Standard Terms and Conditions of Contract for TravelTrack Online Travel Operations Ltd
Application
All services rendered by or on behalf of TravelTrack Online Travel Operations Ltd (‘TravelTrack) to the Client/s are subjectto the terms and conditions (‘the Conditions’) set out below.
TravelTrack,located at Peugeot House, Groud Floor, Bibi Titi Mohamed Street, P.O.Box 38331,Dar es salaam, Tanzania.
The followingTerms and Conditions should be read and understood prior to confirming yourtravel. Do not confirm any booking unless you understand and agree with thefollowing terms and conditions.
Covid-19 Disclaimer
By proceeding tobook You agree and accept the Terms and Conditions of the TravelTrack Websiteand its travel Partners. You further acknowledge that TravelTrack operates as areseller of flights and all content that appears on our website is sourced froma GDS (Global Distribution Service) or from the Airline Directly via anApplication Programming Interface (API). Whilst every effort is made to ensurethat systems are updated to take into account any travel restrictions that mayexist at the time of booking, it may be possible that there is a delay in theGDS or Airline system updating to accommodate all travel restrictions that maybe imposed. By booking the selected flight with us, you confirm that you havechecked that there are no travel restrictions, in both your country ofdeparture, transit and arrival, that may affect your booking and that you havesatisfied yourself on behalf of all travellers in the booking that you canproceed with the booking. Please also check the entry requirements of yourdestination country, as a quarantine period or testing might be a requirementwhen flying in from Tanzania.
TravelTrack cannotbe held liable for any operational changes, cancellations or consequentialdamages incurred by you, or any passenger in the booking, in the event thatflights are not able to operate as planned, including any disruptions,cancellations or changes to planned schedules. Please note that in the eventthat a flight is disrupted or cancelled due to travel restrictions beingimposed that each airline will have their own policy in this regard, which will apply to your booking.
Nature of the services rendered by TravelTrack
TravelTrack rendersthe service of hosting an online search and booking portal, with its primaryfocus on the travel and accommodation industries (‘the Services’) pursuant towhich the general public shall have access to the portal, be entitled to setcertain travel, accommodation and/or other service criteria based oninformation gleaned from the internet, request quotations and be entitled toconfirm bookings and place reservations relating to travel, accommodationand/or other service requirements
For theavoidance of doubt, the services do not include any advisory or consultancyservices, unless you choose to speak to a TravelTrack Live Agent.
The Client andAuthority
Any person(s)wishing to utilise the services, indicates their acceptance of these Terms andConditions by proceeding with the booking on the passenger information page,prior to the conclusion of any transaction with TravelTrack. Upon doing so,such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditionsand to have the authority to do so on behalf of the person/Company person inwhose name the ultimate reservation or booking is made (collectively referredto as ‘the Client(s)’).
Please beadvised that unless requested otherwise upon making the reservation, TravelTrackis authorised to engage with any Passenger listed in a booking, in as long asthat Passenger is able to provide the reference number for the booking. TravelTrackaccepts no responsibility for any changes made by any of the listed Passengersin a booking.
BookingEnquiries & Reservations
Once the Clienthas (i) completed all applicable fields to initiate an enquiry regarding aparticular destination, trip, tour, mode of travel, preferred accommodationand/or other service on TravelTracks website www. TravelTrack.co.tz (together,‘the Sites’), or (ii) initiated such an enquiry with TravelTrack by any othermeans of communication including by means of access to the Sites via bookingkiosks, if applicable, (collectively referred to as ‘the Enquiry’), the Siteswill prepare and provide the Client with the projected total cost of theEnquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’). THE QUOTEIS ACCEPTED by the Client when the Client proceeds with the steps as specifiedon the Sites or accepts the Quote telephonically or via email. Full payment ofthe total value of the Quote (‘the Payment’) is required in order to confirmreservations with the relevant Principals (‘the Booking’). Once the onlineBooking or Booking affected by TravelTrack has been completed and the Clienthas authorized TravelTrack to process the payment by submitting the Booking forreservation, the Client will be supplied with an email that will contain thefinal details of the Booking (‘the Booking Confirmation Form’). IN THE CASE OFAIR TICKETS, FULL PAYMENT FOR THE BOOKING NEEDS TO BE MADE AND REFLECT IN THEBANK ACCOUNT OF TravelTrack BY MIDNIGHT Tanzanian time on the day that theBooking was made in order to guarantee the fare quoted according to the BookingConfirmation Form.
