Booking Conditions

PYO South Africa Booking Conditions

1.Contracts
PYO Adventure Travel Ltd (Company No. 04834069) trading as PYO South Africa Travel ("PYO") designs holiday itineraries for you, the customer ("You"), including devising flight routes, suggesting and booking local transport, booking accommodation and arranging activities at the holiday destination ("Holidays"). These are the terms and conditions on which PYO arranges Holidays for You.

2. Flights
Whilst PYO will discuss suitable flight routes and dates with You as part of planning Your Holiday, PYO does not book flights. PYO will put you in touch with a bonded agent who will arrange flights for You, but it is Your responsibility to book  your flights.

3. Booking Your Holiday
Once You and PYO have discussed Your Holiday, PYO will prepare a Holiday itinerary setting out all the arrangements discussed including the Holiday price (“Price”). Any items not listed in the Holiday itinerary are not included in the Price. For example, Prices will not include meals, (unless stated otherwise), personal hotel expenses, local taxis and any items over and above the planned Holiday. You will be required to complete a booking form for the agreed Holiday itinerary, which You must sign and return to PYO ("Booking Form"). You must ensure that You give PYO full, accurate and clear information in agreeing the Booking Form and that You have the authority to make bookings on behalf of Your party.

You will liase with either the bonded agent recommended by PYO or any other flight organiser of Your choice, and purchase Your flight. Once You have (i) signed and returned a Booking Form based upon the agreed Holiday itinerary (ii) confirmed to PYO that Your flights (if any) have been purchased or You otherwise authorise PYO in writing and (iii) paid PYO the Deposit and any insurance premiums due (see below) in full, PYO will issue a receipted invoice. PYO will then begin booking the Holiday as agreed in the Booking Form.

You must pay PYO an initial deposit equal to 50% of the total accommodation cost per person ("Deposit") with Your completed Booking Form. Any balance of Your total Holiday Price (less Deposit) must be received in full by PYO at least 8 weeks before Your scheduled Holiday departure ("Scheduled Departure"). If You take up PYO’s suggested Holiday insurance the insurance premium must also be paid in full with the Deposit. For clarity, PYO shall not be obliged to book any Holiday until a full Deposit and any insurance premiums due are received. If, for any reason, payment of the full Price and any insurance premiums (if relevant) are not received by the due date, PYO reserves the right to cancel Your Holiday booking, applying the cancellation charges set out below, and to retain the Deposit paid.

However, if PYO will be booking Your Holiday less than 8 weeks before Your Scheduled Departure, You must pay PYO Your total Holiday Price before PYO is required to book the Holiday.

4. Payments
PYO is currently unable to accept credit card payments because of the related bank charges. Any cheques should be made payable to PYO South Africa Travel with Your booking reference number written on the reverse. All PYO's invoices for Your Holiday shall be due and payable in full immediately on presentation. All Prices are given exclusive of any value added or other taxes, which shall be charged to You in addition as applicable.

5. Cancellation By You
If You wish to cancel Your Holiday (or any part of it) You may do so at any time, and may initially contact PYO's Sales Desk on (08707 517 360) to advise of cancellation, but cancellation will not be effective until it is confirmed in writing by You, as the person signing the Booking Form. In order to cover PYO's time and expenditure, PYO reserves the right to charge a cancellation fee according to the scale shown below (date of receipt of written cancellation letter is used when calculating cancellation charges):

Note: PYO strongly advises You to take out insurance against irrevocable cancellation costs.

6. Amendments By You
PYO will use all reasonable efforts to make any changes You may require to Your Holiday after the Booking Form has been agreed, subject to the payment of any increased Holiday Price relevant to the change together with an administration fee of £30 per change per person. However, PYO does not warrant or guarantee that any such changes will be possible.

7. Surcharges
Surcharges may be applied in the event of a variation in exchange rate or governmental action. PYO will absorb an amount up to a maximum of 2% of the total Holiday Price (which excludes insurance premiums). Only amounts in excess of 2% will be passed on. If this means paying more than 10% of the original Holiday Price, You will be entitled to cancel Your Holiday booking with a full refund of all money paid except insurance premiums. Should you decide to cancel because of this, You must exercise Your right to do so within 14 days from the date of notification of the price variation.

