OUR TERMS AND CONDITIONS
Standard Terms and Conditions of Contract for Procorp Travel & Tours CC (Registration number: 2008/104774/23)
Application
All services rendered by or on behalf of Procorp Travel & Tours CC (Registration number: 2008/104774/23) (‘PROCORP’) to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below. PROCORP, located at Plot 9, National Road, Kenley, Pretoria, 0129, South Africa.
The following Terms and Conditions should be read and understood prior to confirming your travel. Do not confirm any booking unless you understand and agree with the following terms and conditions.
Nature of the services rendered by Procorp Travel
PROCORP renders the service of hosting an online search and booking portal, with its primary focus on the travel and accommodation industries (‘the Services’) pursuant to which the general public shall
i. have access to the portal,
ii. be entitled to set certain travel, accommodation and/or other service criteria based on information gleaned from the internet,
iii. request quotations and
iv. be entitled to confirm bookings and place reservations relating to travel, accommodation and/or other service requirements
For the avoidance of doubt, the services do not include any advisory or consultancy services, unless you choose to contact a PROCORP Travel consultant online via Manage my booking, Request quote or Contact us.
The Client and Authority
Any person(s) wishing to utilise the services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the passenger information page, prior to the conclusion of any transaction with PROCORP. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person/Company person in whose name the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).
Please be advised that unless requested otherwise upon making the reservation, PROCORP is authorised to engage with any Passenger listed in a booking, in as long as that Passenger is able to provide the reference number for the booking. PROCORP accepts no responsibility for any changes made by any of the listed Passengers in a booking.
Third Party Service Providers
PROCORP provides Clients with the services either itself or acting on behalf of Principals engaged in or associated with the travel and/or accommodation industries, such as airlines, hotels and/or other service providers or suppliers (collectively referred to as ‘the Principal’). PROCORP represents the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct of PROCORP or any person acting for or controlled by PROCORP), 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 their 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. PROCORP shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal. It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
The specific airline’s terms and conditions may apply.
Booking Enquiries & Reservations
Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, trip, tour, mode of travel, preferred accommodation and/or other service on PROCORP’s website www.procorptravel.co.za , or (ii) initiated such an enquiry with PROCORP by any other means of communication, (collectively referred to as ‘the Enquiry’), the Sites will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’). THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Quote telephonically or via email. Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). Once the online Booking or Booking affected by PROCORP has been completed and the Client has authorized PROCORP to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’). IN THE CASE OF AIR TICKETS, FULL PAYMENT FOR THE BOOKING NEEDS TO BE MADE AND REFLECT IN THE BANK ACCOUNT OF PROCORP BY MIDNIGHT South African time on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
Note that all tickets carry different fare conditions as imposed by the relevant airline. The ticket you are purchasing may only be partially or non-refundable. To verify this before booking online please contact our offices online via Manage my booking, Request quote or Contact us.
Destination Selection
The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. It ALSO ACKNOWLEDGES that the internet Booking has been compiled and is managed and updated by the Principal, and that PROCORP has no control over information compiled by the Principal. Accordingly PROCORP CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Principal. Any right of recourse in that regard will be against the Principal. In addition to the above PROCORP cannot be held liable for incorrect availability being displayed by the Principal and we cannot be held liable if the seats selected are not available.
Payment and Payment Terms
The Payment is due immediately by Visa, Master, Electronic Funds Transfer, Cash Deposit at a bank, Bitcoin or Alt Coins, whichever is applicable, and must reflect in the bank account, the details of which will be provided on request of PROCORP by midnight South African time on the day that the Booking was made. If the Payment is not received as stated above, PROCORP or Principal involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING, in which event the full Payment (less any cancellation and administration fees) shall be refunded to the Client within 48 hours of the cancellation being processed.
In the event that the Payment was made after the aforementioned deadline, and should PROCORP inform the Client by means of a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the CLIENT WILL BE LIABLE for any difference between the original Quote and such higher price, and the revised Payment must reflect in the bank account of PROCORP before the deadline stipulated in the revised Quote in order to secure the Booking.
Card transactions will be acquired for PROCORP via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored by PROCORP separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za
PROCORP is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. PROCORP shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of a Booking. PROCORP do not offer credit, unless otherwise agreed.
Quotes
Quotes are provided at the ruling daily exchange rate. Until PROCORP has received Payment, we RESERVE THE RIGHT to amend any Quote. Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of Payment will be reflected in the Quote itself. The onus will be on the Client to check that there have been no changes in the Quote prior to making the Payment. Airfares are subject to the price and conditions quoted by the airlines. However, once Payment has been received, the Quote is guaranteed, PROVIDED THAT the payment was made by midnight on the day that the Booking was made. 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 Quote 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, and PROCORP will be entitled to retain any service fees charged. PROCORP accepts no liability for bookings that have been cancelled because no payment has been forthcoming.
Service Fee
These fees cover the costs incurred by PROCORP in booking and servicing your travel reservation. We also reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests or changes to your booking.
Please be advised that service fees and products are non-refundable in case of a cancellation.
Amendment Fees
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. The Travel Agent’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.
Procorp’s Indemnity
The proposed travel arrangements are made on the EXPRESS CONDITION that PROCORP, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) 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 (except if such Losses arise directly or indirectly from the gross negligence or wilful misconduct of PROCORP or any person acting for or controlled by PROCORP, in which case such claim shall be lodged in writing with PROCORP within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to R10 000 per Client per Booking). The CLIENT INDEMNIFIES AND HOLDS HARMLESS PROCORP or any person acting for or controlled by PROCORP accordingly.
Insurance
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). PROCORP will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon PROCORP to effect insurance for the Client (since this service does not fall within the scope of the Services) except upon detailed instructions given in writing by the Client. All insurance effected by PROCORP 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.
PROCORP 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 in PROCORP’s view may not be sufficient cover for international travel. The CLIENT IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determine whether this is sufficient for the Client’s requirements.
Travel Documents
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment.
Name Change Requests
Upon confirming your booking we advise you to CHECK THE SPELLING OF YOUR NAME and ensure that it is as per your passport/identity document. Should the spelling of your name not match your passport/identity document the airline may not allow you to board the plane or should you require a name change, and should it be permissible, airline penalties may apply. Please note that some airlines do not allow name changes for any reason whatsoever and may require you to buy a completely new ticket. PROCORP accepts no liability in this regard.
Passports, Visas & Health
It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
The Client is STRONGLY ADVISED to check the relevant requirements for their destination and any transit countries before travelling. PROCORP will endeavour to assist the Client if requested, but such assistance will be at PROCORP’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, PROCORP IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES PROCORP against any consequences of the Client’s failure to comply with any such requirements. It is the CLIENT’S DUTY to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases such as yellow fever. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure.
Cancellation
In the event of the Client cancelling the Booking, PROCORP shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by PROCORP, provided that PROCORP shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the Booking or reservation due to the death or hospitalisation of the Client. The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment (less PROCORP’s service fee) will be refunded by the Principal to the Client without any further obligation on the part of PROCORP. PROCORP will CHARGE A FEE for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Conditions or the Sites. Principals may charge cancellation fees over and above the cancellation fees charged by PROCORP in terms of this Condition.
Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of PROCORP, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S ACCOUNT. The Client should confirm whether any of these expenses may be covered by travel insurance, should this be applicable. It is the Client’s responsibility to confirm the specific provisions of the travel insurance.
Itinerary Variations & Transfers
While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and PROCORP shall NOT BE HELD LIABLE for any such variations. IT IS THE CLIENT’S RESPONSIBILITY to check each amendment to the itinerary. Please note that no passenger who has not utilised an outgoing flight on a return ticket will be allowed to make use of the return trip, except where , should it be permissible, prior arrangement has been made with the airline.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and PROCORP.
PROCORP 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.
This website is governed by the laws of South Africa and PROCORP 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, Plot 9, National Road, Kenley, Pretoria, 0129, South Africa.
Special Requests
Clients who have special requests must specify such requests in writing to PROCORP at least 48 hours prior to their outbound flight. Whilst PROCORP will use its best endeavors to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.
Amendments of these Conditions
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 authorized representative of PROCORP.
Refunds
Refunds by the Principals will be subject to their respective terms and conditions. PROCORP will charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
Once we have established the possible refund you are entitled to, we will request it with the airline or hotel on your behalf. For flight bookings the refund will be made by the airline directly to the account the booking was originally paid with. This can take 6 to 8 weeks depending on the airline. For hotel bookings, this usually takes approximately 4 weeks.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is EXCLUSIVELY THE CLIENT’S RESPONSIBILITY. This will apply especially when the Client instructs PROCORP to make and pay for travel arrangements on the internet.
