BELAFRIQUE and THE TRAVELLERS .have agreed that for the consideration described herein, BELAFRIQUE will provide and THE TRAVELLERS will purchase materials and services described in the attachments for the Programme/itinerary described or referred to therein (the "Programme"/itinerary) on the following conditions:
1. Services: BELAFRIQUE shall perform services listed. Services will be limited to those outlined, unless otherwise agreed to in writing.
2. Validity: Prices quoted are valid for 10 days unless otherwise specified.
3. Prices: Payment and consideration to BELAFRIQUE for services described herein shall be in accordance with prices listed herein, subject to terms and conditions hereof:
- a. Prices stated herein have been quoted by BELAFRIQUE with respect to the Programme described herein and shall not bind BELAFRIQUE with respect to any other Programme.
- b. Prices are subject to compliance with timelines outlined.
- c. Prices have been based on the specified number of people and travel dates shown on this letter of agreement, and will be adjusted accordingly if the number of participants and/or dates change.
- d. The quoted land prices for this Programme is based on negociated tariffs and applicable taxes. In the event that these rates are revised by BELAFRIQUE‘s suppliers (transportation, carriers, hotels, guides, sightseeing contractors, etc.) or destination government prior to the operation of this Programme, BELAFRIQUE will notify THE TRAVELLERS of any necessary price deviations.
- e. The budget will be invoiced in the currency quoted and payment should be received in respective currency. BELAFRIQUE’s services are based on local currencies being the South African Rand (ZAR), the Euro (€) or the US Dollar ($) applicable to the destination of travel or the type of services to be provided. The pricing is based on an average exchange rate including all fees and charges on the day of confirmation.
4. Programme revisions: Requests for revisions to services, if accepted by BELAFRIQUE, will be confirmed with applicable prices. Such revisions to services and applicable prices shall automatically amend the original confirmation for this Programme.
5. Payment terms:
- a. Invoices are payable upon receipt or upon due date.
- b. Amount over fifteen (15) days past due date will bear interest at the rate of fifteen percent (15%) per annum, or highest-rate permitted by South African law, whichever is less.
6. Transportation: Costs have been based on air fares currently in effect or, if specified herein, on air fares guaranteed with the appropriate additional payments. BELAFRIQUE will route participants based on the client’s specifications (designated gateways cities, origination and termination points, number or type of aircraft, etc.) or convenient cost-effective arrangements in line with accepted industry standards.
The airline may assess a service charge for prepaid tickets processed for local airport pickup. These charges will be assessed to the participants in situations where last-minute additions/changes occur resulting in insufficient time to mail tickets to participants. There may also be a service charge assessed by the airlines for any partial or full refund of a special fare ticket. Charges for international airline tickets may be even higher depending on the special fare utilised. These charges will be subtracted from the refund credit due. Also, where BELAFRIQUE is required to apply for credit on lost ticket as reported to BELAFRIQUE, there will be a ZAR 300 per transaction charge. These charges will also be subtracted from the credits BELAFRIQUE forwards after the 120-day processing period usually required for lost ticket application.
7. Participant name list and information: To assist BELAFRIQUE in providing with convenient air routings via the class of service requested and allow BELAFRIQUE to make timely mailing of pretrip materials (when requested and at an extra charge to the client), it will be necessary for BELAFRIQUE to receive complete name list including participants names and complete mailing address no later than 30 days prior to travel dates or before the dead line imputed by the company.
In the event that the names of participants are not received by the due date, the client will be charged for any resulting programming, out-of-pocket expenses, and personnel time. Further possible cancellation by the airlines of the space BELAFRIQUE is holding could result in increased transportation costs due to the necessity of rerouting guests via alternate routings or classes of service.
8. South African Law: The Courts of Cape Town in South Africa are the only ones competent for any litigation that could arise between THE TRAVELLERS and BELAFRIQUE. This letter of agreement and its interpretation shall be subject to the laws of South Africa.
9. BELAFRIQUE: acts as an agent or intermediary to arrange the means of transportation, lodging and other services as described. Tickets and other services are subject to the conditions specified by the carriers, hotels, and other suppliers. BELAFRIQUE maintains no control over the personnel, equipment or operations of any carrier, airline, cruise line, hotel, tour company or other supplier. When issued, the passage contract in use by airlines, cruise lines and other carriers will constitute the sole contract between the carriers and the participants. THE TRAVELLERS will not hold or seek to hold BELAFRIQUE liable for any cost, expense, loss, damages, or liability arising from claims by THE TRAVELLERS based on liabilities not undertaken by BELAFRIQUE under this agreement. The responsibility of any carrier to any person participating in the Programme is limited to the carrier’s contractual and statutory liability as a common carrier.
BELAFRIQUE assures no responsibility for and BELAFRIQUE will not be liable for any financial loss, personal injury, property damage, other loss, accident, delay, inconvenience, or irregularity which THE TRAVELLERS or any participant may suffer by reason of any act, default, non-performance or wrongful, careless, negligent, or unauthorised act or omission of any supplier, any supplier’s employee or any third party, or from any other services utilised, for any non-performance, delay, misconnection, or mechanical failure of any nature caused in whole or in part by any occurrence, condition or circumstance beyond BELAFRIQUE’s reasonable control, including, but not limited to, fire, casualty, national or local emergency, shortages, riot, strike, lockout, any other labour difficulty, storm or similar occurrence, or any law, order, regulation, action, or request of any government or any official or instrumentality of any government.