Terms and Conditions
THE INCENTIVE SHACK (PTY) LTD shall not be responsible or liable for any injury, death, damage, loss, delay, cost, expense, inconvenience or loss of enjoyment suffered by any person or corporation caused directly or indirectly by or arising from:
- Force majeure or other events beyond THE INCENTIVE SHACK (PTY) LTDS control, including but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of god, acts of government or any authorities, accidents to or failure of machinery or equipment.
- Due to climatic conditions, that satisfactory beach activities are unavailable for a client to enjoy.
- The negligence, acts or omissions of any Tour Operators or Airlines.
- The inability of THE INCENTIVE SHACK (PTY) LTD or Tour Operators or Airlines through circumstances beyond their control to comply with any special request relating to age, medical conditions, or physical disability of the client or any request for smoking or non-smoking accommodation or seating.
- The client failing to comply with any instructions, tour information or itinerary provided by THE INCENTIVE SHACK (PTY) LTD or any Tour Operators or Airline of failing to arrive in proper time for any transport or transfer.
- The client being intoxicated or affected by drugs at the relevant time.
- Inaccurate information or statements given by employees of THE INCENTIVE SHACK (PTY) LTD, Tour Operators or Airlines. Although your holiday price is correct at the time of your inquiry or booking, any taxes, levies or airport charges may change at any time at the discretion of the airline, government body or authority. For this reason the changes in these fees can be collected at any time up until date of departure.
- Operators, hotels, suppliers, ground handlers, charter boats or any service provider that reneges or fails to offer the service it has promised and/or been paid for ( deposit or in full) (by us on your behalf) either in part or in total. Whether due to such service provider having been destroyed, liquidated, closed, or for what so ever reason, not being able to or wanting to supply such service.
THE INCENTIVE SHACK (PTY) LTD has the right to amend prices prior to departure should there be any fluctuations in currency, increases in fuel costs, airfares, ground operator services or variation in group size.
Quotes are valid for 24 hours and are subject to increase or decrease.
A signed copy of the booking form is to be completed, with passport details and must be received by THE INCENTIVE SHACK (PTY) LTD, travel documents will not be released without this.
THE INCENTIVE SHACK (PTY) LTD or Tour Operator or Airline have the right to cancel or alter any itinerary without notice by using their discretion relating to climatic conditions, sea or other conditions not suitable for the tour.
Any additional personal expenses incurred as a result of delay including delay from mechanical breakdown will be the responsibility of the passenger.
Costs not including in tour price: excess baggage; personal spending money; airport departure taxes (unless specified in your itinerary); passport and inoculation costs; meals and beverages (other then those specified).
It is the client’s responsibility to check all documentation, tickets, vouchers and visas on the date received. THE INCENTIVE SHACK (PTY) LTD will not be held liable for any misprints or mistakes.
THE INCENTIVE SHACK (PTY) LTD STANDARD TERMS AND CONDITIONS
Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and THE INCENTIVE SHACK (PTY) LTD for all and any booking or service provided.
Third Party Service Providers
THE INCENTIVE SHACK (PTY) LTD provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (collectively referred to as ‘the Principal’).
The Incentive Shack (Pty) Ltd represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), will 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. The Incentive Shack (Pty) Ltd will provide the identity, terms and conditions of all the Principals if so requested by the Client relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
You acknowledge that you have selected the itinerary and destination(s) constituting the booking based on information gleaned from brochures and/or the Internet. You also acknowledge that the brochures and/or the Internet have been compiled and are managed and up-dated by the Principal over which THE INCENTIVE SHACK (PTY) LTD has no control. Accordingly THE INCENTIVE SHACK (PTY) LTD cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with the brochure and/or the Internet.
Any right of recourse in that regard will be against the Third Party Service Providers. EG: The Weather, or Hotel/ charter is not as advertised or expected.
While it is possible to break away from the itinerary, it is understood that such breakaways will be for your account.
You agree that you will at all times comply with THE INCENTIVE SHACK (PTY) LTD or the Third Party Service Provider’s requirements in regard to your conduct and you will not in any way constitute a nuisance or a danger to any other passenger on the trip.
If you have special requests you must address such requests to THE INCENTIVE SHACK (PTY) LTD in writing well before the departure date. Whilst THE INCENTIVE SHACK (PTY) will use its best endeavours to accommodate such requests, it does not guarantee that it will.
