Terms and conditions
  IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 (the "ECT Act") AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING, AND ENFORCEABLE AGAINST ALL PERSONS THAT PROCEED TO BOOK A TOUR.
 
  1. DEFINITIONS  
    "Client" means any person who enters the Exclusive Golf Tours website and engages with Exclusive Golf Tours for the delivery of golf tour and travel services;
"Exclusive Golf Tours"means Robert McNeilly trading as Exclusive Golf Tours;
"The booking" or "the reservation" refers to part or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a Client with the suppliers, and excludes services of a peripheral nature;

  
  2. GENERAL  
    Exclusive Golf Tours arrange tailor made golf tours for the specific needs and requirements of the client completely from the time you get picked up from the airport to the moment you are dropped off for your return home.

  
  3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT AND TERMS OF SERVICE  
    These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Exclusive Golf Tours website. The booking of a tour available from the Exclusive Golf Tours website or subsequent conclusion of a contract with Exclusive Golf Tours may be classified as “electronic transactions” as defined in terms of the ECT Act and you therefore may have the rights detailed in Chapter 7 of the ECT Act.
Important information about Exclusive Golf Tours:
  
    Full name of website owner: Robert McNeilly  
    Street address: Eike Street 20, Ceres, 6835, Republic of South Africa  
    Postal address: P.O.Box 773, Ceres, 6835, Republic of South Africa  
    Telephone number: +27 738857668  
    Website address: www.exclusivegolftours.co.za  
    Official e-mail address: robertmcneilly@gmail.com  
    VAT registration number: 3236165159  
    Membership of self-regulatory or accreditation bodies: CTGA  
    Codes of conduct to which Exclusive Golf Tours subscribes: n/a  
    Domicilium citandi et executandi: Eike Street 20, Ceres, 6835, Republic of South Africa  
    Access to Information: Access can be obtained through the Promotion of Access to Information Act 2 of 2000  
    Services: Travel information;
Travel ideas;
Specialist vacation consulting;
Travel advice;
Golf Tour planning;

  
  4. PRIVACY  
  4.1 Exclusive Golf Tours shall take all reasonable steps to protect your personal information and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
  
  4.2 Exclusive Golf Tours may electronically collect, store and use the following personal information of you:
  
    4.2.1 name and surname;  
    4.2.2 contact numbers;  
    4.2.3 e-mail address;  
  4.3 Exclusive Golf Tours may collect, maintain and store any information collected from you, however, this information will never be shared or sold; it could, however, be disclosed to a third party if mandated to do so by a legal order from a South African court; and
  
  4.4 Exclusive Golf Tours owns and retains all rights to non-personal statistical information collected and compiled by the Exclusive Golf Tours website.

  
  5. SECURITY  
  5.1 Exclusive Golf Tours shall take all reasonable steps to secure the content of the Exclusive Golf Tours website and the information provided by and collected from you from unauthorised access and/or disclosure. However, Exclusive Golf Tours does not make any warranties or representations that content shall be 100% safe and secure;
  
  5.2 Exclusive Golf Tours is under no legal duty to encrypt any content or communications from and to the Exclusive Golf Tours website and is also under no legal duty to provide digital authentication of any page on the Exclusive Golf Tours website;

  
  6. DELAY AND UNFORSEEN CIRCUMSTANCES  
  6.1 In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of Exclusive Golf Tours, it is understood that expenses relating to such unscheduled extensions (e.g. hotel accommodation) will be for your account;
  
  6.2 In the event that any supplier is unable to provide the service booked on your behalf, Exclusive Golf Tours will endeavor to offer you alternative arrangements of similar classification and in the same area, wherever possible. Should you be unwilling or unable to accept the alternative arrangements offered by Exclusive Golf Tours, any refunds to which you may be entitled are subject to the terms and conditions of the relevant supplier.
  
  6.3 Whilst every effort is made to adhere to the confirmed itineraries, Exclusive Golf Tours reserves the right to effect changes should this be deemed necessary. In such cases, where an alteration to the tour itinerary is necessitated by, for example, a change in weather conditions, this does not constitute any ground for a refund;

  
  7. DEPOSIT AND PAYMENT TERMS  
  7.1 Full payment is due at time of confirmation where the booking value is less than R10,000.00. All other bookings require deposit payment equal to 50% of the quoted booking price at time of confirmation or 100% of deposit if less than 60 days before travel. Any such deposit is non refundable;
  
  7.2 If you need to change or cancel your travel plans, it is your responsibility to notify Exclusive Golf Tours in writing;
  
  7.3 The deposit constitutes part of the booking conditions and Exclusive Golf Tours reserves the right, without prejudice to any other rights that it may have, to cancel any booking in the event of the deposit or any part thereof not being received by the due date specified therefore;
  
