Terms & Conditons

 The Red Travel Collection (Pty) Ltd

 

Terms & Conditions

In this Contract, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:-

“The Company” shall mean The Red Travel Collection (Pty) Ltd, and/or anyone acting for or on behalf of the Company, provided such person has been duly authorized and is acting within his or her scope of duty.

“The Client” shall mean the person who applies (directly or indirectly) to the Company for the Company’s services. The aforesaid will include but is not limited to a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-Contractor. The Client shall include any other person on behalf of the Client or whom the Client, represents and includes the Client in the Company’s Application to do Business form.

“The Conditions” shall mean these terms and conditions and those of the Principal, where applicable;

“The Traveller” shall mean any person (whether or not such person is the Client) who utilizes or obtains any benefit from the Services of the Company. The Traveller shall include a potential Traveller.

“The Services” shall mean any travel or other service facility, product or matter incidental thereto of whatsoever nature arranged or to be arranged by the Company (whether directly or indirectly) to or for the Client or the Traveller. The aforesaid shall include inter alia but not be limited to the providing of advice or information, the booking of reservations for accommodation, transport or the like (whether by air, sea, land or otherwise), the application for passports, visas or other travel contracts, the arranging or obtaining of insurance, any other service or facility (even though not specifically requested by the Client or the Traveller) provided by the Company or which the Company in it’s sole and absolute discretion deems necessary or ancillary to the services or facilities requested, or anything else associated with or related to travel.

“The Service Fees” /’Professional Fees’ shall mean the non-refundable fee or fees charged by “The Red Travel Collection (Pty) Ltd” for the provision of “The Services”, as defined above.

“Full Payment” Paid for at full face value with no further money due from the customer.

 “The Principal/Supplier” shall mean the provider of accommodation, transport, and all other relevant services or products arranged by the Company, or any services ancillary thereto provided by the Principal or any other party.

  1. Preamble
    1.1. The Red Travel Collection (Pty) Ltd registration number: 2024/112411/07

1.2. The Red Travel Collection (Pty) Ltd is an intermediary as defined in the Consumer Protection Act 68 of 2008 and carries on business under the Code of Conduct as stipulated by the Association of South African Travel Agents (“ASATA”)  (although we are not a registered member) and provides clients (you/your) with travel and/or other services on behalf of principals and/or other agents engaged in, or associated with the Travel Industry, including inter alia, airlines, tour operators, hotels, shipping companies, car hire and other providers of air, land, sea or any other travel arrangements, products or services (collectively referred to as ‘Third Party Service Providers’). The Red Travel Collection (Pty) will provide you with the identity as well as terms and conditions of all Third Party Service Providers if such terms and conditions are in the possession of The Red Travel Collection (Pty) Ltd, and it is your responsibility to familiarize yourself with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed therein.

1.3. The Red Travel Collection (Pty) Ltd may refer to themselves as an “agent” from time-to-time and act on behalf of third party/parties.

