THIS WEB SITE COMPLIES WITH THE VOLUNTARY PRIVACY PRINCIPLES CONTAINED IN THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002, (“ECT Act”).
“this web site” means www.cloudtravel.co.za
user” means any person accessing any part of the web site
Collection of personal data
2. Where personal information (such as the user’s name, address, telephone number and e-mail address) is submitted to the web site by the user (e.g. through sending an e-mail) the following principles are observed in the handling of that information:
a. This web site collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested.
b. This web site will not use the personal information submitted for any purpose other than the efficient provision of services, including this web site, without obtaining the prior written approval of the user or unless required to do so by law.
c. This web site will keep records of all personal information collected and the specific purpose for which it was collected for a period of one year from the date on which it was last used.
d. This web site will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained or the web site is required or permitted to do so by law.
e. If information is released with the user’s consent this web site will retain a record of the information released, the third party to whom it was released, the reason for the release and the date of release, for a period of one year.
f. This web site will destroy or delete any personal information which has become obsolete.
3. Note that, as permitted by the ECT Act, this web site may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
Collection of anonymous data
4. In order to provide the best possible service, this web site uses standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
5. This web site utilises temporary or session cookies that collect the first level domain name of the user. This means that if the e-mail address is email@example.com, the cookie will collect the “email.com” part of the address.
Cookies are small pieces of information sent to the user’s browser and stored on the user’s hard drive. Temporary or session cookies expire and are deleted when the browser is closed.
Cookies by themselves cannot be used to personally identify users.
If necessary users can alter the manner in which their browser handles cookies.
Links to other websites
7. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, Cloud Travel Agency Pty Ltd can not under any circumstances be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of Cloud Travel Agency Pty Ltd or any third party.
STANDARD TERMS OF BUSINESS OF CLOUD TRAVEL AGENCY PTY LTD (REFERRED TO IN THESE TERMS AS “WE”, “US” AND “OUR”)
1. All business undertaken by us, including any advice, information or service we provide, whether we charge for it or not, shall be subject to these terms. No alteration of these terms shall be effective unless the change is recorded in writing and signed by one of our directors. No act or omission shall be construed as a variation or a waiver by us of any of these terms.
2. The customer shall be deemed to be the agent of any person who uses the services provided (“the traveller”) and shall be deemed to have warranted that he has the authority to so act, and that he has brought these terms to the notice of the traveller. Any reference herein to the customer shall include the traveller.
3. We represent hotels, airlines, car rental companies and related travel organisations (“the suppliers”), but we do not accept responsibility for any failure of a supplier to meet its obligations to the customer or traveller. All coupons, tickets and receipts are issued subject to the terms and conditions specified by the suppliers and, by accepting the coupons and tickets, and utilising the services, the customer and traveller become contractually bound to the suppliers.
4. It is the responsibility of the customer and traveller to:
4.1 arrange adequate insurance against cancellation, delay, injury, medical expenses, personal liability and loss of baggage. We will assist the customer to do so on receipt of instructions and payment of the premium. Should the insurer dispute its liability for any reason, the customer shall have recourse against the insurer only.
4.2 Obtain valid passports, visas, vaccination and inoculation certificates and to ensure that such documents remain valid for periods required by consular and other authorities.
5. We shall not be liable, whether for breach of contract or negligence, for any loss, damage or injury however arising unless the loss, damage or injury was directly caused by our gross negligence, and if this is the case, our liability will be limited to R10 000 per customer or traveller.
6. We will not in any circumstances be liable for any consequential or indirect loss howsoever caused.
7. Any claim for a refund in respect of services not used must be submitted to us in writing within 30 days of the incident giving rise to the claim. A refund, less any communication and administration costs, will only be made once the amount has been received from the supplier.
8. We shall not be liable for any cancellation, delay, re-routing or other change to any flight caused by, inter alia, weather conditions, financial circumstances (including insolvency) of the airline or its partner airlines, terrorism or any military or counter-terrorism activity, or for the loss of any payments made; nor for the consequences of any consular requirements or delays.
9. Any increase in fares, accommodation and other costs as a result of currency fluctuations or otherwise between the date of booking and the scheduled departure date shall be for the customer’s account and shall be payable on request.
10. Our relationship with the customer shall be governed by the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. The customer chooses the physical address specified on the face of our credit application as its address for all purposes arising out of this relationship.
11. The customer shall pay our invoices in cash on presentation and no payment shall be withheld or deferred on account of any claim, counter-claim or setoff.
12. Interest on any overdue amounts will be payable at 2% above the prime overdraft rate charged by our bankers from time to time.
13. Documents or other items including cash, cheques, bank drafts or other remittances sent to us through the post shall only be deemed to have been received by us when they have been delivered to us by the postal authorities.
14. We will cancel any agreement in respect of which payments have fallen into arrears and, in the event of this right being exercised; the full balance outstanding shall become due and payable immediately.
15. If we instruct attorneys to collect from the customer any amount owing to us, the customer shall pay all costs on the attorney and client scale, including collection charges. The customer agrees that action may be instituted in any Magistrate’s Court notwithstanding that the amount in dispute exceeds such court’s jurisdiction.
Kindly take notice that Cloud Travel Agency Pty Ltd is a credit provider as envisaged in the National Credit Act, 2005. The standard terms and conditions contained herein might be varied without notice, in compliance with the Act, the regulations and the guidelines issued under the aforesaid Act.