Terms of use
Please carefully read the following terms of use and disclaimer before using the pulseafrica.co.za web site. By using our web site, you agree to these terms of use. If you do not agree to these terms of use, you may not use this site. Our website reserves the right, at any time, to modify, alter or update these terms of use, and you agree to be bound by such modifications, alterations or updates from the time they are posted on our web site. It is your responsibility to check the terms of use periodically.
Pulse Africa Terms and Conditions
1. CONTRACT
To make a firm booking and contract with Pulse Africa (Pty) Ltd (the Company) a completed and signed booking form (the Booking Form) is required together with a 30%** deposit of the value of the quoted holiday (the Holiday Price). Upon receipt of this signed booking form and deposit, a valid and binding contract is made between the Company and you the client, with the balance of payment due six (8) weeks before the departure date of the quoted holiday (the Departure Date) . If both are not received, we reserve the right to cancel the arrangements and levy cancellation charges in line with clause 4. When the booking is made less than eight weeks before travel, full payment of the invoice must be made. Tickets and other documents will normally be sent to you 10-14 days before the Departure Date. In some instances, you may receive supplementary tickets and documents on arrival in the country of destination from our ground operators.
**A few of the suppliers we work with request a 50% deposit to confirm a booking. Should this affect you, your deposit amount will be adjusted accordingly.
2. PRICES AND SURCHARGES
No surcharges will be imposed on the Holiday Price less than 30 days before your departure, nor if you have paid in full. Before this time, we may be obliged to apply surcharges in the event of a variation of the exchange rate used (see below), fuel or airport surcharges or governmental taxes in which event we will send you an amended invoice. Failure to pay the surcharge will result in your booking being cancelled (see 4b). If the surcharge means payment of more than 25% of the Holiday Price, you are entitled to cancel your holiday with a full refund. However, please note that certain air tickets may require payment in full upon booking depending on the applicable fare rule. If you wish to cancel, the Company must receive written notice of cancellation within 7 days of the date of the amended invoice. Please note that the Holiday Price excludes interalia airport departure tax and any expenses of a personal nature and gratuities.
3. CHANGE IN BOOKING
a. BY YOU
If you wish to change your booking in any way after the Booking Form has been received by us, we will do our best to accommodate the changes but no promises or guarantees can be given in this regard. However, an amendment fee of R500.00 or equivalent may be charged for each alteration made per booking within 6 weeks of the Departure Date.
b. BY US
Where a change is a minor change, we will do our best to advise you before the Departure Date, but we are not obliged to do so or to pay you compensation.
When a change is a major change (and a major change is either an alteration to your flight time by more than 12 hours, or a reduction in standard of accommodation or a change in destination) we will advise you as soon as is reasonably possible. You will then have the choice of accepting the change, taking an alternative holiday (if a lower price, we will refund the difference; if an increase in cost, you will pay the difference) or withdrawing from the contract. If you withdraw from the contract, we shall endeavour to obtain refunds on your behalf from our suppliers but are not under any legal obligation to refund you ourselves.
In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation per person (excluding children under 2) is payable as follows:
More than 60 days prior to travel – zero
30 – 60 days prior to travel – R300.00 (Or equivalent)
15 – 30 days prior to travel – R500.00 (Or equivalent)
0 – 15 days prior to travel – R750.00 (Or equivalent)
4. CANCELLATION OF BOOKING
a. BY YOU
Cancellation of a holiday or any part of the holiday must be in writing and the following charges will be imposed after a deposit is paid:
Notification more than 8 weeks prior to departure – loss of deposit
More than 5 weeks before departure – 50% pp
More than 3 weeks before departure – 75% pp
Up to 3 weeks before departure – 100% pp
Certain of our suppliers have stringent cancellation policies; in the unlikely event we are forced to adhere to them, we will be obliged to hold you liable for these charges. These charges will be additional to the above charges. Notwithstanding the previous sentences, the above are worse case scenarios and in all cases, we will try and award clients further refunds and try to resell the package/accommodation as appropriate. The above figures do not apply to group cancellations (over 10 pax), cancellation terms for which are available on application.
b. BY US
The Company will do its best to ensure all services run smoothly after you have departed on your holiday but very occasionally we may, for reasons of “force majeure” and any other circumstances beyond our control (see below), be forced to change or terminate your contracted services after departure but before the schedule end of your time away. This is extremely unlikely but, if this situation does occur, we regret we will be unable to make any refunds unless we obtain refunds from our suppliers or meet any costs or expenses you incur as a result.
We will not cancel a holiday other than for reasons above (see 3b), or unless you default in the payment of the balance. If we cancel your holiday because you fail to pay the balance due 8 weeks prior to date of departure, you will forfeit your deposit.
5. FORCE MAJEURE and Liability
Pulse Africa cannot accept liability or pay any compensation where the performance of any of our contractual obligations in whole or partially is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service (s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, armed aggression, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar
events outside our control.
6. Communications and notices:
Any special communication or notices in terms of this agreement / booking will be communicated in the language in which this agreement is written. Such communication/ notices must be clearly communicated separately from other communications and acceptable to be delivered to the respective parties’ email addresses.
7. Domicilium
The domicilium citandi executandi for each party is defined as each parties’ respective email addresses.
