In using this website you are deemed to have read and agreed to the following terms and conditions:
The Website is owned and operated Marula Luxury Escapes (Pty) Ltd. On this site, you will find content pertaining to Marula Escapes, our qualified third party providers as well as our clients.
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Marula Escapes. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing South African Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Marula Escapes provides an online platform through which travel & leisure services such as hotels, lodges, villas, restaurants, spas, golf courses, wine estates and tours may be advertised through the Marula Escapes website. By making a reservation through MarulaEscapes.com, you enter into a direct (legally binding) contractual relationship with the service provider at which you make your reservation. From the point at which you make your reservation, we act solely as an intermediary between you and the end service, transmitting the details of your reservation to the relevant provider and sending you a confirmation email for and on behalf of your selected service and its corresponding provider.
When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
In accordance with The Protection of Personal Information Act of article 14 of the South African constitution, any information concerning the Client and their respective Client Records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, provided that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Marula Escapes will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Marula Escapes:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
All major Credit/Debit Cards are all acceptable methods of payment and are processed through a trusted third party payment processor. These are charged for the booking deposit to guarantee your reservation through Marula Escapes
For reservations made under special conditions, non-refundable rates & special offer, accommodation providers may require upfront payment of booking outstanding balance as indicated in the reservation confirmation email. Please check the room details carefully for the above-mentioned conditions as the hotel may pre-authorise or charge your credit card prior to arrival for such reservations.
Each of our accommodation provider have their own, applicable cancellation policies that are communicated on our website, accommodation information page and reservation confirmation emails. These must be respected at all times and failure to cancel, change or modify your reservation prior to the respective policy coming in to effect, you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees.
Please note that some there exist some special rates which do not permit any cancellations or changes to the reservation once confirmed. Prior to making any modifications to your reservation, please verify your booking policy with regards to cancellations and modifications.
Late payment, incorrect and invalid credit / debit card details or insufficient funds are at your own risk and you will not receive refunds for any non-refundable prepaid amounts, unless the accommodation provider exceptionally agrees to do so.
The hotel reserves the right to cancel any booking for which outstanding payment is not able to be charged in accordance to booking terms and payment period defined.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website, Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in South Africa, Number 2014/077104/07, registered office 957 12th Avenue, 001 Nyna Bo, Wonderboom South – Gauteng 0084.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of South Africa govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Marula Luxury Escapes 2015 All Rights Reserved
Any personal information provided to or gathered by Marula Escapes is controlled by Marula Escapes (Pty) Limited, whose registered office is 957 12th Ave, 001 Bynanbo, Wonderboom South – Gauteng South Africa.
Personal information Marula Escapes collects
The information we collect helps us to continually improve your experience with Marula Escapes. This personal information may include – your name and contact information; ID/passport number; preferred communication methods; credit card details; preferences for your stay and the names of your accompanying guests.
When you use the ww.marulaescapes.com website (our “Site”) or contact us by post, telephone, fax, email, SMS or BBM, we collect, store and use certain personal information that you disclose to us. This includes details such as your name, address, telephone, fax, email and mobile phone number as well as traffic data, location data, web logs and other communication data.
Marula Escapes and the disclosure of information it receives
Given the nature of our operation as an online travel agency, we need to transfer relevant reservation details to the accommodation you have booked. This may include information such as your name, your contact details, your payment details, the names of guests travelling with you and any preferences you specified when making a booking.
We also use your details to send you newsletters and promotions, and to conduct online surveys or surveys by telephone; prize draws; competitions and other promotions via email, telephone or post. To help personalise your online experience with us and continually improve our site.
How your information is protected
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will not be kept on file for more than 60 days.
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Marula Escapes and your social media interactions
We use social media to promote our accommodation partners’ properties and to promote, improve and facilitate our own services. We have integrated social media plugins into the Marula Escapes website, enabling the sharing of online content through your social media account, information is shared with your social media provider, and possibly presented on your social media profile to be shared with others in your network.
