This Terms and Conditions Agreement (the “Terms”) is a legal and binding contract between the customer (the “Customer” or “you”) and The Travel Gurus Pty Ltd (“The Travel Gurus,” “we,” or “our”) that governs your use of and interaction on www.the-travel-gurus.com, your purchases on the Site, and other services of ours, if any (collectively, the “Site”), and your purchases and use of products and services made available through the Site. It is your responsibility to read this contract entirely and acknowledge that you understand it before using the Site or making a purchase.
By using The Travel Gurus platform, you signify that you have completely read, understand, and agree to be bound by all of these Terms. We retain the right to change the Terms at any time without notice, effective upon its posting to our Site. Your continued use of the Site or your acknowledgement of these Terms upon purchase shall be considered your acceptance to any revised Terms.
People and entities referred to on our website and in our marketing, whether written or otherwise, as “Travelgurus” are travel operators or travel agents who are separately incorporated, licensed, and who operate independently from the Travel Gurus. In these Terms, “Travelgurus” are referred to as “Service Providers.” The Travel Gurus purpose is to connect you to a Service Provider.
The Travel Gurus does not provide travel services and is not the merchant of record for any travel transactions that you may initiate. Separate “terms and conditions” from the Service Provider and other suppliers likely apply to any booking you make. You should review those terms.
The Travel Gurus is not an agent of either you or the Service Providers. You understand and agree that we are not responsible for the products and services you purchase from the Service Providers. The Service Providers, and not The Travel Gurus, provide those products, services, and/or activities. The Travel Gurus is not responsible for any issues, warranties, injuries, illnesses, damages, claims, liabilities and costs related to those purchases, services, and/or activities.
Payment may be made via Visa, MasterCard, Diners, or American Express Cards or by bank transfer into The Travel Gurus bank account, the details of which will be provided on request. You may make payment only after you have agreed to these Terms or otherwise reached written agreement with The Travel Gurus.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is US Dollars (USD) and South African Rands (ZAR).
In the event that The Travel Gurus cancels your purchase for any reason that is not due to your violation of these Terms, we will issue you a refund. Note that the terms and conditions of the Service Provider govern your rights to a refund, if any, if your travel or any portion of it is cancelled or altered.
If you have significant dissatisfaction with or complaints with the consultation services of the Service Provider, please contact our support team at firstname.lastname@example.org within seven (7) days of the dissatisfaction or complaint becoming known to you, and, if possible, we will review the issue, and if appropriate as determined in our sole discretion, we will attempt to resolve the issue in a manner we determine is appropriate in our sole discretion. Whether or not we assist you, we are not liable for any damages or injury as a result of a Service Provider’s services.
In all situations, our liability, if any, is limited to the cost of your purchase with us (US$ 250).
When you use the Site we collect but do not store or share your IP address. When you make a purchase on our Site, we collect the name, surname, company (if you complete that portion of the form), billing address, phone number and email address that you provide, and we retain and store this information. We also retain and store proof of your purchase, any communications that you send us, your agreement to these terms and conditions, and your agreement to our collection and storing of this data. This information is retained indefinitely. If you wish to correct or delete your personal information, please contact us at email@example.com or 276 Innes Road, Morningside, Durban, 4000, South Africa.
If you make an inquiry or a purchase, we may also send you our newsletter and offers to the email address you provide to us. Should you wish to unsubscribe from marketing communications via email, you may opt out by clicking on the clearly marked ‘unsubscribe’ button at the bottom of any marketing email. You may also unsubscribe from marketing communications via mail and you can contact us by e-mail at firstname.lastname@example.org (please write “unsubscribe” in the subject line and provide each email address you would like us to remove).
You have affirmatively authorized us to share with Service Providers the information regarding you and your purchase(s) necessary to process your order with us. Under the Terms, you must provide your name and email address so that we may provide you with your purchase. Specifically, we share your name and email address with the Service Provider whose contact information you have purchased. By necessity to complete our processing of your purchase, your personal information is likely to be transferred across international boundaries. We try to ensure that your information remains secure and is processed in accordance with relevant data protection requirements, but third parties may have different information practices, which will be governed by their privacy policies which we recommend you read.
