Terms & Conditions

Group Terms and Conditions for Travelers

These terms and conditions apply to all Travelers and all Bookings and South Africa 2023 Group Trips hosted by Travel Maven. These terms and conditions and any special conditions related to a South Africa 2023 Group Trip with any agreed credit addendum shall form the entire agreement between Travel Maven and the undersigned.

1. DEFINITIONS

“Traveler” means adult participants and their party (unless otherwise agreed).

“Travel Service/s” means one or more of the following services: accommodation, air travel, coach transport, South Africa 2023 Group Trip hired manager services, interpreters, entrances, restaurants, or South Africa 2023 Group Tripist booked attractions, such other services agreed by us and you, and any combination thereof.

“South Africa 2023 Group Trip” is the specific combination of Travel Service/s confirmed by you for this trip.

“we” and “us”, “our” and “Travel Maven” mean Travel Maven, a Time Managed LLC company.

“you”, “your” and “yours” mean you, the undersigned.

2. BOOKING PROCEDURES.

2.1 You shall be responsible for ensuring that all travel members review and agree to the terms set forth in the applicable itinerary prior to entering into any binding agreements in respect of the same.

2.2  You shall strictly comply with any legislation relating to packaged travel services, including legislation adopted in respect of the EU Package Travel Directive (“Directive“), that applies to the Travel Services under applicable law.

3. VISAS & PASSPORTS.

3.1  It is your responsibility to ensure all Travelers on the South Africa 2023 Group Trip carry a valid passport and appropriate visa(s) and other traveling documentation.

3.2  Travelers are required to submit valid passport scans to your Traveler Profile 5 weeks prior to the travel date. Failure to upload, even after full payment, will be determined as a forfeit.

3.3  Visa and invitation letters are issued on the understanding that Travelers will stay in the hotel(s) booked and return home after the South Africa 2023 Group Trip.

3.4  We shall have no liability for the processing or issuing of visas or invitation letters.

4. PRE-PAYMENT TERMS AND CHARGES.

4.1  Payment must be made by you 5 weeks prior to the date of the South Africa 2023 Group Trip departure unless otherwise specified in the Itinerary or any separate payment agreement agreed to by us. Payment must be made in the quoted currency by bank draft or bank transfer to a bank account notified to you. 

4.2  All costs for hotel-related extras (i.e., goods or services not expressly set forth in the applicable Itinerary) incurred by Travelers must be paid directly by you to the hotel before departure. We shall not be responsible for hotel charges in respect of discretionary services incurred by Travelers.

4.3  Any damage caused by a Traveler in a hotel is the responsibility of such Traveler and charges for such damage must be paid by the same prior to departure from such hotel.

4.4  If payment is not received 5 weeks prior to the due date in accordance with these conditions, and no alternative arrangement has been agreed by us, we reserve the right to:

a.  cancel your South Africa 2023 Group Trip(s) and rescind any or all South Africa 2023 Group Trip arrangements;

b.  refuse to supply you with future South Africa 2023 Group Trip Arrangements or specific Travel Services;

c.  terminate with immediate effect any or all contracts with you at our discretion, including with respect to South Africa 2023 Group Trips that have been paid for but have not yet commenced;

d.  demand prepayment for existing South Africa 2023 Group Trips as a condition to not canceling the same;

e.  cancel any reservation being held on your behalf;

(together with all costs (legal or otherwise) and expenses incurred by us or on our behalf in the collection of any overdue amount.

5. CANCELLATION.

See Appendix A for terms and conditions governing cancellations of Group Bookings.

6. TERMINATION.

6.1 If you:

a.  fail to pay any sum due to us;

b.  breach any of your obligations and, provided such breach is not material, fail to cure such breach within seven (7) days of receiving notice from us specifying the breach;

d.  become subject to a legal proceeding (or related legal proceedings) which in our sole discretion may affect your performance hereunder;

Then, in each case, without affecting our other rights under this agreement, we may terminate this Agreement effective immediately upon notice and any outstanding amounts or credit owed to us shall become immediately due and payable.

