Bonisa Global (PTY) LTD. registration number 2018/111212/23 (“the Company”)APPLICATION
- The Customer agrees that no indulgence whatsoever by the Company shall constitute a waiver in respect of any of its rights under this agreement and under no circumstances will the Company be prevented from exercising any of its rights in terms of this agreement.
- The terms and conditions contained in this document shall apply to the tour booking concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
- All references in these terms and conditions to “client” shall include references to an agent of the client with such changes as the context may require
- APPLICABLE LAW AND JURISDICTION
- These terms and conditions shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
- The client consents to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that Bonisa Global at its instance will have the discretion to sue in the High Court if it is deemed appropriate.
- Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
TOUR PRICE, DEPOSIT AND PAYMENT
- The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by the client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
- Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
- A booking is considered confirmed when Bonisa Global sends written confirmation to the client confirming the booking. Invoices are issued on booking confirmation, 50% payment is required 60 days prior to departure and full payment is due 30 days prior to the departure date.
- If a booking is made within 60 days of the tour departure date, 50% payment is required on booking. If the booking is made within 30 days of the tour departure date, 100% payment is required on booking. Non-payment of the stipulated percentage at time of confirmation, within 60 days of tour departure date, will result in the cancellation policy being applied.
- While Bonisa Global has utilized its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Bonisa Global’s reasonable control, in which event Bonisa Global shall utilize its best efforts to notify the clients of such changes as soon as possible.
- The tour price includes only those services/items that are included as per the itinerary and the tour dossier, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.
- The Company records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a particular country and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. The Company accordingly
- reserves the right to increases the relevant prices/charges/tariffs to account for such increases and/or fluctuations. The client will be notified of such increase and/or fluctuation as soon as
- possible and only if possible do its best to obtain the client’s authorisation before commencing with the final booking of such trip.
- Although the Company takes care to ensure that all information on their website and or price brochures and/or quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, the Company undertakes to take all reasonable steps to inform the customer of the correct details. All prices are quoted in South African Rand (ZAR) currency. If a customer pays using a non ZAR currency, the amount debited to the customer’s account will be as close to the advertised price as possible.
- Electronic Transfer: Proof of the transfer with a bank stamp must be faxed or emailed to our office (+27 86 679 6841 / email@example.com) as proof of payment. All transfer / bank
- fees are the responsibility of the client. Bonisa Global (PTY) LTD. must receive the full total due in to the bank account.
- Credit Card: If Bonisa Global (PTY) LTD. accepts payment by Credit Card, a 5% administration fee will be added to the total tour fare for which payment is being made.
- Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Bonisa Global (PTY) LTD. Cancellation fees are applied to the tour price, activity package, and pre/post tour services.
- No cancellation fee is applicable to tours cancelled more than 60 days before date of Departure.
- Should a Client cancel a booking 60 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalisation), the client shall be liable to pay a cancellation penalty. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure:- >60 Days: No fee applies
- – 30 – 60 Days: 50% of the tour price is held as cancellation
- – 10 – 29 Days: 75% of the tour price is held as cancellation
- – 0 – 09 Days: 90% of the tour price is held as cancellation
- The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.
- The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price (which includes for the avoidance of doubt, the non-refundable deposit) to the client. It is recorded that refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.
- The client acknowledges that the tour is subject to a minimum booking of 6 passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.
- 8 Years: Bonisa Global will accept a maximum of two children between the ages of 1 to 8 years on any tour without requesting permission from agents or clients. If more children want to join a tour once the maximum has been reached, this will be allowed on a request basis.
- 8 – 9 Years: Bonisa Global will accept a maximum of four children between the ages of 8 to 9 years on any tour without requesting permission from agents or clients. If more children want to join a tour once the maximum has been reached, this will be allowed on a request basis.
- 10 – 16 Years: Children between the ages of 10 – 16 years will be accepted to travel with Bonisa Global on a request basis only.
- Any traveler under the age of 16 years must be accompanied by a parent, unless specific authorization had been obtained from Bonisa Global.
- 17 – 18 Years: Guests of this age may travel with us with a letter of permission from their guardian; they do not require a parent to travel with them.
- “On A Request Basis” means that Bonisa Global will receive the child request from the agent and once Bonisa Global has confirmed receipt of the child request with the agent in writing, all other agents who have guests booked on the specific departure will be contacted to request permission for the child / children to join the tour. The agents then have 48 hours to respond to the request. If no response is received from any agent, the child/children will be accepted onto the tour. If the response is negative, we will have a look at an alternative date or tour for the family.
- Age restrictions may apply to certain items listed in the respective tour activities. It is important that you are aware of these restrictions prior to confirming children on tour.
- No children under the age of 12 – Nkambeni Morning Walk, Full day Drakensberg Hike
AMENDMENTS TO BOOKINGS
PASSPORTS, VISAS AND OTHER TRAVEL PAPERS
- In the event that the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not be entitled to any refunds or rebates whatsoever from the Company.
- Should be aware that if a Client wishes to transfer from one tour to another, outside the 60-days prior to departure period, no fee applies
- Where the client wishes to change tours (that is, to move from the tour confirmed herein to another tour), such amendment is subject to –- The Company being able to accommodate the client on the substituted tour;
- – Payment by the client of an administration fee and
- – The change being made by no later than 60 days prior to the departure date of the original tour, failing which the cancellation penalties set out in the terms and conditions shall apply.