In addition to implementing these buttons, Marula Escapes uses social media by maintaining accounts on several social media sites and by offering social apps. These social media services may allow you to share information with Marula Escapes. When you register with a social media app, you will be told which information will be shared with Marula Escapes. The information you choose to share with us may include the basic information that’s available in your social media profile, email address, status updates and your list of friends. This information is necessary to create a unique user experience either in the app itself or on our websites. It facilitates such things as personalising our website to suit your needs, connecting you with your friends on travel destinations and analysing and enhancing our travel-related services.
We may also enable you to sign in to Marula Escapes services with your social media accounts. Your social media provider will be able to tell you more about how they use and process your data in such cases.
Third party links
We are not responsible for the privacy policies or practices of external websites even if the link has been provided on our own website. We strongly recommend that you carefully check the policy of each website you visit and contact its owner or operator if you have any concerns or questions.
Additionally, we cannot be held responsible for the privacy policies and practices of third party sites that you lead you to the Marula Escapes site. We recommend that you carefully consider the policy of the third-party site and contact its owner or operator if you have any concerns or questions.
Marula Escapes does not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.
Notices and Revisions
Bookings, save for late bookings as referred to hereunder, are confirmed on the condition that a non-refundable deposit, of a minimum of 25% of the total land price together with full payment in respect of the airfare, is paid to Marula Escapes within 72 hours of confirmation of your bookings. Please note in respect of domestic bookings payment of the airfare must be made within 24 hours of confirmation of your booking failing which the airline shall automatically cancel such booking. You will be advised at the time of booking what payment is required for your particular arrangements. The balance of the cost of your travel arrangements must be paid no less than six weeks prior to departure. If your booking is made within 6 weeks of departure, the total cost of your travel arrangements must be paid at the time of booking. Please note: FAILURE TO PAY ON TIME WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR BOOKING
2) Late Booking Fee & Communication Expenses (Telephone Calls)
In the event of a booking (except South Africa bookings) being made less than 7 days prior to the date of departure, Marula Escapes reserves the right to charge for any extra communication expenses. Full payment is due immediately on confirmation and is non-refundable on all late bookings. Some bookings require full payment at the time of booking i.e. prior to confirmation. If we are unable to secure confirmation you will be refunded in full.
3) Price Changes
a) The costs associated with travel arrangements are not always stable, and currency movements can fluctuate sharply. It is impossible to predict these movements in advance. When you book a package through us, we reserve the right to pass on any surcharges to you. Surcharges may be imposed to cover increases in transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates applied to the particular package.
b)Peak season surcharges and block out dates may apply.
c) Airfares are subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by Marula Escapes. The onus is on the agent & the passenger to check that there have been no changes in these prices before making final payment thereof.
d) Should the client make a group reservation & subsequently the group numbers deviate from the minimum number required for the booking, Marula Escapes reserves the right to re-cost the price and raise a surcharge. Should any client refuse to accept and pay such surcharge, it may result in cancellation of the booking and forfeiture of all payments made.
e) Marula Escapes guarantees the price of land arrangements, only once full payment is received.
4) Methods of Payment
a) Credit Cards: In accordance with International Airline Travel Association (IATA ) bulletin # A 1/00 we need a signed and validated Standard Credit Card Charge Form. The agent acknowledges that s/he has seen the card and that the signature on the card is the same as that on the Credit Card Charge Form. A signed and validated Standard Credit Card Charge Form (SCCCF ) or payment through our Virtual Card Services system, are the only recognised forms of payment for credit cards. If the card is a foreign credit card then you may be requested to supply various other details.
b) Cash or EFT Transfers: We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves.
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. Marula Escapes will not be responsible or liable if the client fails to take adequate insurance cover or at all. It shall not be obligatory upon Marula Escapes to effect insurance for the client except upon detailed instructions given in writing and all insurance effected by Marula Escapes pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or the underwriters accepting the risk, and Marula Escapes 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. It is a complex document, which must be READ BEFORE you initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure. Please note that various credit card companies offer limited levels of travel insurance, which Marula Esapes does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain specific details of the cover.
6) 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.
7) Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys once leaving South Africa and Marula Escapes hereby specifically excludes any liability for any delay and/or loss as a result of your failure to reconfirm any flight and/or connecting flight.
a) Documents (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price, and signed & completed Booking Form, and will be ready 24 hours after payment has been received. Normally your travel agent will arrange collection of your documents.
b) It is important that you check all details of your travel documents (including your itinerary) before leaving South Africa. If there are any inaccuracies on any of your travel documents, or should you have any further queries, you should contact your travel agent immediately. Marula Escapes will not be liable for any delay and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof and you have left South Africa.
9) Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of Marula Escapes, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the passenger. Marula Escapes accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.
10) Changes by You
a) If you wish to make a change to your booking we will endeavour to assist you to make the change wherever this is possible. You will have to pay all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements when amending a booking any time prior to departure. Fares will be re-quoted at the time of amendment.
b) An administration fee of R 100 per person will be charged for each amendment and / or cancellation.
c) After departure it is understood that extra expenses incurred as a result of any change will be for the passenger’s account, and any unused service will not be refunded.
d) Amendments and cancellations en route must be made with our operators directly.
11) Cancellation by You
If you wish to cancel your booking you must advise your agent immediately, who will in turn advise us. You will be liable to pay the following cancellation charges:
a) 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.
b) 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.
c) Marula Escapes charges a cancellation fee equal to 10% of the package price on any finalised booking. However, Marula Escapes 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.
12) Our Right to Change Your Travel Arrangements
a) A significant change to your travel arrangements would include a change in the departure date from South Africa; where the flight times are changed by more than 12 hours or a change to a lower standard of accommodation to that which is booked. In these instances of significant changes to your travel arrangements Marula Escapes undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.
b) All other changes are minor changes. A minor change can be made at any time and, if practicable, we will advise you of any such change prior to departure but we are not obliged to do so. Such minor changes may be made by Marula Escapes, in its discretion, who will not be responsible or liable for the payment of compensation to you as a result of such minor changes.
c) Every effort is made by Marula Escapes to adhere to confirmed itineraries; however, we reserve the right to make changes to your travel arrangements when it becomes necessary to do so.
d) Should any travel component be confirmed by Marula Escapes and this component is cancelled by the supplier for whatsoever reason, then in such instances Marula Escapes will accept no liability for the cancellation thereof.
e) (Wholesaler) reserves the right to cancel a tour prior to departure due to insufficient numbers or other unforeseen circumstances.
13) Lost/Stolen Flight Tickets
a) The loss or theft of a ticket must be reported to Marula Escapes immediately. Certain airlines will not authorise Marula Escapes to issue a replacement ticket if such ticket is lost or stolen before the passenger leaves South Africa. In the latter instance you will be required to purchase a new ticket, at your own cost, until such time as Marula Escapes receives authority from the airline to make any refund to you, which authority could take up to 12 months. Should the airline authorise Marula Escapes to issue a replacement ticket Marula Escapes will do so and a re-issue fee, per ticket, will be applicable.
b) Should your ticket be lost or stolen abroad it should be noted that certain airlines will not issue a duplicate ticket and it will be your responsibility to purchase a new ticket abroad at the local fare. Upon your return to S outh A frica you may make application to Marula Escapess for a refund of the amount spent by yourself on the lost or stolen ticket, but it is specifically recorded that any refund will be entirely at the discretion of the airline concerned which may take up to 12 months to authorise.
c) It is your responsibility to report the lost or stolen ticket to the police and to provide Marula Escapes with the proof of such report if required.
