Terms and Conditions

Application

All services rendered by or on behalf of Flightsite (PTY) LTD, located at The Gihon 1st floor, corner of Bill Bezuidenhout and Sportica Way, Bellville, 7550, operating as Travelstart Busses to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below.

Travelstart, located at Longkloof Studios, Block B, Darters Roads, Gardens, Cape Town, 8001, South Africa is part of the Travellab Group, located at Sebbarp Kvarnhem, 24033, Löberöd, Sweden.

The following Terms and Conditions should be read and understood prior to confirming your travel. Do not confirm any booking unless you understand and agree with the following terms and conditions.

Nature of the services rendered

We render the service of hosting an online search and booking portal pursuant to which the general public shall

  1. have access to the portal,
  2. be entitled to set certain travel requests based on information gleaned from the internet,
  3. request quotations and
  4. be entitled to confirm bookings and place reservations relating to travel.

For the avoidance of doubt, the services do not include any advisory or consultancy services, unless you choose to speak to a Live Agent.

The Client and Authority

Any person(s) wishing to utilise the services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the passenger information page, prior to the conclusion of any transaction with us. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person/Company in whose name the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).

Third Party Service Providers

We provide Clients with the services either ourselves or acting on behalf of Principals engaged in or associated with the travel industries (collectively referred to as ‘the Principal’). We represent the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct by us or any person acting for or controlled by Ourselves), which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any RIGHT OF RECOURSE the Client may have, will be solely against the Principal.

Please be advised that when making an online booking it is not possible to display the conditions of a particular ticket. Should you wish to inquire about this before confirming a booking you should contact a Live Agent for Assistance or Contract the Principal directly. By agreeing to these terms and conditions upon making your booking you agree to accept this condition.

It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).

The specific Bus Company's terms and conditions may apply.

Booking Enquiries & Reservations

Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination on Our website or (ii) initiated such an enquiry with Ourselves by any other means of communication including by means of access to the Sites via booking kiosks, if applicable, interactions with affiliates (collectively referred to as ‘the Enquiry’), the Sites will prepare and provide the Client with the projected total cost of the Enquiry (‘the Quote’). THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Quote telephonically or via email. Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principal/s (‘the Booking’). Once the online Booking or Booking affected by Ourselves has been completed and the Client has authorized us to process the payment by submitting the Booking for reservation, the Client will be supplied with an sms/email that will contain the final details of the Booking (‘the Booking Confirmation’).

Destination Selection

The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. He/she ALSO ACKNOWLEDGES that the internet Booking has been compiled and is managed and updated by the Principal, and that we have no control over information compiled by the Principal.

Payment and Payment Terms

The Payment is due immediately by Visa, Master, American Express or if a Kiosk booking, cash payment to the Kiosk teller, whichever is applicable. If payment is not received within the required timeframe then We RESERVE THE FULL RIGHT TO CANCEL THE BOOKING.

We are a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. We shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of a Booking. We do not offer credit, unless otherwise agreed.

Indemnity

The proposed travel arrangements are made on the EXPRESS CONDITION that We, our employees and agents, shall not be responsible for, and shall be exempt from all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur (except if such Losses arise directly or indirectly from the gross negligence or wilful misconduct of Ourselves or any person acting for or controlled by Us.

Insurance

It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list).

Travel Documents

Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment.

Passports, Visas & Health

It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months 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 requirements for their destination and any transit countries before travelling. 

Warning: Malaria and other tropical Diseases

Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases such as yellow fever. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure.

Cancellation

In the event of the Client cancelling the Booking the terms of cancellation shall be subject to the relevant Principal’s terms and conditions. We shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by Ourselves.

Unscheduled Change/Disruption

In the unlikely event of there being an unscheduled extension to the final itinerary caused by re-scheduling, delays, bad weather, strikes or any other cause which is beyond the control of Ourselves, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S ACCOUNT. The Client should confirm whether any of these expenses may be covered by travel insurance, should this be applicable. it is the Client’s responsibility to confirm the specific provisions of the travel insurance.

Itinerary Variations & Transfers

While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather/road conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and We shall NOT BE HELD LIABLE for any such variations.

Law & Jurisdiction

These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Ourselves. We SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

Special Requests

Clients who have special requests must specify such requests in advance and directly to the Principal

Amendments of these Conditions

We reserve our right to change these terms and conditions without further notice to yourself.

Legal Fees

In the event that We have to engage a lawyer to enforce any of our rights in terms of these Conditions or otherwise, and in the event that We are successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.

Confidentiality

Subject to statutory constraints or compliance with an order of court, We undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

General Terms and Conditions for Online Bookings

Bookings Online

Please note that over and above the online terms and conditions as set out below (‘the Online Conditions’), all online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail.

Intellectual Property

The Sites are owned by Us and the domain names are registered in our Names. All intellectual property rights in and to the aforementioned vests with us. None of the content or data found on the Sites may be reproduced, sold or transferred.

Copyright and Trademark Notices

All contents of the Sites are registered to: Flightsite (PTY) LTD The Gihon 1st floor, corner of Bill Bezuidenhout and Sportica Way, Bellville, 7550. All rights in and to any copyright or registered or unregistered trademarks of Ourselves remain strictly reserved.

Changes & Modifications of these Terms and Conditions

We may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Ourselves will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.


Access and Use

The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms. By clicking “I agree to the Terms and Conditions” on the Passenger information page, prior to the conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices. Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. We may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act].

Personal and noncommercial 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 and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Ourselves or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the Client may make limited copies of its travel itinerary and/or other 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, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:

  1. access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Ourselves;
  2. violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
  3. take any action that imposes, or may impose, in the discretion of Ourselves, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
  4. deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of ourselves.

Liability Disclaimer

The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, We DO NOT GUARANTEE THE ACCURACY of travel products displayed on the Sites much of which information is provided by the respective Principals. We DISCLAIM LIABILITY for inaccuracies relating to the aforementioned information and descriptions.

We may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. We make NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Ourselves. For the avoidance of doubt, the services rendered by us do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

Travel Destinations

By offering travel for sale to particular destinations on the Sites, We do NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and are NOT LIABLE for damages or losses that may result from travel to such destinations.

Indemnification

The Client AGREES TO DEFEND AND INDEMNIFY Us and any of our officers, directors, employees and agents from against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:

  1. the Client or on the Client’s behalf [in excess of the liability described above]; or
  2. by third parties as a result of
    1. the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
    2. the Client’s violation of any law or the rights of a third party; or
    3. the Client’s use of the Sites.

No unlawful or prohibited Use

The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.

Links to other Websites

There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Ourselves and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Our inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. We have not tested and MAKE NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Ourselves 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 sites.

Applicable Law

Please note that the use of this Website and the Mobisite is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.

General

Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Ourselves with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Ourselves with respect to the Sites.

Communication from Sites

By making a booking on any platform, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any bookings will continue to be sent.

Entire Contract

All the terms and conditions displayed on the Sites constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Ourselves or otherwise that is not included herein.

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