1. In this Contract, unless the context clearly indicates to the contrary, the following words and
expressions shall bear the meaning hereinafter assigned to them:-
a. “The Company” shall mean Innovent Travel (Pty) Ltd and/or anyone acting for or on behalf of
the Company, provided such person has been duly authorized and is acting within his or her
scope of duty.
b. “The Client” shall mean the person who applies (directly or indirectly) to the Company for the
Company’s services. The aforesaid will include but is not limited to a person who applies for
his own use or benefit or that of any other person and whether applying as principal, agent or
sub-Contractor. The Client shall include any other person on behalf of the Client or whom the
Client, represents and includes the Client in the Company’s Application to do Business form.
c. “the Conditions” shall mean these terms and conditions and those of the Principal, where
applicable;
d. “the Traveller” shall mean any person (whether or not such person is the Client) who utilizes
or obtains any benefit from the Services of the Company. The Traveller shall include a
potential Traveller.
e. “the Services” shall mean any travel or other service facility, product or matter incidental
thereto of whatsoever nature arranged or to be arranged by the Company (whether directly
or indirectly) to or for the Client or the Traveller. The aforesaid shall include inter alia but not
be limited to the providing of advice or information, the booking of reservations for
accommodation, transport or the like (whether by air, sea, land or otherwise), the application
for passports, visae or other travel contracts, the arranging or obtaining of insurance, any
other service or facility (even though not specifically requested by the Client or the Traveller)
provided by the Company or which the Company in its sole and absolute discretion deems
necessary or ancillary to the services of facilities requested, or anything else associated with
or related to travel.
f. “the Principal” shall mean the provider of accommodation, transport, and all other relevant
services or products arranged by the Company, or any services ancillary thereto provided by
the Principal or any other party.
2. The Company in its sole, absolute and unfettered discretion may perform all or any of the
Services, either personally or through the Principal. If any other person performs or renders the
Services the terms and conditions of the Company will nevertheless bind the Traveller mutatis
mutandis including any terms and conditions of any Principal or any such third party.

3. The Client and the Traveller specifically, irrevocably and unconditionally acknowledge and record that all
or any Services rendered are subject to the Conditions and that the Company would not have
contracted with the Client and/or Traveller if the Conditions were not binding on the Client and/or
Traveller.

4. The Client and/or the Traveller acknowledge and record that they are aware that the Company in
providing certain Services is acting as an appointed agent for and on behalf of Principals. The Company
represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury,
illness, harm or death which any Client and/or the Traveller may suffer as a result of any act or omission
on the part of or the failure of the Principal to fulfill 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 Client and/or the Traveller and any right of recourse the Client and/or the Traveller may have, will
be solely against the Principal. The Company will provide the identity and terms and conditions (or
access thereto) of all the Principals relevant to the service being provided for Client and/or the
Traveller’s booking. It’s the Client and/or the Traveller’s responsibility to familiarise itself with such
terms and conditions (‘the Principal’s Conditions’).

5. The Company shall not be bound by any promises, undertakings, warranties, representations advices,
recommendations, opinions or the like (whether express, implied, tacit by conduct or otherwise) unless
same are specifically recorded in the Conditions. The aforesaid shall apply inter alia to the Services or
anything else having any reference or regard thereto.

6. The Client agrees and undertakes and shall be obliged to ensure that the Conditions are brought to the
attention of and rendered binding on the Traveller. In any event and without derogating from the
aforesaid, the Client warrants and represents that it is authorised and entitled to enter into this Contract
on behalf of the Traveller. By signing this Contract the Client also binds the Traveller to the Conditions.

7. The Services are provided on the express condition that the Company, its employees and agents, shall
not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury,
illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any Client
(which shall be deemed to include the heirs, executors, administrators or assigns of the Client and/or the
Traveller), their luggage, or other property, howsoever caused whether or not arising from any act,
omission, default, or negligence on the part of the Company whatsoever, unless such claim is due to the
gross negligence of the Company and such claim is lodged in writing with the Company within 30 (thirty)
days after the end of the Services. Such liability will be subject to a limitation of R10 000, 00 (Ten
Thousand Rand) per Client or Traveller per Booking.

8. The Client indemnifies and holds harmless the Company, its employees and agents accordingly.

9. The Company, its employees and agents shall furthermore not be liable for any indirect and/or
consequential loss or damages whatsoever.

10. The Company shall in its sole and absolute discretion be entitled at any time to withhold any existing or
future Services. This will apply notwithstanding the fact that inter alia credit facilities have been granted
to the Client or the Applicant.