- – Changing the date of a tour, within 60 days of the departure, is subject to a fee of 15% of the tour price or ZAR2,000, whichever is the higher of the two.
- – Changing the date of a tour, within 30 days of the departure, is subject to a fee of 30% of the tour price.
- In the event that a tour is changed, these terms and conditions shall apply to the substituted tour, with the necessary changes having been made.
- It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
- The Company shall not be held liable for any loss or damage to any client’s luggage arising due to circumstances beyond the reasonable control of the company.
- Comprehensive travel and cancellation insurance is mandatory on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
- Should the client be unable to present the proof of such insurance to the Company (on request therefore by the Company), the Company may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
- The client acknowledges that travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
- The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effect, howsoever arising.
- The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require larger baggage allowance, this may be arranged with the Company against payment of a fee that the Company may levy in its sole discretion. Notwithstanding the aforegoing, the Company reserves the right to refuse excess baggage or oversized baggage.
AUTHORITY ON TOUR
- The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
- Where the client is over the age of 65, the Company requires a medical certificate or doctor’s letter confirming that the client is medically fit to undertake the tour.
- In respect of all clients over the age of 65 years, a medical questionnaire is required to confirm that the client is physically able to undertake the tour. Bonisa Global will not accept a reservation without this documentation.
- The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
- In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the tour shall not be tolerated and that the Company, its employees, representatives. Agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
- The Company shall not be liable for any costs and/or expenses for the client resulting for exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
- The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use.
- The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
- Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.TRAVEL DOCUMENTS
- On booking, the client shall be issued with our tour dossier and pre-departure information documents. It is the responsibility of the client to read and understand these documents before travelling.
- The client accepts that the tour is of an adventurous nature and involves an element of personal risk.
- The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective director, officers, employees, representatives and agents from any and all such liability.
- The client furthermore indemnifies and holds the Company and its respective directors, officers, employees, representatives and agents harmless from and against any and all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any other such person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.
- may limit the risk or liability of Bonisa Global or a third party.
- may create risk or liability for the user.
- may compel the user to indemnify Bonisa Global or a third party.
- serves as an acknowledgement, by the user, of a fact.
IF YOU ARE BELOW THE AGE OF 18
- “Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
- “we”, “us” or “our” refers to Bonisa Global.
- “you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
- “registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order to order goods and services on our Platforms.
If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.
WHAT PERSONAL INFORMATION DO WE COLLECT AND PROCESS
Bonisa Global processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms, we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.
When you register to use our Platforms, we may collect the following Personal Information:
- name and surname.
- email address.
- physical address.
- mobile phone number.
- online identifiers.
- date of birth.
- identification number.
Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.
You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Information from using our Platforms
When you access our Platforms, whether or not you are a registered user, Bonisa Global processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:
WHY DO WE PROCESS YOUR PERSONAL INFORMATION?
- log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
- information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
- the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.
- other information about you from third parties, such as social media.
We process the Personal Information we collect and receive to:
- identify you;
- verify your identity;
- create a user account for you; and/or
- enter into a contract with you.
As a registered user, we also process your Personal Information in order to:
RETENTION AND RESTRICTION OF RECORDS
- fulfill our contractual obligations to you when you have ordered goods/services in order for us to deliver those goods/services and process returns.
- provide you with information, products or services you request from us.
- communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
- send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information).
- get feedback from you which we need to develop our products and services and grow our business.
- comply with any legal or regulatory obligations such as tax or financial laws.
- undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics
We keep your Personal Information for as long as:
- we need it to provide our Platforms, products or services to you.
- it is required or allowed by law and is in line with our internal retention policies.
- it is necessary to uphold the contract between you and us.
- you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.
We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.
By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.USER TRACKING AND COOKIES\
- make our Platforms more user friendly.
- personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
- provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
- send Opt-In marketing communication if you are not a registered user.
We will not use your Personal Information for any other purpose without your permission.
You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION
We do not sell your Personal Information to third parties for their marketing or any other purposes.
We may provide or make your Personal Information available to:
SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA
- our employees, the staff of the companies in the Bonisa Global and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the ordering of goods/servies to you.
- law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
- third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.
- our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.
- our suppliers or sellers in order for them to liaise directly with you regarding any service you have purchased, for them to comply with their regulatory obligations (for instance TV license reporting), or for any other purpose which may require their involvement.
We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above (Why we process your Personal Information?), including for data storage and back-up purposes to ensure the integrity of our systems.
When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.
By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.
SECURING YOUR PERSONAL INFORMATION
We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to, or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.
In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:
- physical, technical and network security.
- access controls and monitoring of access.
- secure storage, destruction and encryption of records of Personal Information.
- Personal Information breach reporting and remediation.
- by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.
Having provided adequate proof of your identity, you have the right to:
- view, correct, and/or amend your Personal Information we process. Please note that as a registered user, you can do this through your user account for the Personal Information reflected therein.
- request a record or description of your Personal Information. Bonisa Global may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive Bonisa Global may charge an additional administrative fee or refuse the request.
- request to have your Personal Information corrected, destroyed or deleted. Please note that you can stop being a registered user by canceling your account. In this instance Bonisa Global will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
- us complying with your requests upon receipt unless we have a credible reason why we cannot comply.
- us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.
- inform you if reasonably practicable, should we change your Personal Information and this has an impact on decisions about you.
- notify you of the action taken by us because of your request.
- notify you of unauthorized access to your Personal Information.
- Submit a complaint to the Information Regulator.
HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR
The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/