byojet.co.za Terms & Conditions
Rosebank Travel (Pty) Ltd trading as byojet.co.za (hereinafter referred to as “byojet.co.za”) is an IATA accredited Travel Agency (IATA no. 77271714).
All services rendered by or on behalf of byojet.co.za are subject to the Terms and Conditions as set out hereinafter.
The person to whom any services are rendered by byojet.co.za (hereinafter referred to as “the client”), is deemed to have read, understood and accepted these Terms and Conditions.
Byojet.co.za provides an online travel website (hereinafter referred to as “the Website”) which offers travel services to clients either itself or acting as agents for principals engaged in or associated with the travel industry (hereinafter referred to as “the principal”).
As byojet.co.za represents the principal as an agent, it shall not accept liability for any loss, damage, injury, illness, harm or death which the client may suffer as a result of any act or omission of the principal whilst fulfilling its obligations. The contract in use by the principal, which is usually constituted by the ticket issued by the principal, shall constitute the entire contract between the principal and the client. At the request of the client, byojet.co.za will provide the client with the identity and the terms and conditions of all principals and it shall at all times remain the client’s responsibility to familiarize itself with such terms and conditions.
Once the client has initiated an enquiry on either the website or telephonically, byojet.co.za will prepare and provide the client with an estimated cost of the enquiry either online, by e-mail correspondence or telephonically. The aforesaid estimate is deemed to be accepted by the client once the client proceeds with the steps as specified on the Website or accepts the estimate either telephonically or via e-mail correspondence.
Full payment of the total amount due as per the estimate is required in order to confirm reservations with principals (hereinafter referred to as “the booking”). Once the booking has been completed and the client has authorized byojet.co.za to process the payment by submitting the booking for reservation, byojet.co.za will provide the client with e-mail correspondence which will contain the final details of the client’s booking (hereinafter referred to as “the booking confirmation”). In respect of air tickets, full payment for the booking is required to be made by midnight South African time on the day that the booking was made, in order to guarantee the fare quoted according to the booking confirmation. Tickets are not confirmed until issued.
The client acknowledges that it has selected the itinerary and destination(s) constituting the booking based upon information gathered from the internet. The client further acknowledges that the internet booking has been compiled, managed and up-dated by the principal, over which byojet.co.za has no control. Therefore, byojert.co.za does not guarantee that the itinerary and destination(s) will comply in whole or in part with such advertised on the internet. Accordingly, any right of recourse in this regard will be against the principal.
Should the client request byojet.co.za to make bookings through the internet, the client authorizes byojet.co.za to make any selections of and for the proposed travel arrangements; to make payment of a booking and ancillary services; and to accept booking conditions, on its behalf. Additional service fees may be applicable if byojet.co.za completes a booking on behalf of a client.
The client acknowledges to reconfirm all onward travel arrangements at least seventy two hours prior to departure.
Full payment of the price may be effected via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the specified byojet.co.za bank account, the details of which shall be provided to the client. Credit card transactions will be acquired via PayGate (Pty) Ltd (hereafter referred to as “PayGate”) which is the approved payment gateway for Standard Bank of South Africa. Paygate utilizes the strictest form of encryption, namely Secure Socket Layer 3 (hereinafter referred to as “SSL3”) and no credit card details are stored on the Website. Clients are encouraged to view PayGate’s security certificate and security policy on www.paygate.co.za. The client’s personal details are therefore separate from its card details. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
If full payment of the price is not received by midnight South African time on the day that the booking was made, byojet.co.za or the supplier involved reserves the right to cancel the booking. In the event that payment has been made after the aforementioned deadline, the client will be liable for any difference in price should the client still intend to proceed with the booking at the higher price.
All transactions are processed in South African Rand (ZAR). Conversion charges may therefore be levied by the client’s merchant bank if payment is made from another country and/or in a currency other than South African Rand (ZAR). This fee is determined by the global treasury of the applicable credit card and is impacted by the change in daily exchange rates.
Foreign exchange regulation compliance is the sole responsibility of the client and shall apply especially in the event that the client instructs byojet.co.za to arrange and to pay for travel arrangements on the internet.
Prices are quoted at the prevailing daily exchange rate. Until such time as byojet.co.za has received full payment of the price, it reserves the right to charge any fluctuations to the client's account and the client undertakes to pay for any such fluctuations upon demand from boyjet.co.za. It is the client’s responsibility to confirm that no changes have been made to the price prior to effecting full payment. Airfares are subject to the price and conditions quoted by the airlines. Provided that payment of the full price was made by the client by midnight South African time on the day the booking was made and byojet.co.za is receipt of such proof of payment, the price is guaranteed. In the event that the client is a group booking and the group number deviates from the number required for the booking, the principal may reserve the right to re-cost the price and raise a surcharge. Should the client refuse to accept and pay the surcharge in such circumstances, the principal may cancel the booking and retain any payment made and byojet.co.za will be entitled to retain any service fees charged. Byojet.co.za’s service fees refer to the costs incurred by byojet.co.za in booking and servicing the client’s travel reservation.
Documents such as vouchers, itineraries etc. are only prepared and released by byojet.co.za upon receipt of proof of payment of the price in full.
The travel arrangements as proposed by byojet.co.za are made on the express condition that byojet.co.za, its employees and agents, shall not be held responsible for and shall be exempt from all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to the client, which shall be deemed to include the client’s heirs, executors, administrators or assigns, its luggage or other property, wherever, whenever and however same may occur. Accordingly, the client indemnifies and holds harmless byojet.co.za, its employees and agents.
Byojet.co.za and/or their respective suppliers shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website or for any information, software, products, and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if byojet.co.za and/or their respective suppliers have been advised of the possibility of damages.
The client agrees to indemnify byojet.co.za and/or their respective suppliers and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, brought by:
- The client or on its behalf, in excess of the liability set out hereunder;
- Third parties as a result of the client's breach of these Terms and Conditions;
- The client's violation of any law or the rights of a third party;
- The client's use of the Website.
Notwithstanding any other Terms and Conditions listed, byojet.co.za, its directors, employees or agents will under no circumstances be liable for any claim, loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of byojet.co.za, unless such claim is due to the gross negligence of byojet.co.za and byojet.co.za is informed of such alleged claim in writing within thirty days from date of the booking. Such liability will be subject to a limitation of R10, 000.00 (ten thousand rand) per client per booking and under no circumstances will byojet.co.za be liable for any indirect or consequential loss or damages.
It is the client’s responsibility to procure adequate insurance cover in order to cover, amongst others, instances such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to luggage and sports equipment. Should the client fail to procure adequate insurance cover as advised, byojet.co.za will not be held responsible or liable.
Except when expressly instructed by the client in writing, it shall not be compulsory for byojet.co.za to effect insurance for the client. All insurance effected by byojet.co.za pursuant to a written instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk. Byojet.co.za shall not be compelled to obtain separate cover for any risks so excluded. In the event of the insurers disputing their liability for whatsoever reason, the client’s only recourse shall be against the insurers.
Byojet.co.za does not consider limited levels of travel insurance as offered by certain credit card companies as sufficient cover for international travel. The client is accordingly encouraged to liaise with its credit card company regarding the details of the cover offered.
Additional insurance and coverage is offered on the Website through an accredited travel insurance company.
HEALTH, PASSPORTS & VISAS
It is the client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to its home country and that any vaccinations, inoculations, prophylactic etc., where required, have been obtained. ¬†It is further the client’s duty to acquire knowledge relating to the relevant visa requirements.
The client is encouraged to confirm the relevant requirements with byojet.co.za before travelling. Byojet.co.za will endeavour to assist the client but such assistance will be at byojet.co.za’s sole discretion and the client acknowledges that in doing so, byojet.co.za is not assuming any obligation or liability and the client accordingly indemnifies byojet.co.za against any consequences of non-compliance.
It is the client's duty to familiarize itself with the inherent dangers ¬†and the mental and/or physical conditions required for the proposed travel arrangements.
Should the client’s itinerary cover areas where high risks of malaria and other tropical diseases exist, the client is encouraged to take the necessary precautions and consult with a medical practitioner before departure or directly upon arrival at any tropical or sub-tropical destination.
CANCELLATION & AMENDMENT FEES
Should a client cancel the booking, byojet.co.za reserves the right to either claim an amount for damages suffered or to retain an amount of the payment for damages suffered. Furthermore, the principals may reserve the right to cancel any services prior to departure, in which event the full payment for the ticket will be refunded to the client without any further obligation on the part of byojet.co.za.
Byojet.co.za may levy an amendment fee per booking for any changes to the confirmed itinerary and or ticket. This is charged in addition to the change fees charged by the supplier.
Changes are subject to the ticket rules and are stipulated by the airlines themselves. In certain cases tickets are non refundable and incur a 100% cancellation fee. It is the responsibility of the person travelling to enquire about the rules that apply to their ticket.
Where changes are allowed by the airlines, the fees levied vary from carrier to carrier.
EXTENSIONS & VARIATIONS
In the unlikely event of there being an unscheduled extension to the final itinerary caused by either flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the byojet.co.za, its agents or the principal, the client acknowledges that expenses relating to these unscheduled extensions will be for the client's account.
