HIMELY TRAVEL SERVICES’ LEGAL TERMS AND CONDITIONS 

Application

All Quotations provided by or Bookings made with and/or all services rendered by or on behalf of Himely Travel Services (‘the Booking Agent') are subject to these terms and conditions (‘the Conditions'). 

The Client and authority

The person requesting such Quotations 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 Quotation or Booking is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client').

Third party service providers

The Booking Agent provides Clients with accommodation bookings and/or other services either itself or acting as agents for principals engaged in or associated with the Travel Industry, such as Villa Property Owners (‘collectively referred to as ‘the Principal'). The Booking Agent represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill their obligations, whether in relation to travel arrangements, accommodation bookings or otherwise. The contract in use by the Principal (which is often constituted by the Rental Agreement issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Booking Agent will provide the identity, terms and conditions of all the Principals relevant to the service being provided for the Client's booking. It is the Client's responsibility to familiarize itself with such terms and conditions (‘the Principal's Conditions').

Booking, deposit & reservation

Once the Client has filled in the travel enquiry form on the Booking Agent's Web site, 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 Villa, Apartment, destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements') the Booking Agent, will prepare and provide the Client with an estimated booking cost (online, by hand, telefax or e-mail) (‘the Estimate Booking Cost'). Upon the Client's written confirmation that the facts and information contained in the Estimated Booking Cost is correct, the Booking Agent will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation'). Full payment of the total Quotation (‘the Price') as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking'). The Booking Agent will not confirm any reservation if the full payment has not been received. Once the Booking has been completed, the Client will be supplied with a message that will contain the final details of their Booking (‘the Booking Confirmation Form'). If full payment is not received by the applicable date, the Supplier will automatically cancel the reservations. 

Destination selection

The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the Internet. It also acknowledges that the booking has been compiled and is managed and up-dated by the Principal over which the Booking Agent has no control. Accordingly, the Booking Agent cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such information gleaned from the Internet. Any right of recourse in that regard will be against the Principal.

Payment and payment terms

Himely Travel Services’ Standard Payment Terms are a 50% deposit on booking and the balance of payment at least six weeks prior to arrival. If the payment is not received on time, the booking may be cancelled by the Supplier. Amendment Fees of R500 per amendment will be charged. The payment terms may vary depending on the Individual suppliers; this is advised in the individual Booking Form. Individual Suppliers may have additional charges, which are advised in the Booking Form. All payments are strictly non-refundable. Therefore, clients are advised that it is essential that they have adequate Travel Insurance.

Prices

Prices are quoted in local currency and, where applicable, converted at the daily exchange rate. Until the Booking Agent has received payment of the Price in full, it reserves 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. Should the Client be part of a group booking and the group number deviates from the number required for the Booking, the Principal may reserve 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 the Principal canceling the Booking and retain any payment made (The Booking Agent will be entitled to retain any service fees charged). 

Service Fee

Applicable Service Fees are charged to cover the costs incurred by Himely Travel Services in servicing the Clients travel arrangements. These are indicated on the Booking Form. 

Responsibility

The Proposed Travel Arrangements are made on the express condition that The Booking Agent, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless the Booking Agent, its employees and agents accordingly. The Booking Agent, its employees and agents shall further more not be liable for any indirect and/or consequential loss or damages whatsoever. 

Insurance

It is strongly advised that all Clients 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 (Note that is not an exhaustive list). The Booking Agent will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Booking Agent to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by the Booking Agent pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Booking Agent shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason; the Client will have recourse against the insurers only.  

Travel documents

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full. 

Passports, visas & health

It is entirely the Client's responsibility to ensure that all passports have at least 2 empty pages for Border entry  stamps, 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. Clients are advised to check the requirements with the Booking Agent before traveling. The Booking Agent will endeavor to assist the Client but such assistance will be at the Booking Agent's discretion and the Client acknowledges that in doing so, the Booking Agent is not assuming any obligation or liability and the Client indemnifies the Booking Agent against any consequences of non-compliance. It is the Client's duty to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.

Malaria and other tropical diseases

Certain parts covered by a Client’s itinerary may include areas where there is a high-risk of malaria and other tropical diseases. Himely Travel Services strongly recommends that the necessary precautions be taken in this regard and   that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon their arrival in Africa or any other tropical or sub-tropical destination. 

Late booking & amendment fees

A Late Booking Fee may be charged in respect of bookings received within 4 working days prior to the departure date. This charge is levied to cover communication expenses involved. An amendment fee per booking may be levied for any changes to the confirmed itinerary; this will be indicated on the Booking Form. 

Cancellation

In the event of Client canceling the Booking, the Booking Agent shall have the right either to claim an amount, or to retain an amount of the payment and claim damages suffered by the Booking Agent. The Principals may reserve the right to cancel any service before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Booking Agent. The Booking Agent will charge a fee for processing the request for refund. (Clients should also refer to the cancellation provisions contained in the Principal's Conditions or Web site. Principals may charge cancellation fees over and above those stated below): 

Unscheduled extensions

In the unlikely event of there being unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Booking Agent, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client's account. 

Tour Itinerary variations & transfers

While every effort is made to keep to the final itinerary, Principals and/or the Booking Agent reserves the right to make changes for the Client's convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client's duty to check each amendment to the itinerary and also to sign the final one. 

Law & jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Booking Agent The Booking Agent shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. 

Conduct

The Client agrees that he/she will at all times comply with the Booking Agent's or others' requirements concerning his/her conduct and he/she will not in any way constitute a nuisance to any other neighbor, guest or passenger.

Special requests

Clients, who have special requests, must specify such requests well in advance of arrival. The Booking Agent will use its best endeavors to accommodate such requests; it does not guarantee that it will be able to comply.