The Proposed Travel Arrangements are made on the express condition that The Incentive Shack (Pty) Ltd, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience 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. The Client indemnifies and holds harmless The Incentive Shack (Pty) Ltd, its employees and agents accordingly. The Incentive Shack (Pty) Ltd, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Bookings, Change of Arrangements, Routes and Prices
“The booking” or “the reservation” refer to part, or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a client with Third Party Service Providers, and excludes services of a peripheral nature. Any booking made by THE INCENTIVE SHACK (PTY) LTD constitutes a form of contract between you and the Third Party Service Providers and is consequently subject to the terms and conditions of THE INCENTIVE SHACK (PTY) LTD and such Third Party Service Providers’ conditions of agreement of business.
For example…………………………If you book Charter through The Incentive Shack (Pty) Ltd, on a third parties Charter Boat, you are accepting all booking conditions and Terms and conditions of that Charter Operator and company, as well as these of THE INCENTIVE SHACK (PTY) LTD . * it is your responsibility to request any or each principals Terms and Conditions before your trip.
Wherever possible, THE INCENTIVE SHACK (PTY) LTD will endeavor to confirm the status of any booking in writing, but we may not always be able to do so. In such cases, failure to provide written confirmation shall not be considered to negate the validity and conditions of the booking or to constitute an act of negligence on behalf of THE INCENTIVE SHACK (PTY) LTD
In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of THE INCENTIVE SHACK (PTY) LTD, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc) will be for your account.
Deposits and Payments
Any booking made by THE INCENTIVE SHACK (PTY) LTD on your behalf, constitutes a form of contract between you and the Third Party Service Providers. Should these Third party providers renege or deliver substandard service, this matter will be between the third party operator and the client/ you.
THE INCENTIVE SHACK (PTY) LTD will assist to claim any refunds, loses and claims that the clients may have. In no way may THE INCENTIVE SHACK (PTY) LTD be held liable for any claim or cost.
Deposits and /or full payments paid over to the Third party, on clients behalf, by The Incentive Shack (Pty) Ltd , constitutes a contract between you/client and the third party. Should the third party liquidate, close, not deliver on the contracted agreement, THE INCENTIVE SHACK (PTY) LTD will endeavor to assist the Client/ you claim this money back , or assist to claim a similar replacement service. THE INCENTIVE SHACK (PTY) LTD may in no way be held liable should this money, payment or service not be carried out by the third party due to above circumstances or any other.
THE INCENTIVE SHACK (PTY) LTD reserves the right to cancel any booking without prejudice, in the event of full payment or a deposit or part thereof not being received.
The price quoted to you is based on fares, hotel prices, land costs and other relevant costs ruling at the date of THE INCENTIVE SHACK (PTY) LTD quote.
Documents will not be issued until such time that full payment is cleared by THE INCENTIVE SHACK (PTY) LTD bankers.
Methods of Payment
- Direct deposit – cash only (deposit slips must be faxed or e-mailed to THE INCENTIVE SHACK (PTY) LTD )
- Electronic funds transfer (proof of payment must to be e-mailed to THE INCENTIVE SHACK (PTY) LTD )
Documentation will only be issued once all funds have been cleared by THE INCENTIVE SHACK (PTY) LTD Surf Travel bankers.
THE INCENTIVE SHACK (PTY) LTD will take out travel insurance and the full details will be provided prior to departure however it is strongly advised that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that is not an exhaustive list).
Insurance can only be purchased prior to departure. Insurance and options should be discussed with your consultant.
THE INCENTIVE SHACK (PTY) LTD will endeavour to assist you in obtaining or meeting the requirements for passports, visas, health documents, insurance, foreign exchange, Reserve and other bank approvals, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with principals and other parties for whom THE INCENTIVE SHACK (PTY) LTD Surf Travel act as agents and referred to as “the booking” or “the reservation”, but due to the constant changing nature of such peripheral requirements and services, THE INCENTIVE SHACK (PTY) LTD cannot be held liable for ensuring that these requirements and services are provided correctly or timeously or at all, nor the accuracy of any information or any lack of information relating to such requirements and/or services.
If you wish to cancel your booking you must advise The Incentive Shack (Pty) Ltd immediately. You will be liable to pay the following cancellation charges:
- Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances this may be 100% of the total fare, regardless of when cancellation is effected.
- Where your booking is for a package, you will be responsible for all cancellation charges, of whatsoever nature, imposed by the suppliers providing the component parts of such travel arrangements.
- A cancellation fee of equal to 10% of the package price on any finalized booking may be charged.