8. PYO's Responsibility For Your Holiday
PYO warrants that it will use reasonable care and skill in carrying out services and arranging Holidays under these terms and conditions. PYO accepts responsibility for loss or damage caused by the acts and/or omissions of its employees, agents and sub-contractors and suppliers (which shall be limited to mean the suppliers of Holiday services which PYO has agreed to arrange for You).

These assurances are subject to the following qualifications:

(i) That in the event of death, bodily injury or illness, PYO's responsibilities are limited to those set out in paragraph 9;

(ii) When You travel with an air, sea or rail carrier their Conditions of Carriage apply, some of which limit or exclude liability and all of which are subject to and controlled by various International Conventions. PYO's obligations in such circumstances are also subject to the rules and limitations as to liability established by the relevant International Conventions.

(iii) PYO is unable to accept responsibility for loss or expense caused by abnormal events during Your Holiday which are outside PYO's control. This includes circumstances such as (but not limited to) adverse weather conditions, traffic congestion, withdrawal or delays of ferries, trains, coaches, airline or other carrier services, strikes, civil commotion, road traffic diversions, technical fault or mechanical breakdown, the closure of airports or ports, war, threat of war, riot, industrial disputes, terrorist activity (actual or threatened), natural and nuclear disaster, whether affecting PYO directly or affecting its suppliers in relation to the Holiday.

(iv) PYO will not be liable for any failure or improper performance of this Holiday which is attributable to You or any member of Your party or for Your supply of incomplete, inaccurate or misleading information to PYO or any of its suppliers or agents.

All warranties, terms or other conditions not expressly set out in these Terms and Conditions (whether implied by statute or otherwise) are excluded to the maximum extent permitted by applicable law (including any term of merchantability, satisfactory quality, fitness for purpose, non-infringement or reasonable care and skill).

In any case, (except that PYO does not exclude or limit its liability for death or personal injury caused by its negligence or for fraud or in any other way that is not legally permissible), PYO shall not be liable for any loss of profits, anticipated savings or opportunities (whether direct or indirect) or any indirect, consequential or punitive losses, whether arising in contract, tort (including negligence) or otherwise in any way. Where PYO is liable for direct losses, such losses shall be limited to the total Holiday Price. This does not affect Your rights or the rights of any of Your party as a consumer.

9. Responsibility For Injury Or Illness
If You or any member of Your party suffers death, bodily injury or illness caused by the acts, omissions or negligence of PYO or PYO's suppliers (which expression shall be limited to mean the suppliers of Holiday services which PYO has contracted to arrange for You and shall also expressly exclude air, sea or rail carriers, in respect of which see below) sub-contractors, servants, and/or agents, PYO will accept responsibility provided that they were acting within the scope of their appointment or in the course of their employment when the incident giving rise to liability occurred. For travel by air, sea or rail conditions apply as in paragraph 8(ii).

If any payment is made to You or any member of Your party by PYO in any of the circumstances referred to in this section You must inform PYO of any claim for personal injury within three months of return from Your Holiday and PYO reserves the right to claim in Your place against the person or organisation responsible for causing the injury or illness.

10. Injury Or Illness Not Connected With PYO's Arrangements
If You or any member of Your party books any excursion, service or organised event which is not detailed as part of the Holiday itinerary booked through PYO, Your contract is with the company or party with whom You have booked. PYO will not be responsible for any excursions or activities outside the Holiday, and will have no liability for anything which may occur as a result of Your booking or going on any such excursions or activities.

11. Your Responsibilities
(i) It is Your responsibility that visas, passport, vaccination certificates and other health documents for all members of Your party are in order before departure. Should PYO agree to liase with the appropriate Consulate or Embassy in order to obtain the necessary permits or visas for Your Holiday, PYO is unable to accept responsibility for any decision, actions, losses or delays in relation to the application or grant of such permits or visas and the consequential effect it may have on the Holiday itself, except where caused by negligence of PYO or any of its employees or agents.

