Terms & Conditions
Invoices:
All invoices shall be due in accordance with deposit terms outlined in this Agreement. Any amount payable by the client to the supplier in terms of this Agreement and not paid on due date, shall accrue interest at 2% (two per centum) above prime bank overdraft rate as advised by the suppliers’ Bank. All bank charges incurred are for the account of the Client and will be billed accordingly.
Cancellation by E.Y.E’s ON SITE:
E.Y.E’s ON SITE reserves the right to cancel this Program forthwith and without liability on suppliers’ part in the event of any damage to, per destruction of the allocated venues for this Program by fire, vis major, act of God, any shortage of labor or food supplies, strikes, lockouts, and industrial unrest, or any other causes beyond control of the supplier which shall prevent supplier from performing suppliers’ obligations in connection with this Program. In these circumstances every effort will be made by supplier to accommodate Program at another establishment.
Liability:
Neither E.Y.E’s ON SITE nor third party suppliers’ agents shall be liable for any damages or loss which may be caused to any of the goods of the client or customer, client or customer’s employees or invitees participating in the Program for whatever reason, nor to any injury or loss of life to the client or customer employees or customer’s invitees howsoever caused. The client further indemnifies and holds harmless the supplier against any client that may be against E.Y.E’s ON SITE by client and/or client’s associates relating to the provisions of the clause.
Client Liability:
The client shall be responsible for any damages caused to the allocated venues and supplied equipment, by any act or omission of the client or employees of the client.
Alterations and amendments:
E.Y.E’S ON SITE shall be entitled to revise prices based on changes in airfares and/or land transport mentioned in customer’s Program should conditions necessitate it, also concerning availabilities at the time of confirmation of reservation prior to client signature on this Agreement. Telecommunication and administration costs will be charged to client by supplier for major changes to Program content (such as dates or locations) made after client signature on this Agreement and when the client signed Agreement has been received by supplier. The prices and availabilities for hotels, car rental, bus companies, etc. proposed in supplier’s itinerary for this Program are correct on the date of proposal, and may change by the time or client confirmation signature on this Agreement. E.Y.E’s ON SITE will not be responsible for any changes made to prices or advertisements to customer by client regarding hotels, car rentals, bus companies and supplier will not be liable for misrepresentation, false or deceitful representations by client to customer.
Service Agreement:
Any service agreement signed by both parties constitutes the whole agreement between the parties and no warranties or representations, whether express or implied not stated herein shall be binding on the parties. No agreement at variance with the terms and conditions herein shall be implied not stated herein shall be binding on the parties. No agreement at variance with the terms and conditions herein shall be binding on the parties unless reduced to writing and signed by or on behalf of the parties by duly authorized persons.
Reservations / Deposit / Final Payment
Individuals:
30% deposit of the total estimated turnover is required to confirm reservations in order to secure the booking. No deposit will be made by E.Y.E’s ON SITE as confirmation of bookings to hotels, car rental companies, transportation companies, restaurants, etc. without prior receipt of this deposit.
Should E.Y.E’s ON SITE not receive the deposit in due time in order to secure the bookings, it cannot take responsibility for bookings cancelled by the suppliers concerned.
Full and final payment is due not later than 50 days prior to the arrival of the clients.
All prices are net of commission; any bank transfer costs incurred by E.Y.E’s ON SITE will be charged.
Upon confirmation of services, the client accepts E.Y.E’s On Site terms and conditions. The terms under which you agree to use E.Y.E’s ON SITE’s services cannot be changed.
Incentive and Leisure Groups:
A 20% deposit of the total estimated supplier Program price is required to confirm all services ordered by the client. Should 20% not be sufficient to cover the required deposits by the suppliers, supplier reserves the right to request a higher percentage with advance notice and documentation provided to client.
Should E.Y.E’S ON SITE not receive the deposit in due time in order to secure the Program services, supplier cannot take responsibility for services cancelled by E.Y.E’s ON SITE and the E.Y.E’s ON SITE third party suppliers concerned.