- However, The Incentive Shack (Pty) Ltd reserves the right to charge a cancellation fee of up to 100% of the total package, in its sole discretion, in particular circumstances. Any monies, which you have already paid to us, will be taken by us as payment or part payment of any cancellation charges.
Verification of Travelers’ Names and Travel Details
It is important that you provide THE INCENTIVE SHACK (PTY) LTD with the travelers’ names as per the travelers’ passports. Failure to do so could result in denied boarding or deportation.
Please confirm that all of the travel arrangements, itinerary details and documents are correct.
Once documents have been issued changes could incur financial penalties imposed by the service provider(s) and these will be payable by you.
Passports, Visas & Health – It is entirely your duty to ensure that all passports and visas are current, valid, obtained on time and will be valid for six months to one year after your return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with THE INCENTIVE SHACK (PTY) LTD before travelling.
THE INCENTIVE SHACK (PTY) LTD will endeavour to assist you but such assistance will be at THE INCENTIVE SHACK (PTY) LTD discretion and you acknowledge that in doing so, THE INCENTIVE SHACK (PTY) LTD is not assuming any obligation or liability and you indemnify THE INCENTIVE SHACK (PTY) LTD against any consequences of non-compliance.
It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical condition required for your proposed travel arrangements.
The client must ensure that the details supplied to THE INCENTIVE SHACK (PTY) LTD mirror those details shown on their passport for international travel and ID documents for local travel.
THE INCENTIVE SHACK (PTY) LTD cannot be held responsible for:
Denial of your visa application for any reason;
Delay of issuance of your visa by the consulate;
Please note that a visa does not guarantee entry to any given country at point of entry.
Airline tickets presented for refund are subject to delays of approximately 8 weeks but could take longer. THE INCENTIVE SHACK (PTY) LTD is unable to refund monies before receipt of funds from the relevant Third Party Service Providers. All refunds are subject to a 10% administration fee, which is calculated on the value of the ticket submitted for refund or the amount of the refund claimed, whichever is the larger amount. This fee is over and above any cancellation fee which may be charged by the Third Party Service Provider to whom the refund is submitted.
Refunds by the Third Party Service Provider will be subject to their terms and conditions.
It is your responsibility to ensure that you have the necessary foreign currency prior to travel
Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions, the need for constant maintenance, and the ability of passengers to check-in on time. There is no guarantee that flights, ferries, ships, trains or coaches will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations.
You must be ready to show your identity document and that of each member of your party and possibly your credit card at the check-in counter of the airline concerned.
Airlines reserve the right to withdraw airfares without notice. We cannot guarantee airfares and airport taxes until paid in full and the air tickets have been issued. Certain destinations may also require a departure tax which is payable locally upon departure. These are not included in the pricing quoted. Prices are subject to change without notice until payment has been received in full, whether a reservation has been made or not. By accepting this confirmation and offering payment therefore it will be deemed that you have read, understood and accept our terms and conditions.
THE INCENTIVE SHACK (PTY) LTD may make future changes, deletions or modifications to such terms and conditions, information, graphics, products, features, functionality, services, and links at any time without notice and your subsequent viewing or use of this website will constitute your agreement to the changes, deletions and modifications.
This document reflects the only and full agreement between you and THE INCENTIVE SHACK (PTY) LTD and 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 you acknowledge that you have not relied on any matter or thing stated on behalf of THE INCENTIVE SHACK (PTY) LTD or otherwise that is not included herein.
No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by THE INCENTIVE SHACK (PTY) LTD, this document will always have preference.
You will be liable for all legal fees on an attorney and own client scale in the event that THE INCENTIVE SHACK (PTY) LTD has to engage a lawyer to enforce or defend any of its rights or otherwise.
In the event that you have any reason to complain, or experience any problems with your holiday whilst away, you must immediately inform The Incentive Shack (Pty) Ltd Tour Leader. Any verbal notification must be put in writing and given to The Incentive Shack (Pty) Ltd as soon as possible.
Whilst every effort will be made by THE INCENTIVE SHACK (PTY) LTD to resolve your complaint to your satisfaction it is specifically recorded that THE INCENTIVE SHACK (PTY) LTD in no way accepts liability for any claim that you may have in respect of your complaint.
Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, certain countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline or your consultant when you reconfirm your flight details.
Renovations: Please be aware that hotels undergo renovations from time to time. Hotels take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work, dates may be provided, but it is important to remember that these are subject to change and we are not always notified.
The person requesting the quotations or estimates or making the booking or to whom any service is rendered, is deemed to have read and accepted the Conditions. This person is also deemed to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered.