SCINTILLA BOOKING TERMS AND CONDITIONS
In these Terms, the following words have the following meanings:
“Scintilla” means Scintilla, a division of New Frontiers Tours (Pty) Ltd (registration no: 2011/13114/07), a South African company with its primary place of business at 1 on Langford, 1 Langford Road, Westville, Durban, South Africa;
“Service Providers” means hotels, lodges, transfer agents, and any other service providers with which Scintilla makes bookings for use by Travellers;
“Services” means compiling itineraries, making bookings with Service Providers, and responding to any queries from Travellers while they are in Southern Africa. For the sake of clarity, it is the Service Providers (rather than Scintilla itself) that actually deliver the various elements of the travel arrangements, such as accommodation or transfer services;
“Terms” means these written booking terms and conditions;
“Travellers” or “you” means the person making any enquiry or booking with Scintilla, and all persons included in the arrangements contemplated in any such enquiry or booking.
Certain of these Terms have been underlined in order to bring them to your attention, because they may:
- limit the risk or liability of Scintilla or any other third party;
- create a risk or liability for you;
- compel you to indemnify Scintilla or any other third party; and/or
- serve as an acknowledgement of a fact by you.
APPLICATION OF TERMS
These Terms will apply to all enquiries made, advice, quotations or estimates given and/or all Services provided by Scintilla.
The Traveller signing a booking form with Scintilla shall bring these Terms to the attention of each other Traveller.
If any of these Terms are not understood or are not accepted for any reason, you must notify Scintilla in writing prior to requesting Scintilla to provide any Services.
ENQUIRES AND QUOTATIONS
Upon receiving an enquiry in respect of any travel arrangements, Scintilla will compile an itinerary and provide a quotation in writing. The quotation is subject to amendment should:
- travel dates change;
- the itinerary change;
- any aspect of the arrangements no longer be available at time of booking;
- rates be quoted based on estimated rates, should your travel dates fall beyond a season that has been contracted with a Service Provider;
- there be a change in government imposed taxes, tourism levies, hotel charges, fuel prices or air fares;
- there be any government action which causes an increase in prices;
- a national, regional or local tax or levy of whatever nature be introduced.
The circumstances referred to in paragraphs 4.2.5, 4.2.6 and 4.2.7 will result in an increase of the amount payable in respect of a booking, even after confirmation. Any changes you make to your itinerary after confirmation, may also result in an additional amount payable.
Should a Traveller have any special requests that are to be taken into account, such as celebrating a special occasion, diet, medical, room configuration or room location, these must be timeously relayed to Scintilla in writing. Scintilla will endeavour to accommodate such requests, but cannot guarantee that this will always be possible.
Accommodation can be held on a provisional basis for a maximum of 14 days from quotation.
If you confirm a quotation in writing, Scintilla will make the bookings with the various Service Providers in Scintilla’s name.
Every effort is made by Scintilla to adhere to confirmed itineraries, however, Scintilla reserves the right to make changes to travel arrangements should conditions in Scintilla’s opinion necessitate a change to be made. If this should be the case substitutes of equal or higher standard and value will be offered.
In the event of any emergency or disruption to your itinerary, you are to immediately contact Scintilla’s 24/7 emergency support service using the telephone number or e-mail address set out in your itinerary.
DEPOSITS AND PAYMENT
A 25% deposit is required within seven days of confirmation of your booking. Your booking will remain on a provisional basis until such deposit has been receipted. Full balance is payable 60 days prior to travel.
Failure to settle your booking in full at least 60 days prior to travel will result in cancellation of your booking and forfeiture of the deposit.
Any flights booked on your behalf will require full payment at time of confirmation and will be subject to individual airline booking rules.
You will receive your invoice in ZAR (South African Rand), for any arrangements booked within South Africa.
For any arrangements booked outside of South Africa (Botswana, Mozambique, Namibia, Zambia and Zimbabwe), you will receive a separate invoice in USD (United States Dollars).
Payments can be made by EFT into the following bank accounts (with payments to be made into the correct currency account):
The banking details for South African Rand are:
Account name: Scintilla – a division of New Frontiers Tours (Pty) Ltd
Bank name: First National Bank (a division of FirstRand Bank Limited)
Branch number: 255005
Account number: 62933875702
Swift code: FIRNZAJJ
The banking details for United States Dollar are:
Account name: Scintilla – a division of New Frontiers Tours (Pty) Ltd
Bank name: Bidvest Bank
Branch number: 462005
Account number: 31400008417
Swift code: BIDBZAJJ
Alternatively, you can settle any invoices by credit card through a secure Paygate link for any ZAR amounts or Paygenius for any USD amounts. Scintilla will not charge any additional fees to process VISA or MasterCard credit card payments. Payments made with an American Express credit card will incur a surcharge of 3% per transaction.
If you cancel your booking for any reason the following cancellation charges shall apply:
- the 25% deposit shall be forfeited if you cancel more than 60 days prior to travel.
- 50% of the full quoted amount, if you cancel within 31 – 59 days prior to travel; or
- 100% of the full quoted amount, if you cancel 30 days or less prior to travel.
Cancellations are only valid if received by Scintilla in writing, and any cancellation charges will be calculated with reference to the date on which the cancellation notice was received by Scintilla.
The provisions of this paragraph 6 apply, without limitation, to any cancellations in any connection with the Covid-19 pandemic or any restrictions related to such pandemic.