A further 50% deposit of the total estimated Program price is required 3 months prior to customer’s Program arrival and full prepayment of the remainder due is required not later than 30 days prior to Program arrival. Rooming and special request lists shall be required 30 days in advance of Program arrival. Should the payment not be received within the stipulated periods above, E.Y.E’S ON SITE reserves the right to cancel the services contemplated under this Agreement.
All prices are net of commission.
Upon confirmation of services by client signature on this Agreement, the client accepts E.Y.E’S ON SITE terms and conditions. The terms under which client agrees to use supplier services cannot be changed without mutual consent of both parties.
Credit Card Payments:
Client payment by Credit Card will be subject to a credit card swipe fee of 4% for all major credit cards, except for American Express, which will be subject to a credit card swipe fee of 5%. Credit Card payments will only be processed upon receipt of the completed & signed credit card authorization form from client, which much be accompanied by signed copies of the front & back of the respective credit card as well as a signed copy of the card-holder’s passport/ID Document
E.Y.E’s ON SITE reserves the right to decline payments by credit card.
Cancellations / Reductions:
Should this Program be cancelled or reduced after confirmation signature on this Agreement, up to 30 days prior to Program arrival, client will be subject to a 10% cancellation fee on the total applicable Program price, over and above the respective hotels and E.Y.E’s ON SITE third party suppliers cancellation policies/fees applicable at time of cancellation.
Should this Program be cancelled or reduced less than 30 days prior to arrival, client will be subject to a 15% cancellation fee on the total applicable Program price, over and above the respective hotels and E.Y.E’s ON SITE third party suppliers cancellation policies/fees applicable at time of cancellation. The cancellation fee will be waived only in the case of the death of Customer’s participant for whom the reservation was made subject to proof. In the case of hospitalization of the Customer’s participant, proof must be provided to the supplier in order for the cancellation fee to be waived. Upon receipt of these “proofs” from client, E.Y.E’S ON SITE takes will relay this information to the respective hotels and E.Y.E.’s ON SITE third party suppliers.
E.Y.E’s ON SITE will do all in E.Y.E’s ON SITE’s power to keep cancellation charges at a minimum but cannot guarantee that the concerned E.Y.E’s ON SITE third party suppliers will always give a positive response.
Applicable booking and payment conditions, deposits as well as cancellation policies of E.Y.E.’s ON SITE and E.Y.E’s ON SITE third party suppliers are available on request by client.
For your information:
E.Y.E’s ON SITE acts as a booking agent for hotels, airlines, air charters, bus companies, ground transportation, restaurants, and/or other services. Each of E.Y.E’s ON SITE third party suppliers is an independent corporation with its own management and is not subject to the control of E.Y.E’S ON SITE other than those typical of E.Y.E’s ON SITE as agent for those third party suppliers.
All Program services like those described in this Agreement are accepted by E.Y.E’s ON SITE, as agend for thirdparty suppliers and because E.Y.E’s ON SITE does not have the right to control the operations of the third party suppliers, E.Y.E’s ON SITE cannot be held liable for any personal injury, property damage or alteration to Program services made subsequent to the Program.
Force majeure:
‘FORCE MAJEURE’ means, in relation to E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers, any circumstances beyond the reasonable control of EYE’s ON SITE or E..Y.E’s ON SITE third party suppliers, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness quarantine, government intervention, weather conditions or other untoward occurrences.
If the E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers or the representative thereof is affected by FORCE MAJEURE E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers shall forthwith notify the client of the nature and extent thereof.
E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers shall not be deemed to be in breach of these terms and conditions or otherwise be liable to client, by reason of delay in performance, or by non-performance, of any of E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers obligations hereunder to the extent that any such delay or non-performance is due to any FORCE MAJEURE.
