Terms & Conditions
In this Contract, unless the context clearly indicates to the contrary, the following words and expressions shall bear the meaning hereinafter assigned to them:-
New Immigration Amendment Act
The new regulations, require that all parents arriving, transiting and departing from SA are to produce an unabridged birth certificate for their children under the age of 18. Families not in possession of these documents will be refused to travel. In the case where only one parent is travelling with the children, consent in the form of an affidavit from the other parent registered is required. Alternatively, either a court order granting full parental responsibilities and rights or a death certificate of the other parent must be produced.
“The Company” shall mean XL Blue Planet Travel, 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.
“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.
“The Conditions” shall mean these terms and conditions and those of the Principal, where applicable;
“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.
“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, visas 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 it’s sole and absolute discretion deems necessary or ancillary to the services of facilities requested, or anything else associated with or related to travel.
“The Principal/Supplier” 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.
1.1. XL BLUE PLANET TRAVEL, Registration Number 2008/124348/23 (“XL BLUE PLANET TRAVEL”) is wholly owned.
1.2. XL BLUE PLANET TRAVEL is an intermediary as defined in the Consumer Protection Act 68 of 2008 and carries on business under the Code of Conduct as stipulated by the Association of South African Travel Agents ("ASATA") and provides clients (you/your) with travel and/or other services on behalf of principals and/or other agents engaged in, or associated with the Travel Industry, including inter alia, airlines, tour operators, hotels, shipping companies, car hire and other providers of air, land, sea or any other travel arrangements, products or services (collectively referred to as ‘Third Party Service Providers’). XL BLUE PLANET TRAVEL will provide you with the identity as well as terms and conditions of all Third Party Service Providers, if such terms and conditions are in the possession of the XL BLUE PLANET TRAVEL, and it is your responsibility to familiarise yourself with such terms and conditions and to obtain further clarity regarding the terms and conditions imposed therein.
1.3. XL BLUE PLANET TRAVEL may refer to themselves as an “agent” from time-to-time but are not agents for any third party/parties.
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered.
3. Destination selection
You acknowledge that you have selected the itinerary and destination(s) constituting the booking based on information gleaned from brochures, the Internet and/or any other medium/source. You also acknowledge that such brochures and/or the Internet have been compiled and are managed by the Supplier (Principal) over which XL BLUE PLANET TRAVEL has no control. Accordingly, XL BLUE PLANET TRAVEL cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Third Party Service Providers.
While it is possible to break away from the itinerary, it is understood that such breakaways will be for your account.
5. Date changes
Travellers or their agent can make most date changes directly with the airlines involved while they are travelling. Some dates may only be changed through the XL BLUE PLANET TRAVEL. Availability of seats and date change fees are subject to the airlines’ policies and fare rules. XL BLUE PLANET TRAVEL can advise about the policies regarding a specific itinerary on request. The XL BLUE PLANET TRAVEL can assist in making your date changes for a fee (schedule of fees available) in addition to the date change fees charged by the carrier. Some airlines may not allow date changes. In order to change the travel dates of such tickets, the ticket must be submitted for a refund and a new ticket purchased for the new travel dates. (Please see the section on Cancellations, below.)
6. Routing changes
Once tickets have been issued, routing changes (including adding, removing, or changing stopovers or connections) may not be permitted by all airlines. If a routing change is needed, the ticket may need to be submitted to us for a refund and a new ticket purchased for the new travel routing. (Please see the section on Cancellations, below.).
You agree that you will at all times comply with the XL BLUE PLANET TRAVEL ’S or the Third Party Service Provider’s requirements in regard to your conduct and you will not in any way constitute a nuisance or a danger to any other passenger on the trip.
8. Special requests
If you have special requests you must address such requests must be addressed to the XL BLUE PLANET TRAVEL in writing well before the departure date. Whilst XL BLUE PLANET TRAVEL will use its best endeavours to accommodate such requests, it does not guarantee that it will be in possible to meet all demands.
