For the purposes of this document reference to “you” or “your” includes all guests in the party. The Travel Corporation UK Limited is the ‘Sales Company’. The ‘Operator’ for the trips will be Trafalgar Tours Ltd. Collectively these companies are referred to as ‘Trafalgar’, or the ‘Provider’. We at Trafalgar want to do everything we can to make sure your trip is enjoyable and worry-free. As part of that commitment, we are including the following information about your trip. By confirming the reservation with payment, the guest/travel agent acknowledges that they are aware of and will comply with these terms and conditions.
Your agreement is with The Travel Corporation UK Ltd. ("Trafalgar "), Company Number 58915, a company registered in Guernsey whose registered office address is Travel House, Rue du Manoir, St Peter Port, Guernsey, Channel Islands GY1 2JH. A contract will come into existence between us when you make a reservation with us. All contracts with Trafalgar are made subject to the terms of these booking conditions and are governed by English law and the jurisdiction of the English Courts, you may however, choose the jurisdiction of Scotland or Northern Ireland if you wish to do so. The invalidity of any provisions herein shall not affect the validity of any other provisions. The agreement shall be construed as though the invalid provision was not contained herein and was replaced with an enforceable provision as similar as possible to the original provision.
All fares are per guest in Rand based on twin occupancy unless otherwise noted. Fares are capacity controlled and are subject to change at any time without notice. All applicable discounts are applied sequentially. Fixed savings amounts are deducted prior to applying any percentage-based discounts. Availability of all stateroom categories cannot be guaranteed. Additional restrictions may apply. If you have purchased your transatlantic or transpacific air with Trafalgar and/or you have purchased a cruise/tour package with Trafalgar that includes air, your entire package price will be guaranteed at time of payment.
Reservations and Payments: A deposit of at least 10% of the cruise/tour fare (cruise/tour plus port charge plus pre and/or post land extensions, less applicable discounts), per person is required at time of booking. Final payment is due at least 120 days prior to departure, and for bookings made within 120 days of departure full payment is due at time of booking. For all new bookings, a courtesy hold of up to 72 hours is allowed but cannot extend past the final payment due date. Reservations will be cancelled past the 72 hours above if payments are not received in a timely manner. When making multiple trip bookings, full payment is for all trips according to the scheduled departure date of the first departing trip. Some special promotions may have different payment deadlines. Payment in full for the airfare booked in conjunction with a Trafalgar cruise/tour is required at time of booking. Upon receipt of full air payment your airfare, tax and fuel surcharges are final. If full payment has been made, cancellation or changes will result in additional fees, dependent on the airline.
Items Not Included in the Published Price: These include, but are not limited to, airfares to and from your destination except where specified; airport/departure taxes; excess baggage charges; aircraft seat assignments; cost of passports and visas; taxes; laundry; phone calls; all items of a personal nature; items not included on regular menus; meals not detailed in the itinerary; expenses for additional sightseeing not specified in the itinerary; and health, accident, baggage, or travel insurance.
Complimentary Beverages: Complimentary beverages onboard include wine, beer, coffee, tea, soft drinks, and water with lunch and dinner and a 24-hour coffee and water station.
Gratuities: Gratuities for onboard personnel (ship crew) are included during the cruise/tour with the exception of gratuities for your Experience Director and Experience Manager. Additional tipping for onboard personnel is not expected nor required and is at the discretion of the guest.
We hope nothing will come between you and your Trafalgar holiday. Should you need to cancel your booking or any portion of it, your cancellation must be received in writing at river.za@trafalgar.com. It will be effective on the date of receipt. These cancellation fees are in addition to any cancellation fees that might be levied by your travel agent. There is no refund for unused services or for unused portions of the trip. For additional worry free travel, please see the Gold Seal Protection Plan section of our website, though it should be noted that this is not a replacement for comprehensive travel insurance and we recommend guests consider purchasing comprehensive travel insurance before they depart South Africa.
