General Terms and Conditions of Service

General

Roze Travel (Pty) Ltd., registration number 2013/12206/07

This web site represents a legal document and constitutes the terms and conditions for our website: www.rozetravel.co.za ("Terms and Conditions"), privately owned by “Roze Travel (Pty)Ltd.” This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By visiting Roze Travel’s website and/or Roze Travel’s services, you acknowledge and accept the Terms and Conditions set out below, and you hereby agree to fully comply with such Terms and Conditions. “Roze Travel (Pty) Ltd.”, reserves the rights to amend the Terms and Conditions from time to time or update them occasionally at the sole discretion and without incurring any liability in order to meet the appropriate requirements and standards. Your continued use of our website and/or our services after any amendments of these Terms and Conditions will constitute your acceptance of such amendments.

Interpretations and preliminary

a). The headings to the clauses are for reference purposes only and shall not aid in the interpretation of nor modify nor amplify the terms of this, the Company’s General Terms and Conditions of Service, nor any clause.

b). Unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa; The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely –

“Company” Means “Roze Travel (Proprietary) Limited”, registration number 2013/12206/07, a private company duly incorporated and domiciled in the Republic of South Africa and who operates and trades under the name and brand “Roze Travel (Pty) Ltd.” and “www.rozetravel.co.za”.

“Client” Means the person(s) named on the reservation form (whether it be a provisional or confirmed reservation form/request) and who contracts with “Roze Travel (Pty) Ltd.” on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to “Roze Travel (Pty) Ltd.” for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;

“You or Your” – refers to the client as defined.

“Quotation” – the written document supplied to you by “Roze Travel (Pty) Ltd.” and marked as such, valid for a period of 30 days from the date thereon for the itemized purpose and constituting an invoice for goods and services supplied or to be supplied as the case may be.

“Services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in South Africa. Such services include, but shall not be limited to the procurement by “Roze Travel (Pty) Ltd.”, acting solely as agent for the client, with third party service providers, of hotel, lodge and bed and breakfast accommodation, National Park, Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations.

“Supplier(s)” refers to the third-party agent with whom “Roze Travel (Pty) Ltd.” books services on behalf of the client, including but not limited to Attraction venues, Activity venues, shuttles, accommodation establishments, safaris and so on.

“Departure Date” means the date on which the Tour for which the Client has booked is set to depart for its attraction/tour/activity/destination as per the details of the relevant Tour Itinerary.

“Final Booking” means the final reservation of space on the selected Tour Itinerary by the Company for the Client after the Client has paid the Tour Fee in full on or before the Payment Date.

“Force Majeure” means any circumstances beyond the reasonable control of the Company, including, but not limited to, acts of God, explosion, flood, fire, war or threat of war, sabotage, civil disturbance, quarantine, government intervention, weather conditions or other unexpected occurrences.

“General Terms and Conditions of Service” means the terms and conditions as set forth in this agreement and which governs the relationship between the Company and the Client.

“Payment Date” means a date no later than 60 days prior to the Departure Date and on which payment of the Tour Fee, or any such outstanding balance thereof as is due after applying any deposit which the Client has already paid thereto, is payable.

“Provisional Booking” means the reservation of space on the selected Tour/Itinerary by the Company for the Client after the Client’s reservation request has been accepted by the Company and the Client has paid a deposit of 50% of the Tour Fee to the Company, but which reservation is subject to payment of the balance of the Tour/Itinerary Fee by the Client to the Company on or before the Payment Date.

“Tour/Itinerary” means the Holiday Package Itinerary which the Client has booked and includes accommodation, activities and travel as per the relevant itinerary.

