- The Constitution of South Africa (Act 108 of 1996) affords all its citizens the right to privacy in terms of section 14 (d).
- However your use of the lifestylecruises.co.za (hereinafter referred to as ‘Our Website’)is for personal use as well as transacting business with Lifestyle Cruises (Pty) Ltd (Reg No 2017/052266/07)(hereinafter referred to as ‘us’ or ‘we’or ‘our’) and accordingly the right of privacy afforded as aforesaid and pertaining to such communications and data as well as any personal information conveyed during the course of such usage and transactionsis limited and is subject to inter alia the Electronic Communications and Transactions Act, Act 25 of 2002 (‘ECTA’), thePromotion of Access to Information Act, Act number 2 of 2000 (‘PAIA’), the Consumer Protection Act, Act 68 of 2008 (‘CPA’) and the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community (‘the EC’), the General Data Protection Regulations of 2018 (‘the GDPR’)(the ECTA, POPIA and GDPR will collective be referred to herein as ‘the Privacy Legislation’).
- You are, by usingOur Website (which includes e.g. when you create a profile, download and/or use our app.), deemed, in terms of the Privacy Legislation, to grant us ‘expressvoluntary specific and informed’ consent and permission to ‘process’and ‘further process’(as defined in the Privacy Legislation) your personal information (‘your Information’)and where applicable the special personal information (as defined in the Privacy Legislation) for the purposes of any personal use or business you may now or in future transact with us and to disclose your Information to any of the party we engage to provide of products and servicesto you (‘the Third Parties’).
- Your Information includes mainlyperfunctory details such as your name, surname, address,identity and passport numbers, other contact detailand also more subjective issues such as personal opinions, preferences and whereas the Special Personal Information more sensitive details such as religious beliefs, race, political persuasion, sex life, health and biometric information. Most of this information is crucial for us to provide you effectively with the services and/or products you have requested and if you were to refuse consent, which you are entitled to do, we will not be able to assist you (See ‘Rights’ below).
- Note that the purpose of the Privacy Legislation is not only to protect your privacy but also to place you in control of your Information, even if you have given your consent.
- You must bear in mind that the Privacy Legislation is even more demanding when it comes to the processing of special personal information and that of children, so we believe that any reservations you may have in that regard have been more than adequately addressed.
- If you are disclosing personal information about other persons (natural or juristic – the latter is not covered by GDPR) you will be deemed to have their permission and to have been duly authorized to do so and indemnify us against any actions by such third parties (Their and your personal information will be collectively referred to herein as ‘the Information’ and ‘you’ and ‘your’ will be deemed to include/refer to such other persons).
- We will ensure the processing of all the personal information disclosed to us (‘the Information’) complies with the Privacy Legislationandthat it is adequate, relevant and not excessive.
- Over and above the Privacy Legislation you have the protection of the PAIA – we will use its best endeavours to ensure inprocessing the Information, we comply with the PAIAand that such disclosure is not, to the best of its knowledge, unreasonable (section 34); will not to the best of its knowledge, cause harm to the user’s commercial or financial interests (section 36); constitute an action for breach of a duty of confidence owed to the user (section 37), or could reasonably be expected to endanger the life or physical safety of the user (section 38).
- The Regulation of Interception of Communications and Provision of Communications-related Information Act (70/2002) (‘RICA’) affords us certain rights to monitor inter alia electronic communications via our network. By using Our Networkyou consentto such interception within the ambit of RICA.
- The primary reason we collect the Information is so that we can provide you with the requested services and/or products.
- The secondary reasonincludes so that we can (1) Improve our service to you; (2) Customise our service where requested, required or where it is appropriate to do so; (3) Advise you of any changes (e.g. in your itinerary) or specials from time to time; (4) Analytics (Profiling): we do this ourselves or by utilising the services of third parties. This entails using the all information we gather to ascertain trading patterns. An example we may determine which websites you have come from/are going to; the browser you may be using; the identity of your device and your IP address. However, identifying elements will be removed (or as provided for in the POPIA,‘de-identified’) and encryption will be implemented to protect your personal information (See also ‘Cookies’ below).
- At certain premises we may have installed close circuit television which record and by which we monitor the image of parties entering the premises. By using such venues to grant us your consent to record your image.
- When we engage Third Parties in the service delivery process, we have to share the Information with thembut it will only be to such Third Parties as have been disclosed to you.