Cruise/Tour Cancellation Charges, per person and based upon the date of cancellation, are as follows:
| Cancellation Notice Received Before Cruise-Tour Start Date | Cancellation Charges Per Person |
| Cancellations up to 120 days prior to cruise-tour start date | R5000 per person for cruise/tour |
| Cancellations between 119-90 days prior to cruise-tour start date | 25% of the fare * |
| Cancellations between 89-60 days prior to cruise-tour start date | 50% of the fare * |
| Cancellations between 59-30 days prior to cruise-tour start date | 75% of the fare * |
| Cancellations less than 30 days prior to cruise-tour start date | 100% of the fare * |
*Fare is is defined as the cost of your reservation purchased purchased from Trafalgar
NO-SHOWS are subject to 100% penalty, applicable to bookings for all sailing regions. If air is cancelled one hundred and nineteen (119) days prior to departure or less, the full price of your air is non-refundable.
If a person in a party cancels and there is a stateroom change caused by this cancellation (such as a twin room to single), charges for the new stateroom type will be the responsibility of the remaining party. Credit card bookings, the Provider should be advised of your credit card number when making your reservation directly with us. For security purposes, we are required to collect the guest’s credit card billing address, card expiration date and the customer verification code every time a payment is applied. Your Travel Agent shall hold all monies for each, and every person named in the booking until the booking is confirmed at which time your Travel Agent shall provide those monies promptly to us. You consent to us depositing monies received by us as required by law. We will be entitled to keep interest earned on monies.
Deposit Protection program—5 Year Guarantee: Should your plans change and you cancel your booking one hundred and twenty (120) days or more prior to your cruise/tour start date, you will receive a credit of R5000 per person, valid for up to five years from date of cancellation. This credit cannot be used as a deposit or Gold Seal Protection payment for a future booking and can only be used as a credit (no cash value). Only one credit per person can be applied to each cruise or cruise/tour booked and is combinable with all current Trafalgar promotions.
Revision Fee: A fee of R500 per person, per transaction, will be charged for any revision made to the reservation unless the change increases the value of the booking. A passenger name change, and cruise/tour date change will be treated as a cancellation subject to our cancellation policy, and a new reservation must be made. Any revision to a booking may result in the loss of a confirmed airline reservation, Trafalgar change fees (refer to the Air Travel change fees section for details), increased airfare, and any charges levied by the airlines, which will be payable by the passenger.
Gold Seal Protection: Gold Seal Protection premiums are non-refundable.
Air Cancellations:If you, as the Passenger cancel your air within 24 hours of booking you will receive a full refund of the amount paid for the airfare. After the first 24 hours, if you, as the Passenger, choose to cancel your air arrangements one hundred and twenty (120) days or more before departure, your air deposit will be non-refundable. If you choose to cancel your air one hundred and nineteen (119) days prior to departure or less, the full price of your air is non-refundable.
Airfare: Trafalgar wants to help make your entire holiday smooth sailing, so we offer great values on airfares from most major cities in South Africa. Please contact your Travel Professional or Trafalgar for the most up-to-date prices. As airfares and schedules are subject to availability, we encourage you to book early. Business Class flights may not be available for flight segments within South Africa or Europe and may require travel in economy class. The Provider does not hold an allocation of air seats, and all flight reservations are made on request and are subject to the terms and conditions of the airline.
Air Travel Change Fees: If you, as the Passenger, change your air travel itinerary before your ticket is issued, you will be charged a R500 per person change fee (see Revision Fee). This charge will apply each time you make a change. If you change your air travel itinerary after your ticket is issued, you will be charged a R1100 per person per change fee, and you will be responsible for any increase in airfare and/or penalties levied by the airline, which may be up to 100% of the air ticket value.
Airline Schedule Changes and Cancellations: If the airline notifies Trafalgar of a major schedule change, we will notify you or your travel agent by email. Changes in flight time or operating airline will not result in eligibility for reimbursement or reduced change fees should you not accept the schedule change offered by the airline. If the airline cancels your flight(s) and is not able to protect you on alternate flight(s) Trafalgar will attempt to secure new air for you and any fare differential will be yours to pay. Should you not accept the new air itinerary within the timeframe allowed the air will be released and we will issue a refund of the amount received for airfare. Not showing up for your outbound flight as booked and ticketed will be considered a no-show, and all the connecting flights associated with this one, even a return flight will be cancelled, and no refund will apply.