6.2  Unless you notify us otherwise in writing within 30 calendar days of receipt of these terms and conditions, this agreement shall take effect for the period commencing on the date we receive a request made by you in respect of a South Africa 2023 Group Trip as set forth herein and ending on the annual anniversary hereof; provided that this agreement shall renew automatically for additional one (1) year periods unless either party delivers a termination notice no later than thirty (30) days prior to the end of the then-current term.

6.3  Except as expressly provided in this agreement, following the termination of this agreement, we will have no further obligations to you.

6.4  Termination of this agreement will not affect any rights, remedies, or obligations of the parties that have accrued or become due prior to termination; provided, that upon receipt or delivery of notice of termination hereunder, we will be entitled to rescind any Itinerary and cancel any South Africa 2023 Group Trip Seat for which we have not received full payment from you.

6.5  Upon termination of this agreement, you will remain liable for all unpaid sums in respect of the South Africa 2023 Group Trip.

7. RESTRICTED INFORMATION.

7.1  All information (including text and images) displayed in the South Africa 2023 Group Trip Itinerary, any material provided to you by us or by any of our affiliated companies, or other information to which you gain access as a result of being a party to this agreement and our business relationship, including any intellectual property, proprietary technology, trade secrets, and know-how, in any form, shall in each case remain our (or our affiliated companies’) property and you will acquire no rights therein other than the right to use such information as set forth herein. You shall keep all such material strictly confidential, may not copy any such information or disclose the same to any third party without our prior written permission or use the same for purposes other than conducting business with us.

7.2  You shall be responsible for the compliance of your employees with the obligations set forth under this Article 8.

7.3  In no circumstances may you disclose prices or rates or any information relating to them or these terms and conditions to anyone who is not a member/or employee of your agency or company. We reserve the right to cancel Travelers of the South Africa 2023 Group Trips and terminate with immediate effect all contracts without prior notice to you, should you be in breach of the terms of this provision.

7.4  You may not use our name or logo or any of our trademarks or any merchandising without our prior written approval.

7.5  You shall not misrepresent your relationship with us in such a way that it could be construed that your business is in some way a part of, or affiliated with, our business or our affiliated companies.

8. LIABILITY AND INDEMNITY.

8.1  You, on behalf of yourself and your affiliates, owners, officers, directors, employees, agents, advisors, contractors, and subcontractors (each, an “Indemnifying Party“), hereby agree to protect, defend, indemnify and hold harmless Travel Maven, and its affiliates, officers, directors, shareholders, members, agents, advisors, and employees from and against any and all claims, demands, damages, losses (including, direct, indirect or consequential damages or losses), costs or expenses (including cancellation fees), of any nature whatsoever (including third party claims), including court costs and attorneys’ fees, arising directly or indirectly from or out of:

8.1.1  any breach by an Indemnifying Party of any of its representations, warranties, or obligations hereunder or its negligence or wilful misconduct;

8.1.2  the acts and omissions of an Indemnifying Party in connection with this agreement, including defaults hereunder and providing incorrect or incomplete information in respect of Group Bookings;

8.1.3  damages, losses, or expenses of Travelers; and

8.1.4  the acts or omissions of Travelers in respect of the South Africa 2023 Group Trip.

8.2   We shall provide you with prompt written notice of any claim and you shall be required to pay us any indemnification amounts within thirty (30) days of such notice; provided, that the failure to notify you shall not affect your indemnity obligations except to the extent you are materially prejudiced by our failure to provide such notice.

8.3  It is acknowledged and agreed that (i) we act only as an intermediary in reserving or arranging for hotels, transportation (including but not limited to flight, coach, cruise, and rail services), or any other Travel Services, (ii) we shall not be liable in any way to you or to any third parties should any information with respect to hotels or other Travel Services proves to be inaccurate, incomplete or misleading in any way, which such information is provided as a courtesy and without representation or warranty and (iii) we are not liable for personal injury, illness, property damage or other loss or expense of any nature whatsoever arising directly or indirectly out of any actions of hotels, transportation company or other suppliers providing services or Travel Services reserved through us. For the avoidance of doubt, Travel Maven, a Time Managed LLC company, shall have no liability under the Directive or any legislation adopted in respect thereof, whether as an organiser of a package or any other capacity.

8.4  All warranties, conditions and other terms implied by statute or common law (except the conditions implied by section 12 Sale of Goods Act 1878) are, to the fullest extent permitted by law, excluded from this agreement.

