Terms and Conditions
Nightjartravel.com is operated by Nightjar Travel (Pty) Ltd, trading as Nightjar Travel. Nightjar Travel (Pty) Ltd is a South African incorporated online travel business. Its company registration number is 2011/003576/07.
Nightjar Travel is governed by the laws of Republic of South Africa. Nightjar Travel chooses as its domicilium citandi et executandi, for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 2846 Clarence Drive, Betty’s Bay, South Africa.
NATURE OF BUSINESS
Nightjar Travel’s business is to act as an intermediary for the booking of travel lodging, transport and related services. As such, the underlying agreement is between the traveller and the proprietors of the accommodation venues and transport and services companies.
Nightjar Travel cannot be held responsible for any complaints, conflicts, or claims agains the proprietors of the accommodation venues and transport and services companies that it makes bookings with on behalf of its clients.
However, Nightjar Travel will endeavour to assist its clients with any complaints, conflicts, or claims that may arise out of such bookings.
AUTHORITY TO ENTER INTO A CONTRACT
The person making any booking, by the making of such booking, warrants that he or she has authority to enter into a contract on behalf of the other persons included in such a booking. In the event of the failure of any or all the other persons so included to make payment, the person making the booking assumes personal liability for the total price of all bookings made by him or her.
All prices quoted on nightjartravel.com are indicative, and typically refer to low season pricing. Prices are based on two adults sharing a room, and vary by season and by room type. In many cases child discounts and single supplements apply.
Final pricing will only be provided once an enquiry has been made. It is only at this stage that the provision of such final pricing becomes a firm offer to transact.
SCHEDULE OF PAYMENT
The schedule of payment provided below is largely determined by the terms of trade of the accommodation venues that are listed on nightjartravel.com.
•A 50% deposit payment is required on booking in order to secure the reservation.
•The full balance of the payment is required 6 (six) weeks prior to the commencement of travel.
•Where a booking is made for travel commencing in less than 6 (six) weeks, the full amount is payable on booking.
The cancellation shedule below is largely determined by the terms of trade of the accommodation venues that are listed on nightjartravel.com.
•Cancellation between 6 (six) and 3 (three) weeks prior to travel: 50% of total cost is forfeited.
•Cancellation less than 3 (three) weeks prior to travel: 100% of total cost is forfeited.
Payment may be made via Visa, MasterCard, Diners or American Express credit or debit cards, or by bank transfer into the bank account of Nightjar Travel, the details of which will be provided on request.
Credit card transactions will be acquired for Nightjar Travel via PayGate (Pty) Ltd. PayGate is the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on either the PayGate website or the Nightjar Travel website.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR). Payment in currency other than South African Rand will be converted to South African Rand at the time of payment, and the net amount due to Nightjar Travel is the amount stated on the invoice.
It is a condition of booking with Nightjar Travel that all travellers have the correct comprehensive travel and medical insurance to cover themself for the duration of their travel booking with Nightjar Travel . This is the sole responsibility of the traveller. This insurance should include cover in respect of, but not limited to, the following:
•Health Insurance, including full medical, emergency evacuation and repatriation cover for the full period of travel. Travellers will be charged directly by the relevant service providers for any emergency services they may require.
•Cancellation & Curtailment: If, for any reason, a traveller has to cancel a booking close to departure date, the traveller may forfeit a large portion, or even the entire cost of the booking. Furthermore, should a traveller have to depart prior to completion of his or her safari, the cost of the portion of the safari that has not been completed is not refundable. It is the responsibility of the traveller to take out appropriate insurance to cater for this eventuality.
•Damage/theft/loss of personal luggage, money and/or goods: It is advisable to take out luggage and money insurance, especially if expensive equipment or substantial amounts of cash is being carried.
Nightjar Travel, and any person or agent acting for, through, or on behalf of Cable and Grain Safaris, will not take responsibility for any costs, losses incurred or suffered by travellers, or travellers’ dependents or companions with regard to, but not limited to, any of the above mentioned eventualities.
CANCELLATION AND CURTAILMENT
Nightjar Travel shall have the right at any time, at its discretion, to cancel any safari or the remaining portion thereof, or to make any alterations to routes, accommodation, price or other details, and, in the event of any safari being rendered impossible, illegal or inadvisable by weather, strike, war, government or interference or any other cause, the extra expenses incurred as a result thereof shall be the responsibility of the traveller.
Nightjar Travel may, at its discretion and without liability or cost to itself, at any time cancel or terminate a traveller’s booking, and in particular it shall be entitled to do so in the event of the illness or the illegal or incompatible behaviour of the traveller, who shall in such circumstances not be entitled to any refund.
Nightjar Travel shall not be liable for any losses, damages, claims or expenses arising from the use of, or connected with, nightjartravel.com or any products or services purchased on nightjartravel.com, and Nightjar Travel makes no warranty or representation as to the aptness or suitability of any product or service displayed on nightjartravel.com or any linked site.
Nightjar Travel shall not be responsible for loss or damage arising from any errors or omissions contained in its published information, nor for any loss or damage caused by delays, sickness, theft, injury or death.
PASSPORT, VISAS AND OTHER TRAVEL DOCUMENTS
Visas applications, costs and/or relevant documentation are the responsibility of the traveller. It is the responsibility of travellers to ensure that they have all necessary visas prior to departure from their home country, unless these can be obtained on arrival. Nightjar Travel, its staff, agents and operators cannot be held liable, should entry to a country be denied because a traveller failed to secure the correct visa. If a traveller plans to extending his or her journey to other countries not included in the Nightjar Travel booking, visa entry requirements for those countries need to be established as well.
Nightjar Travel may, in its sole discretion, change this agreement or any part thereof at any time without notice. Any such change will take effect from the time that such agreement or any part thereof has been updated and published on its website.