Truly Exclusive ‘the Company’ has its office at Unit 3, Tijgervallei Office Park , Office block 76, Silver lakes Drive, Pretoria , South Africa . Truly Exclusive is a travel brokerage and concierge company offering services and amenities on behalf of operators – Truly Exclusive itself is not an operator and acts like a travel agent. Therefore certain terms and conditions from respective operators (like airlines, owners, agencies and other companies) may apply.
BOOKING YOUR HOLIDAY
(C) As we offer a Truly Exclusive service, we will send you our Truly Exclusive questionnaire which will enquire about various requests such as religion, special Requests, diet requirements, room location, favourite drinks, snacks, reading materials etc. Please note that this information will be treated with the utmost privacy and we only enquire about this to ensure that we assist in making your trip as memorable as possible. In the event that the respective carrier, agent, yacht is unable to comply with your request, we will inform you well in advance to make alternate arrangements. The provision of any special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met. Please note that we will not entertain any illicit requests and as company policy we do not arrange any escourts.
(D) A contract will come into existence on the date on which we accept your signed quotation and receive full payment. When you make a booking you are confirming that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party. (e) It is important for you to check the details on the Quotation as soon as you get it. In the event of any discrepancy please contact us immediately. If you arrange your holiday directly with the Company all correspondence and other communications will be sent to the address of the first person named on the Booking Form unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(E) If your booking is made through a travel agent, the Company will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you.
2. AMENDMENTS & CANCELLATION
(A) Amendments By You
The Company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing, signed by the signatory of the Booking Form. If it is possible to make the amendment, it will be subject to any expenses incurred by the Company as a result of the change and in any event subject to the terms and conditions of the various service providers and operators. If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Company, (but it should be noted that some suppliers, including airlines consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the service) provided that:
(I) if you request a transfer in writing allow reasonable time for the changes to be communicated to, and accepted by the various suppliers.
(II) your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the company, full detail, of the person who will replace you, any balance due for the booking.
(III) your replacement agrees to be bound by these booking conditions. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges. Please note that airlines in particular sometimes charge a l00% cancellation fee and the cost of a new ticket.
(B) Cancellation By You
All cancellations must be advised in writing, signed by the signatory of the Booking Form and sent to the Company at the address mentioned above. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended. If the company is able to cancel the booking, all fees and or/penalties as a result of the cancellation (imposed by the various carriers, owners, clubs as well as a R5000 cancellation fee to Truly Exclusive) will become payable by you. We strongly recommend that you secure adequate travel insurance, which should in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees, at the time of booking.
(C) Re-Booking Following A Cancellation
Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. The Company may use their absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater payment than has already been paid then the balance becomes due immediately.
(D) Accuracy Of Information
We check the information which we provide about our holidays very carefully. However, tour, excursion or cruise itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
In the event of any delay to your outward or homeward journey, The Company, or their appointed agent, will do everything possible to assist you in making alternative travel arrangements.
(F) Amendments By The Company
Great care is taken to ensure that the description and prices given in this brochure are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in this brochure, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Tax Invoice has been issued, the Company makes every effort to operate all holidays as advertised. Please note that we make use of independent suppliers such as airlines, hotels, transport operators and guides, over whom we have no direct control. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are minor. However, if we consider them a material change we will notify you or your travel agent as soon as reasonably practicable.
(G) Cancellation By The Company
We reserve the right in any circumstances to cancel your holiday for any reason. If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid.
3. TRULY EXCLUSIVE
(A) All prices are subject to the ZAR currency fluctuations as we are a rand based company.
(B) The Company is under no obligation to give a breakdown of the costs involved in a holiday.
(C) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking.
(D) Fuel prices are volatile and many airlines are charging fuel supplements, often at short notice. The price of your travel arrangements can be varied due to changes in transportation costs such as fuel including the cost of fuel, dues, taxes, fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, exchange rates, scheduled airfares and any other airline costs changes which are part of the contract between airlines (and their agents) and the tour operators, meaning that the price of your travel arrangements may change after you have booked. Government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation may also vary the price after you have booked.
(E) The financial commitments offered by the company mean that the company is not able to reduce holiday prices should the value of the Rand change in your favour.
4. RESPONSIBILITIES OF THE COMPANY
(A) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.
(B) The descriptions, information and opinions given by the Company in respect of the airlines, hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing. The Company its servants, agents, or suppliers does not accept any responsibility for the loss, death or personal injury suffered in providing the services which make up your holiday whatsoever, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by the Company or its servants, agents or suppliers even with the exercise of all due care.
(C) Our suppliers (including but not limited to accommodation, transport and activity providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
(D) Operational decisions may be taken by carriers and airports resulting in delays, diversions or rescheduling. Truly Exclusive has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You must have adequate travel insurance for your holiday and should claim via your insurance company for any loss or damage to luggage and/or personal possessions.
5. YOUR RESPONSIBILITIES
(A) Before making a booking, we advise you to check advice issued by the Foreign & Commonwealth Office nearest to you. (you can also see this on www.fco.gov.uk/knowbeforeyougo . US residents who are planning a holiday with us should be aware that the US State Department issues a travel warning when, based on all relevant information, it determines that Americans should avoid travel to or within a certain nation. The State Department maintains a list of nations under a travel warning on its website at: www.travel.state.gov. American travellers are advised to check this before making a booking.
(B) It is important that you check the details on your Quotation when you receive it. In the event of any discrepancy, you should contact the company or your travel agent.
(C) Please take special care about general information concerning passport, visa and health requirements. You will mostly need a full 10 year passport to travel which is valid for six months after the date of your return. Some destinations also require visas and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take prior to departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, heath certificates and international driving licenses, to ensure that these are in proper order and to take them with you. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents.
(D) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
(E) Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
(F) If you lose any personal items whilst on holiday, please obtain a written report from the police, to assist you with any insurance claim upon your return.
It is a condition of booking that you and all members of your party have comprehensive travel insurance cover and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. If you suffer from a disability or medical condition you should disclose this to insurers. For those who participate in sports and activities whilst on holiday, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you whilst on holiday.
7. AIRLINES & OTHER SUPPLIERS
(A) As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to international Conventions which limit and/or restrict the suppliers' liability. (Copies are available on request.).
(B) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly the times of flights and other forms of transport are estimates only and cannot be guaranteed.
(C) The majority of airlines have introduced a total smoking ban on most or all of their flights. Please ask before booking if this information is important to you.
(D) Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.
Please note that when you book an excursion The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company's terms and conditions. The Company will, at its discretion offer advice, guidance and assistance if you or any member of your party suffer death, illness or injury arising out of an activity. Where legal action is contemplated and you want the Company's assistance, you must obtain the Company's written consent prior to commencement of proceedings.
9. DATA PROTECTION ACT
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. Additionally controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons.
10. ILLNESS AND DISABILITY
you or any member of your party suffer from a disability or other medical condition please tell us before you book. Truly Exclusive is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. However, most of our holidays are in destinations which are off the beaten track and lack even the simplest facilities for disabled guests such as ramps for wheelchairs, lifts and so on. Many of our holidays require a fair degree of physical fitness. Medical facilities may not be readily available. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure.