TERMS AND CONDITIONS
1. Use of the website
1.1 These terms and conditions (“Terms“) govern:
1.1.1 your use of the website operated by Biggestleaf Proprietary Limited trading as “Biggestleaf Travel” (“Biggestleaf Travel” and also referred to as “we” or “us“) located at http://biggestleaftravel.com (“Website“) ; and
1.1.2 the reservation, booking and other services offered by us (“Biggestleaf Services“),
on the basis of an agreement between you and Biggestleaf Travel.
1.2 By accessing, browsing and using our website and/or by using any Biggestleaf Service, you acknowledge and agree to have read, understood and agreed to the Terms, which expressly includes the terms of our Privacy Policy, that can be found at http://biggestleaftravel.com/privacy-policy.
1.3 You will be entitled to use the website and the Biggestleaf Services for your personal purposes.
1.4 You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:
1.4.1 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the website;
1.4.2 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the website;
1.4.3 allow any third party to use your usernames and passwords in any manner other than as permitted by these Terms; or
1.4.4 infect the website with any software, malware or code that may infect, damage, delay or impede the operation of the website or which may intercept, alter or interfere with any data generated by or received through the website.
1.5 Based on information you supply to us, including geographical location information, the use of the Biggestleaf Services may be restricted to certain geographical areas, which areas will be listed and updated on our website from time to time.
2. Use of the Biggestleaf Services
2.1 Biggestleaf Travel provides Clients with the Biggestleaf Services on the basis that Biggestleaf Travel, in rendering the Biggestleaf Services is:
2.1.1 acting as the principal; or
2.1.2 acting as an intermediary on behalf of service providers engaged in the hospitality industry (“Service Providers“) in relation to the services offered by the Service Provider (“Service Provider’s Services).
2.2 Accordingly, when using the Biggestleaf Services:
2.2.1 where Biggestleaf Travel is the principal, you enter into a direct (legally binding and enforceable) contractual relationship with us on the Terms in respect of the relevant Biggestleaf Services; and
2.2.2 where Biggestleaf Travel is acting as an intermediary between you and the Service Provider in relation to Service Provider’s Services:
2.2.2.1 the agreement in use by the Service Provider in relation to the Service Provider’s Services shall constitute the sole agreement between the Service Provider and you (“the Service Provider’s Agreement“), enforceable by you against the Service Provider;
2.2.2.2 Biggestleaf Travel shall, as soon as possible following a request from you, provide you with the identity of the Service Provider and to the extent possible, where the Service Provider’s Agreement is in written form, a copy of such Service Provider’s Agreement.
2.3 For continued use of the Biggestleaf Services, you may be requested from time to time to accept new or amended versions of these Terms, which will appear as a pop-up, requesting your acceptance.
2.4 You must familiarise yourself with and follow the security procedures communicated by us from time to time as well as such other procedures that may apply generally to the Biggestleaf Services.
2.5 Any reference to “personal information” means any and all information that you provide when using the Biggestleaf Services, that is categorised as “personal information” in terms of the Protection of Personal Information Act No. 4 of 2013, as amended from time to time. In order to use certain of the Biggestleaf Services, you may have to provide certain personal information, which we may have to validate.
2.6 You are responsible for keeping all of your personal information, usernames and passwords up-to-date, secure and confidential and must inform us immediately if there has been, or if you suspect, any breach of security or confidentiality. We may ask you to provide us with proof of your registration/identity or other information in a form that we regard acceptable.
2.7 Biggestleaf Travel reserves the right to modify, replace or terminate any existing Biggestleaf Service without prior notice to you. If such modification, or termination of any Biggestleaf Service is, in our discretion, material to the nature of any transaction you have entered into with us, we will give you prior notice of such changes, in order for you to decide whether you wish to continue the use of the Biggestleaf Services after such material change.
2.8 Quotations. Biggestleaf Travel quotations are based on anticipated costs and are subject to amendment should these anticipated costs increase due to circumstances outside the control of Biggestleaf Travel.
2.9 Payment terms. Unless the Service Provider’s Agreement states otherwise:
2.9.1 at the time of making your booking/reservation, a payment of a 50% deposit is required, and the balance of payment is due 60 days prior to the commencement date of your itinerary;
2.9.2 bookings made within 60 days prior to the commencement date of your itinerary are subject to payment in full at the time of confirming the booking/reservation.
2.10 Failure to make these payments on time will result in your booking/reservation automatically being cancelled.
2.11 Payment in foreign currency. Please note that should you have been quoted in a foreign currency (other than South African Rand) and wish to settle payment by means of a credit card, your quotation will be converted to South African Rand prior to the transaction being processed due to foreign exchange regulations determined by the South African Reserve Bank.
2.12 The rate of exchange on the day that the transaction is processed will be used to determine the equivalent Rand amount with any resulting foreign exchange differences or bank charges being for the Client’s account.
2.13 You may, however, make payment by means of a bank transfer – in this instance the amount will be converted by your bankers on presentation of our invoice. It is your responsibility to inform and instruct your bankers that the net invoice amount must equal the funds clearing into the Biggestleaf Travel’s bank account and that all bank charges in this regard are for your account.
