TERMS AND CONDITIONS OF TRADE.
In these conditions “the Company” shall mean Business Evolution Strategies, as well as all affiliates, officers, shareholders, agents, managers, employees, directors, members, controlling or holding companies and, representatives (of any form) of the aforesaid parties. The Company is a specialist financial service company and acts as an agent for third party suppliers, such as but not limited to airlines, tour operators, all accommodation, car rental companies, vehicle, yacht, boat or aircraft, and helicopter companies and charters, and adventure travel packages and all travel experiences, etc.
Lawyers, attorneys, Government departments, Clarks, etc. Linguists, translators, etc.
The “Product” shall mean any services and/or products the company secures and sells on behalf of any third party supplier to a client e.g. Financial service, consulting, a holiday package or travel services. The ‘Agent’ shall mean any entity who is securing a client to conclude business through the Company. There shall be no binding contract between the Company and the Agent until; the Agent Contract has been signed, the Company Terms and Conditions of Trade confirmed by the Agent, and the deposit specified paid in full.
The “client” shall mean any person or user of any product sold by the company.
The client warrants to the company, that he/she is authorised to secure the business and in doing so, therefore, accepts all the conditions below on behalf of himself/herself and in the case of travel; each of his / her travelling companions including any minors who may be accompanying him /her.
In these conditions “the Company” shall mean Business Evolution Strategies, as well as all affiliates, officers, shareholders, agents, managers, employees, directors, members, controlling or holding companies and, representatives (of any form) of the aforesaid parties. The Company is a specialist financial service company and acts as an agent for third party suppliers, such as but not limited to airlines, tour operators, all accommodation, car rental companies, vehicle, yacht, boat or aircraft, and helicopter companies and charters, and adventure travel packages and all travel experiences, etc.
Lawyers, attorneys, Government departments, Clarks, etc. Linguists, translators, etc.
The “Product” shall mean any services and/or products the company secures and sells on behalf of any third party supplier to a client e.g. Financial service, consulting, a holiday package or travel services. The ‘Agent’ shall mean any entity who is securing a client to conclude business through the Company. There shall be no binding contract between the Company and the Agent until; the Agent Contract has been signed, the Company Terms and Conditions of Trade confirmed by the Agent, and the deposit specified paid in full.
The “client” shall mean any person or user of any product sold by the company.
The client warrants to the company, that he/she is authorised to secure the business and in doing so, therefore, accepts all the conditions below on behalf of himself/herself and in the case of travel; each of his / her travelling companions including any minors who may be accompanying him /her.
CONTRACT
All business undertaken by the company is subject to these standard terms and conditions.
All company products, packages, services, or tickets purchased by a client, are supplied by a supplier. The supplier is solely responsible for the design and supply of the products bought by the client. The company only assists in the securing of such products and shall provide all necessary support for the client to purchase the product. Therefore the contract for the products lies between the client and the supplier. Each supplier will have its terms and conditions relating to the products purchased.
The specific terms and conditions of the suppliers can be obtained from the supplier on request. The company has no contractual liability to the client in respect of the product bought from the company, specifically for work not performed by the company but by a third party.
QUOTATIONS AND AVAILABILITY
A quotation is an offer to provide business services and is subject to price increases. An agreement is only concluded once the full product price is paid for in full.
The prices of all products are subject to change and may only be confirmed when paid for in full. Please note that the quotes provided are subject to availability and capacity constraints. The price quoted can never be guaranteed and all products, including but not limited to airfares and tour operators’ travel packages, or any service where a foreign currency is used; are subject to change without notice and before payment in full. Any increases must be borne and paid by the client upon demand.
Quotes are based on standard special agreements with certain suppliers, and these offers may be subject to availability/occupation, etc. which is not known at the time of the quote; this may affect the ultimate price, should these offers not be available at the time of securing the service. We will, however, endeavour to secure the service based on the quoted offer.
On acceptance of a quotation, any subsequent changes to the quoted service/itinerary will attract a minimum charge of R250 per change, irrespective of payment to secure the booking is made or not.
PAYMENTS
A service request will be valid for 24 hours unless otherwise stated. The deposit must be paid, and it is the client’s responsibility to request and read the specific suppliers booking terms and conditions, where applicable.
No person, organisation, or employee of the company has authority to vary these service conditions; and the company reserves the right to decline any service.
A minimum 50% non-refundable deposit is required within this period to guarantee the service. This deposit will only be refunded if the service cannot be performed/accommodated. Until this payment has been made, the service cannot be guaranteed. This may vary depending on the individual supplier booking terms and conditions that are part of the proposed product.
The full balance due is payable 40 days before the travel date or in the case of a professional service rendered; on completion of the service request. If the full amount is not received in the due time, the company reserves the right to treat the service as a cancellation.
In the case of travel or accommodation requests, we insist that the client settles their flight fare and flight taxes with the deposit. The company business is conducted on a cash basis and services to endpoint/travel documents, shall not be prepared until full payment is made.
Credit Cards are acceptable; however please note that a surcharge will be added and that certain suppliers do not accept credit card payments.
When using Electronic Transfer (EFT) confirmation of the payment must be e-mailed to jax@best-strat.com
Please be aware that certain banking institutions can take more than 48 (forty-eight) hours to clear payments and payments must be cleared before a service is confirmed.
CANCELLATIONS
Any cancellations made by a client must be in writing. Any amendment or any change by a client to service in whatsoever manner (GL Codes, date change, rerouting, etc.) after payment constitutes a cancellation.
If the client cancels a service or reservation for whatever reason, the company shall charge an administration fee and the supplier may well also impose a cancellation fee, which could be up to 100% of the product price when it comes to travel in less than 40 days.
CHANGES AND ALTERATIONS – TRAVEL AND PROFESSIONAL SERVICES
The company does not guarantee the safety standards or performance of any supplier.
The clients of any product purchased through the company accept that the use of the product may be dependent on certain factors beyond the company’s control and therefore agree that the company will not be held liable for any compensation to the client if it is forced to cancel or in any way change the service or in the event of travel; any flight or transfer due inter alia, but not exclusively, to force majeure including war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstances beyond the control of the company.
The company reserves the right to cancel the service without prior notification and in such an event only agrees to refund all monies already paid and received by the client.
Unforeseen cancellations due to war, unrest, or any other force majeure or other circumstances are still subject to the supplier’s cancellation and bookings terms and do not constitute a valid reason for waiver of any supplier cancellation policy terms.
If the client changes any travel arrangements such as, but not limited to accommodation, activities, flight transfers, or any portion of the agreed itinerary, the company shall not be held liable for any compensation or costs to the client whatsoever.
INSURANCE – TRAVEL SERVICE ONLY
Travel and cancellation insurance, including cover for water based activities/scuba diving and snorkelling is recommended for all clients. All insurance is solely the responsibility of the client. Before a client commences with travel, he or she should arrange his/her insurance with a reputable insurer, with protection for the full duration of the stay or itinerary, to cover personal injury, medical expenses, repatriation expenses, loss of luggage, and expenses associated with the cancellation or curtailment of any booking.
If a client becomes ill, all hospital expenses, doctor’s fees, and repatriation costs are for the client’s account, and the company, shall not be liable for any refund of the booking whatsoever. The carriage and storage of all baggage and personal effects are at all times the client’s risk and the company cannot accept any liability for any loss or damage of baggage or personal effects.
LIABILITY
The client and the Agent agrees and concedes that the company and its members and employees shall not be responsible for loss or damage to property or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever.
HEALTH – TRAVEL SERVICE ONLY
The client hereby acknowledges an awareness of the proposed travel itinerary and confirms that he or she is medically fit, in good physical and mental health, and can travel. Any client with a pre-existing medical condition or illness must declare the true nature of such conditions to the company before the commencement of the booking. Any failure to declare may result in the cancellation of his /her booking.
CLAIMS AND COMPLAINTS
In the unlikely event that the client has a complaint, it must first be taken up with the management /company representative of the supplier, so that an opportunity is afforded to the supplier to investigate the situation. If the client has any further complaint then they must lodge this in writing to the company within 10 (ten) days of the booking end.
If these procedures are not followed then the company will not investigate or continue to investigate such complaints.
COMPANY RESPONSIBILITY AND RIGHTS
The information in any brochure, leaflets, website, and advertising is given in good faith by the company and is based on the latest information available to the company.
The information in any brochure, leaflets, website, and advertising is given in good faith by the company and is based on the latest information available to the company.
CLIENT RESPONSIBILITY
It is the client’s sole responsibility to ensure that passport, visa, and other required documents are in order.
Any resulting consequences of a client’s failure for not having his/her required paperwork in the order shall be to the account and the sole responsibility of the client. That all relevant financial information is readily available to perform the task set at hand.
SEVERABILITY
Should any of the terms and conditions of this agreement be held to be invalid, unlawful, or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable.
If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
RELEVANT LAW
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of the Republic of South Africa. Any claims, be they in contract, delict, or otherwise to be instituted against the company, shall be governed by the law of South Africa and may only be instituted in a South African Court, to the exclusion of all other jurisdictions.
All clients and their agents confirm that they have read and abode by the aforementioned and agree to the terms and conditions therein contained. All clients record that they are requesting service at their own risk and waive any claims that they might have regarding injury, loss, or death which might occur due to any causes whatsoever. The company refers in particular to any minor child/children who may be accompanying the client and confirm specifically that this indemnity applies to such child/ children.
The client and any client’s Agent further binds their dependents, heirs, executors, administrators, and assigns to the Terms and Conditions of this agreement, and indemnify and hold blameless the company, its members, associates, employees, representatives, organisers, helpers, and agents from all liability for any or all claims whatsoever and howsoever arising. Without limitation (including consequential claims) arising from any delay, loss, or property damage, or injury, illness, or death arising from any cause related to or occurring during a service request, booking, activities, or tours with the company.