Air Bookings and Restrictions: Airline regulations require us to collect your full first, middle, and last names as they appear on your passport or government-issued ID, as well as date of birth and gender. This information is required before we can book your air. Trafalgar is not responsible for denied boarding or reissue costs due to an incorrect name, date of birth, or gender information supplied to Trafalgar. Flight itineraries provided prior to ticketing are subject to change without notice. Trafalgar is not responsible for any inconvenience, or any costs or fees incurred by delays, lost luggage, or disruption of air service. Flight itineraries provided are subject to change by the Air Carrier(s). We recommend you contact the airline within seven (7) days of departure to reconfirm your flights.
Seat Assignments and Special Services: Requests for seat assignments, special meals, and special services must be made directly to the airline. Not all airlines offer pre-assigned seats; some may charge for pre-assigned seats and any additional charge imposed by the airlines will be at the guest’s expense. Seating is solely under the airlines' control, as are itinerary changes, flight delays, and schedule changes. Some airfares used by Trafalgar are not eligible for frequent flyer mileage or seat upgrades.
Guests who purchase air through Trafalgar may be eligible for our complimentary group airport transfers, or for private transfers at an additional price. If air is not purchased through Trafalgar, both group and private transfers may be purchased up to 45 days prior to departure. All flights must meet our transfer guidelines which can be found on our Transfers page https://www.trafalgar.com/en-za/river-cruises/transfers.
Purchased transfers are non-refundable 29 days or fewer prior to your cruise/tour start date. No refunds will be issued for transfers that are missed due to delayed or cancelled flights, or other travel delays. Guests who miss their purchased or complimentary transfer must make their own way to the ship/hotel at their own expense. Trafalgar is not responsible for the cost of alternate travel arrangements due to missed transfers.
Responsibility and Waiver: The responsibility of TRAFALGAR Tours Pty Ltd.is strictly limited. Trafalgar promotes and sells tour programs consisting of certain travel services on cruise ships (“Vessels”) or other modes of transport (“Transport”). Trafalgar does not own or operate any of the Vessels/Transport. The owners, operators and charterers (“Suppliers”) of the Vessels/Transport are independent of Trafalgar. Trafalgar makes no representations or warranties concerning the Suppliers or the Vessels/Transport.
Trafalgar assumes no liability for any acts or omissions of any Supplier including, without limitation, those involving cancellation of tours/cruises, schedule changes, rerouting, delays, damage to or loss of baggage, property damage, equipment failures, accidents, death or injuries to persons regardless of cause, whether or not services are tendered or transportation provided are arranged through Trafalgar. Accordingly, you will not have any right to claim or recover against Trafalgar as a consequence of any negligent or wilful act or failure to act of any Suppliers or the condition or operation of any Vessels/Transport. Notwithstanding anything herein to the contrary, the liabilities and obligations of the Suppliers to you and your rights against the Suppliers, are subject to any and all Terms and Conditions of the Suppliers’ contract of carriage and any and all governmental/jurisdictional laws and regulations bearing upon or otherwise relating to such rights, liabilities, and obligations, including, without limitation, choice of law, jurisdiction of disputes, limitations of liability, and limitations on the time to file claims. By utilizing the travel services of the Suppliers, you agree that you will look to such Suppliers for any accident, death, injury, property damage, or personal loss to you or to those travelling with you, and that neither Trafalgar nor any representative of Trafalgar shall have any liability whatsoever.
Additional risks and dangers may arise including, but not limited to, hazards of travelling in undeveloped areas, hazards of travel by boat, train, automobile, aircraft, and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, hazardous local customs and practices, differing levels of sanitation, differing standards of safety, risks associated with water, food, plants, insects, and differing animal regulation, accident or illness in areas lacking means of rapid evacuation or medical facilities, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Trafalgar to participate in such trips and activities you agree you will not make a claim against Trafalgar, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage, or other loss, cost, or expense, however caused, as a result of or related to your contracting for, travelling to or from, or in any and every other way participating in the trip.
You release Trafalgar, its related companies, and its personnel from any and all claims, known or unknown, arising from contracting for, travelling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors accompanying you. This agreement also binds your heirs, legal representatives, and assigns.