  1. Authority
    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.
  2. Destination selection
    You acknowledge that you have selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures, the Internet and/or any other medium/source. You also acknowledge that such brochures and/or the Internet have been compiled and are managed by the Supplier (Principal) over which The Red Travel Collection (Pty) Ltd has no control. Accordingly, The Red Travel Collection (Pty) Ltd cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Third Party Service Providers.
  3. Breakaways
    While it is possible to break away from the itinerary, it is understood that such breakaways will be for your account.
  4. Date changes
    Travellers or their agent can make most date changes directly with the airlines involved while they are travelling. Some dates may only be changed through the The Red Travel Collection (Pty) Ltd. Availability of seats and date change fees are subject to the airlines’ policies and fare rules. The Red Travel Collection (Pty) Ltd can advise about the policies regarding a specific itinerary on request. The The Red Travel Collection (Pty) Ltd can assist in making your date changes for a fee (schedule of fees available) in addition to the date change fees charged by the carrier. Some airlines may not allow date changes. In order to change the travel dates of such tickets, the ticket must be submitted for a refund and a new ticket purchased for the new travel dates. (Please see the section on Cancellations, below.)
  5. Routing changes
    Once tickets have been issued, routing changes (including adding, removing, or changing stopovers or connections) may not be permitted by all airlines. If a routing change is needed, the ticket may need to be submitted to us for a refund and a new ticket purchased for the new travel routing. (Please see the section on Cancellations, below.).
  6. Conduct
    You agree that you will at all times comply with the The Red Travel Collection (Pty) Ltd or the Third Party Service Provider’s requirements in regard to your conduct and you will not in any way constitute a nuisance or a danger to any other passenger on the trip.
  7. Special requests
    If you have special requests you must address such requests must be addressed to the The Red Travel Collection (Pty) Ltd in writing well before the departure date. Whilst The Red Travel Collection (Pty) Ltd will use its best endeavors to accommodate such requests, it does not guarantee that it will be in a position to meet all demands.
  8. Bookings with Third-Party Service Providers
    9.1 The Red Travel Collection (Pty) Ltd only acts as an intermediary between the client (you/yours) and Third Party Service Providers, and accordingly, on receipt by the Red Travel Collection (Pty) Ltdof any request for a booking(s) in a brochure or a tailored quote, The Red Travel Collection (Pty) Ltdshall transmit any such booking to the Third Party Service Provider/s concerned and endeavor to secure timeously all reservations and arrangements. The Red Travel Collection (Pty) Ltdshall not be liable in the event of default and/or theft of money and/or any liability as a result of non-performance by the Third Party Service Provider/s. To the extent that the client (you/yours) have a claim against the Third Party Service Provider/s then The Red Travel Collection (Pty) Ltd hereby cedes all right, title and interest against the Third Party Service Provider/s to the client in order for the client to enforce their rights.

9.2 All quotations or estimates provided by or bookings made with and/or all services rendered or vouchers, receipts or tickets issued by or on behalf of The Red Travel Collection (Pty) Ltd are subject to these Standard Terms and Conditions (STC) and that of any Third Party Service Providers.

9.3 Third-Party Service Providers may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate principals such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all travelers.

9.4 The Red Travel Collection (Pty) Ltdfurthermore does not accept liability for any actions, errors or omissions of the Third Party Service Providers and/or their agents, which may be prejudicial to you or result in a loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damage to your belongings whatsoever and you indemnify The Red Travel Collection (Pty) Ltd accordingly. The conditions of the Third Party Service Providers shall constitute the sole contract between the Third Party Service Providers and you and any right of recourse you may have will be solely against the Third Party Service Providers.

  1. Liability
    10.1 Neither The Red Travel Collection (Pty) Ltd nor any holding, parent, subsidiary, affiliated or associated company or representative shall be liable for any injury, illness, harm, trauma, death and/or loss of or damage to your belongings whatsoever howsoever caused and you indemnify The Red Travel Collection (Pty) Ltd accordingly. The Red Travel Collection (Pty) Ltd its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of a The Red Travel Collection (Pty) Ltd employee(s)

10.2 The Red Travel Collection (Pty) Ltd and its representatives shall not be responsible for any loss of profit or any direct, indirect, special, incidental, or consequential damages occurring during or after the services are rendered. The Red Travel Collection (Pty) Ltd shall not have any liability and contract, delict or otherwise including any liability for negligence howsoever arising out of or in connection with the performance of the Third Party Service Provider/s obligations occurring during and after services are rendered. In no instance shall The Red Travel Collection (Pty) Ltd  be liable to the client or any other party under this agreement or any other booking, for any loss of revenue, business, contracts, anticipated savings, profits or for any indirect consequential loss howsoever arising.

  1. Bookings, change of arrangements, routes and prices
    11.1. “The booking” or “the reservation” refers to the part, or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a client (you/yours) with Third Party Service Providers, and excludes services of a peripheral nature. Any booking made by The Red Travel Collection (Pty) Ltd constitutes a form of contract between you and the Third Party Service Providers and is consequently subject to the terms and conditions of The Red Travel Collection (Pty) Ltd and such Third Party Service Providers’ conditions of the agreement of the business.