The personal information we process about you and anyone that you are inquiring on behalf of will only be used and disclosed in accordance with this policy or as specifically disclosed to you at the time you provide the information. You may contact us and ask that we erase your data or make a complaint. If you have further questions about what personal information is collected and how it is used, our contact information is below.
Links on our website or connections made to third parties do not constitute an endorsement by The Travel Gurus of any third party’s compliance with applicable privacy or security laws.
The Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use the Site at your own sole risk. We do not warrant the appropriateness or safety of any Service Provider or travel. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title, and non-infringement related to or arising out of the Site, any content on the Site, or any products or services, purchased or made available on the Site, and disclaim as well warranties implied from a course of dealing or course of performance.
Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, (iii) the results obtained from the use of the Site will be accurate or reliable or (iv) that the Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data, or other harm of any kind that may result. We reserve the right to change any and all of the Site and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from The Travel Gurus or through the Site will create any warranty not expressly stated herein.
You acknowledge and agree that participation in travel involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. You agree that you have considered the nature and extent of the risks involved or that may be involved, and YOU VOLUNTARILY CHOOSE TO ASSUME ALL SUCH RISKS, both known and unknown, even those risks that result from the negligence of others and assume full responsibility for your participation in travel and related activities.
As we state elsewhere, The Travel Gurus does not operate or provide any travel you may book and purchase with a Service Provider. Therefore, and in consideration of the service that The Travel Gurus provides to you, you agree to indemnify, defend and hold harmless The Travel Gurus, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorney fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products or services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a Service Provider or another third party, (iv) your conduct in connection with the Site, (v) your conduct in connection with any travel, or (vi) your violation of these Terms, any law, or the rights of any third party.
The Site is governed by the laws of South Africa and The Travel Gurus chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. All notice, service of process, or other documents or communication must be made at the address listed in the Terms.
By agreeing to the Terms via your use of the Site and/or purchase, you agree that any dispute concerning, relating, or referring to the Terms; our website; any other literature or materials concerning The Travel Gurus; or any complaint or claim of any type against The Travel Gurus shall be referred to and resolved exclusively by binding arbitration by Arbitration Foundation of Southern Africa (AFSA) in accordance with the rules applicable to international arbitration by an arbitrator appointed by the Foundation, and pursuant to the Arbitration Act 1965 and its successor law, if any. The Tribunal will consist of one arbitrator, and be held in Durban, South Africa. If the value of the relief sought is $10,000 or less, you or The Travel Gurus may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and The Travel Gurus subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or The Travel Gurus may attend by telephone, unless the arbitrator requires otherwise. Judgment on the Award may be entered in any court having jurisdiction. The party prevailing in any dispute shall be awarded attorney fees and all reasonable costs incurred.
Only in the event that a lawful tribunal determines that arbitration may not occur in Durban, South Africa or other seat in South Africa or be conducted by AFSA, then arbitration will occur in the United States to be conducted by JAMS pursuant to JAMS International Arbitration Rules; and arbitration may be held in the county in which you reside or at another mutually agreed location.
YOU AGREE THAT THE SOLE REMEDY FOR ANY DEFAULT, HARM OR INJURY ARISING UNDER THESE TERMS AND CONDITIONS SHALL BE THE RETURN OF THE PURCHASE COST PAID TO THE TRAVEL GURUS (US$ 250). TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE TRAVEL GURUS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING FOR PERSONAL INJURY) REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE TRAVEL GURUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
The Site is run by The Travel Gurus Pty Ltd based in South Africa trading as The Travel Gurus Pty Ltd and with registration number 2017/195045/07 and Craig David Garrod-Smith as sole Director.
Physical Address: 276 Innes Road, Morningside, Durban, 4000, South Africa
YOUR AGREEMENT: By checking the box prior to finalizing your purchase, you indicate that you have read this entire agreement, and that you are agreeing to it freely. You understand that this is a legally binding contract and that you are releasing The Travel Gurus from liability, assuming all risk, and indemnifying The Travel Gurus as stated in the Terms. No other representations concerning the legal effect of this document have been made to you. Your agreement applies to all sections of the Terms.
Last updated: May 7, 2018