11. Payments for Services rendered or to be rendered by the Company, including payment for air tickets or
other payments or for Services, will be paid by the Client to the Company on demand, unless other
specific terms for payment have been agreed to by the company in writing.
a. Terms of payment will apply irrespective of whether or not the Services and/or arrangements
undertaken on behalf of the Client are used by the Traveller;

b. All amounts payable shall be effected in the currency of the Republic of South Africa without
deduction or set-off and payments shall not be withheld or deferred inter alia on account of any
claim or counter-claim which the Client or Traveller may have;
c. If payment is not received by the Company on due date, or the Client or Traveller is in breach,
commits an act of insolvency, is placed in liquidation or is sequestrated, the full balance owed by the
Client or Traveller shall immediately become due and payable and the Company shall be entitled
without prejudice to any other rights or remedies available to it, to claim interest on such arrears at
the rate of 2.5 % (two point five percent) above the prime overdraft rate charged by the Company’s
bankers for overdraft facilities from time to time from the date the Services were provided;
d. The Company in its sole and absolute discretion shall be entitled at any stage to claim payment on
demand of any amounts due to the Company and such amounts shall become due and payable
immediately;
e. Documents such as tickets, vouchers and itineraries will not be released until payment in full has
been received by the Company. Upon receipt of your travel documents, PLEASE CHECK that ALL the
details therein are correct.

12. Refunds for unused air tickets or cancelled bookings will only be made to the Client once such amount
has been received from the Principal concerned and the Client will remain responsible for any
cancellation fees, which may be set-off against the amount refundable to the Client. The aforesaid will
not detract from the Client’s obligation to effect timely payments to the Company.

13. All Services are subject to increases by the respective Principals, to exchange rate fluctuations and to
any taxes imposed within the Republic of South Africa or by any foreign authority governing any
respective foreign destination. This may apply even where such services have been paid for in full before
any increase, rate changes or legislation becomes effective if they apply retrospectively. The Client will
remain responsible for all disbursements already made, or committed to be undertaken, on its behalf by
the Company.

14. Without derogating from anything hereinbefore contained, in the event of there being any increase,
new levy or charge or fluctuation with the South African Rand against any foreign currencies which
arises at any stage in respect of the Services, same shall be for the account of the Client.

15. Notwithstanding anything to the contrary contained in this Contract or otherwise, it shall be the
exclusive obligation and responsibility of the Client and/or the Traveller to: -reconfirm airline
reservations with the respective airline at least 72 hours (seventy two hours) prior to departure or as
otherwise required by the airline in question;
a. ensure that all passports and visas are current, valid, obtained on time, and will be valid for six
months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for
malaria) and the like, where required, have been obtained. Please check the requirements with the
Company before travelling. The Company will endeavour to assist the Client but such assistance will
be at the Company’s discretion and the Client and Traveller acknowledge that in doing so, the
Company is not assuming any obligation or liability and the Client indemnifies the Company against
any consequences of non-compliance.
b. familiarise him/herself with the inherent dangers of and mental and/or physical condition required
for the proposed travel arrangements.
c. ensure that all passports are renewed. As a guideline, passports should be valid for 6 months after
your scheduled return to South Africa.
d. ensure that the details supplied to Company mirror those details shown on their passport for
international travel and ID documents for local travel.

e. without derogating from anything contained above, the Client and the Traveller will be obliged,
faithfully, diligently and timely to comply with all laws, conventions, rules, regulations and the like
having any reference or regard to the Services or any portion thereof which are rendered by the
Company. The Client and the Traveller further agree and undertake to comply with and be bound by
all terms and conditions relating to all or any Contracts (whether orally, in writing or otherwise)
which may be concluded on their behalf relating to the Services which are being rendered

16. The Client and the Traveller will be liable jointly and severally in solidum the one paying the other to be
absolved, for payment of all amounts due to the Company or fulfillment of any obligations arising out of
or pursuant to this Contract.

17. No waiver or condonation by the Company of any breach, failure or default in the performance by the
Client or the Traveller, and no failure, refusal or neglect of the Company to exercise any rights
hereunder or to insist upon strict compliance with or performance of the Client and/or the Traveller’s
obligations under this agreement, or any other indulgence allowed or shown by the Company to the
Client or the Traveller; shall constitute a waiver, variation or novation of any of the provisions of this
Contract or a waiver by the Company of its rights at any time, or operate as an estoppel or create an
estoppel against the Company.

18. No variation or alteration of these terms and conditions shall be binding on the Company unless reduced
to writing and duly signed by a duly authorised director of the Company.

19. This Contract constitutes the entire Contract between the parties and no warranties, promises,
representations, undertakings or the like shall be of any force and effect save insofar as same are
repeated and recorded herein or in a separate written Contract by the Company.

