Legal - Holiday packages & combo bookings
1. kulula.com
kulula.com, including
2. Exclusion of Liability, Suppliers' Terms & Risk
2.1 The Company acts as an agent/broker in selling the accommodation, tours and travel arrangements featured on the Company’s website and offers,
2.2 While the Company makes every effort to engage quality suppliers among the hotels, tour operators and other service suppliers to provide the travel products featured, as a third party, it does not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, injury, additional cost, accident, delay, irregularity that may be occasioned by any error or default, act or omission of any supplier in carrying out any travel arrangement, or otherwise in connection therewith.
2.3 The Company accepts no liability for changes, omissions or delays before or during the course of any tour or other travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, flooding or fire, communication breakdowns or events beyond the control of the Company. All expenses occasioned by such events, including but not limited to, unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional
2.4 If in the opinion of the Company the fulfilment of any tour is considered impossible, illegal or inadvisable because of weather conditions, flooding or fire, unrest, strikes, war and/or any other adverse factors beyond the Company’ control, the Company may at any time cancel such tour or the remainder thereof or make alterations to the route, accommodation, price and/or any other aspect thereof as it deems fit in its sole discretion, and any losses and expenses resulting from such cancellation or alteration shall be for the account of the customer.
2.5 All bookings are subject to the terms and conditions specified by the supplier of the services. The Company will provide on confirmation of booking or request, the identity of the supplier and such supplier's terms and conditions, which may include, but are not necessarily limited to, provisions regarding the cancellation fees or amendment fees applicable to confirmed reservations, refunds/no refunds for no-shows/unused services; late booking fees; baggage allowances; confirmation of flights, etc. In the case of airlines, the general cancellation fee applicable to tickets
2.6 Save in the event of wilful misconduct or gross negligence by the Company, neither the Company nor its holding or parent company or representatives shall be liable for any loss, injury, death or damages, arising from any tour/travel package/travel arrangement listed on the website or offerings.
2.7 The Company will not be responsible or liable for any charges that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected.
2.8 The Company will not be liable to the customer/s for any indirect, consequential or special loss arising out of, or in connection with any tour/travel package/ travel arrangement/ booking with the Company howsoever caused or arising (including, without limitation, breach of contract, negligence or otherwise, any loss of profit, revenue, goodwill, reputation, anticipated savings or business).
2.9 The customer hereby indemnifies and keeps indemnified the Company, its directors,
3. Prices
3.1 Prices quoted in any offer, price insert, brochure, website, advertisement, or the like, are based on
3.2 All information contained on the Company's website and price displays are to the best of the Company’s knowledge and belief true and correct, but the Company accepts no liability for any errors and/or omissions and/or inaccuracies contained therein.
3.3 If a price displayed contains an inadvertent and obvious error, neither the supplier nor the Company shall be bound by it. Any pricing errors displayed due to a system or supplier error, will not be
3.4 If you choose to book via the Contact Centre or a Travel Agent, please note that additional fees and surcharges may apply.
4. Reservations
4.1 An agreement will not exist between the Company and the customer until such time as the customer has read and accepted our Terms and Conditions prior to securing a booking on the website, or until the Company has received a completed and signed copy of the standard Booking Form. Please ensure that names are given exactly as shown in the passport/s, as the Company cannot be held liable for costs incurred for name changes on any documents issued. Once airline tickets have been issued, such tickets have to be cancelled and reissued. The Company will not be held liable for any costs incurred as a result of a passenger being denied boarding due to names on tickets not matching those shown in passports (or ID documents, in the case of domestic flights).
4.2 Prior to confirmation of the booking the customer shall pay the Company the total price due. In some instances, a non-refundable deposit may be required, with the balance of payment due 8 weeks prior to travel. The Company reserves the right to cancel any reservation for which full payment has not been received within the stipulated timeframes. The price of land arrangements can only be fixed once full payment is received by the Company.
4.3 Prices quoted do not include any items or services not specified in the quotation provided, or the Company's pro forma invoice. Typical items not included are: a tour leader from South Africa, airport taxes, costs of obtaining visas and passports, telephone calls, laundry, entertainment arrangements not shown in itinerary, parking, transfers, tourism levies, entrance fees, conservation levies, mini bar, meals and beverages and airfares (unless specified), or any item of a personal nature.
4.4 Documentation is only prepared once full and final payment is cleared in the Company’s bank account, and a completed booking form/acceptance of terms and conditions is received by the Company.
4.5 No extra persons will be allowed to check in at a hotel. The hotel will only permit the exact number of people indicated on the voucher, to check in. Any extra persons must pay the hotel pricing on check in.