“Tour/Itinerary Fee” means the amount invoiced to the Client by the Company for the Tour/Itinerary selected by the Client. Any reference in this General Terms and Conditions of Service to "Date of Signature" shall be read as meaning a reference to the date on which the Client signed the booking application; any reference to an enactment is to that enactment as at the Date of Signature Hereof and as amended or re-enacted from time to time; if any provision in a definition is a substantive provision imposing rights or obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the General Terms and Conditions of Service; when any number of days is prescribed in this General Terms and Conditions of Service, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday; where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail; expressions defined in this General Terms and Conditions of Service shall bear the same meanings in annexures or schedules to this General Terms and Conditions of Service which do not themselves contain their own conflicting definitions; the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding word/s; the words “other” and “otherwise” shall not be construed eiusdem generis with any preceding words where a wider construction is possible; the use of any expression in this General Terms and Conditions of Service covering a process available under South African law such as a winding-up (without limitation eiusdem generis) shall, if any of the parties to this General Terms and Conditions of Service is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such defined jurisdiction; where any term is defined within the context of any particular clause in this General Terms and Conditions of Service, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this General Terms and Conditions of Service, notwithstanding that that term has not been defined in this interpretation clause; and the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.

Booking Procedures/Payment Terms & Conditions

1. To secure your booking/reservation, The Client must pay to the Company a deposit equal to 50% (fifty per cent) of the Tour Itinerary Fee within 5 days of the Date of Signature and submission of the booking/reservation request. The Company shall, within 48 hours of such payment, register a Provisional Booking on the Tour for the Client and e-mail the Client a confirmation of the Provisional Booking,failure to do so timeously will result in the automatic cancellation of your booking

2. The remaining balance of payment amounting to 50% (fifty per cent) must be paid to us 60 days prior to the commencement of your booking however if you have booked your trip within 60 days of departure, the full payment must be paid on date of reservation to secure your booking.

3. Payment to Roze Travel (Pty) LTD will need to be made in United States Dollars (USD$).

All payments due by the Client to the Company shall be made to the Company’s bank account, the details of which are as set forth below, with the Client’s provisional booking reference code as reference:

Account Name: Roze Travel (Pty) Ltd

Bank Name: First National Bank

Account number: 62526168803

Branch code: 250655

Swift Code: FIRNZAJJ

4. Any bank charges incurred as a result of such a payment or foreign exchange differences will be for your account, notwithstanding the method of payment chosen.

5. Roze Travel (Pty) LTD reserves the right to cancel reservations should your deposit or balance of payment not be received on time.

6. Roze Travel (Pty) LTD reserves the right to increase a quotation before receipt of payment should the supplier increase the prices, this despite the quotation already having been issued.The updated prices will be posted to the website as soon as possible after notification.

7. Should you have paid in full for your booking and there are increases that occur in pricing that neither ourselves as agent nor the suppliers have any control of, you will be liable for these increases and will be billed accordingly. Roze Travel (Pty) Ltd. has utilized its best endeavours to ensure the accuracy of the tour/Itinerary price, such price is subject to change as a result of factors including, but not restricted to, changes in government imposed taxes, fuel price, hotel charges, tourism levies and or the introduction of national, regional or local taxes or levies of whatever nature that affect tourism related services and Park Fee Increases, are beyond Roze Travel’s reasonable control, in which event Roze Travel (Pty) Ltd. shall utilize its best efforts to notify clients of such change(s) as soon as possible.

Contract

There shall be no binding contract between the Company and the Client until such time as:The Company has accepted the Client’s booking/reservation and informed the Client likewise;The Client has paid a deposit of 50% of the Tour/Itinerary Fee to the Company. The Client is not entitled to space on the Tour/Itinerary until such time as a Final Booking has been confirmed to the Client by the Company.