11.2. Wherever possible The Red Travel Collection (Pty) Ltd will endeavor to confirm the status of any booking in writing, but we may not always be able to do so. In such cases, failure to provide written confirmation shall not be considered to negate the validity and conditions of the booking or to constitute an act of negligence on behalf of The Red Travel Collection (Pty) Ltd.

11.3. In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of The Red Travel Collection (Pty) Ltd, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc) will be for your account.

11.4. Notwithstanding anything contained to the contrary herein, unless full payment is due at the time of making the booking, all bookings must be accompanied by the requested deposit or guarantee. The Red Travel Collection (Pty) Ltd reserves the right to cancel any booking without prejudice, in the event of full payment or a deposit or part thereof not being received. The price quoted to you is based on fares, hotel prices, land costs and other relevant costs at the date of The Red Travel Collection (Pty) Ltd quote. In the event of there being any increase in any of the foregoing costs prior to the issuing of the documents, such variation shall be for your account and payable on request by The Red Travel Collection (Pty) Ltd, as shall any increase in the price(s) quoted arising from the fluctuation in rates of exchange.

11.5. Documents will not be issued until such time that full payment is cleared by The Red Travel Collection (Pty) Ltd bankers. The onus will be on you to check that there have been no changes in the price before making the full and final payment. However, airfares are subject to the fare and fare rule conditions quoted by the airlines and cannot be guaranteed by The Red Travel Collection (Pty) Ltd. Should yours be a group booking and the group number deviates from the number required for the booking, the Third Party Service Providers may reserve the right to re-cost the price and raise a surcharge. Should you or any party of your group refuse to accept and pay such surcharge, it may result in the Third Party Service Providers canceling the booking and retaining any payment made. The Red Travel Collection (Pty) Ltd will be entitled to retain any service fees charged.

11.6 The “Service fee or Professional fees” levied by The Red Travel Collection (Pty) Ltd are not refundable if any arrangements made by The Red Travel Collection (Pty) Ltd for or on behalf of the client are fully or partially cancelled or altered.

  1. Reconfirming flights/tickets (very important!)
    The Red Travel Collection (Pty) Ltd takes no responsibility for reconfirming flights or for advising the traveller of airline schedule changes once the tickets have been issued. Standard airline rules in effect in most countries require that international flights must be reconfirmed directly with the airlines concerned at least 72 hours prior to departure of each flight or the airline(s) may cancel your reservations. The traveller should plan on contacting each airline concerned by phone or at a city ticketing office at least three days before the flight to reconfirm and check for any schedule changes. We recommend that travellers reconfirm each flight, even if the airline says that it is not required.
  2. Airline default/involuntary schedule changes
    The Red Travel Collection (Pty) Ltd takes no responsibility in the event of an airline’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended.
  3. Payments
    Prices are not guaranteed until tickets have been paid for in full and issued and are subject to change at any time until then. As soon as we receive payment, we will begin ordering and issuing tickets. Depending on the itinerary, please allow 24 to 28 hours from the time payment reaches us for tickets and/or e-ticket confirmations to be delivered. Tickets are issued as e-tickets.
  4. Our bank details– [Available on request)
  5. Payment and additional charges
    16.1 Final payment for any booking must be made upon confirmation of the booking unless specific arrangements have been made with The Red Travel Collection (Pty) Ltd and such arrangement confirmed in writing by The Red Travel Collection (Pty) Ltd. Final payment is based upon on the quoted and confirmed price, less any deposit paid, plus any additional charges that may have been incurred. Aside from passport, visa and other peripheral service fees (additional fees), The Red Travel Collection (Pty) Ltd reserves the right to claim the late booking charges, communications, consultation, administration and amendment fees where applicable. If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for your account or The Red Travel Collection (Pty) Ltd may cancel the booking. Late payment may also result in cancellation of the reservation by the Third Party Service Providers.

16.2 When paying by credit card you will be required to complete The Red Travel Collection (Pty) Ltd Online secure payment transmission portal to advise of your credit card information. This is a PCI requirement and credit card information may not be shared over the phone, email or WhatsApp.