Note that alltickets carry different fare conditions as imposed by the relevant airline. Theticket you are purchasing may only be partially or non-refundable. To verifythis before booking online please contact our offices.
Destination Selection
The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constitutingthe Booking based on information gleaned from the internet. He/she ALSOACKNOWLEDGES that the internet Booking has been compiled and is managed andupdated by the Principal, and that Traveltrack has no control over informationcompiled by the Principal. Accordingly TRAVELTRACK CANNOT AND DOES NOTGUARANTEE that the itinerary and/or any destinations will comply in whole or inpart with those advertised on the internet by or on behalf of the Principal.Any right of recourse in that regard will be against the principal in addition to the above Traveltrack cannot beheld liable for incorrect availability being displayed by the Principal and wecannot be held liable if the seats selected are not available.
Payment and Payment Terms
The Payment is due immediately by Visa, Master, American Express or Diners Credit Card,Discovery Miles or Electronic Funds Transfer, Cash Deposit at a bank, or if a Kiosk booking, cash payment to the Kiosk teller, whichever is applicable, and must reflect in the bank account of Traveltrack by midnight Tanzanian time onthe day that the Booking was made. If the Payment is not received as statedabove, Traveltrack or Principal involved RESERVES THE FULL RIGHT TO CANCEL THEBOOKING, in which event the full Payment (less any cancellation andadministration fees) shall be refunded to the Client within 48 hours of thecancellation being processed. In the event that the Payment was made after theaforementioned deadline, and should Traveltrack inform the Client by means of arevised Quote that the Booking remains available at a higher price, the Clientmay choose to proceed with the Booking at such higher price, in which event theCLIENT WILL BE LIABLE for any difference between the original Quote and suchhigher price, and the revised Payment must reflect in the bank account of Traveltrackbefore the deadline stipulated in the revised Quote in order to secure theBooking.
Traveltrack is a Tanzanian company and all transactions are processed in Tanzania Shillingsor USD . The applicable conversion charges (‘Additional Charges’) may thereforebe levied by your merchant bank if payment is made from another country and/orin another currency other than Tanzania Shillings or USD. The Additional Charges are driven by the global treasury of the applicable credit card and areimpacted by the change in daily exchange rates. Traveltrack shall therefore NOTBE HELD LIABLE for any Additional Charges levied by the applicable merchant, orbank pursuant to the confirmation of a Booking. Traveltrack, or Traveltrack forBusiness does not offer credit, unless otherwise agreed.
Quotes
Quotes areprovided at the ruling daily exchange rate. Until Traveltrack has receivedPayment, we RESERVE THE RIGHT to amend any Quote. Should the Quote be increasedas a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FORANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of Paymentwill be reflected in the Quote itself. The onus will be on the Client to checkthat there have been no changes in the Quote prior to making the Payment.Airfares are subject to the price and conditions quoted by the airlines.However, once Payment has been received, the Quote is guaranteed, PROVIDED THATthe payment was made by midnight on the day that the Booking was made. Shouldthe Client be a group booking and the group number deviate from the numberrequired for the Booking, the PRINCIPAL MAY RESERVE THE RIGHT to re-cost theQuote and raise a surcharge. Should any Client refuse to accept and pay suchsurcharge, it may result in the Principal CANCELLING THE BOOKING AND RETAININGany payment made, and Traveltrack will be entitled to retain any service feescharged. Traveltrack / Traveltrack for Business accepts no liability forbookings that have been cancelled because no payment has been forthcoming.
