Standard Terms and Conditions of Contract for Travelstart Online Travel Operations Pty Ltd.
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Travelstart Kenya Ltd., a Kenyan subsidiary of Travelstart Online Travel Operations Pty Ltd. ('collectively the Travel Agent') are subject to the terms and conditions ('the Conditions'), as set out below.
Travelstart Online Operations (Pty) Ltd, located at Longkloof Studios, Block B, Darters Roads, Gardens, Cape Town, 8001, South Africa is part of the Travellab Group, located at Sebbarp Kvarnhem, 24033, Löberöd, Sweden.
The Client and Authority
The person requesting quotations or estimates or making a booking or to whom any services are 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 (collectively referred to as 'the Client(s)').
Third Party Service Providers
The Travel Agent provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (collectively referred to as 'the Principal'). The Travel 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 or otherwise. The contract in use by the Principal (which is often constituted by the ticket 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 Travel Agent will provide the identity, terms and conditions of all the Principals if so requested by the Client relevant to the service being provided for the Client's booking. It's the Client's responsibility to familiarize themselves with such terms and conditions ('the Principal's Conditions').
Booking Enquiries & Reservations
Once the Client has filled in all applicable fields to initiate an enquiry regarding a particular destination, trip, tour or mode of travel on the Travel Agent's website www.travelstart.co.ke ('Website'), or has responded to an advertisement verbally or in writing, via e-mail or the internet or has, without reference to any of the aforesaid, asked for more details telephonically (collectively referred to as 'the Enquiry'), the Website, or the Travel Agent will prepare and provide the Client with an estimated cost of the Enquiry (online, by e-mail or telephonically) ('the Estimate'). This Estimate is accepted by the Client when the Client proceeds with the steps as specified on the Website or accepts the Estimate verbally over the phone or via email. Full payment of the total value of the Estimate ('the Price') as specified in the Estimate is required in order to confirm reservations with Principals ('the Booking'). Once the online Booking or Booking affected by the Travel Agent has been completed and the Client has authorized Travelstart to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of their Booking ('the Booking Confirmation Form'). In the case of air tickets, full payment for the Booking needs to be made by midnight Kenyan time on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
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 internet booking has been compiled and is managed and up-dated by the Principal over which the Travel Agent has no control. Accordingly the Travel Agent cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such advertised on the internet. Any right of recourse in that regard will be against the Principal.
Payment and Payment Terms
The full payment is due immediately by Visa, Master Card, American Express or JCB, Electronic Funds Transfer or Cash Deposit at a bank, whichever is applicable. If the full payment is not received by midnight Kenyan time on the day that the Booking was made, the Travel Agent or Third Party Service Provider (as the case may be) involved reserves the full right to cancel the Booking. In the event that payment has been made after the aforementioned deadline, the Client will be liable for any difference in price should the Client still want to proceed with the Booking at the higher price.
Travelstart Kenya Ltd. is a Kenyan company and all transactions are processed in Kenyan Shillings or United States Dollars. All payments shall therefore be made in the equivalent local currency in accordance with the prevailing conversion rate as published from time to time by the Agent. Therefore conversion charges may be levied by your merchant bank if payment is made from another country and/or in another currency other than Kenyan Shillings or United States Dollars. This fee is driven by the global treasury of the applicable credit card and is impacted by the change in daily exchange rates.
Prices are quoted at the ruling daily exchange rate. Until the Travel 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. Airfares are subject to the price and conditions quoted by the airlines. However, once payment of the Price in full has been received, the Price is guaranteed provided that the payment was made by midnight on the day that the Booking was made. Should the Client be 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 Principals cancelling the Booking and retaining any payment made. (The Travel Agent will be entitled to retain any service fees charged).
These fees cover the costs incurred by the Travel Agent in booking and servicing your travel reservation.
The Proposed Travel Arrangements are made on the express condition that the Travel 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 Travel Agent, its employees and agents accordingly. The Travel Agent, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
It is strongly advised that all Clients take out adequate insurance cover in order to cover instances 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 Travel Agent will not be responsible or liable if the Client fails to take adequate insurance cover. It shall not be obligatory upon the Travel Agent to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by the Travel 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. The Travel 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. Please note that various credit card companies offer limited levels of travel insurance, which the Travel Agent does not consider sufficient cover for international travel. The Client is advised to check with their respective credit card companies in order to obtain the specific details of the cover offered.
Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Price in full.
Passports, Visas and Health
It is the entirely the Client's responsibility to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is strongly advised to check the relevant requirements with the Travel Agent before travelling. The Travel Agent will endeavor to assist the Client but such assistance will be at the Travel Agent's discretion and the Client acknowledges that in doing so, the Travel Agent is not assuming any obligation or liability and the Client indemnifies the Travel 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.
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client's itinerary may be areas where there is a high-risk of malaria and other tropical diseases. The Client is strongly advised to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination. If this has not been done prior to departure, it is imperative to do so upon return.
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. This is charged in addition to the change fees charged by the Supplier.
In the event of the Client cancelling the Booking, the Travel Agent shall have the right to either claim an amount or to retain an amount of the payment and claim damages suffered by the Travel Agent. The Principals may reserve the right to cancel any services prior to departure, in which event the entire payment for the ticket will be refunded to the Client without any further obligation on the part of the Travel Agent.
The Travel Agent will charge a fee for processing the request for refund. (Clients should refer to the 'Refunds' section of these Conditions, as well as the cancellation provisions contained in the Principal's Conditions and Website. Principals may charge cancellation fees over and above these stated here).
In the unlikely event of there being an 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 Travel 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.
Itinerary Variations and Transfers
While every effort is made to keep to the final itinerary, Principals and/or the Travel Agent reserve the right to make changes intended 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.
Law and Jurisdiction
Kenyan law shall be applicable in the interpretation of the terms and conditions.
The Client agrees that he/she will at all times comply with the Travel Agent's or others' requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the aircraft.
Clients who have special requests must specify such requests. Whilst the Travel Agent will use its best endeavors to accommodate such requests, it does not guarantee that it always can.
Amendments of these Conditions
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 Travel Agent.
No refunds will be considered in any circumstances whatsoever by the Travel Agent. Refunds by the Principals will be subject to their respective terms and conditions. The Travel Agent may charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is the Client's exclusive duty. This will apply especially when the Client instructs the Travel Agent to make and pay for travel arrangements on the internet.
E-ticketing: Documents required for travelling
The Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned. Certain airlines may require a copy of the credit card used to make payment in addition the above mentioned documents. Passport or identity document will apply to all members of a travelling party and for each minor travelling, including infants.
If the Client requests or instructs the Travel Agent to affect bookings via the internet, the Client irrevocably authorizes the Travel Agent to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payment of a booking and ancillary services and (3) accept booking conditions.
Limitation of Liability
The Travel Agent, its officers, directors, servants or agents will under no circumstances be liable for any claim, 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 Travel Agent, unless such claim is due to the gross negligence of the Travel Agent and such claim is lodged in writing with the Travel Agent within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of USD 1,000 per Client per Booking and under no circumstances will the Travel Agent be liable for any indirect or consequential loss or damage.
The Client will be liable for all legal fees of an attorney and own Client scale in the event that the Travel Agent has to engage a lawyer to enforce any of its rights or otherwise.
Subject to statutory constraints or compliance with an order of court, the Travel Agent undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
Confirmation of Travel Arrangements
All onward travel arrangements (local, international and on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 (seventy-two) hours prior to departure.
General Terms and Conditions for Online Bookings
Please note that over and above these online terms and conditions all bookings are subject to Travelstart Kenya Ltd's (a Kenyan subsidiary of Travelstart Online Travel Operations Pty Ltd.) Standard Terms and Conditions ('STC') which appear above - where there is a conflict between the two, the STC will prevail.
The website www.travelstart.co.ke is owned by Travelstart Online Travel Operations Pty Ltd. and the domain name is registered in the name of Travelstart Online Travel Operations Pty Ltd. Travelstart Online Travel Operations Pty Ltd. is a company incorporated and situated in South Africa of which Travelstart Kenya Ltd. is a Kenyan subsidiary. All intellectual property rights in and to the aforementioned vests in the owners 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 Travelstart Online Travel Operations Pty Ltd.
Changes and Modifications of these Terms and Conditions
Travelstart Online Travel Operations Pty Ltd. may make future changes, deletions or modifications to such 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 Website will constitute the Client's agreement to the changes, deletions and modifications
Travelstart Online Travel Operations Pty Ltd. reserves the right to change the terms, conditions, and notices under which this Website 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 this Website and facilities.