Cancellations

Any cancellation of a Provisional or Final Booking by a Client must be done in writing and shall only be effective once the Company has acknowledged having received same.The date upon which the Company acknowledges receipt of the purported cancellation shall be deemed to be the date of cancellation. For any reservation cancelled within 30 days of the arrival date, a charge to the full value of the service booked will be made and any refund is subject to the discretion of the management. These cancellation fees are also subject to the discretion of Roze Travel (Pty) Ltd. Amendments and all cancellations en route must be made with Roze Travel (Pty) Ltd directly. No refunds will be made for no-shows, or any unused services irrespective of whether they form part of the basic tour price, or whether they are in respect of pre-booked optional arrangements. Cancellations made more than 60 days prior to arrival will not normally result in cancellation fees being charged. However, Roze Travel (Pty) Ltd reserves the right to recover any costs incurred or charges received from suppliers up to the date of cancellation. In the event of services being cancelled 60 days or less, prior to arrival, the following cancellation fees will apply:

• > 60 Days: No cancellation fees apply

• 30 – 60 Days: 50% of the total quoted price of tour/itinerary price is held as cancellation and is forfeited by the passenger plus any additional charges levied by suppliers up to date of cancellation.

• < 29 Days: 100% of the total quoted price due is forfeited by the passenger as cancellation charges plus any additional charges levied by suppliers up to date of cancellation.

• Tours that include services of certain suppliers with more stringent policies, e.g. National Parks Board, Blue Train, Rovos Rail, Private Lodges and others, different cancellation fees will be enforceable. These will be provided when applicable.

• The non-issuing of an invoice or non-payment of deposit will not exempt travellers from these cancellation terms.

• No refund or credit will be granted for travellers that:

1. Fail to join a tour.

2. Join the tour after the departure date.

3. Leave the tour prior to the completion date.

4. Fail to arrive at the accommodation establishment(s).

5. Arrive at the accommodation establishment one day or more later.

6. Leave the accommodation establishment one or more days earlier.

Changes to the Itinerary

The Company shall not be deemed to be in breach of these General Terms and Conditions of Service or otherwise be liable to the Client by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the Tour. No refunds are given for circumstances arising beyond the Company’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the Tour by the Client. In the unlikely event of a vehicle breakdown that is beyond the Company’s control and ability to repair within a reasonable period of time, the Company will arrange to have the spare part sent to the current location in the fastest possible time, but may be forced to amend the itinerary of the Tour to accommodate any delay incurred. The Company in any event reserves the right to alter the itinerary of the Tour to the extent it deems necessary in its sole discretion in order to make up any time lost due to any unforeseen circumstances arising which are beyond the Company’s control. The company reserves the right to cancel the Tour without prior notification and in such an event only agrees to refund all monies already paid and received by the Company from the Client.

Child Policy

A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided unless otherwise agreed in writing by Roze Travel (Pty) Ltd. Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking. Certain accommodation establishments refuse permission to children under the age of 12 years, such as certain private game lodges. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier. Suppliers, which allow children under 12, may have restrictions regarding activities, in which children may partake. This is at the discretion of the supplier and needs to be confirmed with Roze Travel (Pty) Ltd. at the time of booking. Roze Travel (Pty) Ltd. cannot be held liable for any changes to the suppliers’ child policy.

Insurance

Travel and cancellation insurance is mandatory for every Client. It is the Client’s responsibility to arrange and obtain the necessary insurance prior to the Departure Date. The Company recommends that the Client obtains insurance with protection for the full duration of the travel, to cover personal injury, medical expenses, repatriation expenses and loss of luggage. If a Client falls ill or is injured or otherwise becomes incapable of continuing with the Tour or any part thereof, then all hospital expenses, medical expenses, doctor’s fees and repatriation costs are for the Client’s account and the Company shall not be liable for any refund of the Tour Fee.

Liability

The Client agrees and concedes that the Company, its representatives and employees shall not be responsible for loss or damage to possessions, or injury or illness to the Client or loss of life or consequential damages which might occur from any cause whatsoever related to the Tour, unless directly caused by the Company’s negligence. In this regard, the Client irrevocably waives any rights the Client may have to claim any form of compensation for any damages which the Client may suffer due to loss or damage to possessions or injury or illness or death whilst on, or at any time after, the Tour, from the Company; and The Client hereby indemnifies and holds the Company harmless against any and all claims whatsoever the nature relating to the Tour. The carriage and storage of all baggage and personal effects are at all times done at the Client’s risk and the Company will not accept any liability for any loss or damage of baggage or personal effects.