Service Fee
These fees cover the costs incurred by Traveltrack in booking and servicing your travelreservation. We also reserve the right to charge an additional service fee forany additional services rendered, such as cancellation requests or changes to your booking.
Please be advised that service fees and products are non-refundable in case of a cancellation.Service fees vary depending on the number of Passengers in a booking, theservice provider or the destination and the service being provided. Should youbook online these fees will be clearly displayed on the payments page beforeyour booking is confirmed. Should you book with a live agent these will appearon your quotation.
Amendment Fees
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and orticket. The Travel Agent’s amendment fee is charged in addition to anyamendment fees which may be charged by the relevant Principal.
Traveltrack’s Indemnity
The proposed travel arrangements are made on the EXPRESS CONDITION that Traveltrack, its employees and agents, shall not be responsible for, and shall be exempt from,all liability in respect of loss, damage (including loss of profits orconsequential or special damages), accident, injury, illness, harm, trauma,death, delay or inconvenience (collectively, ‘Losses’) to any Client (whichshall be deemed to include the heirs, executors, administrators or assigns ofthe Client), their luggage, or other property, wherever, whenever and howeverthe same may occur (except if such Losses arise directly or indirectly from thegross negligence or willful misconduct of Traveltrack or any person acting foror controlled by Traveltrack, in which case such claim shall be lodged inwriting with Traveltrack within 30 (thirty) days after the occurrence of thealleged Loss, and such liability shall be limited to R10 000 per Client perBooking). The CLIENT INDEMNIFIES AND HOLDS HARMLESS Traveltrack or any personacting for or controlled by Traveltrack accordingly.
Insurance
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to coverinstances such as cancellation due to illness or injury, personal accident andpersonal liability, loss of or damage to baggage and sports equipment. (Notethat this is not an exhaustive list). Traveltrack will NOT BE RESPONSIBLE ORLIABLE if the Client fails to take adequate insurance cover. It shall not beobligatory upon Traveltrack to affect insurance for the Client (since thisservice does not fall within the scope of the Services) except upon detailedinstructions given in writing by the Client. All insurance affected by Traveltrackpursuant to such instruction will be subject to such exceptions and conditionsas may be imposed by the insurance company or underwriters accepting the risk. Traveltrackshall NOT BE OBLIGED to obtain separate cover for any risks so excluded. Shouldthe insurers dispute their liability for any reason, the Client will haverecourse against the insurers only. Please note that various credit cardcompanies offer limited levels of travel insurance, which in Traveltrack’s viewmay not be sufficient cover for international travel. The CLIENT IS ADVISED tocheck with their respective credit card companies in order to obtain thespecific details of the cover offered, and determines whether this issufficient for the Client’s requirements.
Travel Documents
Documents (for example booking confirmations, itineraries etc.) shall only be prepared andreleased to the Client on receipt of the Payment. Families not in possession ofthese documents will be refused to travel. In the case where only one parent istravelling with the children, consent in the form of an affidavit from theother parent registered is required. Alternatively, either a court ordergranting full parental responsibilities and rights or a death certificate ofthe other parent must be produced.
Name Change Requests
Upon confirmingyour booking we advise you to CHECK THE SPELLING OF YOUR AND ALL PASSENGER’SNAMES and ensure that it is as per the passport/identity document. Should thespelling of any traveller's name not match the passport/identity document theairline may not allow you to board the plane or should you require a namechange, and should it be permissible, airline penalties may apply. Please notethat some airlines do not allow name changes for any reason whatsoever and may requireyou to buy a completely new ticket. Traveltrack accepts no liability in thisregard.