While byojet.co.za strives to adhere to the final itinerary, byojet.co.za and the principals reserve the right to effect changes to the itinerary for the client's convenience and it is the client's responsibility to confirm any amendment effected to the itinerary.
These Terms and Conditions and the relationship between the client and byojet.co.za (hereinafter referred to as “the relationship”) is governed by the laws of South Africa.
The client hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought under or arising from these Terms and Conditions and/or the relationship.
Should byojet.co.za find it necessary to incur any legal costs in connection with or relating to the enforcement of its rights under or arising from these Terms and Conditions and the relationship, the client shall be liable to effect payment to byojet.co.za , upon demand, of the full amount of such legal costs on an attorney and own client scale.
The client undertakes to comply with byojet.co.za’s or others’ requirements in respect of its conduct and further undertakes not to constitute a nuisance to any other passenger on an aircraft.
Clients who have special requests must specify such requests in writing and whilst byojet.co.za will use its best endeavours to accommodate such requests, it does not guarantee that it shall be in a position to do so.
Byojet.co.za shall not consider a refund under any circumstances unless the client has purchased the “cancellation and refund policy” at the time of making the booking. Refunds by the principals will be subject to their respective terms and conditions.
Byojet.co.za will charge a fee for processing a request for a refund and principals may charge refund fees over and above this fee.
The client must display its passport or identity document and e-ticket at the check-in counter of the airline concerned. Passports or identity documents will apply to all members of a travelling party, including all minors. In addition to the above, Mango airlines require a copy of the credit card used to effect payment.
Byojet.co.za endeavours to safeguard the privacy and confidentiality of its clients’ information, subject to statutory constraints or compliance with court orders.
The contents and information contained on the Website may not be reproduced, sold, transferred or modified without the express written permission of byojet.co.za.
Should byojet.co.za elect to effect amendments to these Terms and Conditions, its clients will be informed through our homepage and the client’s continued access and use of byojet.co.za shall constitute its acceptance of any amendments to these Terms and Conditions.
Byojet.co.za further reserves its rights to change, delete or modify information, graphics, products, features, functionality, services, and links at any time without notice and the client's subsequent viewing or use of the Website will constitute its agreement to such changes, deletions and modifications.
The Website is offered to the client on condition that the client accepts, without modification, these Terms and Conditions and the client’s use of the Website constitutes the client's agreement to these Terms and Conditions.
Access to and use of the Website is entirely at the client’s risk.
Byojet.co.za may discontinue or suspend the Website at any time without notice, and it may block, terminate or suspend any client’s access at any time in its sole discretion, even if access continues to be allowed to others.
The Website is intended for the client's personal and non-commercial use. The contents and information on the Website, as well as the infrastructure used to provide such contents and information, is proprietary to byojet.co.za or its suppliers and providers. Accordingly, as a condition of using the Website, the client agrees not to use this Website or its contents or information for any direct or indirect commercial or non-personal purpose.
Whilst the client may make limited copies of its travel itinerary and related documents for travel or services purchased through this Website, the client agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Website.
The information, software, products, and services published on the Website may include inaccuracies or typographical errors.
Byojet.co.za does not guarantee the accuracy of travel products displayed on the Website, much of which information is provided by the respective suppliers. Byojet.co.za disclaims liability for inaccuracies relating to the aforementioned information and descriptions. Ratings displayed on the Website are intended as guidelines, and byojet.co.za does not guarantee the accuracy of such ratings.
Byojet.co.za and/or its respective suppliers make no representations about the correctness of the information, software, products, and services contained on the Website for any purpose, and the inclusion or offering for sale of any products or services on the Website does not constitute any endorsement or recommendation of such products or services by byojet.co.za. All such information, software, products, and services are provided as is and without warranty of any kind. Byojet.co.za and/or their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Suppliers providing travel or other services for byojet.co.za are independent contractors and not agents or employees of byojet.co.za or its affiliates. Byojet.co.za is not 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 thereof.
Affiliates include websites which click-through to the Website. Byojet.co.za and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, Act of God or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
There are links on the Website which allow a client to visit the websites of third parties. Neither these websites nor the entities to whom they belong are controlled by byojet.co.za, hence byojet.co.za makes no representations and gives no warranties concerning the information provided or made available on such websites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such websites. Byojet.co.za’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators and makes no representations regarding the correctness, performance or quality of any software found at any such websites. It is the client’s responsibility to determine and assess the risks which may be involved in accessing and using any software on the internet before using it and accordingly indemnifies byojet.co.za against any claims for loss or damage arising from the client’s use of or of information gained from or from accessing any such linked websites.
The client undertakes not to use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions and in terms of the laws of South Africa.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out hereinabove, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and shall continue in effect.
Any rights not expressly granted herein remain reserved.