VISAS AND TRAVEL DOCUMENTATION
It is your responsibility to:
- check whether you require a visa for any travel;
- ensure that you have all relevant health documentation, including vaccination certificates or negative Covid-19 test certificates, before you travel;
- if you are travelling with children, check whether you need any additional documentation such as an affidavit or unabridged birth certificate; and
- understand the entry requirements for return to your own country (including any country of transit).
Without any limitation on the responsibilities referred to in paragraph 7.1, it is recommended to have two blank pages in your passport for immigration endorsements, and that your passport expiration date exceeds six months prior to date of travel.
The Protection of Personal Information Act, 2013 gives effect to: a person’s right to privacy, including the right to data privacy, and in accordance with this objective, prescribes a series of conditions which must be met when personal information is processed, and which conditions establish the minimum requirements for the processing of personal information. As such Scintilla undertakes to process your personal information for the sole purposes of honouring your booking obligations. Scintilla will aim to keep this confidential, safe and secure from misuse or abuse and will notify you immediately should any security breach occur. For our full data policy please refer to: https://www.bidvest.co.za/data-protection.php.
It is your responsibility to ensure that adequate cover is taken in the event of any medical emergencies or curtailment/disruption or cancellation of your travel arrangements, due to Covid-19 or otherwise. This insurance should include cover in respect of, but not limited to, the following eventualities: claims against Service Providers, cancellation or curtailment of a trip, emergency medical evacuation expenses, medical expenses, repatriation expenses, damage/theft/loss of personal baggage, money and goods.
If there is any unscheduled extension to travel arrangements, due to flight delays, bad weather, strikes or any other cause, the resulting expenses will be for your account.
Scintilla will in its sole discretion select the Service Providers to be utilised for any particular travel arrangements.
Although Scintilla vets and selects the Service Providers with care, Scintilla will not be liable for any injury, death or claim of whatsoever nature (including but not limited to damages, loss, interest, costs or expenses), which you as a Traveller may have as a result of any act or omission of a Service Provider.
If you have any issues with the services provided by a Service Provider, raising these immediately (whether directly with the Service Provider or through Scintilla) is more likely to facilitate a satisfactory resolution. If you provide Scintilla with a reasonable basis to do so, Scintilla will also attempt to broker a settlement of any claims that you may have against a Service Provider, or to negotiate favourable terms for a postponement to your travel plans in the event you are unable to travel. Scintilla cannot guarantee that any such negotiations will be successful.
Each booking is subject to the relevant Service Providers’ standard terms and conditions, which are binding on all Travellers, provided that these Terms will prevail to the extent of any conflict.
LIMITATION OF SCINTILLA’S LIABILITY
Scintilla has general public liability and professional indemnity insurance.
Scintilla’s liability for any claim of whatsoever nature (including but not limited to damages, loss, interest, costs or expenses), arising out of the provision of the Services by Scintilla, will not exceed the amount actually recoverable by Scintilla under its insurance policies in respect of such claim.
Other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction, any dispute, controversy or claim which arises between us will be submitted to and decided by arbitration in accordance with this paragraph 13, provided that Scintilla reserves the right to institute court proceedings for the collection of any amounts invoiced to you.
The seat of the arbitration will be South Africa and the geographic location of the arbitration hearings will be Durban, South Africa.
The arbitration will be subject to the applicable arbitration legislation for the time being in force in South Africa, but applying the Arbitration Foundation of Southern Africa’s (“AFSA”) Rules for Expedited Arbitration in effect at the date of commencement of the arbitral proceedings. If any provision of this paragraph 13 is inconsistent with those rules, the provisions of this paragraph 13 will prevail. The arbitration will be administered by AFSA.
The arbitrator will be an impartial practising advocate of at least 15 years’ standing agreed upon in writing between you and Scintilla or, failing such agreement, nominated and appointed by AFSA. If AFSA fails or refuses to do so, you or Scintilla may approach the High Court of South Africa to appoint the arbitrator. To the extent necessary, the court is expressly empowered to do so.
You or Scintilla will be entitled to have any arbitration award made an order of any court of competent jurisdiction.
The language to be used in the arbitral proceedings will be English.
The evidence in the arbitration proceedings and any order made by the arbitrator will be kept confidential.
There will be no right of appeal against the arbitrator’s award.
This paragraph 13 will remain in effect even if your relationship with Scintilla is terminated for any reason, and it will also be severable from the rest of these Terms and remain in effect notwithstanding that the remainder of these Terms may be void or voidable.
Our relationship will be governed by South African law.
CONSENT TO JURISDICTION
You consent to the non-exclusive jurisdiction of the KwaZulu-Natal High Court, Durban, South Africa (or any successor to that court), and waive any objection that such proceedings have been brought in an inconvenient forum for the purposes of any:
interdict or urgent action or proceeding;
court proceedings for the collection of any amount invoiced by Scintilla, which Scintilla might institute.
Such consent to jurisdiction will not prejudice Scintilla’s right to bring proceedings against you in any other jurisdiction which Scintilla considers appropriate.
ADDRESS FOR SERVICE
Your address for the service of notices and legal process will be the last physical address which you furnished to Scintilla.
These Terms (together with all written enquiries, advice, quotations or estimates) constitute the whole agreement between you and Scintilla relating to the subject matter hereof and supersede any other discussions, agreements and/or understandings.
To the extent permissible by law Scintilla will not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in these Terms, whether it induced any agreement or whether it was negligent or not.
If any provision of these Terms is or becomes unenforceable, such provision shall be ineffective to the extent of such unenforceability and shall be severed from these Terms without invalidating the remainder of these Terms.