9. Bookings with Third Party Service Providers
9.1 XL BLUE PLANET TRAVEL only acts as an intermediary between the client (you/yours) and Third Party Service Providers, and accordingly on receipt by XL BLUE PLANET TRAVEL of any request for a booking(s) in a brochure or tailored quote, XL BLUE PLANET TRAVEL shall transmit any such booking to the Third Party Service Provider/s concerned and endeavour to secure timeously all reservations and arrangements. XL BLUE PLANET TRAVEL shall not be liable in the event of default and/or theft of money and/or any liability as a result of non-performance by the Third Party Service Provider/s. To the extent that the client (you/yours) have a claim against the Third Party Service Provider/s then XL BLUE PLANET TRAVEL hereby cedes all right, title and interest against the Third Party Service Provider/s to the client in order for the client to enforce their rights.
9.2 All quotations or estimates provided by or bookings made with and/or all services or vouchers, receipts or tickets issued by or on behalf of XL BLUE PLANET TRAVEL are subject to these Standard Terms and Conditions (STC) and that of any Third Party Service Providers.
9.3 Third Party Service Providers may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate principals such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all travellers.
9.4 XL BLUE PLANET TRAVEL furthermore does not accept liability for any actions, errors or omissions of the Third Party Service Providers and/or their agents, which may be prejudicial to you or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damage to your belongings whatsoever and you indemnify XL BLUE PLANET TRAVEL accordingly. The conditions of the Third Party Service Providers shall constitute the sole contract between the Third Party Service Providers and you and any right of recourse you may have, will be solely against the Third Party Service Providers.
10.1 Neither XL BLUE PLANET TRAVEL nor any holding, parent, subsidiary, affiliated or associated company or representative shall be liable for any injury, illness, harm, trauma, death and/or loss of or damage to your belongings whatsoever howsoever caused and you indemnify XL BLUE PLANET TRAVEL accordingly. XL BLUE PLANET TRAVEL, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of a XL BLUE PLANET TRAVEL ’s employee(s)
10.2 XL BLUE PLANET TRAVEL and its representatives shall not be responsible for any loss of profit or any direct, indirect, special, incidental, or consequential damages occurring during or after the services are rendered. XL BLUE PLANET TRAVEL shall not have any liability and contract, delict or otherwise including any liability for negligence howsoever arising out of or in connection with the performance of the Third Party Service Provider/s obligations occurring during and after services are rendered. In no instance shall XL BLUE PLANET TRAVEL be liable to the client or any other party under this agreement or any other booking, for any loss of revenue, business, contracts, anticipated savings, profit’s or for any indirect consequential loss howsoever arising.
11. Bookings, change of arrangements, routes and prices
11.1. "The booking" or "the reservation” refers to part, or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a client (you/yours) with Third Party Service Providers, and excludes services of a peripheral nature. Any booking made by XL BLUE PLANET TRAVEL constitutes a form of contract between you and the Third Party Service Providers and is consequently subject to the terms and conditions of XL BLUE PLANET TRAVEL and such Third Party Service Providers’ conditions of agreement of business.
11.2. Wherever possible, XL BLUE PLANET TRAVEL will endeavour to confirm the status of any booking in writing, but we may not always be able to do so. In such cases, failure to provide written confirmation shall not be considered to negate the validity and conditions of the booking or to constitute an act of negligence on behalf of XL BLUE PLANET TRAVEL.
11.3. In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of XL BLUE PLANET TRAVEL, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc) will be for your account.
11.4. A late booking fee may be charged in respect of bookings received within 7 (seven) working days prior to the departure date. This charge is levied to cover communication and other expenses involved. An amendment fee may be levied for any changes to the confirmed itinerary in the event that they are received within 7 (seven) working days prior to the departure date.
11.5. Notwithstanding anything contained to the contrary herein, unless full payment is due at the time of making the booking, all bookings must be accompanied by the requested deposit or guarantee. XL BLUE PLANET TRAVEL reserves the right to cancel any booking without prejudice, in the event of full payment or a deposit or part thereof not being received. The price quoted to you is based on fares, hotel prices, land costs and other relevant costs at the date of XL BLUE PLANET TRAVEL ’s quote. In the event of there being any increase in any of the a foregoing costs prior to the issuing of the documents, such variation shall be for your account and payable on request by XL BLUE PLANET TRAVEL, as shall any increase in the price(s) quoted arising from the fluctuation in rates of exchange.