17. The preferred forms of payment accepted by The Red Travel Collection (Pty) Ltd are:
• All major South African debit and/or South African credit cards, if accompanied by satisfactory identification and completed our Online secure payment transmission portal to advise of your credit card information ( Yoco or Payfast).  A standard 3.5% credit/debit transaction fee is charged over and above the cost of the transaction.
• Direct deposit – cash only (deposit slips must be or e-mailed to The Red Travel Collection (Pty) Ltd. FUNDS MUST REFLECT IMMEDIATELY OR REFLECT IN OUR ACCOUNT BY THE PAYMENT DEADLINE AS PER YOUR INVOICE.
• Electronic funds transfer (proof of payment must be e-mailed to The Red Travel Collection (Pty) Ltd

PLEASE NOTE:
The Red Travel Collection (Pty) Ltd  DOES NOT ACCEPT PAYMENTS MADE BY CHEQUE.
DOCUMENTATION WILL ONLY BE ISSUED ONCE ALL FUNDS HAVE BEEN CLEARED BY The Red Travel Collection (Pty) Ltd BANKERS.

  1. Insurance
    18.1 Assistance to obtain travel insurance in terms of Section 22 of the Tourism Act, 72 of 1993, is available on request. It shall not be obligatory upon The Red Travel Collection (Pty) Ltd to effect insurance for you. The Red Travel Collection (Pty) Ltd shall not be obliged to obtain separate cover for any risks so excluded.

18.2 The Red Travel Collection (Pty) Ltd shall not be under any obligation to effect separate insurance for each customer but may declare it on any open or general policy. Should the insurers dispute their liability for any reason, you will have recourse against the insurers only and The Red Travel Collection (Pty) Ltdwill not be under any responsibility or liability whatsoever in relation thereto, notwithstanding that the premium of the policy may not be at the same rate as that charged bThe Red Travel Collection (Pty) Ltd or paid to The Red Travel Collection (Pty) Ltd by you.

18.3 The Red Travel Collection (Pty) Ltd will not be responsible if you fail to take adequate insurance cover. Queries must be addressed to the principal insurer, as The Red Travel Collection (Pty) Ltd shall not in any way be held responsible for any and/or all information advanced by its staff in this regard.

18.4 The Red Travel Collection (Pty) Ltd strongly recommends that travel insurance be purchased for the duration of your journey. Insurance can only be purchased prior to departure. Insurance options should be discussed with your travel consultant. The Red Travel Collection (Pty) Ltd urges you to take out additional insurance cover over and above the phase, one insurance offered free as standard for international travel by the various credit card companies. Kindly check with your respective credit card company directly to obtain specific details of the complimentary cover.

PLEASE NOTE: IT IS YOUR DUTY TO OBTAIN THE NECESSARY INSURANCE COVER FROM AN APPROVED AND RECOGNISED TRAVEL INSURER.

  1. Peripheral requirements
    19.1 The Red Travel Collection (Pty) Ltd will, on request, endeavor to assist you in obtaining or meeting the requirements for passports, visas, health documents, insurance, foreign exchange, Reserve and other bank approvals, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with principals and other parties for whom The Red Travel Collection (Pty) Ltd act as intermediaries and referred to as “the booking” or “the reservation”. However, due to the constantly changing nature of such peripheral requirements and services, The Red Travel Collection (Pty) Ltd cannot be held liable for ensuring that these requirements and services are provided correctly or timeously or at all, nor the accuracy of any information or any lack of information relating to such requirements and/or services.

19.2 New Immigration Amendment Act

The new regulations require that all parents arriving, transiting and departing from SA are to produce an unabridged birth certificate for their children under the age of 18. Families not in possession of these documents will be refused to travel. In the case where only one parent is travelling with the children, consent in the form of an affidavit from the other parent registered is required. Alternatively, either a court order granting full parental responsibilities and rights or a death certificate of the other parent must be produced.

  1. Cancellation
    20.1 The Red Travel Collection (Pty) Ltd will endeavor to provide the services required by the customer, but in the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of you, The Red Travel Collection (Pty) Ltd will charge an administration fee to process the cancellation. Failure to cancel will result in the total booking cost being payable. The Red Travel Collection (Pty) Ltd reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Any bookings canceled after the confirmation may be subject to a cancellation fee. These vary from Third Party Service Provider to Third Party Service Provider and should be verified at the time of booking. The Red Travel Collection (Pty) Ltd may apply for the refund on your behalf however The Red Travel Collection (Pty) Ltd is not responsible should this application be denied for any reason.

