Terms and Conditions
Introduction / User Acceptance
Thank you for choosing SimplyTravel.co.za. Please read these terms and conditions of use carefully before using or obtaining any information, content, products or services through this site.
By accessing or using the SimplyTravel website ("Our Website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these Terms, then please do not use Our Website. We reserve the right at any time, at our sole discretion, to modify these Terms without prior notice, and your continued use of Our Website signifies your acceptance of the updated Terms.
The Scope of Our Service
SimplyTravel provides you with travel and/or other services acting as agents for principals engaged in or associated with the travel industry, such as hotels, airlines and tour operators ("the Principal"). SimplyTravel represents the Principal as agents only and accordingly accepts no liability for any injury, loss, claim, illness, harm, death or damage of any kind which you may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements or otherwise. By making a reservation through Our Website, you enter into a direct, legally binding, contractual relationship with the Principal at which you book. This contract shall constitute the sole contract between the Principal and you and any right of recourse that you may have against the Principal. It is your responsibility to familiarise yourself with such terms and conditions.
Age and Responsibility
By accessing our using Our Website you warrant:
- that you are of sufficient legal age to create binding legal obligations;
- that all information supplied by you to SimplyTravel is true, accurate, current and complete;
- that you will only make legitimate reservations for yourself or for another person for whom you are legally authorized to act and that you will inform such persons about the terms and conditions that apply to their reservation;
- that should you make use of a SimplyTravel member account, you will safeguard your account information, be responsible for any use of your account and accept responsibility for all activities that occur under your account.
Ownership & Copyright
The content including text, graphics, button icons, audio and video clips, digital downloads, data compilations, other material and software ("The Content") together with the collection, arrangement and the compilation of The Content is copyrighted to SimplyTravel. The Content may not be copied, reproduced, sold, displayed, republished, uploaded, posted, transmitted or distributed without the prior written permission of SimplyTravel, except that you may download, display and print The Content presented by Our Website for your personal, non-commercial use only. If you do so, you may not modify the Content in any way, and you must retain all copyright and trademark notices, including any other proprietary notices, contained in The Content, and you must not obscure, alter or delete any of such notices. Other product, company names, logos and trademarks contained in Our Website are the property of their respective owners and are mentioned in Our Website for identification purposes only.
Use of Our Website
SimplyTravel grants you a limited, non-transferable license to access and make personal, non-commercial use of Our Website in accordance with the Terms of this agreement. Additionally, you agree not to:
Access, monitor or copy any of the web pages, data or The Content using any "robot", "spider", "screen scraper" or other automated means or any manual process, for any purpose without the prior written consent of SimplyTravel;
- "frame", "mirror" or otherwise incorporate any part of Our Website into any other website without our prior written consent of SimplyTravel;
- interfere or attempt to interfere with the proper working of Our Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable load on our computer or network equipment;
- upload or transmit to Our Website software or computer programming routines that may damage, interfere or attempt to interfere with, the normal operation of Our Website;
- post or transmit via Our Website any unlawful, harmful, libellous, abusive, threatening, harassing, defamatory, vulgar, obscene, profane, hateful, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate the rights of others, or otherwise violate any local, national or international law;
- violate the restrictions found in any of our page headers or our search engine exclusion file on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
- post false or misleading information on Our Website;
- promote, sell or imply that SimplyTravel is endorsing your services or products, through the use of Our Website;
- translate into any language or computer language, reverse engineer or create derivative works from, The Content or any part of Our Website;
SimplyTravel may, at our sole discretion, at any time and without notice or liability, suspend, terminate or restrict your access to Our Website.
User submissions & Reviews
We appreciate your interaction with Our Website and receiving your feedback. Please be aware that by voluntarily submitting content to Our Website by postings on Our Website, electronic mail or otherwise, including any establishment or attraction reviews, photographs, images, video clips, questions, comments, suggestions, ideas or other material ("User Submissions"), you grant SimplyTravel and its affiliated companies, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, display such User Submissions in any form or media. You further grant SimplyTravel the right to pursue at law any person or entity that violates your or SimplyTravel's rights in the User Submissions by a breach of this agreement. You grant SimplyTravel the right to use the name that you submit in connection with such User Submissions. You represent and warrant that you own or otherwise control all of the rights to the User Submissions; that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person. SimplyTravel has the right but not the obligation to monitor User Submissions and reserves the right to edit or remove any User Submissions. SimplyTravel takes no responsibility for any User Submissions displayed.
Disclaimer of Warranties and Limitation of Liability
Our Website and all information, content, materials, products, software and services included on or otherwise made available to you through Our Website are provided by SimplyTravel on an "as is" and "as available" basis. SimplyTravel makes no representations or warranties of any kind, express or implied, as to the operation of Our Website or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or otherwise made available to you through Our Website. Although we exercise reasonable efforts, SimplyTravel does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, ratings, reviews and description of the Principals displayed on Our Website or included within communications with, as much of this information is provided by the respective Principal. SimplyTravel expressly disclaim any representation or warranty that Our Website will be free of viruses, that our services will be available uninterrupted and communications to or from Our Website will be secure and not intercepted. You expressly agree that your use of Our Website is at your own sole risk.