Passports, Visas& Health
It is ENTIRELYTHE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current,valid, obtained on time, have sufficient blank pages, will be valid for sixmonths after return to their home country and that any vaccinations,inoculations, prophylactic (e.g. for malaria) and the like, where required,have been obtained. The Client is STRONGLY ADVISED to check the relevant requirementsfor their destination and any transit countries before travelling.
Before bookingany flight it is important to check if a transit visa will be required. As thisdiffers between countries and what passport you are holding it is always bestto check with the embassy of the transiting country. For example if you are theholder of a South African passport and are travelling on British Airways toMadrid via London you may require a transit visa.
Traveltrack willendeavour to assist the Client if requested, but such assistance will be at Traveltrack’sdiscretion (since this service does not fall within the scope of the Services)and the Client acknowledges that in doing so, Traveltrack IS NOT ASSUMING ANYOBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES TRAVELSTART against anyconsequences of the Client’s failure to comply with any such requirements. Itis the CLIENT’S DUTY to familiarize him/herself with the inherent dangers ofand mental and/or physical condition required for the proposed travel arrangements.
Cancellation
In the event ofthe Client cancelling the Booking, Traveltrack shall have the RIGHT TO EITHERCLAIM the amount of, or retain an amount of the Payment and claim reasonabledamages suffered by Traveltrack, provided that Traveltrack shall not impose anycancellation fee or claim any damages in respect of a Booking or reservation ifthe Client is unable to honour the Booking or reservation due to the death orhospitalisation of the Client. The Principals may reserve the RIGHT TO CANCELany services prior to departure, in which event the Payment (less Traveltrack’sservice fee) will be refunded by the Principal to the Client without anyfurther obligation on the part of Traveltrack. Traveltrack will CHARGE A FEEfor processing the request for refund. Clients should refer to the “Refunds”section of these Conditions, as well as the cancellation provisions containedin the Principal’s Conditions or the Sites. Principals may charge cancellationfees over and above the cancellation fees charged by Traveltrack in terms ofthis Condition.
Please note thatshould you have booked a ticket with more than one flight (eg: CPT - JHB - MAU)you may only use your tickets in the sequence they were booked. If you do notcheck in for your first flight the Airline reserves the right to cancel all ofthe remaining flights on that ticket and your ticket will become invalid. Youwill not get any money refunded for parts of the tickets not used.
UnscheduledChange/Disruption
In the unlikelyevent of there being an unscheduled extension to the final itinerary caused byflight re-scheduling, flight delays, bad weather, strikes or any other causewhich is beyond the control of Traveltrack, its agents or the Principal, anyEXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.)WILL BE FOR THE CLIENT’S ACCOUNT. The Client should confirm whether any ofthese expenses may be covered by travel insurance, should this be applicable. Itis the Client’s responsibility to confirm the specific provisions of the travelinsurance. In most instances the Principal/s will make thechange/s/disruption/s known to Traveltrack and in this instance, timepermitting, Traveltrack will make every effort to pass this information ontoyou using the contact details provided at the time of making the booking.Please note that it is the Principal’s duty to inform the person who made thebooking of any changes to the booking, however there are times when thisinformation is not timeously relayed so it is important to ensure that whentravelling you have access to the email address used at the time of making thebooking. It is also recommended that both 72 hours and 24 hours before flyingyou confirm your itinerary both when departing from your country of origin andwhen making your return journey. Once checked in you will be notified in theunlikely event of changes to your flight. Traveltrack cannot be held liable forfailing to advise you of any changes, even when these changes had beencommunicated by the Principal/s to us as there may be delays in relaying thisinformation to you, due to operating hours or technical delays.
Itinerary Variations & Transfers
While everyeffort is made to keep to the final itinerary, the Principals reserve the rightto make changes intended for the Client’s convenience e.g. in some cases,weather conditions can necessitate an alteration in the itinerary. Any suchvariations in the final itinerary do not constitute any reason for a refund andTraveltrack shall NOT BE HELD LIABLE for any such variations. IT IS THECLIENT’S RESPONSIBILITY to check each amendment to the itinerary. Please notethat no passenger who has not utilised an outgoing flight on a return ticketwill be allowed to make use of the return trip, except where, should it be permissible,prior arrangement has been made with the airline.