Omissions: Trafalgar is not responsible for omissions, printing and/or presentation errors in brochures, on Internet sites, or in any other media where such information may be presented; Trafalgar reserves the right to make corrections as required.
Time of Publishing: The Terms and Conditions listed are those in effect at the time of printing and remain in effect until replaced. These Terms and Conditions replace all previous versions.
YOUR CRUISE TICKET CONTRACT
Transportation aboard the ship is provided solely by the Suppliers (ship owners and charterers) pursuant to the Terms and Conditions of the Passenger Ticket Contract that you will receive prior to embarkation. A copy of the Passenger Ticket Contract will be provided with your final documentation or earlier, upon request. Please note the Passenger Ticket Contract includes a clause specifying the courts of Basel, Switzerland as the exclusive forum for resolving disputes. The Passenger Ticket Contract is governed by the laws of Switzerland and is subject to limitations of liability and time limits for making claims under the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974 (“Athens Convention”) and the International Convention on Limitation of Liability for Maritime Claims, 1976 (“1976 Convention”). Where the terms of this Contract conflict with any applicable mandatory provision of law or international convention, including, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 2012 (the “CLNI Convention”), the provisions of that law or convention prevail. Copies of applicable Conventions are available on request.
Trafalgar Tours Ltd South Africa, referred to as the Operators, are the agents for Trafalgar Tours Ltd, who have empowered the Operators on its behalf to undertake the following duties:
1. The operators shall be responsible to the passenger for supplying the services described in this brochure, except where such services cannot be supplied or the itinerary used is changed due delays or other causes of whatever kind or nature beyond the control of the comparable services and itineraries and there shall be no refund in this connection.
2. This brochure represents the entire agreement between the passenger and the above-mentioned operators.
3. In the absence of their own negligence, neither the operators nor their agents or cooperating organisations shall be responsible for any cancellations or for acts of any other service providers concerned, diversions or substitutions of equipment of any act, variations, postponements, omission or default whatsoever by air carriers, land carriers, hoteliers or hotels, transportation companies or any other persons providing any of the services and accommodations to passengers including any results thereof such as changes in services accommodations or facilitations necessitated by same. Nor shall they be liable for any loss or damage to baggage or property or for injury illness or death or for any damages or claims whatsoever arising from loss negligence or delay from the act, error, omission default or negligence of any person not their direct employee or under their exclusive control including any act error omission default or negligence of any country government or governmental authority, officer or employee. All baggage and personal effects are at all times and in all circumstances at the risk of the passenger, Baggage insurance is recommended. The carriers, hotels, and other suppliers who provide services on tour are independent contractors, they are not agents employees or servants of the Operators or their associated companies. The Operators are not responsible for any criminal conduct by third parties.
4. Where the passenger occupies a motor coach seat fitted with a safety belt, neither the Operators, nor their agents or cooperating organisations or service providers concerned will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident if the safety belt is not being worn at the time of such accident or injury.
5. Transportation companies, airlines, etc. are not to be held responsible for any act, omission or event during the time passengers are not onboard planes, transportation or conveyances. The passenger contracts in use by the airlines or transportation companies when used shall constitute the sole contract between the airline, transportation and passenger or purchaser of this tour and the Operators assume no responsibility in this connection. Enrolment in and payment for a tour shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this brochure which cannot be varied except in writing by an officer of the company.
6. Trafalgar Tours Ltd South Africa is only responsible for the services of reservations and ticketing. It does not accept any responsibility or liability for any of the acts, omissions or defaults, whether negligent or otherwise, or its principal Trafalgar Tours Ltd, or any of the companies of the Trafalgar group of companies. None of the companies in the Trafalgar group of companies, or any of their servants or agents, accept any responsibility or liability for your acts, omissions, defaults, conduct, state of health, condition or circumstances. It is your responsibility to comply with the terms, conditions or requirements of any service provider, or any country or governmental authorities, or to bear any costs or losses incurred as a consequence of you not complying with them.
7. All bookings made with any provider of any transport.
TRAFALGAR Tours Pty Ltd 3rd Floor, The Travel House, 4-6 Hood Street, Rosebank, 2196 S.A.PO Box 413786, Craighall 2024, S.A. Trafalgar: 011 280 8440
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