Health and Age Restrictions

The Client acknowledges that it has read through and been made aware of the content and scope of the proposed itinerary of the Tour and hereby confirms that he or she is medically fit, in good physical and mental health and able to embark on the Tour. If a Client has a pre-existing medical condition or illness then the Client must declare the true nature of such a condition to the Company before the Departure Date. Any failure to fully declare such a condition may result in the cancellation of the Client’s Provisional or Final Booking. Children under the age of 18 must be accompanied at all times by an adult on the Tour.

Claims and Complaints

In the unlikely event that the Client has a complaint against the Company, the Company must be informed immediately in order that an opportunity is afforded to the Company to investigate the situation and provide redress. If the Client has any further complaints these must be lodged in writing to the Company, hello@rozetravel.co.za within 1 month of completion of the Tour. If these procedures are not followed, the Company will not start or continue any investigation of said complaint.

Rights and Responsibilities of the Company

The information in any brochure and printed itineraries is given in good faith by the Company and is based on the latest information available to the Company, but serve as a guideline only.The Company reserves the right to change the facilities or transport described in any publication without being liable for any compensation or refund. The Company specifically reserves the right to amend these general terms and conditions at any point in time and without prior notice. The Company shall take all reasonable steps to protect the personal information of Clients.

The Company Authority

Any decision made by the Tour guide, acting as a Company representative, shall be deemed final on all matters. The Company shall not be responsible or liable for any Client who commits an illegal or unlawful act in any city visited, or the consequences of such an illegal act. The Client may in such circumstances be excluded from further participation in the Tour without a refund, at the sole discretion of the Company or Company representative. If the Company considers a Client unsuitable for a Tour due to mental or physical illness or implied danger to any other Client or Company representative, it may at its sole discretion decline to carry the Client further. If a Client causes severe inconvenience or annoyance to other Clients, the Company may decline to carry the Client further, without any refund whatsoever. This will only occur after extensive intervention by the Tour guide or Company representative.

Client Responsibility

It is the Client’s sole responsibility to ensure that passports, visas, travel permits and inoculations required for the Tour are obtained well in advance and are in order in terms of all the countries to be visited.It is the Client’s responsibility to meet any additional costs incurred either by the Client or by the Company on the Client’s behalf as a result of any failure by the Client to comply with such requirements. The Company may not be held liable for any failure on the part of a Client to be in possession of the correct travel documentation. If a Client arrives at a border point or crossing without a passport, visa, travel permit or inoculation as required by the country being crossed into, or if such passport, visa, travel permit or inoculation as provided by the Client to the relevant officials is not deemed acceptable or sufficient, the Company may elect to deny the Client any further participation in the Tour. In such an event the Company shall attempt to assist the Client in making further travel arrangements, but shall not be obliged to do so or to wait until the Client has made such before continuing with the Tour; and The Company shall not be liable to repay any portion of the Tour/Itinerary Fee to the Client, nor for any expenses does the Client incur in such further travel arrangements as the Client decides upon.

Marketing

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.

Intellectual Property Rights

This Web site is for your personal and non-commercial use. You will not copy, distribute, transmit, modify, reproduce, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site. All the content on this site, including text, graphics, designs, logos, colours, icons, layout and trademarks are the intellectual property of “Roze Travel (Pty) Ltd.” and are as such protected by South African and International Intellectual Property Law.

Applicable Law

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. These standard terms and conditions and all agreements entered into between, Roze Travel (Pty) Ltd and the client pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement(s) where entered into.

Dom cilium

The Company’s chosen domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, is as follows:

The Client’s chosen domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, is as completed by the Client on the booking form.