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STANDARD TERMS AND
CONDITIONS OF CONTRACT
Sure Aeroflite Travel Pty Ltd
TERMS AND CONDITIONS
The contents of these webpages are provided for general information and without
any endorsement or guarantee of quality by Aeroflite Travel cc., unless specifically
indicated to the contrary. Every effort has been made to provide the most current, correct and useful information. Inadvertent errors may occur, however, and Aeroflite
Travel cannot be held responsible for any errors, inaccuracies or omissions.
1. By using the Aeroflite Travel website (www.aeroflite.co.za), you signify your
agreement to be bound by these conditions.
We will do our best to ensure uninterrupted availability of the website and that
transmissions will be error-free, but this cannot be guaranteed because of the nature
of the Internet. In addition, your access to the website may occasionally be suspended
or restricted to allow for repairs, maintenance, or the introduction of new facilities
or services. We will attempt to limit the frequency and duration of any such suspension
or restriction.
2. You understand that you, and not Aeroflite Travel, are responsible for all electronic
communications and content sent from your computer to us and you must use the website
for lawful purposes only.
You must not use the website:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful
activity; or
- to send, use or reuse any material that is illegal, offensive, abusive, indecent,
defamatory, obscene or menacing; or in breach of copyright, trademark, confidence,
privacy or any other right; or that is otherwise injurious to third parties; or
objectionable.
3. When you place an order to purchase a travel product through Aeroflite Travel,
your order represents an instruction to us to place an order on your behalf with
the supplier. Aeroflite Travel is not the product supplier, and we will place your
order with the supplier subject to the supplier's terms and conditions. By instructing
us you accept that your purchase of the travel product will be governed by the supplier's
terms and conditions, and that if you have any complaint about the product, your
right of recourse will lie against the supplier and not against Aeroflite Travel.
You accept that the supplier may change the travel product, for example, an airline
may change its flight schedules. We will send you any communication we receive from
a supplier about your transaction, but will not be liable to you if we are not notified
by the supplier of such change.
4. In terms of the Electronic Communications and Transactions Act no cooling off
period applies in respect of transportation, accommodation or similar products and
services.
5. Aeroflite Travel will be responsible for any losses you suffer as a result of
us breaching these conditions if the losses were reasonably foreseeable to you and
us when you commenced using the website, or when you instructed us to place an order
on your behalf. We will not be responsible for any business loss (including loss
of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
or any other indirect or consequential loss that is not reasonably foreseeable to
you and us when you commenced using the website or when you instructed us to place
your order.
6. We will not be responsible for any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
7. These conditions are governed by the laws of South Africa. You agree, as we do,
to submit to the jurisdiction of the South African courts.
8. We communicate with you by e-mail or by posting notices on the website. For all
purposes, you consent to receive communications from us electronically and you agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing. You agree that any communication in connection with your order, including
changes in flight details, accommodation, or any other travel product, may be sent
to you electronically to your email address.
9. By instructing us to place an order on your behalf and utilise your credit card
as the means of payment you warrant that:
- the credit card details are correct;
- you are the card holder and are lawfully entitled to use the card for this purpose;
- this transaction does not exceed your credit and other limits specified by the
card issuer.
You further agree that Aeroflite Travel will not be liable if the transaction is
rejected for any reason by the credit card issuer or the supplier.
PRIVACY POLICY
THIS WEB SITE COMPLIES WITH THE VOLUNTARY PRIVACY PRINCIPLES CONTAINED IN THE
ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002, ("ECT Act").
Definitions
"this web site" means www..aeroflite.co.za
"user" means any person accessing any part of the web site
1. This Privacy Policy forms part of the Terms and Conditions of Use of this web
site.
Collection of personal data
2. Where personal information (such as the user's name, address, telephone number
and e-mail address) is submitted to the web site by the user (e.g. through sending
an e-mail) the following principles are observed in the handling of that information:
a. This web site collects, processes and stores only such personal information regarding
users as is necessary to provide the services offered. The specific purpose for
which information is collected is apparent from the context in which it is requested.
b. This web site will not use the personal information submitted for any purpose
other than the efficient provision of services, including this web site, without
obtaining the prior written approval of the user or unless required to do so by
law.
c. This web site will keep records of all personal information collected and the
specific purpose for which it was collected for a period of one year from the date
on which it was last used.
d. This web site will not disclose any personal information regarding a user to
any third party unless the prior written agreement of the user is obtained or the
web site is required or permitted to do so by law.
e. If information is released with the user's consent this web site will retain
a record of the information released, the third party to whom it was released, the
reason for the release and the date of release, for a period of one year.
f. This web site will destroy or delete any personal information which has become
obsolete.
3. Note that, as permitted by the ECT Act, this web site may use personal information
collected to compile profiles for statistical purposes and trade in these profiles.