- We mentioned above that you are at all times in control of the Information. This control you can exercise by virtue of the rights afforded you in the Privacy Legislation – these RIGHTS are:
- Subject to certain exceptions (see ‘Exceptions’ below)we always have to obtain your Information from you personally
- We are not allowed to process your/the Information unless we have your ‘informed, specific and voluntary consent’
- We are obliged to advise you of the purpose for which we will be processing and with whom we will be sharing the Information – this document endeavours to fulfill this obligation.
- We are obliged to advise you of the identity(ies) and contact details of the party(ies) who will be processing the Information – we will provide you with such details: ours by referring you to ‘Contact Us’ and that of Third Parties in the documentation pertaining to the services and products to be provided in due course.
- You can call upon us at any time to do one or more of the following regarding your Information: amend; update; delete. We are obliged in the case of the latter to provide you with proof.
- Direct marketing (See below): we are obliged to obtain your consent and to advise you each time of your right to ‘opt out’/’unsubscribe’
- You are entitled to enquire at any time about the steps we’ve taken to ensure that our safeguards pertaining to the protection of the Information meet the requirements of the Privacy Legislation.
- You may require of us to restrict the processing of your Information
- You can lodge complaints: (1) via the relevant section of our website; (2) with our Information Officer (see our website) and/or (3) with the POPIA Information Regulator
- You are entitledand we are obliged to inform you when our security has been breached (POPIA: ‘as soon as reasonably possible’ and GDPR: within 72 hours)
- EXCEPTIONS. when the Privacy Legislation is not applicable and we do not require your consent:
- If you (the ‘data subject’) have made your Information public
- If the Information is a matter of public record, i.e. it is ‘in the public domain and under the control of a public body’
- If we are complying with an obligation imposed by law
- If involves compliance with court proceedings
- If it involves national security
- If it is being used for historic, statistical or research purposes provided it is in the public interest or obtaining your consent is difficult
- If use in any form of journalism, provided such activity is governed by a code of conduct that has adequate safeguards – a balance must be struck between your right to privacy and the freedom of expression
- If the Information has been ‘de-identified’e. so that the identities of the parties cannot be determined (also sometimes referred to as ‘pseudonynimisation’)
- If we are doing so in pursuit of a legitimate interest of ours or the Third Party to whom it is being disclosed
- Your Information will not be stored longer than is reasonably required for us to complete the purposes for which has been processed
- However we may retain your Information for longer periods if required for e.g. taxation purposes
- DIRECT MARKETING(‘DM‘)
- DM is defined as‘approach(ing) a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person’
- ‘Electronic communication’is defined as‘communication by means of electronic transmission, including by telephone, fax, sms, wireless computer access, email or any similar technology or device’
- DM may only be addressed to you if you are our customer, we’ve obtained your consent and it was obtained in the process of a sale of goods and/or services and at the time of the sale*
- The DM must pertain to goods and/or services that originate from us and are similar to those in the previous sale*
- Each DM must provide you with the opportunity to opt out/unsubscribe and doing so must be at our expense.
- The purpose is not only to keep you informed but to link it to preferences
- Note that DM does not mean or relate to your existing booking
- Cookies are used to achieve two goals. The first is to provide us with the capability to personalize information for certain segments of our customer base. Secondly, in some instances, cookies are used to allow us the opportunity to associate individual customers with their information profiles.
- A cookie is a series of data characters that, when programmed into a Web site, is placed by the Web Server into the browser’s application folder on your computer. Once placed onto your machine, the cookie will allow the Web site to “recognize” you as a unique individual.
- Yes, cookies can be removed from your hard drive. Also, depending on what type of web browser and what browser version you are using, you may be able to change the properties on your cookie file so that cookies are not used or saved. Please check with your browser provider for more information on removing cookies.
- You can also prevent your browser from accepting new cookies.
- We have carried out a data protection impact assessment which entailed a ‘systematic and extensive evaluation of our processes and current safeguards’
- This assessment addressed amongst others how and when we process the Information and when such processing may present (internal and external) security risks including the origin, nature, likelihood (foreseeability) and severity (extent) of such risk.