20.2 Some air tickets are completely non-refundable according to airline fare rules. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government travel warnings will not entitle you to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded. If tickets can be refunded, cancellation penalties are imposed by the airline and can take as long as 6 (six) months to a year or longer to obtain from the airline. Trip cancellation and interruption insurance are therefore highly recommended. For the best coverage, travel insurance should be purchased at the same time as the airline tickets.

  1. Verification of Travellers’ Names and Travel Details
    It is important that you provide The Red Travel Collection (Pty) Ltd with the travelers’ names as per the passenger/s travel documents (Passport). Failure to do so could result in denied boarding or deportation due to name mismatch information. It is the client’s responsibility to confirm that all of the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s is submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by you.
  2. Passports, visas & health
    22.1 You are responsible for obtaining any necessary visas and travel permits for all countries that you will be traveling to or transiting through, and for informing yourself/selves as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on your nationality, the length of stay, and the purpose of the visit, among other factors. Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved or from a visa service company. It is entirely your duty to ensure that all passports and visas are current, valid, obtained on time and that your passport will be valid for a minimum of six months to one year after your return to your home country and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with The Red Travel Collection (Pty) Ltd before travelling. The Red Travel Collection (Pty) Ltd are not lawyers, and nothing we say should be interpreted as legal advice concerning visas, entry requirements, immigration, or residency. The Red Travel Collection (Pty) Ltd will endeavor to assist you but such assistance will be at The Red Travel Collection (Pty) Ltd discretion and you acknowledge that in doing so, The Red Travel Collection (Pty) Ltd is not assuming any obligation or liability and you indemnify the The Red Travel Collection (Pty) Ltd against any consequences of non-compliance. You must familiarize yourself with the inherent dangers of and mental and/or physical condition required for your proposed travel arrangements.

22.2  The Red Travel Collection (Pty) Ltd cannot be held responsible for: Denial of your visa application for any reason; Delay of issuance of your visa by the relevant consulate or High Commission; Loss of your passport(s) by the consular offices and/or courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Passport application delays; incorrect issuance of passport or visa

PLEASE NOTE THAT A VISA DOES NOT GUARANTEE ENTRY TO ANY GIVEN COUNTRY AT POINT OF ENTRY.

  1. Malaria and other tropical diseases: WARNING
    Certain parts covered by your itinerary may be areas where there is a high risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure.
  2. Other documents
    Other documents that may be required for your journey are your identity document, an international driver’s license, inoculation certificates and hotel, car and tour vouchers. Please ensure that you check all of these documents at the time of issue where applicable, prior to your departure.
  3. Third-party service providers default/involuntary schedule changes
    The Red Travel Collection (Pty) Ltd takes no responsibility in the event of an airline or any other third party’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers this default is highly recommended.
  4. Refunds
    Airline tickets presented for refund are subject to delays of approximately 2 weeks but could take longer. The Red Travel Collection (Pty) Ltd is unable to refund monies before receipt of funds from the relevant Third Party Service Providers. All refunds are subject to a service/professional fee payable to The Red Travel Collection (Pty) Ltd. This fee is over and above any cancellation fee that may be charged by the Third Party Service Provider to whom the refund is submitted. Refunds by the Third Party Service Provider will be subject to their terms and conditions which you are responsible for familiarizing yourself with. The Red Travel Collection (Pty) Ltd, as an intermediary, can only assist in processing and following up on your refund. In no way whatsoever does The Red Travel Collection (Pty) Ltdor any of its employees guarantee a refund unless it is reduced to writing and provided by the Third Party Service Provider.
  5. Foreign currency
    This may be purchased up to 60 days prior to departure. Foreign exchange regulation compliance is your exclusive duty. This will apply especially when you instruct The Red Travel Collection (Pty) Ltd to make and pay for travel arrangements on the Internet.
  6. Confidentiality
    Subject to statutory constraints or compliance with an order of court, The Red Travel Collection (Pty) Ltd undertakes to deal with all your information of a personal nature on a strictly confidential basis.
  7. Internet bookings
    If you request or instruct The Red Travel Collection (Pty) Ltd to make bookings via the Internet, you irrevocably authorize The Red Travel Collection (Pty) Ltd to do the following on your behalf:

(1) make any selections of and for the booking;
(2) make payments; and
(3) accept booking conditions.