Promotional Products
Promotionalproducts and packages offered on promotion and under discounted rates are validfor a limited period. Any deposits or payments made in full for confirmedbookings during this period are non-refundable, non-exchangeable ornon-changeable (subject to the Consumer Protection Act), unless otherwisespecified at the time of booking. Deposits only apply to offline bookings, asagreed between the Client and Traveltrack.
Terms andConditions
Law &Jurisdiction
These Conditions shall be governed by the law of Tanzania and the jurisdiction of Tanzanian courts will govern the relationship between the Client and Traveltrack.
Special Requests
Clients who have special requests must specify such requests in writing to Traveltrack at least48 hours prior to their outbound flight. Whilst Traveltrack will use its bestendeavors to accommodate any such requests, it does NOT GUARANTEE that it willalways be able to do so.
Amendments ofthese Conditions
Traveltrack reservesthe right to make changes to these terms and conditions without further noticeto the Client. In this instance the terms and conditions applicable at the timeof making the booking will remain relevant to the respective booking.
Refunds
NO REFUNDS willbe considered in any circumstances whatsoever by Traveltrack if the Client hasnot purchased the “Trip Cancellation and Refund Guarantee Product” at the timeof making the booking. Refunds by the Principals will be subject to theirrespective terms and conditions. Traveltrack will charge a fee for processing arequest for refund. Principals may charge refund fees above those stated here.Some air tickets are completely non-refundable according to airline fare rules.Cancellations for any reason whatsoever, including medical reasons, death inthe family, strikes, wars, weather, natural disasters, airline default orgovernment travel warnings will not entitle you to any refund in the case ofnon-refundable tickets nor of waiving the cancellation penalties in the casethat the tickets can be refunded. If tickets can be refunded, cancellationpenalties are imposed by the airline. Trip cancellation and interruptioninsurance are therefore highly recommended. For the best coverage, travelinsurance should be purchased at the same time as the airline tickets.
Once we haveestablished the possible refund you are entitled to, we will request it withthe airline or hotel on your behalf. For flight bookings the refund will bemade by the airline directly to the account the booking was originally paidwith. This can take as long as 6 (six) months to a year or longer to obtainfrom the airline. Standard processing time for refunds is 6 to 8 weeksdepending on the airline. For hotel bookings, the supplier will refund Traveltrackand we’ll refund the credit card you used when making your reservation. Thisusually takes approximately 4 weeks.
Foreign ExchangeRegulation Compliance
Foreign ExchangeRegulation Compliance is EXCLUSIVELY THE CLIENT’S RESPONSIBILITY. This willapply especially when the Client instructs Traveltrack to make and pay fortravel arrangements on the internet.
E-ticketing:Documents required for travelling
It is the CLIENT’S EXCLUSIVE RESPONSIBILITY toensure that he/she is in possession of all relevant travel documents prior tocommencing with his/her travels. For example, the Client must be ready to showtheir passport or identity document and e-ticket at the check-in counter of theairline concerned, or, to the extent applicable, their passport or identitydocument at the check-in counter for their accommodation. Certain airlinesrequire the physical credit card, used to make payment, to be presented atcheck-on or a copy of the credit card and the card-holders ID, in addition theabove mentioned documents. The requirement tohave a valid passport or identity document an/or an unabridged birthcertificate will apply to all members of a travelling party and for each minortravelling (including infants).
InternetBookings
If the Client requests or instructs Traveltrack to effect bookings via the internet, theClient IRREVOCABLY AUTHORIZES Traveltrack to do the following on its behalf (1)make any selections of and for the proposed travel arrangements (2) inform theClient of the prices attached to the proposed travel arrangements PRIOR TOCONFIRMING the booking and (3) make payment for such booking and ancillaryservices.