No information contained in the profiles or statistics will be able to be linked
to any specific user.
Collection of anonymous data
4. In order to provide the best possible service, this web site uses standard technology
to collect information about the use of this site. This technology is not able to
identify individual users but simply allows this web site to collect statistics.
5. This web site utilises temporary or session cookies that collect the first level
domain name of the user. This means that if the e-mail address is user@email.com,
the cookie will collect the "email.com" part of the address. Cookies are small pieces
of information sent to the user's browser and stored on the user's hard drive. Temporary
or session cookies expire and are deleted when the browser is closed. Cookies by
themselves cannot be used to personally identify users. If necessary users can alter
the manner in which their browser handles cookies.
Links to other web sites
6. We have no control over and accept no responsibility for the privacy practices
of any third party sites to which hyperlinks may have been provided and we strongly
recommend that users review the privacy policy of any site they visit before using
it further.
Security
7. While reasonable measures are taken to ensure the security and integrity of information
submitted to this site, Aeroflite Travel can not under any circumstances be held
liable for any loss or other damage sustained by a user or users as a result of
the intentional or accidental release of information by an employee of Aeroflite
Travel or any third party.
Queries
8. If you have any queries about this Privacy Policy please contact us by mailing
aeroflite@aeroflite.co.za
STANDARD TERMS OF BUSINESS OF AEROFLITE TRAVEL CC (REFERRED TO IN THESE TERMS
AS "WE", "US" AND "OUR")
1. All business undertaken by us, including any advice, information or service we
provide, whether we charge for it or not, shall be subject to these terms. No alteration of these terms shall be effective unless the change is recorded in writing and signed
by one of our members. No act or omission shall be construed as a variation or a
waiver by us of any of these terms.
2. The customer shall be deemed to be the agent of any person who uses the services
provided ("the traveller") and shall be deemed to have warranted that he has the authority to so act, and that he has brought these terms to the notice of the traveller.
Any reference herein to the customer shall include the traveller.
3. We represent hotels, airlines, car rental companies and related travel organisations
("the suppliers"), but we do not accept responsibility for any failure of a supplier
to meet its obligations to the customer or traveller. All coupons, tickets and receipts
are issued subject to the terms and conditions specified by the suppliers and, by
accepting the coupons and tickets, and utilising the services, the customer and
traveller become contractually bound to the suppliers.
4. It is the responsibility of the customer and traveller to:
4.1 arrange adequate insurance against cancellation, delay, injury, medical expenses,
personal liability and loss of baggage. We will assist the customer to do so on receipt of instructions and payment of the premium. Should the insurer dispute its
liability for any reason, the customer shall have recourse against the insurer only.
4.2 obtain valid passports, visas, vaccination and innoculation certificates and
to ensure that such documents remain valid for periods required by consular and
other authorities.
5. We shall not be liable, whether for breach of contract or negligence, for any
loss, damage or injury however arising unless the loss, damage or injury was directly
caused by our gross negligence, and if this is the case, our liability will be limited to R10 000 per customer or traveller.
6. We will not in any circumstances be liable for any consequential or indirect
loss however caused.
7. Any claim for a refund in respect of services not used must be submitted to us
in writing within 30 days of the incident giving rise to the claim. A refund, less
any communication and administration costs, will only be made once the amount has
been received from the supplier.
8. We shall not be liable for any cancellation, delay, re-routing or other change
to any flight caused by, inter alia, weather conditions, financial circumstances
(including insolvency) of the airline or its partner airlines, terrorism or any
military or counter-terrorism activity, or for the loss of any payments made; nor
for the consequences of any consular requirements or delays.
9. Any increase in fares, accommodation and other costs as a result of currency
fluctuations or otherwise between the date of booking and the scheduled departure
date shall be for the customer's account and shall be payable on request.
10. Our relationship with the customer shall be governed by the laws of the Republic
of South Africa and shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. The customer chooses the physical address specified
on the face of our credit application as its address for all purposes arising out
of this relationship. Payment Terms:
11. The customer shall pay our invoices in cash or by credit card on presentation
and no payment shall be withheld or deferred on account of any claim, counter-claim
or setoff.
12. Interest on any overdue amounts will be payable at 2% above the prime overdraft
rate charged by our bankers from time to time.
13. Documents or other items including cash, cheques, bank drafts or other remittances
sent to us through the post shall only be deemed to have been received by us when
they have been delivered to us by the postal authorities.
14. We will cancel any agreement in respect of which payments have fallen into arrears
and, in the event of this right being exercised, the full balance outstanding shall
become due and payable immediately.
15. If we instruct attorneys to collect from the customer any amount owing to us,
the customer shall pay all costs on the
attorney and client scale, including collection
charges. The customer agrees that action may be instituted in any Magistrate's Court
notwithstanding that the amount in dispute exceeds such court's
jurisdiction.
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