TERMS & CONDITIONS

 

Term	Definition
“Travati”	Travati Pty Ltd. (Registration No. 2015/347795/07).
“Membership Period”	A period of 24 months ranging from the commencement date of this agreement, until the expiration thereof and subject to the Terms and Conditions thereof.
“Commencement Date”	The date of membership activation by Travati.
“Active Member”	A Member that is up-to-date with all his/her payments.
“Business Days”	Monday to Friday
“CPA”	Consumer Protection Act, 68 of 2008
“Disputes”	Any disagreement on a point of law or fact and/or a conflict of views and/or interest between the parties to this agreement.
“Member”	The member whose details can be found in the account page of the Membership Profile that has accepted the terms and conditions of the subscription to the Travati Travel Club.
“Monthly Subscription Fee”	A monthly fee payable by the Member for the membership to Travati during the Membership Period. The monthly subscription fee is not a contribution to any booking requests or amounts.
“NCC”	National Consumer Commission
“Immediate Family”	Immediate family which includes the Member, Spouse, and Children (under the age of 22 years)
“Online Travel Retailer”	A web-based Travel Agent offering advice to the general public online, furnishing travelers with timetables, travel literature, fare costs and reservations.
“Online Inventory”	The Service Provider’s accommodation inventory or part thereof, exposed to the Member via a membership login facility.
“Preferred Suppliers”	Hotels, resorts, car rental agencies, airlines, cruise lines and any other travel-related inventory suppliers that are affiliated to the Service Provider.
“Member”	The person signing up for a Membership, to whom these Terms and Conditions are attached
“Rack Rate”	The price that an establishment charges for a room before any discounts, specials, contracted rates or once-off rates that may have been taken into account.
“Real Time Rates”	Preferred Supplier’s rates that are valid for a stipulated period and constantly updated with the Service Provider.
“Membership Agreement”	Terms and Conditions and the Schedules attached thereto.
“Service Level Agreement”	The agreement between the Service Provider and the Preferred Supplier.
“Service Provider”	The Travel Management system providing reservations and booking services to the members travelling.

 

 2.       If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision

in the body of the agreement.

3.       Any reference in this agreement to any legislation is to such legislation as at the date of signature of this agreement by the party first signing and as amended or re-enacted thereafter from time to time.

4.       AND WHEREAS Travati tries to present its membership program fairly and honestly and endeavors to set out its Terms and Conditions in simple, clear and understandable English and assists prospective members by explaining the Terms and Conditions to him/her before he/she applies for membership. The signatory hereby acknowledges that he/she understands this Membership agreement and signed it voluntarily, without any undue influence from any other person including, but not limited to, staff members of Travati and its duly authorized representatives. The signatory warrants that he/she has read the Terms and Conditions and that it and the Travati Concept has been explained in detail, that he/she has no misunderstanding or misapprehension about the Terms and Conditions, the Travati concept or any other aspects of these documents and agrees to
be bound thereby.

5.       AND WHEREAS the Member will select a category of Membership, set out more clearly in the Membership agreement, and agrees to make all payments specific thereto and abide by the Terms and Conditions applicable thereto.

6.       AND WHEREAS the signatory hereto (hereinafter referred to as the Member) wishes to make use of these services, and applies for membership, to Travati, and should Travati approve his/her membership, such a Member agrees to abide to the Terms and Conditions of this agreement.

7.       AND WHEREAS the signatory hereto (hereinafter referred to as the Member) wishes to make use of these services, the Member applies for Continuous membership and enters into a Membership agreement with Travati for the duration of a Membership Period and, should Travati approve his/her membership, such a Member agrees to adhere to the Terms and Conditions of this agreement. Continuous membership is awarded to the Member and is automatically updated upon completion of the Membership Period and subject to all fees paid for and up to date.

NOW THEREFORE the parties agree as follows:

8.       MONTHLY SUBSCRIPTION FEE

8.1    The parties agree that membership is subject to the payment of a Monthly Subscription fee for the duration of the Membership Period. It is agreed that failure to pay the Monthly Subscription fee at any stage will result in the suspension
of membership. The Monthly Subscription fee is set out more clearly at www.travati.co.za/memberships. It is furthermore agreed that the Member will not be entitled to deduct any amounts that may, ostensible or otherwise, become due by Travati to the Member against the Monthly Subscription fee.

