Terms and conditions
All consultations and transactions concluded are subject to the standard terms and conditions of Golf in Heaven as set out herein.
1.1 “The Company” shall mean Golf in Heaven, and/or anyone acting for or on behalf of the Company, provided such person has been duly authorized and is acting within his or her scope of duty.
1.2 “The Client” shall mean the person who applies (directly or indirectly) to the Company for the Company’s services. The aforesaid will include but is not limited to a person who applies for his own use or benefit or that of any other person and whether applying as principal, agent or sub-Contractor. The Client shall include any other person on behalf of the Client or whom the Client, represents and includes the Client in the Company’s Application to do Business.
1.3 “The Conditions” shall mean these terms and conditions and those of the Company, where applicable;
1.4 “The Traveller” shall mean any person (whether or not such person is the Client) who utilizes or obtains any benefit from the Services of the Company. The Traveller shall include a potential Traveller.
1.5 “The Services” shall mean any golf, accommodation, travel or other service facility, product or matter incidental thereto of whatsoever nature arranged or to be arranged by the Company (whether directly or indirectly) to or for the Client or the Traveller. The aforesaid shall include inter alia but not be limited to the providing of advice or information, the booking of reservations for golf or accommodation, transport or the like or other travel contracts. Or ancillary to the services of facilities requested, or anything else associated with or related to the booking.
2. The Company in its sole, absolute and unfettered discretion may perform all or any of the Services, either personally or through an agent. If any other person performs or renders the Services the terms and conditions of the Company will nevertheless bind the Traveller mutatis mutandis including any terms and conditions of any agent or any such third party.
3. The Client and the Traveller specifically, irrevocably and unconditionally acknowledge and record that all or any Services rendered are subject to the Conditions and that the Company would not have contracted with the Client and/or Traveller if the Conditions were not binding on the Client and/or Traveller.
4. The Client and/or the Traveller acknowledge and record that they are aware that the Company in providing certain Services is acting as an appointed intermediary for and on behalf of Agents. The Company represents the Agents as an intermediary only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client and/or the Traveller may suffer as a result of any act or omission on the part of or the failure of the Agent to fulfil their obligations, whether in relation to golf, travel arrangements, accommodation or otherwise.
5. The Company shall not be bound by any promises, undertakings, warranties, representations advices, recommendations, opinions or the like (whether express, implied, tacit by conduct or otherwise) unless same are specifically recorded in the Conditions. The aforesaid shall apply inter alia to the Services or anything else having any reference or regard thereto.
6. The Client agrees and undertakes and shall be obliged to ensure that the Conditions are brought to the attention of and rendered binding on the Traveller. In any event and without derogating from the aforesaid, the Client warrants and represents that it is authorised and entitled to enter into this Contract on behalf of the Traveller. By signing this Contract the Client also binds the Traveller to the Conditions.
7. The Services are provided on the express condition that the Company, 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 or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client and/or the Traveller), their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Company whatsoever, unless such claim is due to the gross negligence of the Company and such claim is lodged in writing with the Company within 30 (thirty) days after the end of the Services.
8. The Client indemnifies and holds harmless the Company, its employees and agents accordingly.
9. The Company, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
10. Payments for Services rendered or to be rendered by the Company, including payment for air tickets or other payments or for Services, will be paid by the Client to the Company on demand, unless other specific terms for payment have been agreed to by the company in writing.
10.1 Terms of payment will apply irrespective of whether or not the Services and/or arrangements undertaken on behalf of the Client are used by the Traveller;
10.2 All amounts payable shall be effected in the currency of the Republic of South Africa without deduction or set-off and payments shall not be withheld or deferred inter alia on account of any claim or counter-claim which the Client or Traveller may have;
10.3 If payment is not received by the Company on due date, or the Client or Traveller is in breach, commits an act of insolvency, is placed in liquidation or is sequestrated, the full balance owed by the Client or Traveller shall immediately become due and payable and the Company shall be entitled without prejudice to any other rights or remedies available to it, to claim interest on such arrears at the rate of 2.5 % (two point five percent) above the prime overdraft rate charged by the Company’s bankers for overdraft facilities from time to time from the date the Services were provided;
10.4 The Company in its sole and absolute discretion shall be entitled at any stage to claim payment on demand of any amounts due to the Company and such amounts shall become due and payable immediately;
10.5 Documents such as tickets, vouchers and itineraries will not be released until payment in full has been received by the Company. Upon receipt of your golf bookings, accommodation reservations, travel documents, PLEASE CHECK that ALL the details therein are correct.
11. All Services are subject to increases by the respective Agents, to exchange rate fluctuations and to any taxes imposed within the Republic of South Africa or by any foreign authority governing any respective foreign destination. This may apply even where such services have been paid for in full before any increase; rate changes or legislation becomes effective if they apply retrospectively. The Client will remain responsible for all disbursements already made, or committed to be undertaken, on its behalf by the Company.
12. No refunds or credits will be allowed for any unused/cancelled or partial cancelled bookings made that have been published in the Client’s itinerary, and the Client will remain responsible for any cancellation fees, that may be levied.
13. The Client and the Traveller will be liable jointly and severally in solidum the one paying the other to be absolved, for payment of all amounts due to the Company or fulfilment of any obligations arising out of or pursuant to this Contract.
14. No waiver or condonation by the Company of any breach, failure or default in the performance by the Client or the Traveller, and no failure, refusal or neglect of the Company to exercise any rights hereunder or to insist upon strict compliance with or performance of the Client and/or the Traveller’s obligations under this agreement, or any other indulgence allowed or shown by the Company to the Client or the Traveller; shall constitute a waiver, variation or novation of any of the provisions of this Contract or a waiver by the Company of its rights at any time, or operate as an estoppel or create an estoppel against the Company.
15. No variation or alteration of these terms and conditions shall be binding on the Company unless reduced to writing and duly signed by a duly authorised director of the Company.
16. This Contract constitutes the entire Contract between the parties and no warranties, promises, representations, undertakings or the like shall be of any force and effect save insofar as same are repeated and recorded herein or in a separate written Contract by the Company.
17. The Client and the Traveller agree to the jurisdiction of the Magistrate’s Court, notwithstanding that the amount in dispute is otherwise beyond the jurisdiction of that court. The Company will have the option to either to proceed in the Magistrate’s Court or any other court which may have jurisdiction. The Applicant and Client agree to pay the Company all legal costs on an attorney and own client scale, collection charges and tracing fees which may be incurred by the Company in connection with the recovery of any amounts payable or the enforcement of any rights.
18. INSURANCE - It is strongly advised that all Clients take out adequate insurance cover 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 this is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason; the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer.
19. LATE BOOKING & AMENDMENT FEES - A late booking fee per booking may be charged in respect of bookings received within 4 working days prior to the departure date. This charge is levied to cover communication expenses involved. An amendment fee per booking may be levied for any changes to the confirmed itinerary.
20. FORCE MAJEURE – The Company shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Company.
Golf in Heaven must receive written notification of cancellation as soon as possible after initial telephonic notification.
- Outside of 90 days before arrival date — R500-00 per person
- 60 – 90 days prior to arrival date — 25% of total package
- 21-59 days prior to arrival date — 75% of total package
- Within 21 days of arrival date — 100% of total package plus any non-refundable deposits made on the client’s behalf.
If Golf in Heaven cancels a trip, all deposits and payments are refunded in full. There will be no refunds for unused or partially used portions of a booked itinerary due to flight delays, schedule changes or any other reason.