, as well as the delivery fees (as applicable), online by providing Phileas Fogg Travel with your credit card details.
3.2 Kindly note that Phileas Fogg Travel the following credit cards online:
3.2.1 Visa; Visa Debit; and
3.2.2 MasterCard; MasterCard Debit. And the following offline: Amex and Diners
3.3 If Phileas Fogg Travel are unable to successfully process your credit card payment for your booking, every effort will be made to notify you and your booking may be canceled.
3.4 Phileas Fogg Travel accepts EFT transfers, alternatively cash deposited into Phileas Fogg Travel‘s bank account, subject to condition that the EFT transmission report or the cash deposit slip is provided to Phileas Fogg Travel, and such payment has been confirmed as received by Phileas Fogg Travel.
4.1 It is strongly advised that you take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment.
4.2 Phileas Fogg Travel will not be responsible or liable if you have failed to take out adequate insurance cover or at all.
4.3 It shall not be obligatory upon Phileas Fogg Travel to effect insurance for the client except upon detailed instructions given in writing and all insurance effected by Phileas Fogg Travel pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or the underwriters accepting the risk.
4.4 Phileas Fogg Travel shall not be obliged to obtain separate cover for any risks so excluded.
4.5 Should the insurers dispute their liability for any reason, you will have recourse against the insurers only.
4.6 Once the insurance has been confirmed and paid for, the client will be issued with a policy document of the insurer, which must be READ BEFORE you initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.
4.7 Please note that various credit card companies offer limited levels of travel insurance, which Phileas Fogg Travel does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain specific details of the cover.
5. Flight and Other Travel Timings
5.1 Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions, the need for constant maintenance, and the ability of passengers to check-in on time. Phileas Fogg Travel makes no guarantee that flights, ferries, ships, trains or coaches will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and Phileas Fogg Travel do not accept any liability for any delay, however arising, or for any schedule alterations.
6. Flight Reconfirmation
6.1 It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys once leaving South Africa, and Phileas Fogg Travel hereby specifically excludes any liability for any delay and/or loss as a result of your failure to reconfirm any flight and/or connecting flight. this may be arranged with airport. However, the courier costs in respect thereof will be for your own account.
7.1 Documents (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the booking price, and signed and completed Booking Form, and will be ready for collection 24 hours after payment has been received.
7.2 Should you require your documents and air tickets to be forwarded to either yourself or the airport of departure this may be arranged with airport. However, the courier costs in respect thereof will be for your own account.
7.3 It is important that you check all details of your travel documents (including your itinerary) before leaving South Africa. If there are any inaccuracies on any of your travel documents, or should you have any further queries, you should contact Phileas Fogg Travel immediately.
7.4 Phileas Fogg Travel will not be liable for any delay and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof and you have left South Africa.
8. Unscheduled Extensions
8.1 In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of Phileas Fogg Travel, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for your account.
8.2 Phileas Fogg Travel accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.
9. Changes by You
9.1 If you wish to make any change/s to your booking Phileas Fogg Travel will endeavour to assist you to make the change/s wherever this is possible.
9.2 You will be liable for all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements when amending a booking any time prior to departure.
9.3 Fares will be re-quoted at the time of amendment.
9.4 After departure it is understood that extra expenses incurred as a result of any change/s will be for your account, and any unused service will not be refunded.
9.5 Amendments and cancellations en route must be made with our operators directly.
9.6 Amendment fees:
9.6.1 Change/s: R250 per passenger;
9.6.2 Hotel Change/s: R250 per booking – for merchant hotel bookings only;
9.6.3 Car Hire Change/s: R250 per booking;
9.6.4 Packages Change/s: R350.
10. Cancellation by You
10.1 If you wish to cancel your booking you must advise Phileas Fogg Travel immediately.
10.2 You will be liable to pay the following cancellation charges:
10.2.1 Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances this may be 100% of the total fare, regardless of when cancellation is effected;
10.2.2 Where your booking is for a package, you will be responsible for all cancellation charges, of whatsoever nature, imposed by the suppliers providing the component parts of such travel arrangements;
10.2.3 Phileas Fogg Travel charges a cancellation fee equal to 10% of the package price on any finalised booking. However, Phileas Fogg Travel reserves the right to charge a cancellation fee of up to 100% of the total package, in its sole discretion, in particular circumstances. Any monies, which you have already paid to us, will be taken by us as payment or part payment of any cancellation charges;
10.2.4 Car Hire Cancellation: R250 per booking.
11. Our Right to Change Your Travel Arrangements
11.1 Should there be a significant change to your travel arrangements Phileas Fogg Travel undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.
11.2 All other changes can be made at any time and, if practicable.
11.3 Phileas Fogg Travel will advise you of any such change prior to departure but are not obliged to do so.
11.4 Such minor changes may be made by Phileas Fogg Travel, in its discretion, who will not be responsible or liable for the payment of compensation to you as a result of such minor changes.