2.14 Other fees and charges. Any additional fees or charges that pertain to your use of the Service Provider’s Services, such as mandatory park admission fees or tourism levies, as well as all bank charges incurred in the payment and clearance of any payments made by you, will be for your account.
2.15 Double bookings or non-availability of Service Provider’s Services. It may happen occasionally that once you have confirmed your reservation, the Service Provider may advise us that the Service Provider’s Services have been double-booked or are no longer available for another reason, including any technical glitches or errors on the Service Provider’s reservations system. In this case, while we cannot be held responsible, we will try our best to find a reasonably similar alternative.
2.16 Site inspections. While Biggestleaf Travel is familiar with the Service Providers through which the Service Provider’s Services are offered, we do not undertake regular site inspections of the Service Providers. We make every effort to ensure that any information listed on our website about a particular Service Provider is true and accurate, however this information is provided to us by the Service Provider in question and as such we cannot be held liable for any loss sustained or damage suffered by you as a result of the inaccuracy or otherwise of such information.
2.17 Your cancellation rights in respect of the Service Provider’s Services. The cancellation policy of the relevant Service Provider’s Agreement will apply to any notice of cancellation received from you.
2.18 Subject to clause 2.17, you will be entitled to cancel any Service Provider’s Services that you have booked with us at any time prior to the start of your itinerary, on the further terms of clauses 2.19 and 2.21.
2.19 All cancellation requests must be sent in writing to Biggestleaf Travel. In the event that your cancellation request is received on a business day, Biggestleaf will submit your cancellation request to the relevant Service Provider within 24 hours of receipt of your cancellation request. In the event that your cancellation request is received on a weekend or public holiday, Biggestleaf will submit your cancellation request to the relevant Service Provider within 24 hours of the next business day. Such cancellations shall only be effective from the actual date of receipt of the cancellation notice by the relevant Service Provider. Biggestleaf Travel will use its best endeavours to facilitate the processing of any refunds due to you in the event of a cancellation, within 15 business days from receipt of the cancellation notice.
2.20 While we undertake to get the refund to you as soon as possible, we do not have control over the entire refund process and remain subject to the Service Provider’s processes.
2.21 Please take note that any cancellations may be subject to the following deductions (subject at all times to the cancellation policy(ies) of the Service Provider’s Agreement):
2.21.1 refunds based on a Client’s credit card payment: the relevant cancellation fee, less a 3 percent credit card surcharge;
2.21.2 refunds based on a Client’s direct bank deposits: the relevant cancellation fee, less actual bank charges debited by the payor’s bankers;
2.21.3 refunds based on a client’s foreign exchange transfers: the relevant cancellation fee, less actual bank charges debited by the payor’s bankers; and
2.21.4 refunds based on a Client’s cash payments: the relevant administration charges, less actual bank charges debited by the payor’s bankers.
2.22 Your cancellation rights in respect of Biggestleaf Services where Biggestleaf Travel is acting as principal. You will be entitled to cancel any Biggestleaf Services that you have booked with us at any time prior to the start of your itinerary, on the following terms:
2.22.1 where notice of cancellation is received from you until 8 (eight) days prior to travel – 100% (one hundred percent) of the total cost of the Biggestleaf Services booked by you will be refunded to you;
2.22.2 where notice of cancellation is received from you at any time within 7 (seven) days prior to travel – 100% (one hundred percent) of the total cost of the Biggestleaf Services booked by you will be forfeited to Biggestleaf Travel.
2.23 Our cancellation rights. Biggestleaf Travel reserves the right to cancel any booking/reservation at its sole and absolute discretion, without prior notification in instances where this is unavoidable. However, in such cases, Biggestleaf Travel agrees to refund all monies already paid by the Client in respect of that booking.
2.24 This shall be Biggestleaf Travel’s sole responsibility towards you for such cancellation, and no claim for any damages, howsoever arising, shall accrue against Biggestleaf Travel.
2.25 Important Travel Documentation. It is the Client’s sole responsibility to ensure that all passports, visas, health certificates, proof of vaccinations, reference letters, travel and medical insurance and any other documentation required (for you and anyone travelling with you) are all valid, in force and in order for the countries and locations to be visited.
2.26 We strongly advise all travellers to ensure that they have appropriate and comprehensive travel and medical insurance, as well as insurance covering the cancellation of any travel. Biggestleaf will not be liable for any loss that you, or any person travelling with you, suffers resulting from a decision by you not to purchase the appropriate travel and/or medical insurance.
2.27 No liability for luggage. Biggestleaf Travel shall not be responsible for any loss of or damage to the Client’s luggage whether in transit or at the Service Provider’s establishment or facilities or otherwise (including hand luggage, luggage checked into the aircraft hold, or luggage transported by any other means whatsoever to or from the Client’s destination). The acceptance of final documents, vouchers or tickets shall be deemed to be consent to the above conditions.
3. General terms and conditions
3.1 Social Media integrations. The website may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+, from time, for purposes of creating user profiles, logging in and/or sharing information. If you proceed to use the Biggestleaf Services in this case, the respective social media platforms’ rules will also apply and you agree to such integration.
