ASG Terms and Conditions
By using our website and services, you agree to the following terms and conditions between ASG Holdings (Pty) Ltd 2021/010590/07 trading as ASG (“ASG”) and yourself:
- You hereby acknowledge that you are 18 years of age or older and that you understand and have the legal capacity (and authority) to enter into this contract and transact with us and agree with the Terms and Conditions below, on behalf of yourself and those that accompany you (e.g. the “Attendees”). It is your responsibility to bring these terms and conditions to the attention of the payer and all Attendees, and it will apply to our relationship with you and them (hereinafter collectively called “the Client” or “you” or “your”).
- If you forward an offer to us (“the Order” or “Booking”), ASG will provide you with a Quotation and/or Invoice which you must review and check to correct any mistakes thereon, before finally confirming a Booking to us. Payment against our invoice will be deemed to be an indication of your acceptance of the quote/invoice (and its contents), and these terms and conditions. No agreement will come into existence until ASG accepts your instructions regarding the Booking and provides you with our invoice and a payment option.
- NOTE THAT we act herein as an agent for our respective business partners (“Suppliers”) and therefore any agreement resulting from the acceptance of an Order is deemed to be an agreement between you and the relevant Supplier. This means that any issue regarding the Supplier or their refund or cancellation charges must be directed to them. All business conducted with our Suppliers are subject to the Supplier’s terms and conditions, and you are responsible for familiarising yourself with the Suppliers terms and conditions, which apply to you as their client. The Client by their electronic signature and by accepting the Terms & Conditions on our payment portal is deemed to have read, understood and agreed to be bound by these Terms and Conditions, which incorporates Supplier terms & conditions. Any misconception about the transaction or the implications thereof should be brought to the attention of the Supplier before making a Booking, as the Services offered by us, is sold or offered ‘as is’ (voetstoots).
Booking Terms and Conditions
- Please ensure that the details pertaining to your Booking are captured correctly in each quote and invoice, as we accept no responsibility for any loss, damages, delays or cancellations occasioned by incorrect information supplied by you, or recorded in our invoice, unless the reservations provided to you upon arrival differs from that which you entered in our Website and as displayed on our invoice.
- All prices are quoted in ZAR (South African Rands), except if clearly indicated otherwise, and must be made free of deduction, set-off or bank or currency exchange charges.
- Quotations are valid for 5 working days (as applicable in South Africa), and are subject to the terms set out therein, and exclude all items, services and charges not specifically listed in the Quote, such as, amongst others: drinks, laundry, personal services, communication charges, business services, gratuities, porterage, incidental expenses such as charges for excess luggage, no-show charges etc., excluded beverages, unpaid room extras or optional activities, credit card fees, (hereinafter referred to as “extra’s”). Such extra’s are not included in ASG’s quote or invoice and are therefore for your own account.
- ALL CHANGES AND CANCELLATIONS TO YOUR BOOKINGS MUST BE MADE IN WRITING AND ARE SUBJECT TO THE SUPPLIER’S TERMS CONDITIONS AND THEIR CANCELLATION POLICY AND OUR CANCELLATION POLICY (4 BELOW). Should a refund be due to you in terms of any law, funds are refunded based on the Supplier’s decision and instructions, less our bank charges and our reasonable cancellation charges (subject to applicable legislation) to which you agreed.
- We accept payments through an online payment processor, being either Peach Payments, PayPal.com or Exchange4free, and these online payment processors all accept credit and debit cards, or you can make payment through direct EFT (Electronic Funds Transfer) to our Bank account held at Nedbank.
- We require a 30% deposit (“Deposit”), which is payable within 48 hours of Booking, except for scheduled air travel, which requires 100% payment upon Booking. However, we reserve the right to require greater deposits in instances of specialist products and/or for Bookings over the peak travel season.
- The remaining balance is due and payable no later than 8 weeks (60 days) prior to travel; or, where your Booking is made less than 8 weeks (60 days) prior to travel, we require 100% payment up front.
- A Booking is only confirmed and secured once we have received the funds (full payment has cleared) in our bank account, subject to the terms of the rest of this agreement. Should any discount be applied, the discount is realized upon the full and final payment.
- We will use our best efforts to contact you with payment reminders, but please note that if a payment is not received on time or in the correct amount we reserve the right to release your reserved Booking(s), regardless of any payment(s) already received, without penalty or liability to us.
- In the event of the fluctuation in charges (including exchange rates, airfares, taxes and other land arrangement costs forming part of the Booking) beyond our control, ASG reserves the right to pass on the relevant increases to you, with due notice to you, and the Client agrees to pay any such increase in cost. Foreign Currency received by us will be converted to ZAR at the date on which the payment is received in our bank accounts, for the conversion rate offered by our bankers on that date, and that converted amount received is your responsibility, as we will not be held liable for any loss due to currency conversion rates at any point in time.