11.5 Every effort is made by Phileas Fogg Travel to adhere to confirmed itineraries; however, Phileas Fogg Travel reserve the right to make changes to your travel arrangements when it becomes necessary to do so.
11.6 Should any travel component be confirmed by Phileas Fogg Travel, and this component is cancelled by the supplier for whatsoever reason, then in such instances Phileas Fogg Travel will accept no liability for the cancellation thereof.
12. Airline Refund Procedures
12.1 Refund policies of the various airlines vary greatly. Tickets returned to Phileas Fogg Travel, will be presented to the relevant airline for assessment.
12.2 Should a refund be authorised, such refund will be made to you, less any cancellation or administration charges.
12.3 If payment for the ticket was made to Phileas Fogg Travel by credit card, the refund will be made to your credit card. Cash payments will be refunded by EFT.
12.4 Partly used tickets will be refunded at less than the pro rata rate on the face value of such tickets.
12.5 Refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by Phileas Fogg Travel
12.6 Unused tickets must be returned to Phileas Fogg Travel for a refund within one year from the date of issue or they will be regarded as expired by the airline and have no refund value.
13. Passports, Visas and Health
13.1 It is your responsibility to ensure that all passports and visas are current, valid, obtained on time and that any vaccinations, inoculations, prophylactics (e.g. for malaria) and the like, where required, have been obtained.
13.2 Passports must be valid for 6 months after return to South Africa.
13.3 Phileas Fogg Travel will endeavour to assist you, however, by doing so Phileas Fogg Travel is not assuming any obligation or liability and you indemnify Phileas Fogg Travel against any consequences of non-compliance.
13.4 It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements. You must ensure that the details supplied to Phileas Fogg Travel by yourself
mirror those details shown on your passport for international travel and ID documents for local travel.
14. Force Majeure
14.1 Except where otherwise expressly stated in these booking conditions, Phileas Fogg Travel cannot accept liability or pay any compensation where the performance or prompt performance of Phileas Fogg Travel‘s contractual obligations are prevented or affected, or you otherwise suffer any damage or loss, as a result of force majeure.
15. Responsibility and Limitation of Liability|
15.1 Phileas Fogg Travel acts as agent only for local and international ground operators and airlines and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising.
15.2 Phileas Fogg Travel 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, Phileas Fogg Travel does 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 errors and omissions of such suppliers. The contract in use by such suppliers (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the supplier and the client and any right of recourse the client may have, will be solely against the supplier.
15.3 You indemnify Phileas Fogg Travel, its associated companies, and its directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising the liquidation of any of Phileas Fogg Travel third party suppliers.
16. The Client and Authority
16.1 The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered.
17. General Information
17.1.1 Phileas Fogg Travel will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
17.2 Special requests
17.2.1 Phileas Fogg Travel can pass on any special requests that you may wish to make at the time of booking, but acceptance of such requests is at the discretion of the airline or other supplier and in no circumstances are special requests guaranteed. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion
of the special request on your confirmation invoice or any other documentation, is not confirmation that the request will be met.
17.3 Medical Problems
17.3.1 If you or any member of your party has any medical problem or disability which may affect your holiday, you need to give Phileas Fogg Travel full details in writing at the time of booking. If Phileas Fogg Travel reasonably feel unable to properly accommodate the particular needs of the person concerned, Phileas Fogg Travel reserve the right to decline their reservation.
17.3.2 Phileas Fogg Travel reserve the right to cancel the reservation should we become aware of any such medical problem or disability which has not been disclosed.
17.4.1 Hotels undergo renovations from time to time and take all possible steps to limit disruption to their guests. Phileas Fogg Travel will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If Phileas Fogg Travel are specifically advised of renovation work, dates may be provided. It is important to remember that these are subject to change and we are not always notified.
18. Jurisdiction of the Magistrate’s Court
18.1 Phileas Fogg Travel, shall be entitled, at its option to institute any legal proceedings arising out of or in connectio with this contract in any Magistrate’s Court having jurisdiction in terms of Section 29 of the Magistrate’s Court A ct N o32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
PART C: GENERAL
1. The above Terms may be amended at any time. Any amendments will be posted on the Website. You shall be deemed to have read and accepted the latest version of the Terms available on the Website whenever you visit the Website, and those Terms shall henceforth apply to your use of the Website. No other terms, whether proposed by you or otherwise, shall be of any effect unless agreed to and signed by us in writing.
2. If any clause of these Terms is found to be defective or unenforceable for any reason by any competent court or applicable authority, that clause will be severable from the rest of the Terms and the remaining clauses shall be and continue to be of full force and effect.
3. Without limiting any provisions pertaining to the resolution of disputes contained elsewhere in these Terms, any disputes between your and ourselves of any nature, arising on any matter provided for in, or arising out of, these Terms and not resolved through our customer relations processes, shall be submitted to an arbitration in terms of the rules of the Arbitration Foundation of Southern Africa, provided that this provision shall not preclude either party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.