8.2    The Monthly Subscription fee is subject to an annual increase of not more than 9% or the annual average CPI, whichever is the highest. This increase will commence annually on the aging of the members subscription.

9.       RECURRING CARD PAYMENT AND DEBIT ORDER AUTHORISATION

9.1    It is agreed by both parties that the Member hereby authorizes Travati to obtain all aforesaid payments by means of Recurring Card Payments or if the card payment fails for any reason, by means of a debit order. The Member or account holder agrees to sign all authorization documentation, as required by the banking fraternity, and will give no less than two (2) weeks written notice if he/she wishes to change his/her banking details or institution, and will once again authorize Travati to obtain all aforesaid payments by means of Recurring Card Payments or if the card payment fails for any reason, by means of a debit order.

10.    MEMBERSHIP ACTIVATION

10.1 The Member will be activated on the Travati website and uploaded onto the Travati international system upon approval of membership and once registered, where after the Member will be entitled to all the benefits of the international system and those of membership.

10.2 It is agreed that the Member will also be allocated an exclusive username and password to access the Travati website.

11.    RESERVATION

11.1 It is agreed that reservations requests via the telephone and/or Travati Website may only be made by a responsible adult who is a Member. It is agreed that reservation requests made via the telephone will be confirmed in writing by either WhatsApp for Business, fax or e-mail by Travati. It is agreed that Preferred Suppliers will only be accessed via the Travati Website and/or by contacting Travati or the Service Provider directly.
It is recorded that all reservations for accommodation and travel will be subject to availability at all times. Furthermore, all accommodation and travel reservations will be subject to the specific Terms and Conditions of each Preferred Supplier. It is agreed between the parties that Travati will not be held liable for any warranties and/or representations made to the Member by the Preferred Supplier.

11.2 It is agreed that a reservation will only be secured if all amounts payable by the Member for travel services and/or accommodation is paid at the time of the reservation to Travati or the Service Provider.
Equally, it is agreed that a Member automatically authorizes Travati to make payments on his/her behalf to the Preferred Suppliers with regards to the reservation. It is further agreed that Travati or the Service Provider will only make such a payment if it has received proof of payment from the Member, and monies have cleared on both parties’ bank accounts.

11.3 Only a Member may cancel a reservation, the aforementioned Member may be held liable for a penalty by the Preferred Supplier or the Service Provider. It is recorded that, should a Member be liable for such a penalty, the Member will be solely responsible for the full payment of the penalty and Travati will not be responsible for making any contribution in relation thereto, irrespective of the cause thereof. Furthermore, under no circumstances does Travati make any representations as to the nature and extent of any penalties as a result of cancellation in respect of any Preferred Supplier.

11.4 Members’ Reservations will only be confirmed upon receipt of cleared funds.

11.5 Your Travati membership may not be used for commercial gain which includes but is not limited to operating a Travel Agency/Company and/or a Travel and Accommodation Marketing Company.

11.6 Mandatory insurance with our service provider will be included in your travel booking. 

12.    AGENCY

12.1 It is recorded that Travati does not, ostensible or otherwise, act as an agent on behalf of any Preferred Supplier. Travati cannot make any warranties on behalf of any Preferred Supplier and makes no warranties whatsoever in relation to their prices, rates, discounts, availability or in fact any services or quality of services provided by them. The Member hereby indemnifies Travati against any claim, of any nature whatsoever, which may arise as a result of the Member using the services of any Preferred Supplier that was introduced to the Member by Travati. Travati does not warrant the accuracy and correctness of any website linked to Travati, including but not limited to availability, discounts, nature and quality of services as well as the Terms and Conditions of each Preferred Supplier.

12.2 The content of any other websites which are linked to the Travati website in good faith and Travati does not warrant the correctness and the content in relation to, inter alia (among other things) rates, availability, discounts, nature and quality of services and/or the Terms and Conditions of each Service Provider. It is the obligation of the Member to verify the correctness of all information set out on such websites.
Travati does not accept responsibility for the content of these sites.

13.    AVAILABILITY

13.1 It is herewith specifically recorded that all reservation requests are subject to availability on a first come first serve basis.

13.2 It is agreed that the establishments of the Preferred Suppliers’ availability and occupancy are subject to the Service Providers’ agreements with the Preferred Suppliers.

