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Terms and Conditions

STANDARD TERMS AND CONDITIONS [FOR USE OF WEBSITE BY PUBLIC]

 

  1. GENERAL
  1. ACCEPTANCE OF AGREEMENT

 

  • You may make use of the Company’s services and websites, subject to the terms and conditions outlined herein.
  • This agreement is valid and binding on all persons who access this website (or any part thereof) or who use the Company’s services (as outlined below).
  • Please read this agreement carefully because by using this website or the Company’s services you will be deemed to have agreed to be bound by it. If you do not agree to be bound by this agreement, you must leave this website immediately and refrain from using the Company’s websites or services, as further use will automatically bind you to this agreement.
  1. ACCEPTANCE OF THIS AGREEMENT ON BEHALF OF ALL TRAVELERS, GUESTS AND/OR DEPENDENTS

 

  • By accepting this agreement, the user does so not only on behalf of himself or herself, but also on behalf of any dependent(s) and/or guest(s) included in the user’s bookings made through The Company’s website or through the services provided by the Company and you hereby warrant and expressly represent that you have the authority to do so.
  1. BOOKING TERMS

 

  1. OUR SERVICES

 

 

  • The Company is a travel agency that runs self-service websites (such as this website) that allows the general public to book travel services from various third-party suppliers and/or owners of various units in and around the greater Marloth Park area.
  • We are a privately owned and operated entity and in no way affiliated with Marloth Park Wildlife Sanctuary, SANParks or any entity associated with them
  1. SELF-SERVICE

 

  • It is solely your responsibility to define and provide the correct information during the booking process, as well as to assess the suitability of any travel service before booking.
  • You acknowledge and agree that The Company may communicate with you via various communication channels and/or use the website on your behalf in order to facilitate your booking, but it remains your sole and absolute responsibility to make the final assessment of suitability and to corroborate the accuracy of all information before a booking is made.
  1. BOOKING IS MADE DIRECTLY WITH THE SUPPLIER

3.1       Any booking the user makes through utilizing The Company’s Services, is made by the user with a third-party supplier (a “Supplier”).

3.2       The user acknowledges and agrees that The Company acts as an agent of the Supplier, who undertakes to render the agreed travel service to the user. Any right of recourse that the user might have regarding the supplied travel service will be against the Supplier.

3.3       Despite the above The Company will, where reasonably possible, assist the user with queries in various ways in order to facilitate an enjoyable stay for the user.

  1. RATES AND PRICES

4.1       Any and all rates and/or prices displayed on this website are subject to change and are merely intended to serve as guidelines.

4.2       Only quotations furnished directly to a user upon inquiry, either through the website or other electronic communications, constitute legal offers.

4.3       In addition to the aforementioned, the user acknowledges and agrees that quotations are always subject to the availability of the Supplier and

while The Company endeavors to display accurate prices at all times, pricing errors do occasionally occur. In such circumstances, The Company reserves their right to reprice, on reasonable notice to the user, even if the amount is included in a quotation or has already been paid.

  1. YOUR RESPONSIBILITIES

5.1       You hereby acknowledge that you are fully aware of, understand and accept the responsibilities of using a self-service booking website like this site.

5.2       The user’s responsibilities in making use of this website include the following:

  • ensuring the selection of the correct Supplier as it relates to your requirements
  • checking that accurate details have been supplied and captured in the booking
  • ensuring that all the proper travel documentation and permissions have been obtained before completing your booking
  • understanding what vaccinations or medication may be recommended for those travelling to your destination
  • ensuring the eligibility of the travelers, including age, health, financial status or any other relevant factor
  • any other factors which might influence your ability to take-up or enjoy your booking
  • Checking and ensuring all travelers, dependents and/or guests have valid travel and identification documents as might from time to time be required in their possession at all material times
  • Ensuring that you and fellow travelers, dependents and/or guests seek out adequate insurance products to protect against the various risks associated with your booking and travelling

5.3    The above is by no means intended to be an exhaustive list of the user’s responsibilities but merely illustrative thereof

  1. TERMS OF THIRD PARTY SUPPLIERS

6.1    In addition to these terms and conditions, each third party Supplier might have their own Terms and Conditions that apply to your stay. It is your responsibility to familiarise yourself with the Terms and Conditions of the Supplier before completing a reservation.