E-ticketing: Documents required for travelling
It is the CLIENT’S EXCLUSIVE RESPONSIBILITY to ensure that he/she is in possession of all relevant travel documents prior to commencing with his/her travels. For example, the Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation.
Certain airlines require the physical credit card, used to make payment, to be presented at check-in (please change this, was check on should be check in) or a copy of the credit card and the card-holders ID, in addition the above mentioned documents. The requirement to have a valid passport or identity document and/or an unabridged birth certificate will apply to all members of a travelling party and for each minor travelling (including infants).
Internet Bookings
If the Client requests or instructs PROCORP to effect bookings via the internet, the Client IRREVOCABLY AUTHORIZES PROCORP to do the following on its behalf (1) make any selections of and for the proposed travel arrangements (2) inform the Client of the prices attached to the proposed travel arrangements PRIOR TO CONFIRMING the booking and (3) make payment for such booking and ancillary services.
Limitation of Liability
PROCORP, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, 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 PROCORP, UNLESS SUCH CLAIM IS DUE TO THE GROSS NEGLIGENCE OR WILFUL CONDUCT OF PROCORP AND SUCH CLAIM IS LODGED IN WRITING WITH PROCORP WITHIN 30 (THIRTY) DAYS AFTER THE DATE ON WHICH THE BOOKING IS MADE. SUCH LIABILITY WILL BE SUBJECT TO A LIMITATION OF R10 000 PER CLIENT PER BOOKING AND UNDER NO CIRCUMSTANCES WILL PROCORP BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
Legal Fees
In the event that PROCORP has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that PROCORP is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.
Confidentiality
Subject to statutory constraints or compliance with an order of court, PROCORP undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
PROCORP shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569.
Confirmation of Travel Arrangements
it is advisable that all onward travel arrangements (local, international and on return to RSA, domestic connecting flights) be Application (seventy-two) hours prior to departure with the airline.
General Terms and Conditions for Online Bookings
Bookings Online
Please note that over and above the online terms and conditions as set out below (‘the Online Conditions’), all online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail..
Intellectual Property
The Sites are owned by PROCORP and the domain names are registered in the name of PROCORP. All intellectual property rights in and to the aforementioned vests in PROCORP. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of PROCORP.
Changes & Modifications of these Terms and Conditions
PROCORP may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with PROCORP will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.
Access and Use
The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms. By clicking “continue” on the Passenger information page, prior to any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.
Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. PROCORP may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act].
Personal and noncommercial Use Limitation
The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to PROCORP or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the Client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the Sites, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites. In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:
i. access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of PROCORP;
ii. violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
iii. take any action that imposes, or may impose, in the discretion of PROCORP, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
iv. deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of PROCORP.
Liability Disclaimer
The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, PROCORP DOES NOT GUARANTEE THE ACCURACY of the hotel, air, and other travel products displayed on the Sites (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. PROCORP DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Sites are intended as only general guidelines, and PROCORP DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.
PROCORP may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. PROCORP makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by PROCORP. For the avoidance of doubt, the services rendered by PROCORP do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.
The Travel Agent hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of PROCORP or its affiliates. Affiliates include websites which click-through to the Website. PROCORP is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof.
PROCORP and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.
In no event shall PROCORP and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability, or otherwise, even if PROCORP and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you
Travel Destinations
By offering travel for sale to particular international destinations on the Sites, PROCORP does NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and is NOT LIABLE for damages or losses that may result from travel to such destinations.
Indemnification
The Client AGREES TO DEFEND AND INDEMNIFY PROCORP and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
i. the Client or on the Client’s behalf [in excess of the liability described above]; or
ii. by third parties as a result of
a. the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
b. the Client’s violation of any law or the rights of a third party; or
c. the Client’s use of the Sites.
No unlawful or prohibited Use
The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.
Links to other Websites
There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by PROCORP and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. PROCORP’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. PROCORP has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES PROCORP against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.
Applicable Law
Please note that the use of this Website is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.
General
Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and PROCORP as a result of this agreement or use of the Sites.
PROCORP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PROCORP’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by PROCORP with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and PROCORP with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and PROCORP with respect to the Sites.
Any rights not expressly granted to PROCORP herein remain reserved.
Communication from Sites
By making a booking on any PROCORP platform, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any bookings will continue to be sent.
Entire Contract
All the terms and conditions displayed on the Sites 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 PROCORP or otherwise that is not included herein.
