A) USE OF THE WEBSITE:
1. COPYRIGHT AND REPRODUCTION
All the content on this site, including text, images, graphics, logos, icons, designs, colours, layouts, trademarks, database rights and other intellectual property in the content of this website are the property of Barefoot Breaks and its suppliers and are as such protected by South African and International Intellectual Property Law. You may reproduce any content of this website only for your own personal use and only for non-commercial purposes. Except as set out above, you may not modify, license, create derivative works from or transfer or sell any content, software or information obtained from this website.
2. CHANGES TO WEBSITE
Please be aware that Barefoot Breaks may alter the information on this website, including these terms and conditions, from time to time. Any amendment to the terms and conditions will, with immediate effect, be binding on users of the website.
Although Barefoot Breaks endeavours to ensure the technical and factual accuracy of all the content on the website. neither Barefoot Breaks nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials and products included and available from this site. Barefoot Breaks, its employees, agents and associates shall not be liable for any loss or damage of whatsoever nature that may be suffered, whether directly or indirectly, by virtue of any errors or inaccuracies on the website, or resulting from the use of or inability to use this site or the information contained hereon, including but not limited to direct, indirect, incidental, punitive and consequential damage. The specific details of properties and products are subject to change without prior notice.
4. EDITORIAL CONTENT & LINKS
This website contains content provided by third parties and hyperlinks to other sites. Barefoot Breaks does not screen or filter such content or the other sites or information available from the other sites, and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage our users to report any infringement, illegal or criminal content found on any of the sites available through links from this site in order to investigate whether such a link should be removed. Due to seasonal variations and currency fluctuations, rates shown are purely an indication of costs and whilst we do our level best to maintain their accuracy, they are indicative not final prices.
5. APPLICABLE LAW
This site is created, maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.
Barefoot Breaks will keep all personal information you give us as strictly confidential and no personal information will be made available to third parties, unless obliged to do so by law or legal process. Barefoot Breaks will protect all personal information including your name, e-mail address, mailing address and credit card details from unauthorised access and use. Barefoot Breaks may send e-mail messages to our customers with news and special offers and users may, by return mail, indicate whether they would prefer not to receive any such mail in future. This site may use "cookies" to customise it and make your visit to us more user friendly. Cookies cannot harm your computer in any way and are an industry standard. They are small text files that contain only information provided by you, the visitor, to the website. Furthermore, users may configure their browsers to not accept our cookies.
B) BOOKING TERMS AND CONDITIONS
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Barefoot Breaks CC Trading as BAREFOOT BREAKS (hereinafter referred to as Barefoot Breaks) are subject to these terms and conditions.
The information contained on the Barefoot Breaks site and quotations is an invitation to do business and not an offer. If you forward an offer to us, Barefoot Breaks shall indicate their acceptance thereof by return mail. Barefoot Breaks acts herein as an agent for our respective business partners and therefore any agreement resulting from the acceptance of an order is deemed to be an agreement between the relevant business partner and yourself.
3. 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 terms and 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’).
4. THIRD PARTY SERVICE PROVIDERS
Barefoot Breaks does not own, manage or operate aircraft, transport or hotels and merely facilitates your access to and use of such facilities. Barefoot Breaks provides Clients with travel and/or other services acting as agents for principals such as airlines or hotels (‘collectively referred to as ‘the Principal’). Barefoot Breaks represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury 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 fulfil 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.
5. BOOKING, DEPOSIT & RESERVATION
Barefoot Breaks will prepare a quotation for the proposed travel arrangements. A non-refundable deposit as specified in the quotation is required in order to confirm reservations with Principals, subject to payment of the balance of the price in due course as specified herein. Barefoot Breaks will not confirm any reservation if the deposit and a Booking Confirmation Form signed by the Client are not received. Should clients not sign and return the Booking Confirmation Form but make the deposit payment, they will be automatically deemed to have accepted our Standard Terms and Conditions. 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 24 hours of receipt of the quotation to prevent airlines from cancelling seats. Should an airline cancel a client’s seats due to non-payment within 24 hours, the client will be responsible for the difference in seat price, should Barefoot Breaks be unable to re-instate the booking on the original seat classes.