6.2    In the event that a third party Supplier elects not to apply additional Terms and Conditions to your stay, or the Supplier’s Terms and Conditions differ materially from these terms and conditions, the terms and conditions herein contained will supercede the additional terms and conditions impose by the Supplier and these terms and conditions shall remain of full force and effect and shall continue to apply to your stay.

  1. ACCEPTING INSTRUCTION

7.1    The Company may accept instructions relating to a booking from any party with access to the email account or cell phone number used for the booking, or with substantive knowledge of the booking (such as the reference number).

  1. CANCELLATION/TERMINATION OF BOOKING

Cancellation by you

  • You may cancel this agreement and your booking at any time after commencement of this agreement by giving the company not less than thirty (30) days written notice of your intention to cancel your booking.
  • Late cancellation will trigger a late cancellation penalty fee calculated as follows:
  • 30% of the deposit securing your booking if you cancel your booking between 29 – 15 calendar days prior to your scheduled date of arrival;
  • 50% of the deposit securing your booking if you cancel your booking between 14 – 8 calendar days prior to your scheduled date of arrival;
  • 100% of the deposit securing your booking if you cancel you booking 7 calendar days or earlier prior to your scheduled date of arrival
  • You hereby agree that the penalties referred to in clause 8.2 above shall still apply and remain of full force and effect regardless of whether your booking was made within the 30-day period in clause 8.1 above.
  • You hereby acknowledge and agree that you will be liable for payment of any administration fees and other charges in respect of any late cancellation of a booking.
  • Upon cancellation of a booking by you in terms of this clause, and should there be found that any amount might be due to you by a third party Supplier, such funds will be payable by the supplier to the Company. Upon receipt of such funds, the Company will pay the funds into a bank account nominated by you within 10 (ten) days of receipt of the funds by the third party supplier.
  • You hereby acknowledge and agree that, should no funds be due to you or should the Company not receive the funds from the third party supplier or should a dispute arise in relation to the aforementioned funds, the Company shall not be obliged to make any payments to you and any recourse you might have in law, shall be against the Third party supplier directly.