14.    DISCOUNTS

14.1 Travati will endeavor to always provide the Travati Member with the best rate at the time of the quotation, however, it is specifically recorded that no discounts will apply in respect of airplane tickets and that the membership to Travati does not entitle a Member to a fixed discount rate. Furthermore, it is specifically recorded that rates and prices will vary from time to time between different Preferred Suppliers and that Travati bases its discount on Rack Rates, which is obtained from the Preferred Supplier and/or any discounts that may be negotiated and received from the Preferred Supplier. Notwithstanding the discounts, Travati will not be held liable by the Member for any representations made by Preferred Suppliers regarding discounts.

15. LAST MINUTE BOOKING TERMS AND CONDITIONS

       If you’ve left your travel plans to the last minute, or you have an unforeseen travel need, don’t  worry; your Personal Travel Guru is ready and waiting.

15.1 Late Booking Fee – A late booking fee of R500 will be charged for requests received within 5 days of departure.

15.2 Late booking fee is waivered for members on the Family and Group membership options

15.3 Travati requires atleast 48 hours prior to check- in date notification to process your last-minute request.

15.4 Once confirmed these bookings will carry the cancellation fees as advised during your quotation process.

15.5 Due to the policies of our suppliers, we require full payment before confirmation can be obtained to secure reservations.

15.6 Payment needs to be paid with immediate clearance and reflect in Travati’s account.

15.7 Once the funds have cleared the reservation will be secured and payments made to the supplier of the service.

15.8 Up until full payment is received and the reservation is secured availability and pricing is subject to change.

15.9 Should the quoted accommodation and quoted price no longer be available the member will be quoted on a suitable alternative – any additional cost will be for the member’s account.

15.10    Should the alternative not meet the members requirements and the reservation request is cancelled the amount paid will be refunded.

15.11    This document together with the Company confirmation/invoice/itinerary/standard terms and conditions constitutes the sole record of the agreement between the parties.

15.12 No party shall be bound by any representation, warranty, and promise of the like not recorded herein.

15.13 No addition to these Standard Terms and Conditions shall be of any force or effect unless in writing and signed by a duly authorised representative of the Company.

15.14 No indulgence which Travati (“the grantor”), may grant to the member (“the grantee”), shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.

15.15    All costs and disbursements, including legal costs on the attorney and member scale incurred by the grantor in recovering any damages and payments payable by the passenger to the Company shall be for the passenger’s account.

15.16  Last minute bookings do not apply to peak periods.

16. PASSPORTS, VISA, VACCINATIONS

16.1 It is agreed that it will be the responsibility of the Member to comply with and obtain all passports and visa requirements and/or any other entry requirements that may become applicable for each destination. It is agreed that the Member will be responsible for his/her own vaccination as required by each destination and will therefore not hold Travati liable for his/her failure to do so.

17. BREACH OF CONTRACT

17.1 It is agreed by both parties that the Terms and Conditions embodied within the agreement are all material Terms and Conditions. Should either party breach any of the Terms and Conditions contained herein, the innocent party, at its discretion, will have the right to terminate this agreement after having given the defaulting party written notice of his/her intention to do so and given him/her seven (7) business days to remedy his/her default.

17.2 Should either party breach any of the Terms and Conditions contained within this agreement, the innocent party may, at its discretion, elect to:

17.2.1    Enforce this agreement, and/or

17.2.2    Cancel this agreement, and/or

17.2.3    Claim damages, and/or

17.2.4    Hold the defaulting party liable for legal costs, on a scale that is deemed relevant between attorney and client.

17.3 You will be in default if you fail to pay any amount payable to Travati under this agreement on the due date or you breach any of the Terms and Conditions of this agreement. If you are in default:

17.3.1    All amounts owing by you to Travati are immediately due and payable;

17.3.2    Travati may suspend or cancel your membership.

17.3.3    The member hereby authorizes Travati or its Representative to obtain credit information from the credit bureau. The member agrees that in the case of any default payments his/her information may be listed at the credit bureau.

