INTRODUCTION
Hello Islands (“Hello Islands”, “we”, “us” or “our/ourselves”) is an online booking travel agent, (“Agent”). Our agreement with you sets out what you are legally entitled to expect from and your obligations to us. We sell products and services as an Agent on behalf of airlines, hotels, including wholesale companies and other service providers including accommodation and transportation services.
You should make sure that you understand the terms and conditions which apply to your particular arrangements in addition to these general terms and conditions. By proceeding to purchase the services offered by Hello Islands and using the Website, either for browsing purposes or in order to purchase a Service, you, the user of the Website, agree to be bound by these Terms and Conditions (the “Terms”), as set out below.
We reserve the right, without notice and in our sole and absolute discretion, to make changes to these Terms of use. It is your responsibility to review our Terms of use on each occasion prior making use of our services. If you continue to use our systems and services after our amended terms of use has been published, it shall constitute an acceptance of the amended terms of use.
1. DEFINITIONS
1.1. In these Terms the following words and/or phrases will have the following meanings:
1.1.1. “us”, “we” and “our/ourselves” means Hello Islands, a company duly registered in South Africa, with registration number 2016 / 262863 / 07, and having its registered address at 8C Blanc de Noir contactable on 021 201 6690;
1.1.2. “Content” means the information, content, tools or materials included on or otherwise made available to you through the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, as well as the facilities which enable the user to purchase Services and/or view information about services;
1.1.3. “Force Majeure” means any event which Hello Islands or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside of our control.
1.1.4. “Services” means the various services Hello Islands provides as a travel or booking agent for Travel Service Providers, as the case may be;
1.1.5. “Travel” means the date of departure from one place to another;
1.1.6. “Travel Service Provider” means airlines, hotels, car hire companies tour operators, cruise companies, rail operators, visa service companies, consulates and embassies, travel insurance companies, foreign exchange operators;
1.1.7. “Website” means www.helloisland.co.za;
1.1.8. “you”, “user” means the user of the Website, and shall further be deemed to include the holder of an account or the purchaser of the Services.
2. PART 1: TERMS AND CONDITIONS
2.1. You may not use our Website, but only for the following specific purposes:
2.1.1. to browse through the Content of our Website, to view and purchase Services offered by us and/or view information on the Services offered.
2.2. The following actions shall constitute a material breach of these Terms:
2.2.1. signing in as, or pretending to be, another person;
2.2.2. transmitting material that will/or is likely to infringe or violate the intellectual property rights of other persons, or the privacy or publicity rights of other persons;
2.2.3. using the Services in a way that is intended or likely to harm us, the Website or to other users of the Website; and
2.2.4. gathering information about other persons without obtaining our prior written consent to do so.
3. PART 2 : PRIVACY POLICY
3.1. We are committed to protecting your personal information. Your personal information refers to any information that can be used to identify you as an individual and includes your name, identity number, contact details and bank account information.
3.2. By giving us your personal information, you consent to our use of it in order for us to provide you with services, and personalise your use of our services. We may also use such information to inform you about changes in the services we offer and/or about features we think you would find of interest. We also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you.
3.3. You should note that we may monitor and keep records of any communication that you may send to, or receive from our Website, and we may use, publish and disclose such communications for any lawful purpose.
3.4. Proprietary rights (including the trade marks, copyright, intellectual property and patent rights) in our Website and the content thereof belong to us at all time, and/or our licensors.
3.5. Hello Islands makes no representations or warranties of any kind, express or implied, as to the operation of the Website and the Content, unless specified in writing. You expressly agree that you use the Website at your own risk.
3.6. Hello Islands does not warrant that the Website, Content, our servers and/or any electronic communications sent by, or from us, are free from viruses or other harmful components, and nor are we liable for any damage arising from said virus or harmful component.
3.7. Hello Islands will not be liable for any damage of any kind arising from your use of the Website, or from any Content, including, but not limited to, direct, incidental and/or consequential damage, unless otherwise specified in writing, save in respect of gross negligence.