Cancellation by the Third Party Supplier and the Company

  • The company or any third party supplier may at their sole discretion and with immediate effect cancel your booking for either one or more of the following reasons:
  • Failure by you to make payment of any deposit or administration fees or any other charges (or any portion thereof) timeously as and when it becomes due in terms hereof;
  • Upon you, or any person making use of the third party’s facilities, breaching any of the provisions of the third party’s terms and conditions which may be applicable to your stay;
  • Upon violation of any provision which binds the third party supplier including but not limited to, any code of conduct or home owners association rules or facility-specific rules and regulations which a third party supplier might be bound to. You hereby specifically acknowledge and agree to be held liable for any penalties and/or fines levied against a third party supplier or the company by the local authority and/or the home owners’ association as the case may be due to a violation as aforesaid by you are any of your co-travelers, dependent’s and/or guests.
  • Should your booking be terminated with cause, including but not limited to the aforementioned instances, the third party and/or company shall be entitled to retain any and all un-allocated payments made by you to the company or third party supplier in advance.
  • In addition to the aforementioned and should your booking be terminated with cause as contemplated herein, you will be liable for any unpaid amount(s) in respect of the remainder of the booking period.
  • The third party supplier or the company may further cancel your booking with reasonable prior notice due to circumstances outside of the supplier’s or the company’s control, in which case you will be entitled to a refund of moneys paid on the basis of clauses 8.4 and 8.5 above
  1. CONDUCT, RULES AND REGULATIONS
  • By entering into this agreement you agree and acknowledge yourself, your co-travelers, your dependents and/or your guests to be bound by the conduct rules of the home owners’ association on the one hand and the rules of the local authority on the other hand, as might be amended from time to time, which includes but is not necessarily limited to, the following:
  • rules and regulations contained in the conduct-and management rules of the home owners’ association – with specific reference to any noise policies that might be applicable; and
  • any and all facility specific rules displayed on signage;
  • By entering into this agreement and completing your booking, you further acknowledge and agree that you have been made aware of, and that you know and understand the contents of these standard terms and conditions and that you are fully au fait with same.
  • Without limiting the generality of the aforesaid, you hereby specifically acknowledge and agree that should it be determined that you or any person making use of a third party supplier’s facilities through you violates any of the rules or regulations alluded to above, is loud, offensive, bothersome to other guests, residents, or employees or otherwise behaves in any inappropriate and/or unlawful and/or illegal manner then and in such event the third party supplier shall be entitled to suspend or terminate your booking with immediate effect.
  • Without limiting the generality of the aforementioned, you hereby acknowledge and agree that you will be held liable for any fines imposed by a local authority and/or body corporate and/or homeowners’ association flowing from a breach of the rules and regulations contemplated in these terms and conditions by you or any person making use of the premises through you.
  1. USER’S WARRANTY
  • You hereby warrant that you have no disability, impairment, injury, disease or other condition materially preventing you from making use of the suppliers’ facilities or which could cause increased risk of injury or other adverse health consequences as a result of your use of the suppliers’ facilities or the travelling associated with your booking.
  • You, on behalf of yourself and any dependent and/or guest, hereby assume full responsibility for your use of any facilities, services and/or packages associated with your booking and you expressly indemnify the company, its affiliates, agents and employees against any and all liability of whatsoever nature (including but not limited to injury, damage to property, theft or loss) arising from your booking or any activities incidental to your booking and stay.
  • In addition to the aforementioned, you acknowledge and agree that, the use of certain of the facilities, packages and services booked for through this website (for example a pool or other facilities that require physical exercise) includes inherent risks of injury, loss and/or theft and you acknowledge that you are fully aware of and accept the risks associated therewith.
  • You expressly acknowledge yourself to be aware of, and accept the risks, associated to the following eventualities (which is by no means intended to be an exhaustive list):
  • Participation by you, your dependents and/or your guests in any activities, programes, classes and/or events;
  • Any instructions directed to you during the course and scope of service provided to you by any service provider;
  • Medical disorders that may occur during the use of the facilities during your stay including but not limited to heart attack, stroke, death, sprains, broken bones, etc.;
  • Possible occurrence of accidents in or around any facilities, including the common areas, pool areas, or while travelling to and from any destination;
  • Possible theft or loss of property during your stay or while attending any activity provided by any third party supplier;
  • Possible occurrence of incidents involving wild animals, which roam free on the suppliers’ facilities and premises. You specifically acknowledge yourself to be aware of the fact that wild animals are dangerous and unpredictable and interactions with animals should be avoided.
  1. DAMAGE TO CLUB AND/OR COMPLEX PROPERTY
  • You hereby acknowledge and agree that you shall be held liable for any and all damages to a supplier’s property and/or losses suffered by the company or a third party supplier as a result of your mis-use of this website on the one hand and/or the misuse of any third party suppliers’ facilities on the other hand, including for the mis-use of the aforementioned facilities by your dependents and/or guests as the case may be.
  • You further acknowledge and agree that you are aware that most of the facilities, activities and events are situated within the greater Marloth Park area and residential association and as such you acknowledge and agree that you will be held liable for any damages to and losses suffered by the home owners’ association of Marloth Park and/or its residents caused by you, your dependent’s and/or guests (whether common property or otherwise).
  1. TRAVEL DELAYS AND RE-SCHEDULING

12.1  You hereby acknowledge that flights or any alternative modes of transport are occasionally re-scheduled, delayed or cancelled for various reasons.

12.2  It shall remain your responsibility to check for such itinerary changes ahead of travel. The Company will not be held liable for any changes or changes resulting in any additional costs including, but not limited to accommodation charges or alternate travel arrangements.

  1. FORCE MAJEURE

 

13.1.   Despite any other provision of this Agreement to the contrary, no party need act if it is impossible to do so owing to any cause beyond his/her/its reasonable control (including, without limitation, war, riot or natural disaster). The non-performing party agrees to notify the other promptly after it determines that it is unable to act.

13.2.   It is specifically acknowledged and agreed by you, without limiting the generality of clause 13.1 above, that the aforementioned clause includes impossibility of performance as a result of regulations issued as a result of the COVID-19 pandemic under the Disaster Management Act, 57 of 2002.

14. FEES AND COMMISSIONS

14.1    You hereby acknowledge and agree that the Company may charge you administration fees for specific services related to bookings, including but not limited to administration fees for placing, modifying, amending or cancelling your booking.

14.2    In addition to the above it is expressly acknowledged and agreed that the Company may receive payments or commissions from Suppliers in relation to bookings received through your use of this website.

