Terms & Conditions
These are the Standard Terms and Conditions of Contract for ProTours.africa Ltd.
All Services rendered by or on behalf of ProTours Ltd (‘ProTours.africa’) to the Clients are subject to the terms and conditions (‘the Conditions’), as set out below.
Nature of the services rendered by ProTours.africa
ProTours.africa offers the service of an online Golf Tour Operator, with its primary focus on golf travel and accommodation pursuant to which the general public shall
i. have access to the website,
ii. be entitled to set certain travel, accommodation and/or other service criteria based on information gleaned from the website,
iii. request quotations and
iv. be entitled to confirm bookings and place reservations relating to its travel, accommodation and/or other service requirements
The Client and Authority
Any person(s) wishing to utilise the Services, indicates their acceptance of the Conditions by clicking on the “Send message” button on the “Get In Touch” section or Enquire Now, prior to the conclusion of any transaction with ProTours.africa. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED the Conditions and to have the authority to do so on behalf of the person in whose name the ultimate reservation or booking will be made (collectively referred to as ‘the Client(s)’).
Third Party Service Providers
ProTours.africa provides Clients with the Services either itself or acting on behalf of principals engaged in or associated with the travel and/or accommodation industries, such as hotels and/or other service providers or suppliers (collectively referred to as ‘the Principal’). ProTours.africa represents the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct of ProTours.africa or any person acting for or controlled by ProTours.africa) which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use 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. ProTours.africa shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal and to the extent possible, a copy of the terms and conditions applicable to the Client’s booking with the relevant Principal(s). It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
Booking Enquiries & Reservations
Once the Client has (i) completed all applicable fields to initiate an enquiry on ProTours’s website, or by any other means of communication including telephone or email, (collectively referred to as ‘the Enquiry’), we will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’). THE QUOTE IS ACCEPTED by the Client when confirmed via email or other means of writing.
Quotes are provided at the ruling daily exchange rate. Until ProTours.africa has received Payment, it RESERVES THE RIGHT to amend any Quote.
Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of Payment will be reflected in the Quote itself. The onus will be on the Client to check that there have been no changes in the Quote prior to making the Payment. However, once Payment has been received in the bank account for ProTours.africa, the Quote is guaranteed. Please be advised that ProTours.africa may charge service fees that are non-refundable in case of a cancellation. ProTours.africa ‘s cancellation and refund policy does not apply to the Principal suppliers and the client will be bound by the Principal’s cancellation and refund policy as well.
Quotations are valid for 7 days from the date of quote and prices are based on an individual person, yet secured against the total number of group members, if applicable. 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 Quote, which may affect the individual price per person.
Please note that all prices are subject to change and are based on availability, and will only be secured once payment is received.
Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). Once the Booking has been completed and the Client has authorized ProTours.africa to process the payment, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’).
Payment and Payment Terms
The Deposit / Full Payment must reflect in the bank account of ProTours.africa 7 days after a quote was accepted in writing, and a booking was made. A 50% deposit is required to secure all services booked. The balance is due 60 days prior to arrival. When a booking is made within 60 days of arrival the total amount invoiced will be due. If the Payment is not received as stated above, ProTours.africa or Principal involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING, in which event the full Payment (less any cancellation and administration fees) shall be refunded to the Client. In the event that the Payment was made after the aforementioned deadline, and should ProTours.africa inform the Client by means of a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the CLIENT WILL BE LIABLE for any difference between the original Quote and such higher price, and the revised Payment must reflect in the bank account of ProTours.africa before the deadline stipulated in the revised Quote in order to secure the Booking.
ProTours.africa is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South Africa. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. ProTours.africa shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant, or bank applicable to the confirmation of a Booking.;
These fees cover the costs incurred by ProTours.africa in booking and servicing your travel reservation. We reserve the right to charge a service fee for any additional services rendered.
The proposed travel arrangements are made on the EXPRESS CONDITION that ProTours.africa, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) 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 ProTours.africa or any person acting for or controlled by ProTours.africa accordingly.
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances 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 this is not an exhaustive list). ProTours.africa will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon ProTours.africa to arrange insurance for the Client (since this service does not fall within the scope of the Services).
ProTours.africa 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 in ProTours.africa’s view may not be sufficient cover for international travel. The CLIENT IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determines whether this is sufficient for the
Visas and medical inoculations are the client’s responsibility.
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Final Payment.
Passports, Visas & Health
It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements before travelling. ProTours.africa will endeavour to assist the Client but such assistance will be at ProTours.africa’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, ProTours.africa IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES PROTOURS.africa against any consequences of the Client’s failure to comply with any such requirements. It is the CLIENT’S DUTY to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination.
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. ProTours.africa’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.
Cancellation & Refunds
In the event of the Client cancelling the Booking, ProTours.africa shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by ProTours.africa, provided that ProTours.africa shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the Booking or reservation due to the death or hospitalisation of the Client. The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment (less ProTours.africa’s service fee) will be refunded by the Principal to the Client without any further obligation on the part of ProTours.africa. Principals may charge cancellation fees over and above the cancellation fees charged by ProTours.africa in terms of this Condition. Refunds by the Principals will be subject to their respective terms and conditions and by accepting a Quote from ProTours.africa, the Client also accepts the full Terms & Conditions enforced by all the Principals on his/her Quote.ProTours.africa may charge a fee for processing a request for refund.
In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of ProTours.africa, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S ACCOUNT.
Itinerary Variations & Transfers
While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and ProTours.africa shall NOT BE HELD LIABLE for any such variations. IT IS THE CLIENT’S DUTY to check each amendment to the itinerary.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and ProTours.africa. ProTours.africa 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.
Clients who have special requests must specify such requests in writing to ProTours.africa prior to the final confirmation of a Booking. Whilst ProTours.africa will use its best endeavours to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.
Amendments of these Conditions
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 authorized representative of ProTours.africa.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is the CLIENT’S EXCLUSIVE DUTY. This will apply especially when the Client instructs ProTours.africa to make and pay for travel arrangements on the internet.
E-ticketing: Documents required for travelling
It is the CLIENT’S EXCLUSIVE DUTY to ensure that it is in possession of all relevant travel documents prior to commencing with travels. For example, the Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation. Certain airlines require the physical credit card, used to make payment, to be presented at check-in or a copy of the credit card and the card-holders ID, in addition to the above mentioned documents. The requirement to have a valid passport or identity document will apply to all members of a travelling party and for each minor travelling (including infants).
Limitation of Liability
PROTOURS.africa, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, 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 PROTOURS.africa, or UNDER NO CIRCUMSTANCES WILL PROTOURS.africa BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
In the event that ProTours.africa has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that ProTours.africa is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.
Subject to statutory constraints or compliance with an order of court, ProTours.africa undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
The website is owned by ProTours.africa and the domain names are registered in the name of ProTours.africa. All intellectual property rights in and to the aforementioned vests in ProTours.africa. None of the content or data found on the Site may be reproduced, sold, transferred, or modified without the express written permission of ProTours.africa.
Changes & Modifications of these Terms and Conditions
ProTours.africa may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Site and/or the conclusion of a transaction with ProTours.africa will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be.
Access and Use
The Site is offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms. Access to and use of the Site is ENTIRELY AT THE CLIENT’S RISK. ProTours.africa may discontinue or suspend the Site at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act].
Personal and non-commercial Use Limitation
The Site is for the Client’s personal and non-commercial use. The content and information on the Site (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to ProTours.africa or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Site or its contents or information for any purpose (direct or indirect) other than conducting Enquiries for personal, non-commercial use, such as (for example) for reselling purposes. In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:
i. access, monitor or copy any content or information of the Site using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of ProTours.africa;
ii. violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
iii. take any action that imposes, or may impose, in the discretion of ProTours.africa, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
iv. deep-link to any portion of the Site for any purpose without express written permission of ProTours.africa.
The information, software, products, and services published on the Site may include inaccuracies or typographical errors. In particular, ProTours.africa DOES NOT GUARANTEE THE ACCURACY of the pricing, and other travel products displayed on the Site (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. ProTours.africa DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Site are intended as only general guidelines, and ProTours.africa DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.
ProTours.africa may make improvements and/or changes on the Site at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. ProTours.africa makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Site for any purpose, and the inclusion or offering for sale of any products or services on the Site DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by ProTours.africa. ProTours.africa hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of ProTours.africa or its affiliates. ProTours.africa is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. ProTours.africa and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.
In no event shall ProTours.africa and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Site or with the delay or inability to use the Site, or for any information, software, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability, or otherwise, even if ProTours.africa and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The Client AGREES TO DEFEND AND INDEMNIFY ProTours.africa and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
i. the Client or on the Client’s behalf [in excess of the liability described above]; or
ii. by third parties as a result of
a. the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
b. the Client’s violation of any law or the rights of a third party; or
c. the Client’s use of the Site.
No unlawful or prohibited Use
The Client WARRANTS UNCONDITIONALLY that the Client will not use the Site for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and ProTours.africa as a result of this agreement or use of the Site.
ProTours.africa’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ProTours.africa’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Site or information provided to or gathered by ProTours.africa with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and ProTours.africa with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Client and ProTours.africa with respect to the Site.
Any rights not expressly granted to ProTours.africa herein remain reserved.
All the terms and conditions displayed on the Site 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 ProTours.africa or otherwise that is not included herein.