Limitation ofLiability
TRAVELTRACK, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE OR INJURY SUFFERED BY ANY PERSON WHETHER TO THEIRPERSON OR PROPERTY, HOWSOEVER CAUSED WHETHER OR NOT ARISING FROM ANY ACT,OMISSION, DEFAULT, OR NEGLIGENCE ON THE PART OF TRAVELTRACK, UNLESS SUCH CLAIMIS DUE TO THE GROSS NEGLIGENCE OR WILFUL CONDUCT OF TRAVELTRACK AND SUCH CLAIMIS LODGED IN WRITING WITH TRAVELTRACK WITHIN 30 (THIRTY) DAYS AFTER THE DATE ONWHICH THE BOOKING IS MADE. UNDER NOCIRCUMSTANCES WILL TRAVELTRACK BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSOR DAMAGE.
Legal Fees
In the eventthat Traveltrack has to engage a lawyer to enforce any of its rights in termsof these Conditions or otherwise, and in the event that Traveltrack issuccessful in the enforcement of such rights, the CLIENT WILL BE LIABLE for alllegal fees at an attorney and own client scale.
Confidentiality
Subject tostatutory constraints or compliance with an order of court, Traveltrack undertakesto deal with all Client information of a personal nature on a strictlyconfidential basis.
Confirmation of Travel Arrangements
It is advisablethat all onward travel arrangements (local, international and on return to TZA,domestic connecting flights) be RECONFIRMED BY THE CLIENT 72 (seventy-two)hours prior to departure with the airline.
Social Media
You agree that your use of our social media pages which include but are not limited toFacebook pages, Instagram, Twitter, will not be defamatory, unlawful, obscene,offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’sprivacy, or otherwise contain objectionable comments and/or content. We do nottolerate any form of discrimination on grounds of race, sex, religion,nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age.
We reserve theright to remove any comment, thread or content without prior warning to you. Wealso reserve the right to bring legal proceedings against any individual for abreach of these rules or law generally, or take such other action as wereasonably deem appropriate.
Feedback
If you aredissatisfied with us or your travel booking, you must submit your complaint tous through our dedicated customer experience team, within 96 (ninety six) hoursof returning from your travel, in order for us to investigate the complaintefficiently and to ensure that we are provided with a fair opportunity torectify the situation and mitigate any losses or damage. Any and all thirdparty claims must be made directly with the Third Party Service Provider of thetravel product supplied. Stolen or lost luggage must be reported to the airlineprior to leaving the airport.
We value yourfeedback. If you have a compliment, complaint or wish to share your experiencewith us, please contact customer care at: info@traveltrack.co.tz.
General Termsand Conditions for Online Bookings
Bookings Online
Please note thatover and above the online terms and conditions as set out below (‘the OnlineConditions’), all online Bookings made via the Sites are subject to theConditions which appear above. Where there is a conflict between the two, theConditions will prevail.
Intellectual Property
The Sites areowned by Traveltrack and the domain names are registered in the name of Traveltrack.All intellectual property rights in and to the aforementioned vests in Traveltrack.None of the content or data found on the Sites may be reproduced, sold,transferred, or modified without the express written permission of Traveltrack.
Copyright and Trademark Notices
All contents of the Sites are registered to: ©2020 Traveltrack Online Travel Operations Ltd PeugeotHouse, Ground Floor, Bibi Titi Mohamed Street, P.O.Box 38331, Dar es salaam,Tanzania. Traveltrack Online Travel Operations Ltd and the yellow half circle logoare trademarks (whether registered or unregistered) of Traveltrack. All rights in and to any copyright or registered or unregistered trademarks of Traveltrack remain strictly reserved. Other product and/or company names mentioned in theConditions and/or the Online Conditions may be the trademarks of their respectiveowners.