14.3    The Company may from time to time offer additional services and/or packages through the use of third party suppliers whilst acting as an agent of a the third party supplier. Your acknowledge and agree that such third party suppliers are their own legal entity and that utilizing such services and/or packages will be subject to supplier specific terms and conditions which may supersede these terms and conditions.

  1. PRIVACY POLICY

 

At Marloth Park Tourism (Pty) Ltd (“the Company”), we collect and manage user data according to the following Privacy Policy:

  1. DATA COLLECTED
  • The Company collects information you provide directly to the Company. For example, the Company collects information when you create an account, subscribe, participate in any interactive features or the Company’s services, fill out a form, request customer support or otherwise electronically communicate with the Company
  • The types of information the Company may collect include your name, email address, postal address, credit card information and other contact or identifying information you choose to provide to the Company.
  • The Company collects anonymous data from every visitor of the Company’s website to monitor website traffic, fix bugs, etc. For example, the Company collects information such as web requests, the internet protocol address, the browser type, the browser language and a timestamp for any requests from time to time received by the Company
  • The Company uses various types of technologies to collect information, which may include sending cookies to your electronic devices. Cookies are small data files stored on your device’s hard drive or in the device’s memory that helps the Company to improve the Company’s services and the user’s experience by seeing which areas and features of the Company’s services are popular and counting visits to the website, etc.
  • In addition to the aforementioned, the Company may also collect information using web beacons (known as tracking pixels). Web beacons are electronic images that may be used in the Company’s services or emails and to track visits or understand usage and/or campaign effectiveness.
  1. USE OF DATA
  • The Company only uses your personal information to provide you with the Company’s services or to communicate with you about the website or services, specials and packages available.
  • The Company employs industry standard techniques to protect against unauthorized access of data about the user stored by the Company, including any and all personal information
  • The Company does not share personal information provided to the Company by the user, without the user’s consent, unless:
  • doing so is appropriate to carry out the user’s requests or instructions;
  • The Company is under the reasonable belief that it is needed to enforce the Company’s legal agreements with third parties or that the Company is legally required to share such information;
  • The Company is under the reasonable belief that it is needed to detect, prevent or address fraudulent activity, security or other technical issues
  • By agreeing to these terms you agree that Marloth Park Tourism may, from time to time, make use of video footage and/or images for marketing purposes of you establishment in order to communicate same to guests and prospective guests
  1. SHARING OF DATA
  • The Company does not share the user’s personal information with third parties unless expressly provided for herein
  • Anodized data might periodically, from time to time, be transmitted to external or third party service providers to assist the Company to improve its website and/or services.
  • The Company may from time to time allow third parties to provide analytical services in order to improve. These third parties may make use of cookies, web beacons or other technological aides to collect information about the user’s use of the Company’s website and/or other similar websites, including the user’s IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information.
  • The Company also uses social buttons provided by services such as Twitter, Google, LinkedIn, Facebook, etc. The user’s use of these third party services is entirely optional and the Company is not responsible for the privacy policies and/or practices of these third party service providers. The user remains solely responsible for reading and understanding the privacy policies of these third party service providers.
  1. SECURITY
  • The Company agrees and undertakes to take reasonable steps to protect personally identifiable information from loss, misuse, disclosure, unauthorized access, alteration and/or destruction.
  • Notwithstanding the aforementioned, the user hereby acknowledges and agrees being aware of the fact that no internet transmission is ever completely secure and/or free of errors – with particular reference made to emails sent to and from this site
  1. COOKIES
  • As aforementioned, the Company may use cookies on its website in order to remember the users’ preferences.
  • For more general information on cookies, the user is directed to read “What Are Cookies”.
  1. OPT OUT/COMMUNICATION PREFERENCES
  • The user may modify his/her communication preferences and/or opt out from specific communications at any time and in this regard the user agrees and undertakes to adjust his/her preferences as and when the need arises.
  1. CHILDREN
  • This website is not intended for children under the age of 18 years.
  • The Company does not knowingly collect personal information via this website from user’s younger than 18 years
  1. CHANGES TO OUR PRIVACY POLICY
  • The Company may from time to time elect to amend its privacy policy.
  • The usage of personal information collected now is subject to the Privacy Policy in effect at the time of collection and usage of such information.
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