- Based on the report by the experts who carried out this assessment, we have implemented ‘appropriate, reasonable and organizational measures‘ to (1) ‘ensure the integrity and confidentiality’ of the Information; (2) ‘prevent the loss of, damage to or unauthorized destruction or access to or processing’ of the Information; (3) anticipate and identify the aforesaid risks; (4) maintain, monitor and update these safeguards on an ongoing basis
- These measures will meet the most stringent of ‘generally accepted information security practices’ and/or ‘specific industry or professional rules and regulations’
- These measures include amongst others encryption; controlling privileges of users; destroying the Information when no longer required; regular audits; back-ups; emergency incident strategies.
REFUNDS & CANCELLATIONS – No refunds will be considered in any circumstances whatsoever by the Company. Refunds by the Principals will be subject to their terms and conditions. The Company is entitled to charge an administration fee for handling of refunds. Please note that if the client has paid in Rand according to a particular rate of exchange, that the refund will never be the same as it will depend on the rate of exchange when the refund is received, and that there is a difference between the buying and selling rates. The Company is not responsible to keep track of unused or partially unused tickets that are to be refunded or partially refunded or reused for future trips.
FORCE MAJEURE – If the Contract became impossible to perform by either party because of force majeure, acts of God, war, terrorism, government regulations, disaster, strikes, lock-out, civil disorder, operation of law, or other emergencies or any other circumstances beyond the control of either party, making it illegal or impossible to carry out the Booking, the Booking may be terminated for any one or more of such reasons by written notice from one party to the other provided that the reason for said termination is in effect prior to the departure date.
FOREIGN EXCHANGE REGULATION COMPLIANCE – This is the Client’s exclusive duty. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the Internet.
INTERNET BOOKINGS – If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.
DRIVER’S LICENCE: Even if you have obtained an international driver’s licence, please take your national driver’s licence with you
LEGAL FEES – The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce any of its rights or otherwise.
CONFIDENTIALITY – Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
DISPUTE – RESOLUTION Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:
- Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the mater amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
- Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
COMPLAINTS – SEE THE COMPANY’S WEBSITE
Any complaints must be reported via ‘Contact us’ on the Company’s website and it will be dealt with promptly. If it is urgent, please call the Company of the number provided with your travel documents.
FOREIGN EXCHANGE REGULATION COMPLIANCE – This is the Client’s exclusive duty. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the Internet. It is the responsibility of each individual Client to ensure that he/she does not exceed the R1 (one) million per calendar year (Please note this amount is stipulated by the SA Reserve Bank as at January 2015 and may be adjusted from time to time – it is the Client’s duty when booking to check with its foreign exchange provider). Individual’s Single Discretionary Allowance. It is imperative that the Clients are able to show any customs official that they purchased the foreign exchange they are carrying, failing which it may be confiscated.
LAW & JURISDICTION – South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company. The Company 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.
ENTIRE CONTRACT – The Conditions and any annexures hereto 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 the Company or otherwise that is not included herein.
T&C APPLICABLE TO AIRLINE TICKETS
Air Tickets / E-Tickets (Collectively Referred To As ‘Tickets’)
Both the Company and Suppliers are required to issue tickets within a specified time stipulated by the airline/s so as to avoid outright cancellation of the flight bookings by the airlines. At the time of making the flight bookings, the Company’s consultant will advise the clients of the dead-line stipulated by the airline to issue the tickets so as to avoid cancellation of the bookings. The onus is up to the client/s to make payment timeously so that the tickets can be issued by the stipulated date.
- At time of confirming the flight bookings, the Travel Consultant will also advise the client/s of the rules pertaining to the air fare including cancellation fees, amendment fees etc.
- All tickets / air fares are subject to the airline’s terms and conditions.
- Some air fares carry 100% cancellation fees.
- Seat and meal requests cannot be guaranteed.
- Airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Company and this applies especially regarding airport taxes for the entire journey.
- A professional service fee will be charged by the Company for all air tickets issued, reissued and revalidated.
- The client must be ready to show his/her identity document on check-in (note: some airlines will not accept driver’s licenses as forms of identification) as well as the credit card used for the booking. This will apply for all members of the travelling party including minor children.
- All tickets must be used in the exact sequence in which the flight coupons have been issued as otherwise the tickets for the entire journey become null and void as tickets may not be used out of the original sequence. This also applies to the non-use of any one coupon.
- Some airlines may require you to provide the credit card with which payment was effected.
