1.1 This Agreement is between PANGEA INTERNATIONAL TOURS CC. trading as PANGEA a South African company with its principal office located in Cape Town, and you the website user or customer.
1.2 PANGEA :: www.pangea.co.za is an online tours, travel and honeymoon registry, and travel company which provides access to a online registry service where customers can select and purchase different tours or registry items.
1.2.1 The products sold on the website are for private use by customers,
1.2.2 PANGEA website users and shop customers are responsible for all and any hardware, systems and/or software programmes they may use or need and any costs incurred by them to connect to or use the internet.
1.2.3 PANGEA accepts no responsibility for any damages that may occur while using our Online Services.
1.3 Customers should read these terms and conditions carefully before using this website.
1.3.1 By browsing or ordering any of the products or services listed or provided by PANGEA. Site users and Shop customers agree to be bound by these terms and conditions.
1.4 PANGEA ('we' 'our' or 'us') maintains this site for the personal, non-commercial access
1.4.1 Customers and users of the site may not access this website, or of any of the content of, information and materials on it, by automated means. E.g. Robots or web spiders may not be used to access our content.
1.4.2 Users agree that they are persons who are lawfully permitted to use this site.
1.5 Please exit this site immediately if you do not accept the Terms and Conditions
2.1 PANGEA reserves the right, at our exclusive option and at any time to restrict or terminate a customer’s access to and/or the availability of this site or the services contained thereon or any feature or part thereof at any time without notice.
3. INTELLECTUAL PROPERTY3.1 All the content of, information and materials visible or readable in whatever form on the site and underlying software, including trade mark, logos, design, text, images, audio and video materials, clips and graphics, are owned by, or licensed to us and/or our associates.
3.1.1 Customers may download and burn materials contained on this site to a single personal computer provided that the following four conditions are met:-
3.1.1.1 the material is solely for non-commercial and personal use;
3.1.1.2 they do not remove or amend any trade mark, copyright or other proprietary notice from the material;
3.1.1.3 the material is not altered in any manner;
3.1.1.4 they are located in a country or other territory where the access of and use of this website is lawfully permitted.
3.2 Except as stated above, customers may not modify, copy, print, distribute, republish, display, reproduce, transmit or otherwise use any of the content of, information and materials on this website and underlying software and nothing contained on and/or in this website shall grant, whether by implication, or otherwise, any license or right to them to use any of the content of, information and materials on of this website and underlying software, without our prior express and written consent. No intellectual property or other rights shall be transferred to the customer.
3.3 The customer will not disrupt or interfere with the services or systems provided on the website or alter the website itself and/or any of the contents of, information and materials on this website.
4.1 Although we have taken reasonable care to ensure that all of the content of, information and materials on the website are accurate, the customer’s use of this site and the services is at their sole risk.
4.1.1 The website and the services and all of the content of, information and materials on it are provided "as is" and without representations or warranties of any kind, whether express or implied, including but not limited to the implied representations or warranties of merchantability, non-infringement of third party rights, and quality and/or fitness for a particular purpose, availability, accessibility and representations or any warranties that access to or use of this site and/or of the content of, information and materials on it will be uninterrupted or error-free, that the website and/or the content of, information and materials on it will be secure or free of viruses or other harmful material or elements, or that any of the content of, information and materials on this site will be complete, accurate, timely or complete
4.2 Where we provide links to other web sites, we do so for information purposes only and solely for our customer’s convenience, we are not and shall not be responsible for any such site and/or the content of, information and materials on any such linked web site or any part of it. We do not endorse any content, information, materials, products or services on any such linked web site, we have not reviewed any or all of the same and we do not necessarily support or approve any views or opinions expressed on such sites. Customers use such links entirely at their own risk. Their accessing, viewing, browsing and/or use of any such other web site and/or any of the content of, information and materials on it is conducted entirely at their own risk.
5.1 Both Users and Customers agree to defend, indemnify and hold harmless and shall continue to indemnify and hold harmless, on demand, us and our affiliates (including, without limitation, all their officers, directors, employees and agents) from and against any damages and/or losses, and/or any claim and/or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to their access, browsing or use of this website, content which you transmit to this website or your violation of any rights of another, which arises by and/or pursuant to their breach of the Terms and Conditions.
5.2 Should we at our sole discretion, determine that a customer has breached the Terms and Conditions, then nothing herein shall prevent or in any way restrict our right to pursue any of its legal and/or other remedies, including, without limitation, court action.
6.1 PANGEA shall take all reasonable steps to protect the personal information of users. 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). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
6.2 To utilise the services contained on the Site it is necessary to register with us and provide us with certain information. Customers agree to provide accurate registration data to us and to regularly update such data as and when necessary.