3.8. Hello Islands makes no representations or warranties (other than as expressly stated in writing) about the suitability or correctness of the Content that is included on or otherwise made available to you through the Website, or about the soundness, completeness and accuracy of the Content. Therefore, you agree that you will not hold us liable for any claim of whatsoever nature (including, legal proceedings, damage, costs, interest, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime) arising out of or relating to your use of the Website or any Content that you access on the Website.
3.9. The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under our control, and we will not be responsible for any information, content or material on any linked websites, including, without limitation, any link contained in a linked website, or any changes or updates to a linked website.
4. PART 3 : TICKET PURCHASING TERMS AND CONDITIONS
4.1. Bookings
4.1.1. Bookings, save for late bookings as referred to hereunder, are confirmed on the condition that full payment in respect of the airfare, and any other Travel Service Provider is paid to Hello Islands within 24 hours of confirmation of your bookings.
4.1.2. Please note in respect of domestic bookings payment of the airfare must be made within 12 hours of confirmation of your booking failing which the airline shall automatically cancel such booking.
4.1.3. You will be advised at the time of booking what payment is required for your particular arrangements.
4.1.4. The total cost of your travel arrangements must be paid at the time of booking.
4.1.5. Hello Islands is in partnership Travelstart (NeXt) and will make use of their services to book air tickets, accordingly all International Airlines must be booked with your Credit Card. Hello Islands will only manage the flight arrangements and you make the booking.
Please note: FAILURE TO PAY ON TIME WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR BOOKING
4.2. Late Booking fees and Communication Expenses
4.2.1. In the event of a booking (except South Africa bookings) being made less than 7 days prior to the date of departure, Hello Islands reserves the right to charge for any extra communication expenses.
4.2.2. Full payment is due immediately on confirmation and is non-refundable on all late bookings.
4.2.3. Some bookings require full payment at the time of booking i.e. prior to confirmation. If we are unable to secure confirmation you will be refunded in full.
4.3. Price Changes
4.3.1. The costs associated with travel arrangements are not always stable, and currency movements can fluctuate sharply. It is impossible to predict these movements in advance.
4.3.2. When you book a package through us, we reserve the right to pass on any surcharges to you. Surcharges may be imposed to cover increases in transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates applied to the particular package.
4.3.3. Peak season surcharges and block out dates may apply.
4.3.4. All prices quoted on the Website are per person sharing.
4.3.5. Airfares are subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by Hello Islands. The onus is on the agent & the passenger to check that there have been no changes in these prices before making final payment thereof.
4.3.6. Should the client make a group reservation & subsequently the group numbers deviate from the minimum number required for the booking, Hello Islands reserves the right to re-cost the price and raise a surcharge.
4.3.7. Should any client refuse to accept and pay such surcharge, it may result in cancellation of the booking and forfeiture of all payments made.
4.3.8. Hello Islands guarantees the price of land arrangements, only once full payment is received.
4.4. Methods of Payments
4.4.1. Hello Islands makes use of PayFast payments processing service for South Africans and South African websites. When you make payment of your order charge, as well as any other applicable charges, online by providing Hello Islands with your Credit Card details: Hello Islands accepts the following credit card online for payment:
4.4.1.1. Visa, Visa Debit; and
4.4.1.2. Master Card, Master Card Debit.
4.4.2. If Hello Islands is unable to successfully process your credit card payment for your booking, every effort will be made to notify you and this may result in you booking being cancelled.
4.4.3. We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves.
4.5. Insurance
4.5.1. It is strongly advised that all clients take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment.
4.5.2. Hellos Islands will not be responsible or liable if the client fails to take adequate insurance cover or at all.
4.5.3. It shall not be obligatory upon Hello Islands to effect insurance for the client except upon detailed instructions given in writing and all insurance effected by Hello Islands pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or the underwriters accepting the risk, and Hello Islands shall not be obliged to obtain separate cover for any risks so excluded.
4.5.4. Should the insurers dispute their liability for any reason; the client will have recourse against the insurers only.