11.6. Documents will not be issued until such time that full payment is cleared by XL BLUE PLANET TRAVEL ’s bankers. The onus will be on you to check that there have been no changes in the price prior to making full and final payment. However, airfares are subject to the fare and fare rule conditions quoted by the airlines and cannot be guaranteed by XL BLUE PLANET TRAVEL. Should yours be a group booking and the group number deviates from the number required for the booking, the Third Party Service Providers may reserve the right to re-cost the price and raise a surcharge. Should you or any party of your group refuse to accept and pay such surcharge, it may result in the Third Party Service Providers cancelling the booking and retaining any payment made. XL BLUE PLANET TRAVEL will be entitled to retain any service fees charged.
12. Online check in
Airlines require travellers to do online check in’s 24 to 48 hours (depending on the airline) prior to departure. It is the client’s responsibility to make sure that this is done.
13. Airline default/involuntary schedule changes
XL BLUE PLANET TRAVEL takes no responsibility in the event of an airline’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended.
Prices are not guaranteed until tickets have been paid for in full and issued, and are subject to change at any time until then. As soon as we receive payment, we will begin ordering and issuing tickets.
be discussed with your travel consultant. XL BLUE PLANET TRAVEL urges you to take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. Kindly check with your respective credit card company directly to obtain specific details of the complimentary cover.
PLEASE NOTE: IT IS YOUR DUTY TO OBTAIN THE NECESSARY INSURANCE COVER FROM AN APPROVED AND RECOGNISED TRAVEL INSURER.
19. Peripheral requirements
19.1 XL BLUE PLANET TRAVEL will, on request, endeavour to assist you in obtaining or meeting the requirements for passports, visas, health documents, insurance, foreign exchange, Reserve and other bank approvals, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with principals and other parties for whom XL BLUE PLANET TRAVEL act as intermediaries and referred to as "the booking" or "the reservation", . However, due to the constant changing nature of such peripheral requirements and services, XL BLUE PLANET TRAVEL cannot be held liable for ensuring that these requirements and services are provided correctly or timeously or at all, nor the accuracy of any information or any lack of information relating to such requirements and/or services.
20.1 XL BLUE PLANET TRAVEL will endeavour to provide the services required by the customer, but in the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of you, XL BLUE PLANET TRAVEL reserves the right to claim the services, administration, communication and cancellation charges which will inter alia depending on the debits XL BLUE PLANET TRAVEL receives from its suppliers. Failure to cancel will result in the total booking cost being payable. XL BLUE PLANET TRAVEL reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Any bookings cancelled after confirmation may be subject to a cancellation fee. These vary from Third Party Service Provider to Third Party Service Provider and should be verified at the time of booking. XL BLUE PLANET TRAVEL may apply for the refund on your behalf however XL BLUE PLANET TRAVEL is not responsible should this application be denied for any reason.
20.2 Some tickets are completely non-refundable according to airline fare rules. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government travel warnings will not entitle the you to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded. If tickets can be refunded, cancellation penalties can be up to 70% of the cost of the tickets are imposed by the airline and can take as long as 6 (six) months to a year or longer to obtain from the airline. Trip cancellation and interruption insurance is therefore highly recommended. For the best coverage, travel insurance should be purchased at the same time as the airline tickets.
21. Verification of Travellers' Names and Travel Details
It is important that you provide XL BLUE PLANET TRAVEL with the travellers' names as per the passenger/s travel documents (South African ID or passport). Failure to do so could result in denied boarding or deportation due to name mismatch information. It is the client’s responsibility to confirm that all of the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s is submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by you.