  7.4 Final payment for any booking must be irrevocably credited to the account of Exclusive Golf Tours at least 60 days prior to the date of departure, unless specific arrangements have been made with and confirmed in writing by Exclusive Golf Tours;
  
  7.5 Any bookings made less than 60 days prior to the departure date must be accompanied with full and final payment, unless otherwise agreed to in writing by Exclusive Golf Tours;
  
  7.6 Final invoicing is based upon the confirmation price, less any deposit paid. Payment of any such invoice and/or statement must be made in full, without deduction or set-off, on the due date therefore, notwithstanding cancellation of all or any part of the services booked. Failure to make final payment on the confirmed due date will lead to cancellation of booked services and the loss of all monies paid to date;

  
  8. TRAVEL INSURANCE  
    Exclusive Golf Tours recommends that you (and each member of your party) review and purchase adequate and comprehensive travel insurance covering cancellation, curtailment, medical expenses, emergency travel, personal accident, personal baggage and money loss. This should be arranged at the time of confirmation and deposit payment to cover you for cancellation from this time. You acknowledge that it is your responsibility to take insurance, that the cost thereof will be for your account, and that Exclusive Golf Tours will not be liable in any way whatsoever should you fail to do so;

  
  9. PERIPHERAL TRAVEL ARRANGEMENTS  
    It is your responsibility to review and arrange a valid passport and all necessary entry permits/visas for you (and each member of your party). It is your responsibility to review and arrange all necessary inoculations, immunisation and medication for you (and each member your party). Exclusive Golf Tours will not be liable in any way whatsoever should you fail to do so;

  
  10. CANCELLATIONS, RETURN, EXCHANGE AND REFUND POLICY  
  10.1 Exclusive Golf Tours will endeavor to provide the services required by the customer, but in the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of you, Exclusive Golf Tours reserves the right to claim the services, administration, communication and cancellation charges which will include, but not be limited to, any charges levied by any supplier against Exclusive Golf Tours in respect of such booking;
  
  10.2 Cancellation of a booking must be made in writing. You agree that if the cancellation is received:
  
    10.2.1 60 or more days prior to the arrival date, 50% (Fifty percent) of the total confirmed price for the booking;  
    10.2.2 more than 30 but less than 60 days prior to the arrival date, 45% (forty five percent) of the total vacation costs will be refunded to you; and  
    10.2.3 less than 30 days prior to the arrival date, the total vacation costs will be forfeited by you.

  
  11. DISCLAIMER AND LIMITATION OF LIABILITY  
    Exclusive Golf Tours and/or its agents, act only as agents in making arrangements for hotels, sightseeing tours and transportation or any other service in connection with the itineraries of individual clients who by acceptance thereof, acknowledge that the Exclusive Golf Tours and/or its agents and suppliers shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act or default of Exclusive Golf Tours or any hotel, carrier or the other company or person providing or rendering the services included in the tours. Further, Exclusive Golf Tours and/or its agents accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restraints, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control. Exclusive Golf Tours reserves the right to cancel, change or substitute any service and to decline to accept or retain any tour member at any time for any reason.

  
  12. ALTERNATIVE DISPUTE RESOLUTION  
    Subject to urgent and/or interim relief, all disputes regarding these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and Client.

  
  13. CHANGES AND AMENDMENTS  
    Exclusive Golf Tours reserves the right, in its sole and absolute discretion, to do change these terms and conditions at any time without prior notice or justification.

  
  14. ENTIRE AGREEMENT AND SEVERABILITY  
  14.1 These terms and conditions constitute the entire agreement between Exclusive Golf Tours and the client and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Exclusive Golf Tours from the client;
  
  14.2 Any failure by Exclusive Golf Tours to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
  
  14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

  
  15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT  
    The Client and Exclusive Golf Tours agree that:  
  15.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the Client confirms the booking;
  
  15.2 data messages (as defined in the ECT Act) addressed by the Client to Exclusive Golf Tours shall only be deemed to have been received if and when responded to;
  
  15.3 data messages (as defined in the ECT Act) addressed to the Client by Exclusive Golf Tours shall be deemed to be received by the Client as detailed in section 23(b) of the ECT Act;
  
  15.4 data messages (as defined in the ECT Act) addressed by the Client to Exclusive Golf Tours shall be deemed to have been created and sent by the Client from within the geographical boundaries of South Africa;
  
  15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the Client and Exclusive Golf Tours; and
  
  15.6 the Client agrees and warrants that data messages that are sent to Exclusive Golf Tours from a computer, IP address or mobile device normally used by or owned by the Client, was sent and/or authorised by the Client personally.

  
  16. APPLICABLE AND GOVERNING LAW  
    Subject to the arbitration referred to above, the Exclusive Golf Tours website is hosted, controlled, and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use of the Exclusive Golf Tours website, its content, services and these terms and conditions.
  
Copyright © 2008 | Robert McNeilly