You also consent and acknowledge to having read the terms and conditions, including the fare rules for the airlines in question, and irrevocably consent to be bound thereto.

The Client hereby indemnifies The Red Travel Collection (Pty) Ltd and agrees that The Red Travel Collection (Pty) Ltd will not be held liable in the event of the Client’s credit card being compromised as a result of fraud, duplicating etc

  1. E-Ticket for Travelling
    You must be ready to show your identity document/passport and that of each member of your party and possibly your credit card at the check-in counter of the airline concerned. Please note that airlines also require presentation of your identity document/passport at the time of boarding.
  2. Important notes
    Airlines reserve the right to withdraw airfares without notice. We cannot guarantee airfares, airport taxes and fuel surcharges until paid in full and the air tickets have been issued. Certain destinations may also require a departure tax which is payable locally upon departure in cash. These are not included in the prices quoted. Prices are subject to change without notice until payment has been received in full. By accepting a confirmation and offering payment, will be deemed that you have read, understood and accept our terms and conditions.
  3. Interpretation, law applicable and jurisdiction
    Words implying the singular shall include the plural and vice versa, words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa. This agreement is governed by South African Law. The Parties hereby consent to the jurisdiction of the appropriate Magistrate’s Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business. This document reflects the only and full agreement between you and The Red Travel Collection (Pty) Ltd and 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. You acknowledge that you have not relied on any matter or thing stated on behalf ofThe Red Travel Collection (Pty) Ltd or otherwise that is not included herein. No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by The Red Travel Collection (Pty) Ltd this document will always have a preference. You will be liable for all legal fees of an attorney and own client scale in the event that The Red Travel Collection (Pty) Ltd has to engage a lawyer to enforce or defend any of its rights or otherwise.

AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES:

  1. Notice of liability limitations

33.1 The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for the delay.

33.2 Where the Montreal Convention applies, the limits of liability are as follows:

33.2.1 There are no financial limits in respect of death or bodily injury. In respect of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,200; US $1,470) per passenger in most cases. For damage occasioned by delay to your journey, 4,150 Special Drawing Rights (approximately EUR 5,000; US $6,000) per passenger in most cases.

33.3 EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

33.4 Where the Warsaw Convention system applies, the following limits of liability may apply:

33.4.1 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.

33.4.2 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage. The carrier may also be liable for damage occasioned by delay.

33.4.3 Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.

33.5 Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.

33.6 Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.

  1. Notice of contract terms incorporated by reference
  • Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
  • If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
    • The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
    • The Conditions may include, but are not restricted to:
                                * Conditions and limits on the carrier’s liability for the bodily injury or death of passengers.
                                * Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods

                                 and baggage, including fragile or perishable goods.
                            * Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.

                            * Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s 

agents, servants and representatives, including any person providing either equipment or 

services to the carrier.
              * Claims restrictions, including time limits by which passengers must file claims or bring

 actions against the carrier.

* Rules about reconfirmations or reservations; check-in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage.
• Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, the substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
• Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.

  • You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or another delivery service from each carrier free of charge. 
  • If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.

GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

  1. Denied boarding
    Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation. In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation. When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily. Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities. Please note that any denied boarding is out of the control of The Red Travel Collection (Pty) Ltd and that The Red Travel Collection (Pty) Ltd cannot be held liable for any lost revenue/opportunity or trauma experienced as a result of action by the Third Party Supplier.
  2. Baggage
    Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Please check with your carrier. Most domestic carriers and some international carriers now charge for each piece of checked baggage. For most international flights, baggage is limited to a total of 20 kg. (44 lbs.), a total of all pieces and items including carry-on items. If you plan to check and/or carry on more than 20 kg of luggage per person on any of their flights, you should check directly with each airline in advance for their free baggage limits and excess baggage charges.
  3. Checked baggage
    Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).
  4. Special baggage liability limitations for us travel:
    For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US$300 per passenger, or the amount currently mandated by 14 CFR 254.5.
  5. Check-in times
    The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse your carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.
  6. Dangerous goods (hazardous materials)
    For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.
  7. Responsibility/release and assumption of risk
    “I understand and am aware that during the air travel itinerary in which I will participate under the arrangements of The Red Travel Collection (Pty) Ltd(hereinafter referred to as the Company), and its agents, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including but not limited to the hazards of travelling in unsafe areas or under unsafe conditions, the hazards of travelling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and/or the bankruptcy, insolvency or cessation of services by, the Company’s affiliated companies, airlines, other Third Parties or subcontractors. In consideration of, and as part of the payment for, the right to participate in such air itineraries, I have and do hereby expressly assume all of the above risks. The terms of this agreement shall serve as a release and express assumption of risk for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I have read and fully understand the provisions and the legal consequences of this Release and Assumption of Risk and I hereby agree to all its conditions, especially noting and agreeing to the portion of this provision that releases the Company and its agents, employees, officers, directors, associates, affiliated companies, and subcontractors, to the extent permitted by law, from liability for the negligent or reckless acts or omissions of the Company’s affiliated companies, airlines and subcontractors.”

All pages of this form must be returned to us (signed and initialed where indicated) at time of payment, along with a photocopy of the picture page of each traveler’s passport (required by some airlines before tickets can be issued).

Sign acceptance:______________________________________________________________________

  1. Ticket and document delivery
    Tickets and Documents will be delivered to you and/or made available for pickup (as checked above) within 3-4 weeks of the time your payment reaches us (and clears into our account), or as advised by our travel consultant. It is your responsibility to advise us if you have not received your tickets within 3-4 weeks after placing an order or at least two weeks prior to your departure (unless special late delivery arrangements have been made).
  2. Force Majeure
    The Company shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, an act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Company.
  3. Protection of Personal Information
    44.1 Permission to Disclose Personal Information of the Client and/or Traveller
    The Red Travel Collection (Pty) Ltd warrants that it is authorized to process the Client’s and/or Traveller’s Personal Information (as defined in the Protection of Personal Information Act, 4 of 2013, including name, credit card & banking details, physical address, telephone numbers & any other information provided to it, by the Client (“Personal Information”) and in doing so is authorized to provide same to the Principal/Supplier and accordingly authorizes the Principal/Supplier to process the Client and/or Traveller’s Personal Information. Processing shall include the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.

44.2 Protecting Client and/or Traveller’s Special Personal Information
The Red Travel Collection (Pty) Ltd hereby expressly consents to the processing of the Client and/or Traveller’s Special Personal Information, as defined in the Protection of Personal Information Act, 4 of 2013, by the Principal/Supplier and warrants that it is authorized to process the Client and/or Traveller’s Personal Information. Processing shall include the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.

44.3 Client and/or Traveller’s Rights in Terms of this Consent
It shall remain The Red Travel Collection (Pty) Ltd obligation to update the Client and/or Traveller’s Personal Information and Special Personal Information as defined in the Protection of Personal Information Act, 4 of 2013.

44.4 Trans-Border Flow of Information
The Red Travel collection (Pty) Ltd hereby expressly consents to the processing of the Client and/or Traveller’s Personal Information and Special Personal Information by way of the trans-border flow of information by the Principal/Supplier and warrants that it is authorized to process the Client and/or Traveller’s Personal Information. This will occur where Personal Information and Special Personal Information has to be sent to service providers outside of the Republic of South Africa for storage or further processing processes on the Client and/or Traveller’s behalf. Processing shall include the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.

I HEREBY ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS (AS SIGNED) ARE VALID FOR 1 (ONE) YEAR FROM THE DATE OF SIGNATURE HEREOF AND SUBJECT TO NO AMENDMENTS HAVING BEEN MADE TO THIS DOCUMENT

Thus done and signed at ________________________ 

on this the ______________ day of ___________________ 20______.

_________________________

CONSUMER / CLIENT