8. INSURANCE
It is a condition of travel with the Company that clients obtain cover for cancellation, medical and repatriation insurance as soon as a deposit has been paid. We reserve the right to request proof of this insurance prior your departure on your tour and to cancel your holiday arrangements if you do not show proof of said travel insurance. The Company also strongly recommends you take out adequate insurance cover for such items as loss of or damage to baggage and replacement of travel documents. The Company is by law not entitled to discuss insurance cover with you and recommend that you do this with your insurance broker.
9. THE RESPONSIBILITIES OF THE CLIENT
a. A valid passport is required for all foreign holidays. Your passport must be VALID for at least 6 months, and have three clear pages for visas/stamps. Visas are sometimes required for certain passport holders and, if they are, we will advise you. It is, however, your responsibility to double check relevant requirements and recommendations before departure to ensure that you comply with them and take with you the correct documentation for the country/countries that you are visiting. To this end, we will provide you with Pre Departure Information for the country/ies you are visiting and we urge you to read this carefully.
b. We strongly recommend you review the current travel advice to be found at www.gov.uk/foreign-travel-advice if you live in the UK or https://www.state.gov/travel/ if you live in the USA, or the foreign office in your country of residence before booking. Please ensure you remain up to date with this advice before travelling.
10. PERSONAL SAFETY
As with most parts of the world, some urban and central areas in Africa have higher crime rates than safety advice. Certain medical requirements apply when travelling in Africa – please contact us for advice as to the correct inoculations required for the country/ies being visited. Anti-malaria precautions are generally essential when travelling. However, any such advice will be given as broad guidelines based on the advice we’ve gleaned from inter alia foreign embassies, consulates and travel and tourism advisories and we do not and cannot guarantee the accuracy thereof.
11. CONDITIONS OF CARRIAGE
Air travel is normally by the services of International Air Transport Association member airlines. The responsibility of IATA airlines in connection with tours organised by the Company is limited to the carriage of passengers and their baggage in accordance with the conditions of carriage of the participating airlines. Passengers are conveyed by other carriers under the terms and conditions set out in their passage tickets and the Company is exempt from liability for loss, damage, injury, death or personal liability with regard to such tickets. It is strongly advised that passengers familiarise themselves with such ticket conditions well before the Departure Date, including the time allowed for connecting flights.
12. COMPLAINTS PROCEDURE
The Company will make every effort to make your holiday enjoyable and as trouble free as possible. If you are in any way dissatisfied with any aspect of the tour arrangements, you must immediately (and in any event not less than 24 hours from the time the cause or event that gave rise to the complaint occurred) notify the relevant supplier and/or the Company on the numbers given below.
Pulse Africa (Pty) Ltd PO Box 522988, Saxonwold, 2132, South Africa
Tel +27 11 325 2290 Fax +27 11 325 2226
E mail: info@pulseafrica.com
If you feel that a complaint has not been dealt with satisfactorily, please write to us as soon as possible, and no later than 14 days after your return home.
13. YOUR SECURITY
The Company is a member of the following travel associations and ascribe to their respective codes of conduct. ATTA (Advancing Tourism to Africa), APTA (Association of the Promotion of Travel to Africa) and SATSA (Southern African Tourism Association). In addition, the Company acts as a retail agent for various IATA members, which covers your rights for the ticketed portion of your holiday (see “Conditions of Carriage” above).
14. LIABILITY
a. We accept responsibility for ensuring that your travel arrangements are supplied as described, and for the negligent acts and omissions of our employees, agents, sub-contractors and suppliers. Our liability in all cases shall be limited to the lesser of the cost of the Holiday Price or the provisions of any relevant International Conventions. The Company will however under no circumstances whatsoever and howsoever arising be liable for any consequential, indirect or economic loss whatsoever, unless section 61 of The Consumer Protection Act is applicable
b. Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements with us, we accept responsibility unless there has been no fault on our part or those of our suppliers, agents, employees or sub-contractors or if it is due to unusual or unforeseeable circumstances or events which we, nor our agents, employees, sub-contractors or suppliers could have anticipated or avoided.
c. Our acceptance of liability above is conditional upon your following the procedures for the notification of complaints set out in clause 10.
15. FLIGHT DELAYS OR CANCELLATIONS
Notwithstanding Clause 11 above, there is no guarantee that flights will depart at the time specified and the Company does not have any liability to you for any delay which may arise. Where such a delay does arise, we will use our best endeavours to arrange for the air carrier to provide appropriate meals and accommodation, but will not make such arrangements at any cost to ourselves. Notwithstanding clause 3b, flight schedules and cancellations causing delays in excess of 12 hours give no right to refund if the Company has no reasonable opportunity to provide an acceptable alternative.
16. CHARTER FLIGHTS
Charter rates are usually based on a minimum of two passengers. Should you be travelling alone, a single traveller surcharge will be levied against all charter costs. Some charter rates are based on a ‘seat on charter’ rate. This means that in order to maximise the use of their aircraft, the charter company may have other people on board the plane and you may stop to collect or drop off other passengers en route to your destination. Should you require a private charter, we can arrange this at an additional cost.
On all charter aircraft there is a luggage restriction of between 10 and 15 kg excluding a reasonable amount of camera equipment. This is strictly adhered to in the interests of safety.
17. EXCHANGE RATES
Exchange rates used will be detailed on each specific quote when applicable.
18. CONSUMER PROTECTION ACT
The CPA, section 49 requires us to bring to your attention certain aspects and risks of the Company’s Terms and Conditions. We have done this by means of text highlighted in bold and in italics.
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