Things to know

Disclaimer

Special requirements

Nine Yards Travel requires that the client advise, in writing, of any special requests, needs or facilities that may be required due to medical needs, requirements relating to disabilities, special dietary requirements and refrigeration for the storage of insulin or other medically prescribed drugs, and any other requirement incidental thereto. In the case of costs with complying with such requests, needs or facilities, these costs shall be borne by the client and will be payable on demand. Unless proven to be gross negligence or wilful misconduct, if for any reason such requests are not met, the client shall have no claim against Nine Yards Travel for any damages suffered.

Right of retention

Until such time as Nine Yards Travel has received payment in full for the services set out in the confirmed booking reservation, including but without limiting the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and transportation (referred to as ‘the documents’) will not be issued or handed over to the client. The provisions of this clause shall entitle Nine Yards Travel to have rights of retention in respect of the documents.

Peripheral travel requirements

Nine Yards Travel will endeavour to assist you in obtaining or meeting the requirements for passports, visas, health documents, insurance, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with the suppliers and referred to as “the booking” or “the reservation”, Notwithstanding the aforementioned, due to the constant changing nature of such peripheral requirements and services, Nine Yards Travel will not be liable for ensuring that these requirements and services are provided correctly, promptly or at all, nor the accuracy of any information or any lack of information relating to such requirements and/or services.

Passenger responsibility

All instructions from Nine Yards Travel representatives must be complied with at all times. No client shall be accepted or permitted to continue on a tour if their mental or physical condition is, in the opinion of the representative, such as to render them incapable of caring for themselves, makes them objectionable to other clients or becomes a hazard to themselves or other clients. Nine Yards Travel will not be responsible for expenses for such persons precluded from completing the tour for these reasons.

Passengers may not carry any unlawful articles or substances whilst travelling in the Southern African region. If any passenger contravenes the laws of the relevant country, Nine Yards Travel will be entitled to immediately exclude the offender from the tour who will then be responsible for their own repatriation and all costs thereof. The operator will under no circumstances assist any such offender in any dealings or negotiations with the relevant authorities.

Passengers must ensure that they reconfirm their international flights directly with the airline concerned at least 72 hours prior to the departure of each flight.

Assumption of responsibility

Nine Yards Travel, and/or its agents, act only as agents for the client in all matters pertaining to travel.  They assume no responsibility nor liability in connection with the service of any train, vessel, carriage, aircraft, motor or other conveyances which may be used, either wholly or in part, in the performance of its duty to the passenger; neither will it be responsible for any act, error, or omission, or any injury, loss, accident, delay or irregularity which may be occasioned by reason of any defect in any vehicle or through the neglect or default of any company or person engaged in conveying the passenger; or for any hotel proprietor, or hotel service, or for any other person engaged in carrying out the purpose for which tickets or coupons are issued.  In the event that it becomes necessary or advisable for the comfort or well-being of the passengers, or for any reason whatsoever, to alter the itinerary or arrangements, such alterations may be made without penalty to the operators.  Additional expenses, if any, shall be borne by the passengers, and conversely a refund will be made to the passengers if any saving is effected thereby.  The Airlines concerned are not to be held responsible for any act, omission, or event, during the time passengers are not on board their planes or conveyance.  The passage contract in use by the Airlines concerned, when issued, shall constitute the sole contract between the Airlines and the purchaser of these tours and/or passenger.  The right is reserved to withdraw any or all tours should condition warrant, also to decline to accept or retain any passengers as members of the tours.

Nine Yards Travel, and/or its agents can assume no responsibility for lost tickets, vouchers, or coupons.

Interpretation, law applicable and jurisdiction

Words implying the singular shall include the plural and vice versa. Words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa.

The laws of the Republic of South Africa govern this agreement and you hereby submit to the non-exclusive jurisdiction of the South African Courts.

The parties agree that save to the extent stated in this Agreement, no conditions, warranties or representation, whether oral or written and whether express or implied whether by statute or otherwise, shall apply hereto

No indulgence, leniency, or extension of time which Nine Yards Travel may grant or show to you shall in any way prejudice Nine Yards Travel or preclude Nine Yards Travel from exercising any of its rights against you in the future

The Parties hereby consent to the jurisdiction of the appropriate Magistrate’s Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business.

This document reflects the only and full agreement between you and Nine Yards Travel and any variation and/or extension thereof shall not 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 Nine Yards Travel, this document will always have preference.