6. PAYMENT AND PAYMENT TERMS
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 is required in order to confirm the Booking, subject to payment of the balance of the Price in due course as specified herein. The balance of the Price is due not less than 30 days prior to the date of departure. Where a property insists on payment of a higher deposit than 20% to confirm the reservation or a period longer than the standard 30 days for full payment to be made, then these higher amounts/longer periods will then be applicable. Bookings made within 30 days of the arrival date must be paid in full immediately. If the final payment is not received on time, the travel documents can be delayed or Barefoot Breaks may cancel the Booking. Late payment may also result in cancellation of the reservation by the Principal. If you fail to make the final payment on or before the due date, your booking will be cancelled and you will forfeit the relevant deposit paid. Payment Methods:
All payments must be made by internet transfer (EFT into the Barefoot Breaks bank account) or credit card (Mastercard or Visa only) Payments are normally cleared within five business days. Cash and traveller’s cheques are not accepted.
Prices are quoted at the ruling daily exchange rate. Until Barefoot Breaks 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 Barefoot Breaks. 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 (Barefoot Breaks will be entitled to retain any service fees charged). Should any unavoidable price increases or additional charges be effected by the airlines, Principal or third parties, Barefoot Breaks shall be entitled to recover such costs from the client on invoice to this effect.
Should the client amend their booking at any stage, either in the form of a date change, itinerary amendment or any change whatsoever, Barefoot Breaks 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.
The Proposed Travel Arrangements are made on the express condition that Barefoot Breaks, 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 Barefoot Breaks, its employees and agents accordingly. Barefoot Breaks, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, worldwide epidemics such as SARS, Coronavirus etc, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment (note that is not an exhaustive list). Barefoot Breaks will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon Barefoot Breaks to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by Barefoot Breaks 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 Barefoot Breaks 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 Barefoot Breaks does not consider sufficient cover. Kindly check with the respective credit card companies in order to obtain the specific details of the cover as this is your responsibility.
11. TRAVEL DOCUMENTS
Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full. All vouchers, receipts and tickets issued by Barefoot Breaks to you are subject to the Principal’s terms and conditions.
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 Barefoot Breaks before travelling. Barefoot Breaks will endeavour to assist the Client but such assistance will be at Barefoot Breaks’ discretion and the Client acknowledges that the Client remains responsible for meeting these regulations, that Barefoot Breaks is not assuming any obligation or liability and the Client indemnifies Barefoot Breaks 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.
13. CANCELLATION BY BAREFOOT BREAKS
In line with procedures followed by tour operators globally, we may identify exceptional circumstances in which we need to cancel a tour prior to departure. If this happens, all amounts received for the booking, including the deposit, will be refunded to you. This will be considered full and final settlement of any liability of any kind, however it may arise, relating to the cancellation. Barefoot Breaks will make every effort to avoid misquotation. However, we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication. No refunds will be given by Barefoot Breaks for partly used vouchers or for no-shows.
14. CANCELLATION BY CLIENT
In the event of the Client cancelling the Booking with the consent of Barefoot Breaks, then over and above such cancellation fees as each airline may charge and for which the Client is liable, the following cancellation charges will apply: More than 30 days prior to departure – Non-refundable deposit paid;
Less than 30 days prior to departure – 100% of Land Arrangements Cost. Cancellations of bookings by the Client must be done in writing. Where cancellations are sent by e-mail, you must obtain an e-mail proof of receipt and retain written acknowledgement of receipt from Barefoot Breaks. In the occasional instance where Barefoot Breaks is able to obtain waivers of cancellation fees and/or secure an ex-gratia refund from suppliers, Barefoot Breaks will pass this on to you less a Service Fee. However, Barefoot Breaks makes no guarantees as to securing such waivers or refunds.