Access and Use
This Website 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 Website constitutes the Client's agreement to all such terms, conditions, and notices.
Access to and use of this Website is entirely at the user's risk.
Travelstart Online Travel Operations Pty Ltd. may discontinue or suspend the Website 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 noncommercial Use Limitation
This Website is for the Client's personal and noncommercial use. The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Travelstart Online Travel Operations Pty Ltd. or its suppliers and providers. Accordingly, as a condition of using this Website, the Client agrees not to use this Website or its contents or information for any commercial or non-personal purpose (direct or indirect), such as for resell purposes. Whilst the Client may make limited copies of the Client's travel itinerary (and related documents) for travel or services purchased through this Website, 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 Website. 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 Website using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Travelstart Online Travel Operations Pty Ltd.;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in the discretion of Travelstart Online Travel Operations Pty Ltd., an unreasonable or disproportionately large load on the Travelstart Online Travel Operations Pty Ltd. infrastructure; or
deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Travelstart Online Travel Operations Pty Ltd.
The information, software, products, and services published on this Website may include inaccuracies or typographical errors. In particular, Travelstart Online Travel Operations Pty Ltd. does not guarantee the accuracy of the hotel, air, and other travel products displayed on this Website (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Travelstart Online Travel Operations Pty Ltd. disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on this Website are intended as only general guidelines, and Travelstart Online Travel Operations Pty Ltd. does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. Travelstart Online Travel Operations Pty Ltd. and/or their respective suppliers may make improvements and/or changes on this Website at any time.
Travelstart Online Travel Operations Pty Ltd., and/or their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering for sale of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Travelstart Online Travel Operations Pty Ltd. All such information, software, products, and services are provided 'as is' without warranty of any kind. Travelstart Online Travel Operations Pty Ltd. 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 carriers, hotels and other suppliers providing travel or other services for Travelstart Online Travel Operations Pty Ltd. are independent contractors and not agents or employees of Travelstart Online Travel Operations Pty Ltd. or its affiliates. Affiliates include websites which click-through to www.travelstart.co.ke. Travelstart Online Travel Operations Pty Ltd. 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. Travelstart Online Travel Operations Pty Ltd. 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 Travelstart Online Travel Operations Pty Ltd. 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 Website or with the delay or inability to use this Website, or for any information, software, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability, or otherwise, even if Travelstart Online Travel Operations Pty Ltd. 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 you.
By offering travel for sale to particular international destinations, Travelstart Online Travel Operations Pty Ltd. 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.
The Client agrees to defend and indemnify Travelstart Online Travel Operations Pty Ltd. 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 this Website 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 Website.
No unlawful or prohibited Use
As a condition of the Client's use of this Website, the Client warrants that the Client will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices or any other prohibitions unlawful in terms of Kenyan law.
Links to other Websites
There are links on this Website which allow a user to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Travelstart Online Travel Operations Pty Ltd. and Travelstart Online Travel Operations Pty Ltd. 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. Travelstart Online Travel Operations Pty Ltd.'s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Travelstart Online Travel Operations Pty Ltd. 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 Travelstart Online Travel Operations Pty Ltd. against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.
Please note that the use of this Website is subject to the STC and specifically subject to Kenyan law and the jurisdiction of Kenyan courts.
This agreement is governed by the laws of Kenya. Use of this Website 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 Travelstart Online Travel Operations Pty Ltd. as a result of this agreement or use of this Website.
Travelstart Online Travel Operations Pty Ltd.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Travelstart Online Travel Operations Pty Ltd.'s right to comply with law enforcement requests or requirements relating to the Client's use of this Website or information provided to or gathered by Travelstart Online Travel Operations Pty Ltd. 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 Travelstart Online Travel Operations Pty Ltd.'s with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Travelstart Online Travel Operations Pty Ltd. with respect to this Website.
Any rights not expressly granted herein are reserved.
Communication from Sites
By making a booking on any Travelstart platform, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any bookings will continue be sent.
All the terms and conditions displayed on this Website constitute the entire terms of the relationship between the parties. There exist 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 Travel Agent or otherwise that is not included herein.
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