5. Payment and Penalty Fees
5.1 The Company will accept payment for all land arrangements, by credit card or cleared EFT. Booking paid via EFT is not guaranteed until such time as the funds reflect in the Company’s bank account. The company will accept payment for flights and car hire or flights and hotel accommodation or flights and hotel accommodation and car rental (Flight Combos) in full or in part for these Flight Combos using Avios (1000 Avios equals R60.00). There is no limit on the amount of Avios that can be used for payment or part payment for Flight Combos. Click here for full Avios Terms & Conditions. Customers risk price increases or loss of availability until full payment has been received. In the event that the Company has to swipe a credit card manually, a signed and validated Credit Card Charge Form (CCCF) is the only recognised form of payment. A copy of the front & back of the card is also required. For foreign cards, additional information may be required.
5.2 The Company reserves the right to charge a booking fee and/or a handling fee for the processing of credit cards which will be included in the total tour price.
5.3 In the event of any reservation being completed less than 30 days prior to departure, the Company shall be entitled to levy a late reservation fee on top of the advertised price. The total price is due immediately on confirmation of booking and is non-refundable.
5.4 In the event of the customers cancelling their reservation for any reason, such cancellation must be made in writing and in such instances, cancellation charges will apply. Unless otherwise specified, cancellation penalties for international bookings are generally charged according to the following scale.
- Cancelled outside 8 weeks prior to departure – forfeiture of deposit paid
- Cancelled within 8 weeks but outside 6 weeks prior to departure – 25% of total package price will be forfeited
- Cancelled within 6 weeks but outside 4 weeks prior to departure – 50% of total package price will be forfeited
- Cancelled within 4 weeks but outside 2 weeks prior to departure – 75% of total package price will be forfeited
- Cancelled within 2 weeks prior to departure – 100% of total package price will be forfeited
Domestic and regional game lodges and hotels - Each establishment has its own cancellation policy. The general rule however for cancellations prior to the arrival date is:
- Cancellations less than 7 to 14 days forfeit the full payment.
- Cancellations 14 to 28 days forfeit 50% of the full payment.
Domestic packages other than for game lodges - cancellation penalties will be 100% of the tour package
5.5 Amendment/change fees will be charged
5.6 Administration charges will be levied on all documentation/vouchers submitted for re-issue or refund.
5.7 No refunds will be made for no-shows, or for any unused services irrespective of whether they form part of the basic inclusive tour price, or whether they are in respect of pre-booked optional arrangements.
5.8 Should
6. Hotels/Itineraries
6.1 Due to unforeseeable operational reasons, the Company reserves the right to substitute hotels listed with others of a similar or higher category. Extra costs may be incurred by the
6.2 Confirmation of
6.3 Travel arrangements may be altered where necessary due to local conditions en route. While it is possible for passenger/s to break away from planned holiday itineraries after departure, it is understood that extra expenses incurred as a result of such a breakaway will be for the customer/s account, and any unused service cannot be refunded. Amendments and cancellations en route must be made with our operators/representatives in the visited destination directly. In the event that a service confirmed by the Company becomes unavailable or is changed by a supplier for whatever reason, the Company does not accept liability for such unforeseen circumstances.
6.4 Overbookings – in the event that the Company is obliged to cancel a customer’s booking due to an overbooking situation with any suppliers, the Company undertakes to contact the customer or travel agent without delay and offer an alternative of a comparable standard, or a full refund.
7. Special Requests
Any special requests must be made at the time of booking, including but not limited to specific room categories, smoking or non-smoking rooms, interleading or adjoining rooms, specific floors within a hotel, etc. The Company will
8. Travel Documents, Passports, Visas, Vaccinations, Inoculations and Re-entry Permits and International Driver’s Licences
8.1 All
8.2 Neither the Company nor the supplier shall be responsible for any consequences whatsoever should the
8.3 Should the Company be required to courier documents, any costs incurred will be for the customer’s account.
8.4 If customers intend to drive a rental car, they should obtain an international driving permit from their local AA office in South Africa prior to their travels. The customer must also be in possession of his/her local driving
8.5 Adults
9. Insurance
9.1 It is the responsibility of the traveller to ensure that they are adequately covered in respect of travel insurance, to include cover for personal accident, medical expenses, baggage, and cancellation and curtailment.
10.General Information
10.1 The Company will not be responsible for any changes to flight times, incorrect dates of travel or incorrect accommodation selection. The customer is responsible for ensuring the correctness of the information set out in the quotation and the confirmation thereof prior to travel. Any additional cost to rectify the booking error/s will be at the customer’s expense.
10.2 Reconfirmations – Customers travelling internationally are reminded of the importance of reconfirming their onward/return flight reservations, on arrival at each destination, as failure to do so may result in cancellation of reservations by the airline.
10.3 Upgrades/Frequent Flyer Miles – Packages are constructed using discounted airfares, therefore frequent flyer upgrades and the accrual of frequent flyer miles or points are not available on any of the Company’s packaged holidays.
10.4 There may be times when suppliers offer
10.5 The Company shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.
10.6 No indulgence, which the Company may grant to any party, shall constitute a waiver of any of the rights of the Company who shall not thereby be precluded from exercising any rights against the customer and/or the traveller which may have arisen in the past or which might arise in the future.