If E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers is affected by FORCE MAJEURE E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers shall be entitled to, and may in E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the Program. Payment of any refund by the E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers obligations hereunder shall remain in E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers sole and absolute discretion, although E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers shall use its reasonable endeavours to reimburse you where possible. However, E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers shall be entitled to deduct from any refund recoverable actual and potential costs incurred by E.Y.E’s ON SITE or E.Y.E’s ON SITE third party suppliers due to the FORCE MAJEURE.
Surcharges and rates:
Although E.Y.E’s ON SITE hopes that E.Y.E’s ON SITE will not need to levy surcharges E.Y.E’s ON SITE reserves the right to do so on the invoice amount, if this becomes necessary.
E.Y.E’s ON SITE shall notify client in writing as soon as E.Y.E’s ON SITE is aware of any likely surcharges and client must pay the amount of such surcharge. If the surcharge is not paid, the E.Y.E’s ON SITE may construe such non-payment as an act of cancellation on client’s part.
Rates used in the Program are based on tariffs and exchange rates valid at the time of printing this Agreement. E.Y.E’s ON SITE reserves the right to recalculate the tour costs and apply the differential as a surcharge. Any refund made by E.Y.E’s ON SITE shall be at E.Y.E’s ON SITE sole and absolute discretion.
Confidentiality:
E.Y.E’S ON SITE agrees to hold all data and information related to the Program, and client or customer or customers participants / attendee data and information (including without limitation to financial data, pricing and costs, personal identifiable information, programmed content, client’s customer information and participant/attendee information) in strict confidence. Such data and information may not be used, accessed, disclosed, transferred or transmitted by E.Y.E’S ON SITE to any third party without the prior written approval of the client and customer provided that such third party has signed a confidentiality agreement with requirements at least as stringent as those contained herein and such use, access, disclosure, transfer or transmittal of data and information is only for the benefit of the client and customer in connection with performing service.
E.Y.E’S ON SITE agrees to immediately notify the client of any known misappropriation, or un-authorized disclosure, access or use of any client or customer data and information by a person or entity of such data or information or breach of security internal to E.Y.E’S ON SITE that has exposed the client or customer data and information to un-authorized individuals. Such notification will be made by E.Y.E’S ON SITE via telephone and email detailing the known facts of the incident. E.Y.E’S ON SITE will update the client on a daily basis and take all steps requested by client with customer approval, to limit, stop, or otherwise remedy such misappropriation or un-authorized disclosure, access.
Legal Recourse:
E.Y.E’S ON SITE agrees to notify the client in writing of any intention to make contact with any third party, should the client fall behind in payments due as per this Agreement procedure. This notice to the client will give the client five days to rectify the payment lapse, failing which the supplier will make what contacts supplier sees fit to protect supplier’s financial exposure and to provide to the third party whatever information the third party may require to assist in rectifying the payment agreement. The client and the supplier will do all that is possible to avoid this necessity. The client further understands and agrees that should the payments outstanding reach an amount in excess of R100, 000.00 then any further services may, at the supplier/s total discretion, be refused, until the payments compliant to this Agreement have been made.
Travel documents and vaccinations:
It is the client’s responsibility to ensure that client and customer passports, visas, travel permits, health certificates, inoculations, valid international driving license, personal travel insurance (mandatory), or other documentation required for customer’s Program are obtained and are in order prior to Program arrival. It isclient’s responsibility to meet any additional costs incurred either by client or customer (or by the supplier on client’s behalf) as a result of any failure by client and/or customer to comply with such requirements.
Special requests:
Client must advise the supplier in writing of any special requests, e.g. diet, facility or physical handicap, when client submits customer participant reservation to the supplier. The supplier will meet with such special requests, if possible and immediately notify client if any special requests cannot be met. Please note that any indulgence shown to client and/or customer shall not constitute a waiver or notation of supplier’s rights.
Photography:
The supplier reserves the right without further notice to make use of any photography or film taken on the trip by supplier staff for general purposes with client’s prior permission.
Disputes:
If client and/or customer have any cause for complaint while travelling, client must immediately bring the complaint to the attention of the supplier’s management or agent who will attempt to resolve it.