15. CANCELLATION DUE TO FORCE MAJEURE
a) A travel voucher for the full amount paid will be issued by our Principals (Airlines, Hotels, Ground Handlers) to be utilized within a reasonable period (time period to be defined by the Tour Operator based on the circumstances prevailing at the time of issuing) or;
b) A refund of payment made less a service fee (20% of total booking value) and cancellation fees levied by airlines and other third parties. The service fee is for
the consulting and administration (incl. foreign exchange and other bank charges on payments made to 3rd parties i.e. hotels, airlines, etc on your behalf) services provided to you in getting you to make an informed decision of your choice of tour package - this service will be deemed to have been fully discharged upon you
effecting payment of the deposit. In all circumstances you will be liable for the difference between the above amount and any deposits we have received.
16. 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 also include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster such as fire, floods or drought, adverse weather conditions, epidemics/pandemics such as SARS, Coronavirus and the like, fire, closure of airports, air traffic control delays, rescheduling of flights, hotels or airlines overbooking and technical problems and all similar events outside our control. We will refund monies based on the provisions of clause 15 (a) and (b) above. Any decision made in respect of tour services by independent operators to re-route or amend the itinerary due to any of the above or similar circumstances is at the discretion of the service provider and we shall not be liable for any claim whatsoever arising from such events. We will nevertheless use our best endeavours to obtain a refund or replace the holiday – always remembering we are at the mercy of the supplier.
17. UNSCHEDULED EXTENSIONS
In the unlikely event of there being unscheduled extensions to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Barefoot Breaks, its agents or the Principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client’s account.
18. ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to the final itinerary, Principals and/or Barefoot Breaks reserve 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.
19. BREAKAWAYS/VOLUNTARY VARIATIONS
While it is possible to break away from the itinerary, it is understood that any costs incurred in such voluntary variations initiated by the Client will be for the Client’s account.
20. LAW & JURISDICTION
South African law and the jurisdiction of South African courts will govern the relationship between the Client and Barefoot Breaks. Barefoot Breaks 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. If Barefoot Breaks has to bring legal proceedings against you to enforce payments of amounts owed to it, you shall be responsible to pay all costs Barefoot Breaks incurs in collecting the payment.
21. SPECIAL REQUESTS
Clients who have special requests, must specify such requests to Barefoot Breaks in their enquiry or in response to the quotation. Whilst Barefoot Breaks will use its best endeavours to accommodate such requests, it does not guarantee that it will.
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 Barefoot Breaks.
No refunds will be considered in any circumstances whatsoever, although Barefoot Breaks may, at its sole discretion, consider a refund in the event of death or serious illness of the client. Refunds by the Principals will be subject to their terms and conditions.
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.
25. LIMITATION OF LIABILITY
Participation in any tour or travel package arranged by Barefoot Breaks and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk. Barefoot Breaks, 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 Barefoot Breaks whatsoever, unless such claim is due to the gross negligence of Barefoot Breaks and such claim is lodged in writing with Bushscapes 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 Barefoot Breaks be liable for any indirect or consequential loss or damage. The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against Barefoot Breaks for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour. Barefoot Breaks acts solely in the capacity of an agent for third parties and as such Barefoot Breaks holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/ dissatisfaction caused by third party products and services. Barefoot Breaks shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect Barefoot Breaks to have discovered the product failure having regard to Barefoot Breaks’ role in arranging access to the third-party products and services on behalf of the Client.
26. LEGAL FEES
The Client will be liable for all legal fees on an attorney and own client scale in the event that Barefoot Breaks has to engage a lawyer to enforce or defend any of its rights or otherwise.
27. 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. If you do not, your reservation may be cancelled or you may be inconvenienced by airline-initiated amendments.
Please take note that we are unable to provide any advice relating to the COVID-19 virus and therefore shall not be liable for any loss or damage directly or indirectly caused by COVID-19, and shall not be liable for any damage, losses and expenses suffered as a result of sickness, quarantine, weather conditions, or any other cause outside our control. It is the traveller’s responsibility at all times to ensure that they are compliant with all the applicable Government regulations under the Disaster Management Act for
Please note that should you fail to adhere to these regulations, and such failure results in a loss in respect of the booking, Barefoot Breaks shall not be liable for such loss.
29. 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 Barefoot Breaks or otherwise that is not included herein.