4.5.5. Once the insurance has been confirmed and paid for, the client will be issued with a policy document of the insurer. It is a complex document, which must be READ BEFORE you initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.
4.5.6. Please note that various credit card companies offer limited levels of travel insurance, which Hello Islands does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain specific details of the cover.
4.6. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions, the need for constant maintenance, and the ability of passengers to check-in on time. There is no guarantee that flights, ferries, buses, ships, trains or coaches will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations.
4.7. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys once leaving South Africa and Hello Islands hereby specifically excludes any liability for any delay and/or loss as a result of your failure to reconfirm any flight and/or connecting flight.
4.8. Documents
4.8.1. Documents (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price, and signed & completed Booking Form, and will be ready 1 (one) week after payment has been received. Normally your travel agent will arrange collection of your documents.
4.8.2. It is important that you check all details of your travel documents (including your itinerary) before leaving South Africa.
4.8.3. If there are any inaccuracies on any of your travel documents, or should you have any further queries, you should contact your travel agent immediately. Hello Islands will not be liable for any delay and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof and you have left South Africa.
4.9. Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of Hello Islands, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the passenger. Hello Islands accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.
4.10. Changes by You
4.10.1 If you wish to make a change to your booking we will endeavour to assist you to make the change wherever this is possible. You will have to pay all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements when amending a booking any time prior to departure. Fares will be re-quoted at the time of amendment.
4.10.2 After departure it is understood that extra expenses incurred as a result of any change will be for the passenger’s account, and any unused service will not be refunded.
4.10.3 Amendments and cancellations en route must be made with our operators directly.
4.11. Cancellation by You
4.11.1. If you wish to cancel your booking you must advise your travel agent immediately, who will in turn advise Hello Islands. You will be liable to pay the following cancellation charges:
4.11.1.1. Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances this may be 100% of the total fare, regardless of when cancellation is effected.
4.11.1.2. Where your booking is for a package, you will be responsible for all cancellation charges, of whatsoever nature, imposed by the suppliers providing the component parts of such travel arrangements.
4.11.1.3. Hello Islands charges a cancellation fee equal to 10% of the package price on any finalised booking. However, Hello Islands reserves the right to charge a cancellation fee of up to 100% of the total package, in its sole discretion, in particular circumstances. Any monies, which you have already paid to us, will be taken by us as payment or part payment of any cancellation charges.
4.12. Our Right to Change Your Travel Arrangements
4.12.1. A significant change to your travel arrangements would include a change in the departure date from South Africa; where the flight times are changed by more than 12 hours or a change to a lower standard of accommodation to that which is booked. In these instances of significant changes to your travel arrangements. Hello Islands undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.
4.12.2. All other changes are minor changes. A minor change can be made at any time and, if practicable, we will advise you of any such change prior to departure but we are not obliged to do so. Such minor changes may be made by Hello Islands, in its discretion, who will not be responsible or liable for the payment of compensation to you as a result of such minor changes.
4.12.3. Every effort is made by Hello Islands to adhere to confirmed itineraries; however, we reserve the right to make changes to your travel arrangements when it becomes necessary to do so.
4.12.4. Should any travel component be confirmed by Hello Islands and this component is cancelled by the supplier for whatsoever reason, then in such instances Hello Islands will accept no liability for the cancellation thereof.
4.12.5. Hello Islands reserves the right to cancel a tour prior to departure due to insufficient numbers or other unforeseen circumstances.
4.13. Airline Refund Procedures
4.13.1. Refund policies of the various airlines vary greatly. Tickets returned to Hello Islands, will be presented to the relevant airline for assessment. Should a refund be authorised, such refund will be made to you, less any cancellation or administration charges.
4.13.2. If payment for the ticket was made to Hello Islands by credit card, the refund will be made to your credit card. Cash payments will be refunded by EFT.
4.13.3. Partly used tickets will be refunded at less than the pro rata rate on the face value of such ticket.
4.13.4. Refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by Hello Islands.
4.13.5. Unused tickets must be returned to Hello Islands for a refund within one year from the date of issue or they will be regarded as expired by the airline and have no refund value.
