1. The Contract
The following booking conditions form the basis of your contract with Portfolio Journeys whose registered office is A17 Westlake Square, 1 Westlake Drive, Westlake, Cape Town and the contract will be effective once we have issued a confirmation/invoice for a confirmed booking. No verbal discussions can override or vary these Booking Conditions unless we confirm them in writing. The confirmation/invoice is charged as a fee for arranging the itinerary for you, as a non-resident South African.
For bookings made 8 weeks or more before the first service being provided a deposit of 30% of the total booking value is required. The balance of the payment is due no later than 8 weeks prior to the first service being provided. Failure to pay the balance by the date shown on your confirmation/invoice may result in your booking being cancelled, with cancellation charges applying. For bookings made within 8 weeks of the first service being provided, full payment is due at the time of booking. We accept EFT’s, swift transfers or VISA, Mastercard, American Express and Diners Club credit card payments.
Please Note: In some instances, airlines require full payment of the airfare at the time of booking & charge 100% of the airfare in the event of cancellation, and other service providers sometimes require larger than usual deposits (e.g. over peak periods) – you will be advised of such conditions at the time of booking. When a part payment equal to more than 30% is made prior to 8 weeks before the first service being provided, that part payment is deemed to then form the deposit for the purposes of section 4.
Prices are based upon the prevailing rates and conditions at the time of booking. We reserve the right to change our prices. Rates are subject to surcharges on government action, fuel and currency. We are obliged to absorb 2% of any surcharge. Should the price increase by more than 10% you will be entitled to cancel with a full refund of any money paid, provided you have advised Portfolio Journeys within 14 days of the date of the revised confirmation / invoice. The above conditions require financial commitment on our part therefore we regret, that in the event of exchange rate changes since the issue of our confirmation / invoice, no reductions will apply.
4. Booking cancellation by the guest
The date of cancellation will be deemed to be the date we receive the written instructions of the cancellation. You will be liable for cancellation charges in accordance with the following scale, based on the number of days prior to the first service we have booked for you, of the date of cancellation:
- Less than 15 days prior – 100% of total holiday cost
- 28-15 days prior – 90% of total holiday cost
- 41-29 days prior – 70% of total holiday cost
- 55-42 days prior – 50% of total holiday cost
- 56 days or more prior – loss of deposit
Any variations or changes to these conditions are at the discretion of each service provider. On occasion, there may be a variation to the flight portion cancellation fee, as mentioned in section 2. PAYMENT – these are available on request. If the reason for your cancellation is covered by your insurance policy you should be able to make a claim and recover your cancellation fee. If you cancel a portion of your arrangements you will be charged the cancellation fee on the portion cancelled.
5. Booking amendments by the guest
If there are any amendments made after the confirmation / invoice has been issued, but before the full balance has been paid you may be charged for those amendments, in addition to any fees levied by the individual service provider concerned. Any amendments made after the full balance has been settled (or is due to be settled) may be adjudged to be a cancellation and rebooking, and therefore potentially subject to the cancellation conditions shown in section 4. Booking cancellation by the guest of these booking conditions. No credit or refund is available for any unused services once the arrangements have commenced.
6. Booking amendments by Portfolio Journeys
We reserve the right to make changes to your travel arrangements at any time, as may be occasionally necessary. If the change is minor we will do our best to notify you in advance but we are not obliged to do so. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. If the change is material or significant we will notify you as soon as is possible with your choice of alternative arrangements. Air transportation is by scheduled services. We reserve the right to substitute alternative airlines or aircraft types. Such alterations do not constitute a significant change to your travel arrangements and you will not therefore be entitled to cancel or change your travel arrangements, as a result.
7. Our liability to you
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will take the appropriate measures. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases of death, bodily injury or illness, shall be limited to a maximum of 1.5 times the cost of your travel arrangements. Any such claims must be notified in writing within 60 days and it is a condition that you give Portfolio Journeys your full co-operation, as well as assigning your rights to pursue any third party.
Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are
incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport contractual terms, or the international conventions, and these will be provided to you on request.
9. Force Majeure
Portfolio Journeys shall not be liable for any failure to perform the contract which is due to circumstances beyond the control of Portfolio Journeys or our suppliers, including but not limited to; war; the threat of war; riot; civil strife; industrial dispute; terrorist activity and its consequences; natural &/or nuclear disaster; fire; adverse weather conditions; epidemics & pandemics; technical problems with transport; closure or congestion of airports, ports or roads.
10. Complaints and arbitration
Problems or dissatisfaction with any of the accommodation or services we have arranged for you should, in the first instance, be brought to the attention of the establishment or service provider manager. Failure to do so will limit the opportunities for Portfolio Journeys to seek redress on your behalf. If you wish to follow up with Portfolio Journeys, please do so within 21 days after travelling.
12.Passport, visa and immigration requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
13. Travel Insurance
We strongly advise that you have adequate insurance cover in place at the time of making your booking. Your insurance should include cover for cancellation or curtailment of your holiday as well as the cost of repatriation in the event of death, accident, injury or illness.
14. Brochure and/or website accuracy and images
Every effort has been made to ensure that the information contained in our brochure and on our website, is accurate, and that the images use reflect the current appearance of the hotel and its surroundings. However, please bear in mind that the brochure may have been produced some time before you travel, and that hotels and their surroundings change periodically, sometimes without our knowledge. E&OE.
15. Non-resident statement of fact
You hereby confirm that you are a non-resident of the Republic of South Africa, and, that at the time of confirming this booking, you were not physically in South Africa.