Changes & Modifications of these Terms and Conditions
Traveltrack may make future changes, deletions or modifications to the Online Conditions,information, graphics, products, features, functionality, services, and linksat any time without notice and the Client’s subsequent viewing or use of theSites and/or the conclusion of a transaction with Traveltrack will CONSTITUTETHE CLIENT’S AGREEMENT to such changes, deletions and modifications, as thecase may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditionsand notices which are in effect at the time of the Client’s use of the Sitesand facilities.
Personal and non commercial Use Limitation
The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including,without limitation, price and availability of travel, accommodation and/orother services), as well as the infrastructure used to provide such content andinformation, is proprietary to Traveltrack or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents orinformation for any purpose (direct or indirect) other than conductingEnquiries and making Bookings for personal, non-commercial use, such as (forexample) for reselling purposes. Whilst the Client may make limited copies ofits travel itinerary and related documents for travel, accommodation and/orother services purchased through the Sites, 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 Sites. In addition, whetheror not the Client has a commercial purpose, the CLIENT AGREES NOT TO: access,monitor or copy any content or information of the Sites using any means such asrobot, spider, scraper or other automated means or anymanual process for any purpose without express written permission of Traveltrack: violate the restrictions in anyrobot exclusion headers on the Sites or bypass or circumvent other measuresemployed to prevent or limit access to the Sites; take any action that imposes,or may impose, in the discretion of Traveltrack, an unreasonable ordisproportionately large load on the Travel Agent’s infrastructure; or deep-linkto any portion of the Sites (including, without limitation, the purchase pathfor any travel services) for any purpose without express written permission of Traveltrack.
Liability Disclaimer
The information,software, products, and services published on the Sites may includeinaccuracies or typographical errors. In particular, Traveltrack DOES NOTGUARANTEE THE ACCURACY of the hotel, air, and other travel products displayedon the Sites (including, without limitation, photographs, lists of hotelamenities, general product descriptions, etc.), much of which information isprovided by the respective Principals. Traveltrack DISCLAIMS LIABILITY forinaccuracies relating to the aforementioned information and descriptions. Hotelratings displayed on the Sites are intended as only general guidelines, and TraveltrackDOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically addedto the information herein.
Traveltrack may make improvements and/or changes on the Sites at any time, in accordance withthe provisions of the clause named ‘Changes & Modifications of the OnlineConditions’. Traveltrack makes NO REPRESENTATIONS about the suitability of theinformation, software, products, and services (together, ‘the RelevantInformation’) contained on the Sites for any purpose, and the inclusion oroffering for sale of any products or services on the Sites DOES NOT CONSTITUTEANY ENDORSEMENT OR RECOMMENDATION of such products or services by Traveltrack.For the avoidance of doubt, the services rendered by Traveltrack do not includeadvisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’WITHOUT WARRANTY of any kind.
The Travel Agent hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions ofmerchantability, fitness for a particular purpose, title, and non-infringement.The Principals are independent contractors and not agents or employees of Traveltrackor its affiliates. Affiliates include websites which click-through to theWebsite. Traveltrack is NOT LIABLE for the acts, errors, omissions,representations, warranties, breaches or negligence of any such Principals orfor any personal injuries, death, property damage, or other damages or expensesresulting thereof. Traveltrack and its affiliates HAVE NO LIABILITY AND WILLMAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NORESPONSIBILITY for any additional expense, omissions, delays, re-routing oracts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.
In no eventshall Traveltrack and/or their respective suppliers be liable for any direct,indirect, punitive, incidental, special, or consequential damages arising outof, or in any way connected with, the use of the Sites or with the delay orinability to use the Sites, or for any information, software, products, andservices obtained through the Sites, or otherwise arising out of the use of theSites, whether based on contract, tort, strict liability, or otherwise, even ifTraveltrack and/or its respective suppliers have been advised of thepossibility of damages. Because some states/jurisdictions do not allow theexclusion or limitation of liability for consequential or incidental damages,the above limitation may not apply to you
Travel Destinations
By offeringtravel for sale to particular international destinations on the Sites, Traveltrackdoes NOT REPRESENT OR WARRANT that travel to such points is advisable orwithout risk, and is NOT LIABLE for damages or losses that may result fromtravel to such destinations. It is the Passenger's responsibility to check thatthere are no travel bans and/or advisories in place that may impact on thebooking/s. Traveltrack cannot be held responsible for any booking/s made by anyPassenger that contravenes any travel advisory and/or ban that may be in placeat the time of making the booking/s.