Whilst many airlines state that it is no longer mandatory to reconfirm flights, the Company does however remind clients that it is advisable to reconfirm their onward / return flight reservations on arrival at each destination or at least 72 hours prior to departure. Failure to do so may result in the automatic cancellation of the flight bookings by the airline. It is advisable also to check departure / arrival times and terminals of departure as these are subject to change. This applies to domestic connecting flights as well.
Many airlines are now recommending the use of on-line check-in. This can be done up to 24 hours prior to departure but it varies from airline to airline. It is advisable to check on-line with the airline directly. On-line check-in will allow a reduced airport check-in time, and will allow the client to reconfirm his/her assigned seat, and if a seat has not been assigned (depending on the airline), it will allow pre-assignment of seat.
The Company can if requested to do so in writing (e-mail will suffice) by the Client, arrange for the Client to be checked-in on-line but the Company does so subject to the following conditions:
- The Company does so as the agent of the Client subject to the Company T&C and the terms and conditions of the airline concerned
- All information supplied by the Client to be checked-in must be accurate and as reflected on their passports or identity documents, as the case may be
- The selection of seating will be in the exclusive discretion of the Company unless specific seating has been requested in writing (but see ‘Special Requests’);
- However the Company cannot guarantee that any specified seating will be secured and the final allocation of seating in the final resort is entirely in the discretion of the airline
- Accordingly the Client will have no claim whatsoever against the Company if the requested seats or seating configuration is not allocated by the airline
- It remains the exclusive duty of the Client to:
- monitor and re-confirm flight times and to arrive at the airport timeously;
- advise the airline if they are delayed or will not be flying (if the Company has been tasked with the return on-line check-in, they must also be advised and the failure to do so will release the Company from any liability whatsoever)
- ensure that any check-in and carry-on/hand luggage comply with the terms and conditions of the airline concerned
The Client further accepts that the Company will raise a professional fee for undertaking to carry out this service on behalf of the Client. Please refer to our list of professional fees which are available on request. The fee is payable prior to departure of first flight and is non refundable.
The Company is not responsible for overbooking by airlines resulting in the Client/s being denied boarding.
In the case of denied boarding it is the airline’s responsibility to re-route / re-book the Client/s on alternative flights, and if required to provide the Client/s with compensation. The new flight arrangements should be made by the Client/s directly with the airline at the time of check-in.
Airline Delays / Airline Cancelled Flights
The Company is not responsible for delays in departure or landing and/or cancelled flights caused by airlines either in South Africa or elsewhere, whether due to adverse weather conditions, or due to technical reasons or other reasons. If these delays should occur, it will be the airline’s responsibility to deal with it in terms of applicable consumer laws, and its terms and conditions, and it will be the airline’s responsibility to re-route/re-book the Client/s on alternative flights (if possible), and/or to provide the Client/s with compensation, and/or accommodation etc., if these fall within the Client/s’ rights as per the airlines’ terms and conditions, and/or cost of air ticket/s purchased by the Client/s. The new flight arrangements should be made by the Client/s directly with the airline/s, and any claims arising from inconvenience caused by the airline/s to the Client/s due to the delay of and/or cancelled flight/s etc. should be made by the Client/s directly with the airline/s. If the Client/s require/s the Company to act on his/her behalf in is/her claim, then this will be undertaken by the Company without prejudice and a fee will be charged and this will be determined and advised to the Client/s at the time of initiating representation.
The company is not responsible if a Client misses a flight/s and/or connection/s due to inter alia tardy check-in, non-timeous boarding of flight by the Client, misinterpretations of flight announcement by the Client or lack of announcement by the airline etc. in South Africa or elsewhere. It is the full responsibility of the Client to ensure that he/she checks in for the flight/connecting flight on time, and that he/she reports to the boarding gate on time and as per instructions on the boarding pass. In case of missed flight due to inter alia late check-in or late reporting at the boarding gate, the Company will endeavour to assist the Client with further flight arrangements, however a charge will be raised for this assistance, and this will be advised to the Client at the time and will be dependant on the amount of time it will take the travel consultant to render the assistance. After hours fees will apply. The charges will apply whether the consultant is successful in assisting the Client or not with a suitable alternative to the missed flight/connection. Please NOTE that in most airport lounges no boarding announcements are made and the latter may be limited to an electronic display
Passenger (Client) No-Show
Please be advised that in case of “no-show” i.e. failure to travel without cancelling your flight booking well in advance of time/date of travel, there may be no refund due on your air ticket, nor may any changes be allowed (rebooking of flights) for future travel on the same ticket. Each case will depend on the rules and regulations of the airline in question.