3.2 Third party sites. We may provide certain hyperlinks to third party websites or apps only as a convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators. If you access and use any third party websites, apps, products, services, and/or business, you do that solely at your own risk.
3.3 Intellectual property rights. You acknowledge and agree that all right, title and interest in, and to, any Biggestleaf Travel or other intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the website or the Biggestleaf Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to Biggestleaf Travel or the respective owner(s)’ property and will remain ours or the owner’s property at all times.
3.4 You therefore agree that you will not at any time or under any circumstances acquire any rights of any nature in respect of such intellectual property by using the website or the Biggestleaf Services.
3.5 Service delivery and interruption of website. Biggestleaf Travel uses its best endeavours at all times to ensure that the Biggestleaf Services are of a high quality and that access and availability of the Biggestleaf Services and the website is maintained at its peak. However, these Biggestleaf Services are offered as they stand and we cannot guarantee or warrant that the Biggestleaf Services will always be free of errors, always available, free from interruptions, secure and reliable, or meet any of your specific delivery requirements.
3.6 No liability for interference. Biggestleaf Travel shall not be liable to you in any manner in respect of any loss, damage or claim of whatever nature that may be suffered by you, directly or indirectly, resulting from the unauthorised and/or unlawful access by a third party to your email service, computer or any other electronic device through which you have access to the online Biggestleaf Travel booking services.
3.7 Warranties. Biggestleaf Travel makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the website and/or the information, images or audio contained on the website.
3.8 The website and the Biggestleaf Services are used entirely at your own risk.
3.9 You warrant to and in favour of Biggestleaf Travel that:
3.9.1 you have the legal capacity to agree to and be bound by these Terms; and/or
3.9.2 you are 18 years or older; and
3.9.3 the Terms constitute a contract valid and binding on you and enforceable against you.
3.10 If these Terms are concluded by any other person acting in a representative capacity on behalf of you, the person accepting these terms hereby warrants that all of the information relating to the person (natural or juristic) that they represent and which information they have supplied to us, will be true, accurate and complete.
3.11 Indemnification. Should Biggestleaf Travel suffer any harm, loss, damage, liability or costs of any nature and however they arise, or have such claims instituted against them, resulting from:
3.11.1 your use of the Biggestleaf Services;
3.11.2 your failure to comply with any part of these Terms, including the breach of any warranty given by you;
3.11.3 the interruption or non-availability of the Service Provider’s Services,
you hereby irrevocably and unconditionally indemnify and hold Biggestleaf Travel harmless against such harm, loss, damage, liability or costs of any nature.
3.12 Limitation of liability. In providing certain of the Biggesleaf Services, Biggestleaf Travel acts only as an intermediary in regard to the Service Provider’s Services. Accordingly, and to the extent permitted by applicable laws, Biggestleaf Travel will have no liability towards you for any direct damages that you may suffer, however this may arise, and neither of us shall be liable to the other for any indirect, special, consequential, punitive or incidental loss or damages arising out of or relating to these Terms, whether as a result of negligence or breach or any other cause.
3.13 Regardless of the provisions of clause 3.11, if Biggestleaf Travel is found by the courts to be liable to you for any damages suffered, the maximum amount of our liability to you in such instance shall not exceed the amount paid to us by you in relation to the Biggestleaf Services.
3.14 Waiver. Failure or neglect by Biggestleaf Travel to enforce any of these Terms will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these Terms, nor prejudice the rights of Biggestleaf Travel to take subsequent action.
3.15 Applicable law. These Terms are governed by South African law, including the Biggestleaf Services, regardless of what country you are based in, the country where you access the Biggestleaf Services from or the country where you receive or use the Biggestleaf Services.
3.16 For any dispute arising between Biggestleaf Travel and you with regard to these terms and conditions or your use of any of the Biggestleaf Services, you agree that the High Court of South Africa (Western Cape Division, Cape Town) will have sole jurisdiction to consider the dispute, applying these terms and conditions and South African law.
4. Information in terms of section 43 of the Electronic Communication and Transactions Act, No. 25 of 2002
4.1 Site owner: Biggestleaf Proprietary Limited t/a Biggestleaf Travel
4.2 Legal status: Biggestleaf Proprietary Limited t/a Biggestleaf Travel is a private company, duly incorporated in South Africa in accordance with the applicable legislation
4.3 Biggestleaf Travel Registration No: 2014/279383/07
4.4 Biggestleaf Travel Director(s): Robert Bernatzeder
4.5 Description of main business of Biggestleaf Travel: the operation of a tourism business
4.6 E-mail address: [email protected]
4.7 Website address: https://biggestleaftravel.com
4.8 Physical Address: 18 Rose Avenue, Tokai, Western Cape Province, South Africa, 7945
4.9 Postal Address: 18 Rose Avenue, Tokai, Western Cape Province, South Africa, 7945
4.10 Registered Address: 18 Rose Avenue, Tokai, Western Cape Province, South Africa, 7945
Annexure A – Privacy Policy (attached separately)