- ASG charges a Booking Fee equal to 22% of the Total Booking Value and this fee is earned by us upon your confirmation of the Booking. Once earned the aforesaid Booking Fee is immediately payable and not refundable, and you specifically agree that it may be subtracted from any monies paid to us or held by us. We may in some instances receive commission from suppliers.
- Unless otherwise agreed we do not handle cancellations/refunds and you the Client are obliged and hereby agree to handle cancellations/refunds directly with Suppliers with whom you contracted. It is totally in our discretion to assist you with this process or not. If the relevant Supplier agrees to a refund ASG shall facilitate the refund as required by our Central Bank regulations, subject to our standard service fees for the administration of such refund and our banking charges.
- If any chargeback is authorised by a Client’s card issuer, then the Client hereby indemnifies ASG against such damages or losses suffered by it where the Supplier does not or is unable to refund ASG, and ASG is out of pocket.
- No cooling off period (for you to cancel your Booking) applies to your Booking, as it is for special order goods and is for leisure services, accommodation, and travel for a specified date, as defined in the applicable legislation.
Subject to 2.4 and 5.1 above, any changes made by you to your initial Booking and which results in the reduction of costs for your revised Booking will be regarded as a partial cancellation or as the case may be a full cancellation (if you so cancel your entire Booking), and the following rules will apply to the partial or full cancellation of your Booking:
- Between the date of Booking and 61 days prior to arrival – forfeit your Deposit, or 30% of payment (whichever is greater) is non-refundable and non-transferable as this is then fallen due or has been paid to ASG or your Supplier;
- Between 60 days and your arrival date; or, for any non-arrival – a 100% cancellation fee of the total travel costs (“Booking Value”) is levied by us and our Suppliers;
- For any cancellation of a postponed Booking or a Credit Voucher or a Credit Voucher Booking (at any time) – a 100% cancellation fee of the Booking/Credit Voucher Value is charged.
- Except where otherwise expressly stated in this agreement, ASG shall not be liable to the Client, payer or its Attendees (hereinafter referred to as the “Other Party”) if ASG (and/or its Supplier’s) contractual obligations to the Other Party’s are adversely affected by any event which ASG (and/or its Supplier’s) could not, even with all due care, foresee or avoid, and these Force Majeure Events can include, but are not limited to, war, threat of war, civil strife, terrorist activity (and its consequences or the threat of such activity), riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, epidemic, severe limitation/restriction of transportation facilities, failure or shortage of supplies, liquidation and legal impediment and all similar events outside the control of ASG and/or its Suppliers (collectively referred to as the “Force Majeure Event”).
- In the event that the Booking or part thereof is terminated by ASG or the Supplier due to a Force Majeure Event, as defined above, ASG’s obligations under the agreement and Booking will be terminated in that respect, other than our obligation to refund you as per 4.2 above (if applicable) and your obligation to pay our Booking Fee.
- The Client, the payer and its attendees, jointly and severally (“Attendees”) shall be responsible for taking out and maintaining comprehensive travel, personal, health and general insurance in amounts sufficient to adequately cover all risks (including amongst others Force Majeure Events) and to compensate for any loss, damage to, or destruction of any property, or the death or injury of any person, AND THE ATTENDEES INDEMNIFY ASG AGAINST ANY LIABILITY IN THIS REGARD.
- It is your responsibility to ensure that you have the correct travel documents and meet all the visa and health requirements and that these documents are valid throughout the period of your Booked trip. These documents include (without limitation) visa’s, passports, medical and inoculation documents and drivers’ licences. Valid passports which will not expire for at least 6 months after entry, are required. If unsure of any requirements you are advised to contact the consulate/embassy concerned, as we cannot advise you on this. Please note that anyone travelling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left and a right-hand page). Attendees travelling to Southern Africa with passports which do not comply with these requirements will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa.
- As a response to the growing issue of child trafficking, South Africa (“SA”) has announced new regulations for families traveling into or out of the country with children. Attendees who have children accompanying them or who are travelling with only one parent or with their legal guardian(s), or unaccompanied must avail themselves of the requirements of the destination country.
Data and Privacy
- The Client warrants that the personal details of Client and all Attendees provided, are up to date and true and correct and undertake to inform ASG immediately of any changes.
- By using our Website and/or contacting us you, the Client, and on behalf of all Attendees hereby consent that your personal information (which shall include, amongst others, a person’s name, contact and personal details, medical details, passport numbers, bank card details and the like) may be retained and used by ASG for the purpose of corresponding with the Client/Attendees, record keeping, billing, and liaising with our Suppliers/third parties to quote on their products/services and communicate products/services (advertising) to you, or to facilitate delivery of the services contemplated herein (including any person or company involved in your Booking and their staff/officers), including disclosing such information to our bankers & insurers, or your bankers/credit or debit card issuer, the Financial Intelligence Centre or persons responsible for ASG’s accounts (collectively hereinafter referred to as the “Team”).