8.5  Neither us nor our affiliates shall be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential) or any claims for consequential compensation whatsoever and however caused which arise out of or in connection with this agreement.

9. COMPLIANCE WITH CERTAIN LAWS.

9.1  You represent, warrant and undertake that you have and will comply in all respects with all applicable laws and regulations, international trade norms, applicable restrictions on trade, funds flow, terrorism financing, anti-money laundering and bribery and corruption prevention legislation, including, but not limited to, the UK Bribery Act 209 and the Directive, to the extent applicable. With respect to the latter, to the extent not prohibited by applicable laws, you further represent and warrant that (i) you have the sole responsibility for providing end customers (“Travellers” under the Directive) with all the pre-contractual information required pursuant to Chapter II of the Directive; (ii) because Travel Maven is established outside the European Economic Area, you have the sole responsibility for complying with all the provisions and obligations related to the performance of the Travel Services, pursuant to Chapter IV of the Directive, and to insolvency protection, pursuant to Chapter V of the Directive; (iii) if the Travel Services offered by you to Travellers may constitute either “Linked Travel Arrangements” or “Packages” (as these terms are defined under the Directive), you will (a) provide clear information to Travellers specifying that, in certain circumstances, what they are buying is not a Package and that consequently, they will not benefit from the rights applying to Packages under the Directive; and (b) incorporate clauses in your agreements with Travellers describing under what circumstances the Travel Services that Travellers are buying from you constitute a Package (in line with Appendix B); and (iv) you will incorporate in your agreements with Travellers information related to changes to Packages (Chapter III of the Directive), in line with Appendix C.

9.2  You warrant that to the best of your knowledge, neither you nor your Associated Parties have been convicted of an offense involving bribery or corruption or are subject of any investigation by any governmental, administrative or regulatory bodies.

For the purposes of this clause:

“Associated Parties” means a person (including an officer, employee, shareholder, representative, agent, contractor, subcontractor, or subsidiary) or other third parties connected to a party by virtue of actions undertaken in fulfillment of obligations in this agreement.

“Sanctions” means any laws, regulations, orders, or licenses relating to economic or financial sanctions or trade embargoes, or related restrictive measures imposed, administered, or enforced from time to time by any authority.

9.3  You shall provide supporting evidence of such compliance as we shall reasonably request. Violation of this clause by you shall be a material breach of this agreement.

10. FORCE MAJEURE.

We shall not be liable to you for any loss, additional costs or expenses connected with our inability to fulfil our obligations by reason of any force majeure event, including but not limited to fire, earthquake, flood, bad weather, epidemic, explosion, strikes, riot, act of terrorism, civil disturbance, war, an act of God or any failure or delay of any transportation, power or communications system. For the avoidance of doubt, force majeure events may include disruptions caused by the COVID-18 pandemic. In such an event, we shall use our reasonable endeavors to provide alternative arrangements or refund any sums paid.

11. PRIVACY & DATA PROTECTION.

11.1  Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation that arises in connection with this agreement.

12. GENERAL.

12.1  All contracts between us shall be governed and construed in accordance with United States Law and under the exclusive jurisdiction of the United States Courts except to the extent that we invoke the jurisdiction of Courts of another country.

12.2  The failure by either party to exercise or a delay in exercising, a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy, or a waiver of any other rights or remedies.

12.3  We will be entitled to set off any liability of ours and/or our affiliates to you or your affiliates against any liability of yours or your affiliates to us and/or our affiliates, in either case whether the liability is present or future, liquidated or unliquidated and irrespective of the currency of its denomination. We may convert or exchange any currency for the purpose of exercising its right of set-off hereunder.  Any exercise by us and/or our affiliates of our rights hereunder will be without prejudice to any other rights or remedies available to us and/or our affiliates under this agreement or otherwise.

12.4  This agreement, and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement.

12.5  If any provision of this agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this agreement or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement.

12.6  Any notice or other communication given under this agreement must be in writing and sent by recorded post, or transmitted by fax or email to the relevant party’s address as last notified by the applicable party. Any notice or other communication shall be deemed to have been duly delivered (i) in the case of delivery by way of a registered service, on the date of delivery confirmed by such registered service, and (ii) in the case of fax or email, on the day the same is received.