(ii) PYO cannot be held responsible for any loss, damage or accident to any luggage and property. They are at all times carried at their owner’s risk.

(iii) PYO considers adequate travel insurance to be essential. If You decide not to purchase PYO's suggested insurance, You must give details of Your alternative policy (insurer and policy number) on the Booking Form.

12. If You Have A Complaint
If You have any complaint You should make it known at the earliest opportunity to PYO's representative at the time so that the matter may be resolved right away. If the matter is not resolved to Your satisfaction You should contact our Registered Office in writing within twenty-eight (28) days of Your scheduled date of return and PYO will use all reasonable efforts to resolve the problem.

13. Data Protection Policy
In order to process your booking, PYO needs to collect certain personal details from You about You and Your party ("Personal Information").

This Personal Information will usually include the names, ages and addresses of You and Your party members, payment details and special requirements such as those relating to any disability or medical condition which may affect the Holiday arrangements. PYO holds Personal Information itself. PYO also currently uses a third party service provider to host its customer database but takes full responsibility for ensuring that proper security measures are in place to protect Personal Information.

PYO must pass some Personal Information on to the relevant suppliers of Your Holiday arrangements (agents for airlines, hotels, transport companies etc.).

Personal Information may be used to verify identity and protect against fraud. Personal Information may be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. PYO may also disclose Personal Information to protect or defend its rights and interests, and under serious circumstances to protect the personal safety of You and Your party.

PYO may contact with You or members of Your party by post, e-mail, or telephone for the purposes set out above.

PYO will also use Personal Information to inform You and Your party of offers, information, new services and promotions from PYO or its related companies in the future ("Promotions"). If You (or any member of Your party) do not wish to receive such approaches in the future then please let PYO know as soon as possible by telephone or letter or by email to sales@pyosouthafricatravel.com. PYO takes Your privacy and that of Your party seriously. If You are at any time unhappy about PYO's use of Your Personal Information, please contact PYO.

PYO will assume that You and Your party consent to (i) PYO's stated uses of Personal Information of You and Your party, above and (ii) receiving Promotions from PYO by virtue of having completed the Booking Form unless you have previously opted out or informed PYO to the contrary.

Except where expressly permitted by the Data Protection Act 1998, PYO will only deal with the Personal Information You give to PYO as set out above unless You agree otherwise.

You are entitled to ask for a copy of the personal information PYO holds about You. Please contact PYO in writing if You require this.

14. Bonding and Financial Protection
PYO does not arrange flights itself. However, PYO can assist you in obtaining flights by putting You in touch with a bonded agent. They are a bonded ATOL holder and will be pleased to organise suitable flights for You.

ATOL - which is short for "Air Travel Organisers' Licensing" - exists to protect the public from losing money or being stranded abroad because of the failure of air travel firms. It was first introduced in 1972 and it gives comprehensive consumer protection to people in the UK who buy flights or air holidays. All licensed firms have to lodge bonds (financial guarantees) with the CAA so that if they go out of business, the CAA can give refunds to people who have not travelled and arrange for people abroad to finish their travels and fly home. ATOL is a statutory scheme - that is a scheme based on a legal requirement for licenses managed by the Civil Aviation Authority (CAA).

15. English Law
All matters arising from Your contract with PYO are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.

16. General
The agreed Booking Form and these Terms and Conditions are the entire agreement between You and PYO on this subject matter ("Agreement"). These cancel and substitute all previous discussions, quotations, agreements and arrangements (whether oral or in writing) on this subject matter between You and PYO. If the Booking Form and these Terms and Conditions are inconsistent, the terms set out in these Terms and Conditions shall apply.

Any variation or amendment of this Agreement shall not be binding unless in writing, expressed to amend this Agreement and signed by both You and PYO. If any part of this Agreement is held to be illegal, invalid or unenforceable the remainder of the Agreement shall continue with full effect. No partnership, agency or other similar relationship is created between You and PYO by this Agreement. All waivers of any terms of this Agreement must be in writing; if either You or PYO fails to enforce or delays enforcing any term of this Agreement, this will not be regarded a waiver of that term.