By marketing travel to South African and international destinations, SimplyTravel does not represent or warrant that travel to such destinations is advisable, suitable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
In no event shall SimplyTravel be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind, whether based on a theory of negligence, contract , tort, strict liability, or otherwise, which arise out of or are in any way connected with (i) any use of Our Website or content found therein, (ii) any failure or delay, or (iii) the performance or non-performance by SimplyTravel, its agents or the Principals, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
The Principals providing travel or other services on Our Website are independent contractors and not agents or employees of SimplyTravel. SimplyTravel shall not be held 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 there from. SimplyTravel have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
If, despite the limitation above, SimplyTravel is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitations or exclusions of liability above, then SimplyTravel liability will in no event exceed the greater of the service fees earned by SimplyTravel in connection with such transaction, or R1000.
You agree to defend and indemnify SimplyTravel and their agents, and each of their respective officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of this agreements, your use of Our Website, your violation of any law or the rights of any third party.
Reservations, Amendments & Cancellations
Upon submitting your reservation request you authorize SimplyTravel to facilitate travel reservations, on your behalf, including making payment arrangements with tour operators, airlines, hotels and other travel related suppliers.
By making such a reservation request, you agree to abide by the terms and conditions of purchase imposed by the Principal with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Principal's rules and restrictions regarding availability and use of fares, products, or services. You further accept and agree to the relevant cancellation, amendment and no-show policy of that Principal.
Whilst we have made every effort to ensure accuracy and availability, some errors might still occur and we reserve the right to correct or amend reservations. Once aware of such incidents we will make all reasonable effort to advise you within 2 working days. In the event of a price correction to a reservation, we will offer you the opportunity to keep your reservation at the correct price, or at your option, we will cancel your reservation without penalty. This right applies whether or not the reservation has been confirmed and/or payment received.
In the unlikely event of the Principal cancelling your reservation after the booking has been made, we will make all reasonable effort to advise you as soon as possible. Should the Principal be unable to fulfil your reservation, you will have the choice of accepting an offered alternative or cancelling your reservation with a full refund of all monies paid. In cases where the Principal is unable to provide an alternative, we reserve the right to cancel your reservation with a full refund.
SimplyTravel acts as an agent for the suppliers and the Principals found on Our Website. We endeavour to offer the best possible price for these products and services .The final price for your reservation may increase after you have made a reservation. The suppliers and the Principals outline when this may happen in their terms and conditions. By making a reservation through Our Website, you enter into a contractual relationship with the Principal at which you book. It is your responsibility to familiarise yourself with such terms and conditions.
SimplyTravel strongly advises you to take out adequate insurance cover such as cancellation due to illness, curtailment, injury or accident, personal accident and personal liability, loss of or damage to baggage and default at time of booking. SimplyTravel will not be responsible or liable if you fail to take adequate insurance cover or at all.
Travel documents such as airline tickets, hotel vouchers and transport vouchers, are couriered to you once final payment has been received and processed. It is your responsibility to review these documents for errors and/or omissions found on these documents or with your itinerary.
Airline Responsibility & E-Ticketing
The passenger ticket in use by the airline, when issued, shall constitute the sole contract between the airline and yourself. In the event of the issue of E-tickets, please note these do not carry the terms and conditions but should you require these, the contracts may be found on the website of each airline. You must be ready to show your identity document and that of each member of your party, including minors, and possibly your credit card at the check-in counter of the airline concerned.
Please reconfirm all forward and onward travel arrangements (including domestic connecting flights required upon your return) 72 hours prior to departure. Failure to do so could result in the cancellation of your reservations. We further recommend you do this as it will bring to your attention any unexpected changes which may occur to your travel times or dates.
The time shown on your 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. Check-in times, as advised by your carrier, are the latest times at which you can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which you must present yourself for boarding. Your carrier may refuse you carriage if you are late.
While every effort is made to adhere to your confirmed itinerary, SimplyTravel and/or our Principals reserve the right to make changes to your travel arrangements where it becomes necessary, such as weather conditions which can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is your duty to check each amendment to your itinerary.
In the unlikely event of there being 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 SimplyTravel, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions will be for your account.
We welcome your special requests. SimplyTravel will use our best endeavours to accommodate such requests; however we cannot guarantee that they will be met.
Passports, Visas and Health Requirements
It is your responsibility to obtain correct, current and valid passports, visas, vaccinations, inoculations and re-entry permits where required. SimplyTravel will not be held responsible or liable for any consequence of any nature arising from your failing to ensure that you have complied with all such requirements. You must ensure that the details supplied to SimplyTravel mirror those details shown on your passport for international travel and ID documents for local travel. The South African government currently require passports to be valid for a minimum of 6 months after your intended return date.
We will endeavour to assist you but such assistance will be at our discretion and you acknowledge that in doing so, SimplyTravel is not assuming any obligation or liability and you indemnify SimplyTravel against any consequences of non-compliance. It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.
It is your responsibility to adhere to the terms and conditions regarding baggage as imposed by your airline and/or tour operator.
These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes of any sort that might arise between you and SimplyTravel.
You agree that no joint venture, partnership, agency, or employment relationship exists between you and SimplyTravel as a result of this Agreement or the use of Our Website.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the parties with regard to the subject matter hereof.
If any part of this Agreement is found to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our failure or delay in enforcing any provision of this agreement at any time does not waive our right to enforce this agreement in the future.