- The Client and Attendees hereby declare that they understand that ASG will not divulge any personal information to a third party (other than disclosed herein) unless required by law, and furthermore consent to ASG contacting me/us using the details provided by me/us, and I/we further agree to ensure that this consent which is hereby given is brought to the attention of each Attendee. I/we confirm that I/we understand that I/we have the right to stipulate that certain information must be withheld from the Team, and I/we agree to do so in writing addressed to the following email: [email protected]. I/we also agree and understand that where ASG provided third parties with my personal information they do not have control over the management and utilisation of that personal information, and I/we accordingly indemnify and hold ASG and its officers and employees harmless against any damages or losses of whatsoever nature (including penalties and/or fines and legal costs on the scale of attorney and own client) suffered by ASG or me as a result of a breach by any third parties of their obligations under the Protection of Personal Information Act. I/We further agree to the transfer of our personal information cross-border if required and accept that ASG will endeavour that the same level of protection is afforded to such information as that processed in SA.
- When you forward personal information including your name, e-mail address, mailing address, passport and credit card details to us, ASG will use a secure server to encrypt such information before it is received by us.
- This website 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, you may configure your browsers to not accept our cookies. By providing us with your personal information you agree that we may use and store such information you have provided to ASG, and send you e-mail messages with news and special offers from our Suppliers. You may at any time elect not to receive such emails by clicking unsubscribe in the email footer or sending an email to this effect to us at: [email protected].
- The Client agrees that telephone calls may be recorded for quality control and to maintain our service standards. The Client hereby agrees that any content generated by the Client or any website user on the website, e.g. in reviews or ratings, can be used by ASG or by any third party with ASG’s consent and to the extent necessary, the user irrevocably licenses such content to ASG in perpetuity, at no fee and waives any rights to such content.
11. Website Security
- ASG uses SSL (Secure Sockets Layer) when transacting with our client’s confidential data on the internet. SSL is sophisticated security technology for establishing an encrypted link between a web server and a browser. This link ensures that data passed between the web server and browsers remain private and integral. SSL is an industry standard and is used by millions of websites in the protection of their online transactions with their customers, and you hereby agree to the use of SSL as a sufficient security layer in our dealings with you.
- Although ASG endeavours to provide accurate, up-to-date and truthful information on this website, neither ASG nor any of its employees, agents, Suppliers or associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the website, or the information, content, materials, included or made available through this website.
- ASG as an agent/intermediary of Suppliers does not have all matters within our control, which is why it is important that Client’s understand that all arrangements for amongst others, activities, functions, entertainment, transportation, conveyance and/or accommodation, are made UPON THE EXPRESS CONDITION THAT ASG SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, DAMAGE, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE OCCASIONED EITHER BY REASON OF THE LIQUIDATION, SEQUESTRATION (WHETHER PROVISIONAL OR FINAL), OR ANY DEFECT IN, OR THROUGH THE ACTS OR DEFAULTS OF ANY OF THE SUPPLIERS, THEIR PERSONNEL OR AGENTS ENGAGED IN THE PROVISION OF THE BOOKING OR IN CARRYING OUT THE ARRANGEMENTS FOR THE BOOKINGS OR OTHERWISE IN CONNECTION THEREWITH. In addition, ASG WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY THE CLIENT OR ITS ATTENDEES TO ANY PERSON, PROPERTY OR THING. THE CLIENT AND ATTENDEES VOLUNTARILY ACCEPT THE RISK ASSOCIATED WITH THEIR BOOKING.
- 13.1. Whilst we take great care in vetting Suppliers, ASG is not liable for the suitability of the Suppliers the Client selected, or their products or services. ASG does not guarantee the suitability, products or services of Suppliers, and ASG does not take responsibility for any disputes between a Client (and/or Attendee) and their Supplier.
Applicable Law, Costs
- This website is created, maintained and controlled in the SA and as such, the laws of SA and the jurisdiction of the SA Courts govern the use of the Website, as well as the use or inability to use this website, and the Booking.
- ASG shall be entitled to recover all legal costs on the highest scale permissible in law should it elect to obtain legal opinion or institute or defend legal action against the Client/Attendee.
Change to Agreement
- ASG reserves the right to make changes to this site and these terms and conditions at any time without notice, and you agree that such changes will apply to you and your Booking once published on our Website.
- This agreement, together with the schedules/annexures hereto, constitutes the sole record of the agreement between the parties in regard to the subject matter thereof.
- No addition to, variation, or agreed cancellation of this agreement or any of the appendices (Supplier terms and conditions amongst others) hereto shall be of any force or effect unless in writing and signed by or on behalf of the parties in a non- electronic format.
- The grant of any indulgence, extension of time or relaxation of any provision by ASG (“Grantor”) under this Agreement shall not constitute a waiver of any right by the Grantor or prevent or adversely affect the exercise by the Grantor of any existing or future right of the Grantor.