Amendments

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of the Booking Agent. 

Refunds

No refunds will be considered in any circumstances whatsoever by the Booking Agent. Refunds by the Principals will be subject to their terms and conditions. 

Limitation of liability

The Booking Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim for any loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Booking Agent. whatsoever, unless such claim is due to the gross negligence of the Booking Agent and such claim is lodged in writing with the Booking Agent within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R10,000-00 per Client per Booking and under no circumstances will the Booking Agent be liable for any indirect or consequential loss or damage. 

Legal fees

The Client will be liable for all legal fees on an attorney and own client scale in the event that the Booking Agent has to engage a lawyer to enforce any of its rights or otherwise.

Confidentiality

Subject to statutory constraints or compliance with an order of court, the Booking Agent undertakes to deal with all Client information of a personal nature on a strictly confidential basis. 

Confirmation of travel arrangements:

Arrival details must be reconfirmed by the Client 72 hours prior to commencement of service. 

Entire contract

The Conditions constitute the entire terms of the relationship between the parties. There exists no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Booking Agent or otherwise that is not included herein. 

Intellectual property

The Web site www.africandreamvillas.com is owned Himely Travel Services. The domain name is registered in the name of Himely Travel Services. All intellectual property rights in and to the aforementioned is invested in the owner as indicated. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of Himely Travel Services. 

Copyright and trademark notices

All contents of this Web site are: ©2009 Himely Travel Services, Suite 124 Private Bag X7, Seapoint 8060, Republic of South Africa. All rights are reserved. Product and company names mentioned herein may also be the trademarks of their respective owners. 

Changes

Himely Travel Services may create, modify, or delete the terms and conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client's subsequent viewing or use of this Web site will constitute the Client's agreement to the changes, deletions and modifications. 

Modification of these terms and conditions

Himely Travel Services reserves the right to change the terms, conditions, and notices under which this Web site is offered and the Client agrees to accept and be bound by those terms, conditions, and notices that are in effect at the time of the Client's use of Himely Travel Services’ Web site and facilities. 

Access and use

This Web site is offered to the client on condition that the client accepts, without modification, the terms, conditions, and notices contained herein. The client's use of this Web site constitutes the client's agreement to all such terms, conditions, and notices.

Access to and use of the Web site is entirely at user's risk.

Himely Travel Services may discontinue or suspend the Web site at any time without notice, and it may block, terminate or suspend any user's access at any time for any reason in its sole discretion, even if access continues to be allowed to others. 

Personal and non-commercial use limitation

This Web site is for the Client's personal and non-commercial use. The content and information on this Web site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Himely Travel Services or its suppliers and providers. Accordingly, as a condition of using this Web site, the Client agrees not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While the Client may make limited copies of the Client's travel itinerary (and related documents) for travel or services purchased through this Web site, the Client agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, whether or not the Client has a commercial purpose, the Client agrees not to: access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Himely Travel Services; violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site; take any action that imposes, or may impose, in the discretion of Himely Travel Services, an unreasonable or disproportionately large load on the Himely Travel Services infrastructure; or deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Himely Travel Services. 

Liability disclaimer

The information, software, products, and services published on this Web site may include inaccuracies or typographical errors. In particular, Himely Travel Services does not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the Villas, Apartments, Hotels and other travel products displayed on this Web site (including, without limitation, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.

Product star ratings displayed on this Web site are intended as only general guidelines, and Himely Travel Services does not guarantee the accuracy of the ratings.

Changes are periodically added to the information herein. Himely Travel Services and/or their respective suppliers may make improvements and/or changes on this Web site at any time.

Himely Travel Services, and/or their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose, and the inclusion or offering for sale of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by Himely Travel Services all such information, software, products, and services are provided "as is" without warranty of any kind. Himely Travel Services and/or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The Villas, Apartments, Hotels and other suppliers providing travel or other services for Himely Travel Services, are independent contractors and not agents or employees of Himely Travel Services, or its affiliates.

Himely Travel Services is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof.

Himely Travel Services and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

In no event shall Himely Travel Services and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even if Himely Travel Services and/or their respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Client. 

Travel destinations

By offering for sale travel services in certain international destinations, Himely Travel Services does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations. 

Indemnification

The Client agrees to defend and indemnify Himely Travel Services and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by the Client or on the Client's behalf in excess of the liability described above; or by third parties as a result of the Client's breach of these Web Site Terms, Conditions and Notices or the documents referenced herein; the Client's violation of any law or the rights of a third party; or the Client's use of this Web site. 

No unlawful or prohibited use

As a condition of the Client's use of this Web site, the Client warrants that the Client will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. 

Links to other web sites

There are links on this Web site, which allow a user to visit the sites of third parties. Himely Travel Services control neither these sites nor the companies to whom they belong and Himely Travel Services makes no representations and gives no warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Himely Travel Services' inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Himely Travel Services has not tested and makes no representations regarding the correctness, performance, or quality of any software found at any such sites. The Client should research and assess the risks, which may be involved in accessing and using any software on the Internet before using it. The Client is deemed to indemnify Himely Travel Services against any claims for loss or damage arising from the client use of or of information gained from or from accessing any such linked sites.  

Applicable law

The use of this Web site is subject to the Himely Travel Services Standard Terms and Conditions and specifically subject to South African law and the jurisdiction of South African courts. 

General

This agreement is governed by the laws of South Africa. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

The client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and Himely Travel Services as a result of this agreement or use of this Web site.

Himely Travel Services' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Himely Travel Services' right to comply with law enforcement requests or requirements relating to the Client's use of this Web site or information provided to or gathered by Himely Travel Services with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. 

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and Himely Travel Services with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Himely Travel Services with respect to this Web site. Any rights not expressly granted herein are reserved. 

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