7.1 Customers agree to pay for all selected products, tours and or other services purchased through the website and PANGEA may charge their credit card for any such payment(s). Payments may be posted to customer’s credit cards individually or may appear aggregated with other purchases made on the website.
7.2 Credit card will only be charged after we have checked their card details and received the necessary authorisation. Customers are responsible for keeping their Site account secure and confidential and will be responsible for any charges that are incurred by any person through their account. If any of the Site account details change, customers must update that information in the client’s area of the Site.
7.3 We may change the price of products available on the Site and whilst we endeavour to ensure that all prices on the Site are accurate, errors may from time to time occur and any order made by customers will be treated as cancelled where the price is incorrectly listed on the Site unless customers confirm they wish to proceed once informed by us of the correct price of the product.
7.4 Customers agree that any submissions they make for electronic purchases constitute their agreement to comply with the terms of and to pay for such purchases.
8.1 Nothing contained in these Terms and Conditions of Sale shall be or shall be deemed to be a grant or waiver (or other limitation) of any rights of any copyright owner in any content, sound recording, musical composition, or artwork contained in any product sold on the Site
8.2 The purchase by customers of products hereunder does not transfer to them any commercial or exploitative rights in connection with such products.
9.1 Payment may be made via Visa, Master Card, Diners or American Express credit cards or by bank transfer into the PANGEA Online bank account, the details of which will be provided on request
10 CREDIT CARD AQUIRING AND SECURITY10.1 Credit card transactions will be acquired for PANGEA Online by VCS who are the approved payment gateway for a number of South African Banks. VCS use SSL3 and no credit card details are stored on the website. Users may go to www.vcs.co.za to view their security certificate and security policy.
11 CUSTOMER DETAILS SEPARATE FROM CARD DETAILS11.1 Customer details will be stored by PANGEA separately from card details which are entered by the client on VCS’s secure site. For more detail on VCS refer to www.vcs.co.za
12 MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY12.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).
13 RESPONSIBILITY13.1 PANGEA takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
14 DORMICILE14.1 This website is governed by the laws of South Africa and PANGEA Online chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
14.2 Customers are responsible for compliance with any applicable laws of the country from which they are accessing this Site.
15.1 PANGEA may, in its sole discretion, change this agreement or any part thereof at any time without notice.
16 REFUND We are committed to providing a quality service, and to delivering quality products to our customers. Electronic products purchased from the regsitry are not capable of being cancelled or refunded once delivery has taken place, except where downloaded products are found to be faulty. Where this is the case, customers should contact info@pangea.co.za and arrangements will be made either for replacement products to be delivered, or for payments to be repaid to their credit card.
17.1. APPLICATION
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Pangea International Tours are subject to these terms and conditions (‘the Conditions’).
17.2. 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/s in whose name the estimate or quotation or reservation is requested and/or provided and/or the person/s to whom the services are rendered (collectively referred to as ‘the Client’).
17.3. THIRD PARTY SERVICE PROVIDERS
Pangea International Tours provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (‘collectively referred to as ‘the Principal’). Pangea International Tours represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, cancellation or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill its 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. Pangea International Tours will provide the identity, terms and conditions of all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).
17.4. BOOKING, DEPOSIT &
RESERVATION
Once the Client has filled in the travel enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’), Pangea International Tours will prepare and provide the Client with an estimate (by hand, telefax or e-mail) (‘the Estimate’).
Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct, Pangea International Tours will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’). A non-refundable deposit (‘the Deposit’) equivalent to 20% of the land arrangement costs of the Proposed Travel Arrangements (‘the Price’) plus the full amount including taxes for the air travel portion, for each person as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking’), subject to payment of the balance of the Price in due course as specified herein. Where a property insists on payment of a higher deposit than 20% to confirm the reservation, this higher amount will then be payable. Pangea International Tours will not confirm any reservation if the Deposit and a signed Quotation are not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of your Booking (‘the Booking Confirmation Form’), which the Client must sign and return to Pangea International Tours. The Deposit is accepted as part of the inclusive Price as specified in the Booking Confirmation Form, and will only be refunded if the application cannot be accommodated. Deposits need to be received within 48 hours of receipt of the Quotation to prevent airlines or hotels from cancelling seats. Should an airline cancel a Client’s seats due to non-payment within 48 hours, the Client will be responsible for the difference in seat price, should Pangea International Tours be unable to re-instate the booking on the original seat class.
17.5 GROUP BOOKINGS
In the event of a group booking, Pangea International Tours will advise on the cost per person based on a confirmed group number. Acceptance of the quote by the client (in this case the group leader or head organiser corresponding with Pangea Internaitonal Tours) will be deemed to have been made on receipt of written notification or receipt of final names of individuals in the group(pax). On acceptance of this quote and receipt of the final names relevant to the group, the client (group leader or suchlike) acknowledges that any deviation in confirmed pax from this final figure (or names of pax on the list confirmed by the client and acknowledged by Pangea International Tours) will be for the clients account. Pangea International Tours will not be liable for costs relating to a shortfall or additional numbers (confirmed people going on the trip). At the end of the services rendered by Pangea International a final account will be sent to the client for any deviations from the initial quote sent. Pangea International Tours works strictly on a COD basis in this regard.
17.6. 1)PAYMENT AND PAYMENT TERMS
The balance of the Price is due not less than eight weeks prior to the date of departure. Bookings made within eight weeks of the departure date must be paid in full immediately. If the final payment is not received on time, the travel documents can be delayed or Pangea International Tours may cancel the Booking. Late payment may also result in cancellation of the reservation by the Principal. The Client undertakes to pay Pangea International Tours interest at a rate of 5% above the prime rate charged by Pangea International Tours’ bank on any payment made after the due date.
1. Cash or EFT Transfers: Pangea International Tours accepts 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.
2. Cheques: Bank issued cheques only. Please note Pangea International Tours requires 10 working days to clear all cheques before documents can be issued. Should this period extend past the due date clause 5.1 will come into effect.
3. Credit Cards: When paying by credit card the Client will be required to complete Pangea International Tours’ credit card authorization form. Acceptance of credit card payments is at Pangea International Tours’ sole discretion and may be subject to a surcharge of 5%.
17.7. PRICES
Prices are quoted at the ruling daily exchange rate. Until Pangea International Tours has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by Pangea International Tours.
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 Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal cancelling the Booking and retaining any payment made (Pangea International Tours will be entitled to retain any service fees charged).
17.8 . AMENDMENTS
Should the client amend their booking at any stage, either in the form of a date change, itinerary amendment or any change whatsoever, Pangea International Tours reserves the right to charge an amendment fee per booking. One itinerary amendment is free, thereafter each change may be charged at R300 per booking, over and above the tour cost.
17.9. RESPONSIBILITY
The Proposed Travel Arrangements are made on the express condition that Pangea International Tours, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless Pangea International Tours, its employees and agents accordingly. Pangea International Tours, its employees and agents shall further more not be liable for any indirect and/or consequential loss or damages whatsoever.
17.10. INSURANCE
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 (Note that is not an exhaustive list). Pangea International Tours will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon Pangea International Tours to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by Pangea International Tours pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and Pangea International Tours shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which Pangea International Tours does not consider sufficient cover. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
17.11. TRAVEL DOCUMENTS
Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full and subject to all other clauses stated within this document
17.12. PASSPORTS, VISAS & HEALTH
It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with Pangea International Tours before travelling.
Pangea International Tours will endeavour to assist the Client but such assistance will be at the Pangea International Tours’ discretion and the Client acknowledges that in doing so, Pangea International Tours is not assuming any obligation or liability and the Client indemnifies Pangea International Tours against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.
17.13. CANCELLATION
The Principals or Pangea International Tours may reserve the right to cancel any tour before departure, in which event the amount received by the Principal to be refunded to the Client will remain subject to the Principals Terms and Conditions without any further obligation on the part of Pangea International Tours.
In the event of Client cancelling the Booking with the consent of Pangea International Tours, then over and above such cancellation fees as each airline may charge and for which the Client is liable, the following will apply:
* More than 8 weeks prior to departure – Pangea International Tours will retain the full deposit, but any amount paid in excess thereof will be reimbursed to the Client
* Less than 8 weeks prior to departure - Pangea International Tours will retain the full deposit, and a cancellation fee equal to 40% of the land arrangements will be payable by the Client
* Less than 30 days prior to departure - Pangea International Tours will retain the full deposit, and a cancellation fee equal to 70% of the land arrangements will be payable by the Client
* Less than 15 days prior to departure - Pangea International Tours will retain the full deposit, and a cancellation fee equal to 100% of the land arrangements will be payable by the Client
* For the Mafia Island Dance Festival - More than 8 weeks prior to departure - Pangea International will retain 50% of the full amount invoiced, and a cancellation fee equal to 50% of the land arrangements will be payable by the Client
* For the MAfia Island Dance Festival - 8 weeks and less prior to departure - Pangea International will retain 100% of the full amount invoiced, and a 100% cancellation fee equal to the land arrnagements will be payable by the Client
17.14. ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to the final itinerary, Principals and/or Pangea International Tours reserves the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one
17.15. BREAKAWAYS
While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.
17.16. LAW & JURISDICTION
South African law and the jurisdiction of South African courts will govern the relationship between the Client and Pangea International Tours. Pangea International Tours shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
17.17 CONDUCT
The Client agrees that he/she will at all times comply with Pangea International Tours’ or others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the tour.