12.7  We reserve the right to provide the services and fulfil our obligations hereunder through our affiliated companies or third party service providers.

12.8  You may not assign your rights or obligations hereunder without our prior written consent.

12.9  We may assign, transfer or provide a security interest in our rights hereunder or in any amounts owing by you to us hereunder.

13. COVID-19 Provisions

13.1  Until you are otherwise notified by us in writing, and further to clause ‎4 above, you shall require and ensure that as a condition to their participation in the applicable South Africa 2023 Group Trip each Traveler agrees to the terms and provisions set forth in Appendix D hereto, as the same may be adjusted in form (but not in substance) for the purpose of incorporation into such documentation and agreements entered into by you and your party. 

APPENDIX A

GROUP TRAVEL OPERATING PROCEDURE

1. HOTEL.

a.  If we are not able to book the listed hotel on the website itinerary, a hotel of a comparable level of luxury will be booked.

b.  Special requests to hotels such as non-smoking, adjoining, or interconnecting rooms cannot be guaranteed.

c.  We cannot guarantee that handicap-accessible rooms will provide sufficient access in all cases and it is solely your responsibility to confirm any such accessibility needs independently.

d.  We shall not have any liability nor will we be required to pay any refunds or damages in the event that a hotel is undergoing renovations or other repairs, or if the same extends beyond a date originally advised.

e.  Bookings must not be made with fictitious names. If you do provide incorrect information in connection with a booking you may incur non-arrival charges and other fees.

f.  Check-in and check-out times shall be in accordance with each hotel’s policy, as the same may be in effect from time to time, and we make no representations and shall have no liability in respect thereof.

g.  It is your responsibility to confirm the number of beds need in your hotel room in South Africa 2023 Group Triple and we shall have no liability in respect thereof.

h.  Porterage is not always available at all hotels.

2. South Africa 2023 Group Trip CANCELLATIONS AND AMENDMENTS.

a.  All cancellations of South Africa 2023 Group Trips must be notified to us in writing. The cancellation date will be deemed to be the date on which we receive the notification in writing. Wherever possible we will negotiate with hotels and other suppliers of Travel Maven to reduce the cancellation charges which in any event will be borne by you. 

b.Travel deposits are NOT refundable.

c.  Any reduction in the number of Travelers traveling on a South Africa 2023 Group Trip must be notified to us immediately in writing. While we endeavor to negotiate with suppliers to reduce cancellation charges, we reserve the right to pass on to you any cancellation charges charged to us by our suppliers.

d.  No refunds will be made if a Traveler leaves the South Africa 2023 Trip for any reason whatsoever, whether voluntarily or otherwise, after South Africa 2023 Trip has begun. Additionally, no refunds will be made for any accommodation, transport, sightseeing, meals, or services reserved but not utilized.

e.  Should you wish to alter the South Africa 2023 Group Trip whilst such South Africa 2023 Group Trip is in progress in any way we shall not be liable to you for any costs, loss, claims, expenses, or damage that occurs during or as a result of any alternative arrangements you make.

f.  In circumstances where we consider it is necessary, in our discretion, to amend an itinerary (e.g., due to local conditions), we may do so by shortening, varying, or completely rerouting any South Africa 2023 Group Trip in which case both parties will cooperate to accommodate the changes and resolve any problems.

2. FLIGHTS

a.  Information on the ticket is deemed correct. It is your responsibility to check the air/cruise /rail tickets and other documents of your Traveler immediately upon receipt. If any details are incorrect you must advise us immediately. Failure to do so may result in the inability to use the same and we shall have no liability or provide refunds in respect thereof.

b.  Please note that a flight described in your flight ticket as “direct” will not necessarily be non-stop.

c.  We are not liable if there is any change to a departure/arrival time previously given to you or shown on your ticket. It is for this reason that you are required to reconfirm your flights with the airline in accordance with the airline’s applicable reconfirmation deadline.

d.  We are unable to make any special arrangements for you if you are delayed; these matters are at the sole discretion of the airline or transport operator concerned.

e.  Please note that where a sector of a flight itinerary is not utilized without contacting the carrier directly any remaining sectors may be subject to cancellation without further notification. Where this situation arises, we are unable to accept responsibility for any costs incurred.