20. The Client and the Traveller agree to the jurisdiction of the Magistrate’s Court, notwithstanding that the
amount in dispute is otherwise beyond the jurisdiction of that court. The Company will have the option
to either to proceed in the Magistrate’s Court or any other court which may have jurisdiction. The
Applicant and Client agree to pay the Company all legal costs on an attorney and own client scale,
collection charges and tracing fees which may be incurred by the Company in connection with the
recovery of any amounts payable or the enforcement of any rights.

21. 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:
a. Firstly the managing director or equivalent of either party will meet within 5 (five) working days of
the dispute arising in an attempt to resolve the matter 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 within 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.
b. 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.

22. The Client and the Traveller choose as their domicilium cititandi et executandi at which address all
notices, legal processes, other documents can effectively be served and for all correspondence, the
address which appears in the “Application to do Business” form.

23. A certificate signed by any manager or director of the Company reflecting the amount owing by the
Client shall be prima facie proof of the Client’s indebtedness to the Company, the purpose of any action
or insolvency or for any other purpose whatsoever where the amount of such claim is required to be
established.

24. All or any obligations of the Client and the Traveller as set out hereinbefore shall be given effect to and
shall be binding on their heirs, executors, administrators, assigns, successors in title, Trustee and
liquidator.

25. DEED OF SURETYSHIP
a. The Client, the Traveller and Applicant binds himself in his/her private and individual capacity as
surety for and co-principal debtor in solidum with the company, close corporation, partnership, trust
or other legal entity on whose behalf he enters into this contract, in favour of the Company for the
due performance of any obligation of such entity and for the payment by such entity of any amounts
which may at any time become owing to the Company.
b. This suretyship shall be a continuing covering suretyship which may only be cancelled by the
Company in writing.
c. The amount recoverable in terms of the suretyship will be the full amount due and owing to the
Company at any time.
d. If more than one person signs the application, each signatory will be deemed to have signed a
separate contract of suretyship. If for any reason any one suretyship is not binding, then the
obligations of the remaining signatories will nevertheless be and remain of full force and effect.
26. CESSION OF CLAIMS, BOOK DEBTS AND DEBTS
a. The Client, the Traveller and the Applicant jointly and severally hereby irrevocably and in rem suam
cede, transfer, pledge, assign and make over to the Company all its rights, title, interest claim and
demand in and to all claims, debts, book debts of whatsoever nature and description and howsoever
arising which the Client, the Traveller or the Applicant may now or at any time hereafter have
against all and any persons, legal entities or any other legal personae whatsoever (‘the Debtors’)
without exception as continuing covering security for the due payment of every sum of money which
may now or at any time hereafter be or become owing by the Client, the Traveller or the Applicant
jointly and severally to the Company arising from the Conditions or the Services (‘the Debt’).
b. Should it transpire that the Client, the Traveller or the Applicant has entered into prior deeds of
cession or otherwise disposed of its rights, title, interest claim and demand in and to any of the debts
which from time to time will be subject to this cession, the Client, the Traveller or the Applicant shall
be entitled to institute action against any of the Debtors provided that all sums of money which the
Client, the Traveller or the Applicant collects from the Debtors shall be collected for and on behalf of
the Company and provided furthermore that the Company may at any time terminate the Client, the
Traveller or the Applicant’s right to collect such monies.

c. The Client, the Traveller and the Applicant acknowledge that the Company may at any time give
notice of this cession to any of the Client and/or the Traveller’s and/or the Applicant’s Debtors.
d. The Company hereby accepts the cession and its substitution for all purposes, mutatis mutandis, in the
name, place and stead of the Client, the Traveller and the Applicant with immediate effect and the
cession will remain in force until such time as the Debt and any other obligation and any further debts
alluded to in clause 27.1 above have been extinguished and/or the Company has agreed in writing to
terminate the cession.

27. INSURANCE – It is strongly advised that all Clients take out adequate insurance cover such as cancellation
due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and
sports equipment (Note that this is not an exhaustive list.) The Company will not be responsible or liable if
the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to
effect insurance for the Client except upon detailed instructions given in writing and all insurance effected
by the Company 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, and the Company 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. Once the insurance has been confirmed and
paid for, the Client will be issued with a policy document of the insurer.

28. LATE BOOKING & AMENDMENT FEES – A late booking fee per booking may be charged in respect of
bookings received within 4 working days prior to the departure date. This charge is levied to cover
communication expenses involved. An amendment fee per booking may be levied for any changes to the
confirmed itinerary.

29. FORCE MAJEURE – The Company shall have the right to cancel any contract should its fulfilment be
rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, Act of God, force
majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly
constituted authorities or any other cause beyond the control of the Company.

30. 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.