17.18. SPECIAL REQUESTS
Clients who have special requests, must specify such requests to Pangea International Tours in the Enquiry or in response to the Estimate. Whilst Pangea International Tours will use its best endeavours to accommodate such requests, it does not guarantee that it will.
17.19. AMENDMENTS
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 authorised representative of Pangea International Tours.
17.20. REFUNDS
No refunds will be considered in any circumstances whatsoever, although Pangea International Tours may, at its sole discretion, consider a refund in the event of death or serious illness of the client. Refunds by the Principals (be it airlines, accommodation, service providers of any sort )will be subject to their terms and conditions.
17.21. CURRENCY DECLARATIONS
The Client must lodge a currency declaration (in the event of trans-border travel) with Pangea International Tours before the travel documents will be released.
17.22. FOREIGN EXCHANGE REGULATION COMPLIANCE
This is the Client’s exclusive duty. This will apply especially when the Client instructs Pangea International Tours to make and pay for travel arrangements on the Internet.
17.23. e-TICKETING
The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR. The onus remains on the client to ensure that all tickets received from Pangea International Tours have the correct names of each travelling member as per their passport.
17.24 NO-SHOW on flights
If a client does not show for their flight and fails to advise Pangea International Tours at least 72 hours prior to departure of their intention to miss their flight, and should they not receive written acceptance of this notification from Pangea International Tours and a further written advise of the cancellation of their ticket, then this will be deemed by the airline to be a "No-Show" . Subject to the airlines rules and regulations, the client will incur all costs charged by the airline for not cancelling the ticket in advance. PLEASE NOTE: This charge is entirely related to the airline rules and regulations and may be considerably more than what the passenger initially paid for their flight ticket. The onus remains with the passenger to check or rules and regulations related to a ticket before booking and paying for the ticket. Pangea International Tours will not be held liable for any ADM / or related costs billed as a result of a clients failure to appear for their flight or "No-show". Pangea will hand on all related charges to the client for their account.
17.25. LIMITATION OF LIABILITY
Pangea International Tours, its officers, directors, servants or agents will under no circumstances be liable for any claim for any loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of Pangea International Tours whatsoever, unless such claim is due to the gross negligence of Pangea International Tours and such claim is lodged in writing with Pangea International Tours within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R10 000, 00 per Client per Booking and under no circumstances will Pangea International Tours be liable for any indirect or consequential loss or damage.
17.26. LEGAL FEES
The Client will be liable for all legal fees on an attorney and own client scale in the event that Pangea International Tours has to engage a lawyer to enforce or defend any of its rights or otherwise.
17.27. CONFIDENTIALITY
Pangea International Tours undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
17.28. CONFIRMATION OF TRAVEL ARRANGEMENTS
All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure. Whilst Pangea International Tours will endeavour to assist the client in this respect, the onus of reconfirmation remains with the client.
17.29 MAFIA ISLAND DANCE FESTIVAL
PANGEA INTERNATAIONAL TOURS CC is an independent retail and wholesale travel services company that functions independently from any other individual or business entity/ supplier/ wholesaler of travel or related services.
The Organisers of this event/festival EQUININDRA LTD acts as the Prinicpal for this event. PANGEA INTERNATIONAL TOURS CC will provide the logistics for all travel related services for this event but remains independent of the event.
Pangea International Tours represents the Principal (EQUININDRA LTD) as agents only and accordingly accepts no liability for any loss, damage, injury, cancellation or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill its obligations, whether in relation to travel arrangements, accommodation or otherwise.
The contract in use 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 in this case EQUININDRA LTD.
In the unlikely event that this festival is cancelled by the organisers (EQUININDRA LTD), any right of recourse that the Client may have will be solely against the Principal in this case EQUININDRA LTD.
Pangea International Tours CC will remain governed by the Terms and Conditions in this document.
Cancellation of the festival/event is at the Principals sole discretion
In the event of the festival being cancelled by the Principal, and the subsequent request by the client to cancel any services already paid for, this will be deemed a cancellation by the client and the above Terms and Conditions in section 17.13 will apply
17.30 PROMOTIONAL VOUCHERS
Pangea Ski Vouchers are valid for the periods stipulated only. If A client cancels their European Ski Holiday, the Pangea South American Ski voucher will still be valid for the period stilpulated on the voucher
17.31 ENTIRE CONTRACT
The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Pangea International Tours or otherwise that is not included herein.
17.1 This website is run by PANGEA INTERNATIONAL TOURS CC (close corporation) based in South Africa trading as PANGEA and with registration number # 2005/002698/23,
PANGEA : Members SC FANNIN
PANGEA CONTACT DETAILS
Support : info@pangea.co.za
Telephone: +27 82 414 7567
Fax : +27 21 788 6539
Copyright © PANGEA INTERNATIONAL TOURS CC. 2007