14) Airline Refund Procedures
a) Refund policies of the various airlines vary greatly. Tickets returned to Marula Escapes, will be presented to the relevant airline for assessment. Should a refund be authorised, such refund will be made to you, less any cancellation or administration charges.
b) If payment for the ticket was made to Marula Escapess by credit card, the refund will be made to your credit card. Cash payments will be refunded by EFT .
c) Partly used tickets will be refunded at less than the pro rata rate on the face value of such ticket.
d) Refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by Marula Escapes
e) Unused tickets must be returned to Marula Escapes for a refund within one year from the date of issue or they will be regarded as expired by the airline and have no refund value.
a) In the event that you have any reason to complain, or experience any problems with your holiday whilst away, you must immediately inform the supplier of the services in question.
b) If you are still dissatisfied, you must notify Marula Escapes immediately to enable us to resolve the problem. Failure to give us the opportunity to resolve any problem at the time it occurs may result in either a reduction, or complete extinction, of any rights which you may have to claim compensation.
c) If you remain dissatisfied, contact the Customer Services Manager within 28 days of the unsatisfactory service, giving your booking reference and full details of your complaint on email: email@example.com
d) Whilst every effort will be made to resolve your complaint to your satisfaction, it is specifically recorded that Thompsons in no way accepts liability for any claim.
16) Passports, Visas and Health
It is entirely the clients duty to ensure that all passports & visas are current, valid, obtained on time and that any vaccinations, inoculations, prophylactics (e.g. for malaria) and the like, where required, have been obtained. Passports must be valid for 6 months after return to South Africa. Please check the requirements with your travel agent before travelling. Marula Escapes will endeavour to assist the client but such assistance will be at Marula Escapes discretion and the client acknowledges that in doing so, Marula Escapes is not assuming any obligation or liability and the client indemnifies Marula Escapes against any consequences of non-compliance. It is the clients duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements. The client must ensure that the details supplied to Marula Escapes mirror those details shown on their passport for international travel and ID documents for local travel.
17) General Information
a) Taxes: Marula Escapess will advise you of all mandatory taxes, which you must pay before departure. However, many 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 when you reconfirm your flight details.
b) Special requests: We can pass on any special requests that you may wish to make at the time of booking, but acceptance of such requests is at the discretion of the airline or other supplier and in no circumstances are special requests guaranteed. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on your confirmation invoice or any other documentation, is not confirmation that the request will be met.
c) Medical Problems: If you or any member of your party has any medical problem or disability which may affect your holiday, you need to give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation. We reserve the right to cancel the reservation should we become aware of any such medical problem or disability which has not been disclosed.
d) Renovations: Hotels undergo renovations from time to time and 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. It is important to remember that these are subject to change and we are not always notified..
e) Charges to your credit card: Any charges made to your credit card whilst away are your responsibility. Marula Escapes will not be responsible, nor accept responsibility for having these charges reversed or corrected upon return to South Africa.
f) Drivers Licence: Even if you have obtained an international drivers licence, please take your national driver’s licence with you.
g) Confidentiality: Subject to statutory constraints or compliance with an order of court, Marula Escapes undertakes to deal with all client information of a personal nature on a strictly confidential basis.
18) Force Majeure
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.
19) Responsibility and Limitation of Liability
Marula Esapes act as agents only for local and international ground operators and airlines and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising. Marula Escapes makes every effort to ensure that all the arrangements and services connected with a passenger’s itinerary will be carried out as specified in the most efficient and effective way possible. However, we do not have direct control over the provision of services by suppliers and, whilst they are in all cases selected with the utmost care, we do not accept liability for errors and omissions of such suppliers. The contract in use by such suppliers (which is often constituted by the ticket I ssued by the Principal), shall constitute the sole contract between the supplier and the client and any right of recourse the client may have, will be solely against the supplier.
20) Jurisdiction of the Magistrate’s Court
Marula Luxury Escapes (Pty) Ltd, shall be entitled, at its option to institute any legal proceedings arising out of or in connection with this contract in any Magistrate’s Court having jurisdiction in terms of Section 29 of the Magistrate’s Court A ct N o 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
This document together with Marula Escapes’ standard booking form and Marula Escapes invoice / itinerary constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, and promise of the like not recorded herein. Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Marula Escapes or otherwise that is not included herein. No addition to the Marula Escapes standard booking conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties. All costs and disbursements, including legal costs on the attorney and client scale incurred by Marula Escapes in recovering any damages and payments payable by the passenger to Marula Escapes shall be for the passengers’ account. T his agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa. The passenger hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement.
22) The Client and Authority
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the C onditions and 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 (collectively referred to as “the Client”)