Standard Terms and Conditions for Sleep Africa
All services rendered by Sleep Africa to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below.
The following Terms and Conditions should be read and understood prior to confirming your travel. Do not confirm any booking unless you understand and agree with the following terms and conditions.
Sleep Africa Business
Sleep Africa is an online “DMA” destination marketing agency that provides one-stop travel African experiences. Sleep Africa renders the service of hosting an online search and booking portal, with its primary focus on specialized tours, travel and accommodation industries (‘the Services’) pursuant to which the general public shall:
- have access to the portal,
- be entitled to set certain travel, accommodation and/or other service criteria based on information gleaned from the internet,
- request quotations and
- be entitled to confirm bookings and place reservations relating to travel, accommodation and/or other service requirements
For the avoidance of doubt, the services do not include any advisory or consultancy services, unless our allocated Agents contact you to offer such services.
The Client and Authority
Any person(s) wishing to utilise the services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the booking information page, prior to the conclusion of any transaction with Sleep Africa. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person/Company person in whose name the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).
Please be advised that unless requested otherwise upon making the reservation, Sleep Africa is authorised to engage with any persons listed in a booking, in as long as that person is able to provide the reference number for the booking. Sleep Africa accepts no responsibility for any changes made by any of the listed persons in a booking.
Third Party Service Providers
Sleep Africa provides Clients with the services either itself or acting on behalf of Principals engaged in or associated with the tour, travel and/or accommodation industries, such as tour operator , hotels and/or other service providers or suppliers (collectively referred to as ‘the Principal’). Sleep Africa represents the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or willful misconduct of Sleep Africa or any person acting for or controlled by Sleep Africa), which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any RIGHT OF RECOURSE the Client may have, will be solely against the Principal. Sleep Africa shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal. It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
Booking Enquiries & Reservations
Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, trip, tour, mode of travel, preferred accommodation and/or other service on Sleep Africa’s website www.sleepafrica.co.za , or (ii) initiated such an enquiry with Sleep Africa by any other means of communication including by means of access to the Sites via booking agents, the Sites will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’). THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Quote telephonically or via email. Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). Once the online Booking or Booking affected by Sleep Africa has been completed and the Client has authorized Sleep Africa to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’). Note that all tickets carry different fare conditions as imposed by the relevant service provider. The ticket you are purchasing may only be partially or non-refundable. To verify this before booking online please contact our offices.
The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. It ALSO ACKNOWLEDGES that the internet Booking has been compiled and is managed and updated by the Principal, and that Sleep Africa has no control over information compiled by the Principal.
Payment and Payment Terms
The Payment is due immediately by one of the supply payments method available to the tour, travel or accommodation, and must reflect in the bank account of Sleep Africa prior to the date of the Booking was made. If the Payment is not received as stated above, Sleep Africa or Principal involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING, in which event the full Payment (less any cancellation and administration fees) shall be refunded to the Client within 48 hours of the cancellation being processed. In the event that the Payment was made after the aforementioned deadline, and should Sleep Africa inform the Client by means of a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the CLIENT WILL BE LIABLE for any difference between the original Quote and such higher price, and the revised Payment must reflect in the bank account of Sleep Africa before the deadline stipulated in the revised Quote in order to secure the Booking.
Quotes are provided at the ruling daily exchange rate. Until Sleep Africa has received Payment, we RESERVE THE RIGHT to amend any Quote. Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of Payment will be reflected in the Quote itself. However, once Payment has been received, the Quote is guaranteed, PROVIDED THAT the payment was made by midnight on the day that the Booking was made. Should the Client be a group booking and the group number deviate from the number required for the Booking, the PRINCIPAL MAY RESERVE THE RIGHT to re-cost the Quote and raise a surcharge.
These fees cover the costs incurred by Sleep Africa in booking and servicing your travel reservation. We also reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests or changes to your booking.
Please be advised that service fees and products are non-refundable in case of a cancellation.
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). Sleep Africa will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover.
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment.
Name Change Requests
Upon confirming your booking we advise you to CHECK THE SPELLING OF YOUR NAME and ensure that it is as per your passport/identity document. Should the spelling of your name not match your passport/identity document the airline may not allow you to board the plane or should you require a name change, and should it be permissible, airline penalties may apply. Please note that some airlines do not allow name changes for any reason whatsoever and may require you to buy a completely new ticket. Sleep Africa no liability in this regard.
Passports, Visas & Health
It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements for their destination and any transit countries before travelling. Sleep Africa will endeavour to assist the Client if requested, but such assistance will be at Sleep Africa’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so.
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases such as yellow fever. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure.
In the event of the Client cancelling the Booking, Sleep Africa shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by Sleep Africa, provided that Sleep Africa shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the Booking or reservation due to the death or hospitalisation of the Client.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Sleep Africa.
Amendments of these Conditions
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Sleep Africa.
Refunds by the Principals will be subject to their respective terms and conditions. Sleep Africa will charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
In the event that Sleep Africa has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Sleep Africa is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.
General Terms and Conditions for Online Bookings
Please note that over and above the online terms and conditions as set out below (‘the Online Conditions’), all online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail.
The Sites are owned by Sleep Africa and the domain names are registered in the name of Sleep Africa. All intellectual property rights in and to the aforementioned vests in Sleep Africa. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Sleep Africa.