Pre-assigned seats cannot be guaranteed due to inter-alia aircraft configuration changes, schedule changes etc., and are always subject to the airline’s discretion. In some cases seats can only be pre-booked on-line and each airline has its own rules regarding the time limit placed on pre-booking of pre-assigned seats. In other cases the pre-assigned seats can only be held once reconfirmation of the booking takes place on-line, and in specific time frames determined by the airline. It is therefore solely the Client’s responsibility to ensure that he/she has checked on the web-site of the relevant airline for further information in this regard and has followed the correct procedure.
Similarly advice to the Client regarding the seat can only be provided by the Company’s consultant based on the information currently available e.g. recline of seat, leg-room space etc.
Lost / Mislaid Baggage
Clients should ensure that all baggage is securely locked or wrapped, labelled with name, address and contact details and that no valuables are contained in their check-in luggage.
In the case of baggage delay or loss of baggage, the claim should be made directly with the airline at the airport immediately upon arrival on discovering that baggage is missing or that the baggage has been tampered with.
The claim number should be used each time an enquiry is made by the Client with the airline with regards the delayed, missing or tampered baggage and with regards to any potential monetary claims that could arise.
If the loss or damage is discovered after the Client has left the airport, the airline should be contacted as soon as possible and the claim made directly with the airline official, although the airline may not entertain the claim.
If the Company is asked to assist with the follow up with the claim, the Company shall do so without prejudice, and a professional fee will be charged which will be advised at the time of initiating the assistance.
Names And Surnames
It is an IATA (International Air Transport Association) requirement that all air tickets should reflect the full first name, initials and surname of the client, and these should be spelt in the exact same way as the first name, initials and surname on the passports or identity documents. The onus is on the Client to check that the first names and surnames appearing on the Company’s confirmation form are correct, and must be checked prior to air tickets being issued. Once the air tickets have been issued, no changes can be made and in case of incorrect name and/or surname the tickets will have to be refunded and new tickets issued. Refunded tickets are all subject to penalties for cancellation and the Company’s administration fee/s.
Frequent Flyer Miles
Whilst every effort will be made by the Company to ensure that the relevant frequent flyer membership numbers appear in the flight booking reservation, the responsibility to ensure that miles are updated or credited to the frequent flyer membership / loyalty program lies with the client. The membership number / card should be displayed and checked by the Client at check-in, and all boarding passes should be retained as proof of travel. The Airlines cannot update or credit missing miles on the loyalty programs unless the original boarding passes are provided by the client. A professional fee is charged by the Company if the Company is requested by its Clients to submit boarding passes to the airline/s in order to update or credit the frequent flyer membership.
An administration fee will be charged by The Company when applying for any refunds that may be due to the Client by the Supplier. The non refundable administration fee amount will be advised to the Client by the Company’s Travel consultant at the time of application for refund. The Company does not guarantee under any circumstances that any request for a refund will be successful.
Please note: Each Airline and other Suppliers apply different validity periods to air tickets, tour vouchers, travel documents etc.
Refunds of these air tickets and travel documents etc. may only be processed within their validity period.
Please further note that the professional fee originally charged for the service e.g. issuance of air ticket, booking of tour, booking of hotel accommodation etc. is NON REFUNDABLE even if the service document is submitted to the Company for refund.
The Company cannot be held responsible if any Client is refused boarding of any aircraft. Any expenses incurred or consequence of with regard to refused boarding will be borne solely by the Client. Please note that this may occur even if the passenger has a valid visa
Refund Of Air Ticket Due To Refused Entry / Refused Boarding / Cancellation Of Air Booking Due To Security Reasons / Refused Visa
Whilst the Company will assist the client to obtain any refund on unused ticket/s which may be due to the client, the refund amount (if any) will be subject to the terms and conditions of the airline concerned and to a professional fee which will be charged by the Company. Furthermore there is no guarantee that the application for a refund will be successful even in the case of refused entry in a country, refused boarding on an aircraft, cancellation of an air booking resulting in refused entry into a country due to security reasons or a refused visa.
Unused Tickets/Flight Coupons
It is the responsibility of the client/s to apply to the Company for refund of their unused tickets, or partially used tickets prior to their expiry