Indemnification
The ClientAGREES TO DEFEND AND INDEMNIFY Traveltrack and any of their officers,directors, employees and agents from and against any claims, causes of action,demands, recoveries, losses, damages, fines, penalties or other costs orexpenses of any kind or nature including, but not limited to, reasonable legaland accounting fees, brought by: the Client or on the Client’s behalf [in excessof the liability described above]; or by third parties as a result of theClient’s breach of the Online Conditions and notices or any other documentsreferenced herein; the Client’s violation of any law or the rights of a thirdparty; or the Client’s use of the Sites.
No unlawful or prohibited Use
The ClientWARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purposethat is unlawful or prohibited by the Online Conditions and notices or anyother prohibitions unlawful in terms of South African law.
Links to other Websites
There are linkson the Sites which allow a Client to visit the sites of third parties. Neitherthese sites nor the companies to whom they belong are controlled by Traveltrackand it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning theinformation provided or made available on such sites nor the quality oracceptability of the products or services offered by any persons or entitiesreferenced in any such sites. Traveltrack’s inclusion of hyperlinks to suchwebsites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or anyassociation with its operators. Traveltrack has not tested and MAKES NOREPRESENTATIONS regarding the correctness, performance or quality of anysoftware found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THERISKS which may be involved in accessing and using any software on the internetbefore using it. The CLIENT INDEMNIFIES Traveltrack against any claims for lossor damage arising from the Client’s use of or of information gained from orfrom accessing any such linked sites.
General
Use of the Sitesare unauthorized in any jurisdiction that does not give effect to allprovisions of the Online Conditions, including, without limitation, thisparagraph.
THE CLIENTAGREES that no joint venture, partnership, employment, or agency relationshipexists between the Client and Traveltrack as a result of this agreement or useof the Sites.
Traveltrack’s performanceof this agreement is subject to existing laws and legal process, and nothingcontained in this agreement is in derogation of Traveltrack right to complywith law enforcement requests or requirements relating to the Client’s use ofthe Sites or information provided to or gathered by Traveltrack with respect tosuch use.
If any part ofthis agreement is determined to be invalid or unenforceable pursuant toapplicable law including, but not limited to, the warranty disclaimers andliability limitations set forth above, then the invalid or unenforceableprovision will be deemed superseded by a valid, enforceable provision that mostclosely matches the intent of the original provision and agreement shallcontinue in effect.
This agreement(and any other terms and conditions referenced herein) constitutes the entire agreementbetween the Client and TravelTrack with respect to the Sites and it supersedesall prior or contemporaneous communications and proposals, whether electronic,oral, or written, between the customer and TravelTrack with respect to theSites.
Any rights not expressly granted to TravelTrack herein remain reserved.
Communication from Sites
By making abooking on any Traveltrack platform, the client agrees to receive transactionaland promotional communications from the site. The client may opt out ofpromotional communications at any time, however transactional communicationwith regards to any bookings will continue to be sent.
Entire Contract
All the termsand conditions displayed on the Sites constitute the entire terms of therelationship between the parties. There exist no other terms, conditions,warranties, representations, guarantees, promises, undertaking or inducementsof any nature whatsoever (whether verbal, written or electronic) regulating therelationship and the CLIENT ACKNOWLEDGES that he/she has not relied on anymatter or thing stated on behalf of TravelTrack or otherwise that is notincluded herein.