17.3.4    Travati will give you written notice of such default and it is the responsibility of the member to inform Travati of changes to his/her contact details;

17.3.5    Travati may commence legal proceedings to enforce this agreement and recover collection costs and default administration charges and penalties (where the default is in respect of a payment obligation) if:

17.3.5.1                  Travati has given you notice as referred to in clause 17.1,

17.3.5.2                  You have been in default under this agreement for at least twenty (20) business days;                                          and

17.3.5.3                  At least five (5) business days have elapsed since Travati delivered the notice referred to in clause 17.3.5.1 Travati may immediately suspend a Member, without further notice, for failure to pay any amounts in terms of his/her subscription as stipulated by the subscription which is available on the Members Profile page at www.travati.co.za

17.4 A suspended Member will not be entitled to any refund. All monies already paid will be regarded as liquidated damages.

17.5 In the event that Travati has to suspend a Member as mentioned above in clause 17.3.2, the Member will be liable for all fees as set out in the Member Profile available at www.travati.co.za until the date of termination. The Member will also be liable for a cancellation fee of 65% of the value of the Monthly Subscription fee, which would have been payable for the duration of the fixed Membership Period. Alternatively, a reasonable cancellation fee in terms of the Consumer Protection Act will apply.

17.6 Should a Member be suspended, the Member will not be entitled to any refund, credit or extension of their membership. During the period of suspension, the Member or nominated beneficiaries, Travati Coupons or any other person associated with the membership will not be entitled to access the Travati Website or any of the services rendered by Travati or its Service Provider.

18. DISPUTES AND CANCELLATIONS

18.1 In the event that the Member entered into this agreement as a result of direct marketing, the aforementioned Member is entitled to withdraw from this agreement within five business days from the date of signing this agreement by ensuring that written notice has been given and received by Travati via email at membersupport@travati.co.za; via courier or hand delivery at The Beachhead, 10 Niblick Way, Somerset West, 7130. Proof of delivery must be provided.

18.2 In the event that the membership is terminated by the Member during the fixed term, the Member will also be liable for the cancellation fee of 65% of the value of the Monthly subscription fee, which would have been payable for the duration of the Fixed Term Period, to which both parties agree and accept as a reasonable cancellation fee, as prescribed by the Consumer Protection Act.

18.3 Upon early termination of membership, the Member will not be entitled to any refund of any amounts paid in respect of any fees paid up to the date of termination. Travati will also be entitled to recover the cancellation fee from the Member.

18.4 In the event that the membership is terminated after the initial 24-month Membership Period, the member must give 20 business days’ notice in writing via email: membersupport@travati.co.za.

18.5 Both parties agree that all disputes arising and/or relating to this agreement that remains unresolved must be referred by the Member in terms of Section 69 of the CPA to the NCC and/or any other consumers tribunal that has jurisdiction for adjudication. It is further agreed that the Member will first exhaust all other remedies in terms of the CPA before referring any dispute to a court of law.

18.6 Each person signing this agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this agreement. Each party represents and warrants to the other that the execution and delivery of the agreement and the performance of such party’s obligations hereunder have been duly authorized, and that the agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

19. NON-VARIATION

19.1 It is agreed that the Terms and Conditions embodied in this agreement shall be the only agreement between the parties to such an extent that, should the parties wish to change or vary the Terms and Conditions of this agreement, the variation thereof shall be put in writing and signed by both parties. Further, for the purpose of this agreement, all verbal communications and/or agreements and/or representations made by the parties prior to signing of this agreement shall be null and void and superseded by the Terms and Conditions of this agreement.

19.2 No failure, delay, relaxation or indulgence on the part of Travati in exercising any power or right conferred upon it in terms of this agreement shall operate as a waiver of such power or rights, nor shall any single or partial exercise of any such power or right prelude any other or further exercise thereof, or the exercise of any other power or right hereunder.

20. NON-WAIVER

20.1 Should Travati grant any indulgence or relax any of the Terms and Conditions of this agreement in favor of the member, it is agreed that Travati will not be prevented and/or precluded from enforcing its rights at any later stage in terms of this agreement.

21. DOMICILIUM CITANDI ET EXECUTANDI (The address of execution and the address where documents, notices and processes must be served)

21.1 Travati chooses its domicilium citandi et executandi as follows: The Beachhead, 10 Niblick Way, Somerset West, 7130.

21.2 The member chooses his/her domicilium citandi et executandi as follows: As per BILLING ADDRESS stipulated in the Travati Profile.