4.14. Complaints
4.14.1. In the event that you have any reason to complain, or experience any problems with your holiday whilst away, you must immediately inform the supplier of the services in question.
4.14.2. If you are still dissatisfied, you must notify Hello Islands immediately to enable us to resolve the problem. Failure to give us the opportunity to resolve any problem at the time it occurs may result in either a reduction, or complete extinction, of any rights which you may have to claim compensation.
4.14.3. If you remain dissatisfied, contact the Customer Services Manager within 28 days of the unsatisfactory service, giving your booking reference and full details of your complaint on email: info@helloislands.co.za.
4.14.4. Whilst every effort will be made to resolve your complaint to your satisfaction, it is specifically recorded that Hello Islands in no way accepts liability for any claim.
4.15. Passports, Visas and Health
4.15.1. It is entirely the clients duty to ensure that all passports & visas are current, valid, obtained on time and that any vaccinations, inoculations, prophylactics (e.g. for malaria) and the like, where required, have been obtained.
4.15.2. Passports must be valid for 6 months after return to South Africa. Please check the requirements with Hello Islands before travelling.
4.15.3. Hello Islands will endeavour to assist the client but such assistance will be at Hello Islands discretion and the client acknowledges that in doing so, Hello Islands is not assuming any obligation or liability and the client indemnifies Hello Islands against any consequences of non-compliance.
4.15.4. It is the Clients duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements. The client must ensure that the details supplied to Hello Islands mirror those details shown on their passport for international travel and ID documents for local travel.
4.16. General Information
4.16.1. Hello Islands will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
4.16.2. We can pass on any special requests that you may wish to make at the time of booking, but acceptance of such requests is at the discretion of the airline or other supplier and in no circumstances are special requests guaranteed. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on your confirmation invoice or any other documentation, is not confirmation that the request will be met.
4.16.3. If you or any member of your party has any medical problem or disability which may affect your holiday, you need to give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation. We reserve the right to cancel the reservation should we become aware of any such medical problem or disability which has not been disclosed.
4.16.4. Hotels undergo renovations from time to time and take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work, dates may be provided. It is important to remember that these are subject to change and we are not always notified.
4.16.5. Any charges made to your credit card whilst away are your responsibility. Hello Islands will not be responsible, nor accept responsibility for having these charges reversed or corrected upon return to South Africa
4.16.6. Even if you have obtained an international drivers licence, please take your national driver’s licence with you.
4.16.7. Subject to statutory constraints or compliance with an order of court, Hello Islands undertakes to deal with all client information of a personal nature on a strictly confidential basis.
4.17. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
4.18. Responsibility and Limitation of Liability
Hello Islands act as agents only for local and international ground operators and airlines and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising. Hello Islands makes every effort to ensure that all the arrangements and services connected with a passenger’s itinerary will be carried out as specified in the most efficient and effective way possible. However, we do not have direct control over the provision of services by suppliers and, whilst they are in all cases selected with the utmost care, we do not accept liability for errors and omissions of such suppliers. The contract in use by such suppliers (which is often constituted by the ticket Issued by the Principal), shall constitute the sole contract between the supplier and the client and any right of recourse the client may have, will be solely against the supplier.
4.19. Jurisdiction of the Magistrate’s Court
Hello Islands shall be entitled, at its option to institute any legal proceedings arising out of or in connection with this contract in any Magistrate’s Court having jurisdiction in terms of Section 29 of the Magistrate’s Court Act No 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
4.20. Legal
This document together with Hello Islands’ standard booking form and Hello Islands invoice constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, and promise of the like not recorded herein.
Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Hello Islands or otherwise that is not included herein. No addition to the Hello Islands standard booking conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties. All costs and disbursements, including legal costs on the attorney and client scale incurred by Hello Islands in recovering any damages and payments payable by the passenger to Hello Islands, shall be for the passengers’ account. This agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa. The passenger hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement.
4.21. The Client and Authority
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as “the Client”).