22. Passports, visas & health
22.1 You are responsible for obtaining any necessary visas and travel permits for all countries that you will be travelling to or transiting through, and for informing yourself/selves as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on your nationality, the length of stay, and the purpose of the visit, among other factors. Visa information and visas can be obtained by contacting the Consulate or Embassy of the countries involved or from a visa service company. It is entirely your duty to ensure that all passports and visas are current, valid, obtained on time and that your passport will be valid for six months to one year after your return to your home country and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with XL BLUE PLANET TRAVEL before travelling. XL BLUE PLANET TRAVEL are not lawyers, and nothing we say should be interpreted as legal advice concerning visas, entry requirements, immigration, or residency. XL BLUE PLANET TRAVEL will endeavour to assist you but such assistance will be at the XL BLUE PLANET TRAVEL ’s discretion and you acknowledge that in doing so, XL BLUE PLANET TRAVEL is not assuming any obligation or liability and you indemnify the XL BLUE PLANET TRAVEL against any consequences of non-compliance. It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical condition required for your proposed travel arrangements.
22.2 XL BLUE PLANET TRAVEL cannot be held responsible for: Denial of your visa application for any reason; Delay of issuance of your visa by the relevant consulate or High Commission; Loss of your passport(s) by the consular offices and/or courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Passport application delays; incorrect issuance of passport or visa
PLEASE NOTE THAT A VISA DOES NOT GUARANTEE ENTRY TO ANY GIVEN COUNTRY AT POINT OF ENTRY.
23. Malaria and other tropical diseases: WARNING
Certain parts covered by your itinerary may be areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return
24. Other documents
Other documents that may be required for your journey are your identity document, an international driver's license, inoculation certificates and hotel, car and tour vouchers. Please ensure that you check all of these documents at the time of issue where applicable, prior to your departure.
25. Third party service providers default/involuntary schedule changes
XL BLUE PLANET TRAVEL takes no responsibility in the event of an airline or any other third party’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers this default is highly recommended.
Airline tickets presented for refund are subject to delays of approximately 2 weeks but could take longer. XL BLUE PLANET TRAVEL is unable to refund monies before receipt of funds from the relevant Third Party Service Providers. All refunds are subject to a 10% administration fee payable to XL BLUE PLANET TRAVEL, which is calculated on the value of the ticket submitted for refund or the amount of the refund claimed, whichever is the larger amount. This fee is over and above any cancellation fee which may be charged by the Third Party Service Provider to whom the refund is submitted. Refunds by the Third Party Service Provider will be subject to their terms and conditions which you are responsible for familiarising yourself with. XL BLUE PLANET TRAVEL, as an intermediary, can only assist in processing and following up on your refund. In no way whatsoever does XL BLUE PLANET TRAVEL or any of its employees guarantee a refund unless it is reduced to writing and provided by the Third Party Service Provider.
27. Foreign currency
This may be purchased up to 60 days prior to departure. You can place your foreign exchange order with your XL BLUE PLANET TRAVEL consultant. Foreign exchange regulation compliance is your exclusive duty. This will apply especially when you instruct XL BLUE PLANET TRAVEL to make and pay for travel arrangements on the Internet.
Subject to statutory constraints or compliance with an order of court, XL BLUE PLANET TRAVEL undertakes to deal with all your information of a personal nature on a strictly confidential basis.
29. Internet bookings
If you request or instruct XL BLUE PLANET TRAVEL to make bookings via the Internet, you irrevocably authorise XL BLUE PLANET TRAVEL to do the following on your behalf:
(1) make any selections of and for the booking;
(2) make payments; and
(3) accept booking conditions.
You also consent and acknowledge to having read the terms and conditions, including the fare rules for the airlines in question, and irrevocably consent to being bound thereto.
You must be ready to show your identity document/passport and that of each member of your party and possibly your credit card at the check-in counter of the airline concerned. Please note that airlines also require presentation of your identity document / passport at the time of boarding.
31. Important notes
Airlines reserve the right to withdraw airfares without notice. We cannot guarantee airfares, airport taxes and fuel surcharges until paid in full and the air tickets have been issued. Certain destinations may also require a departure tax which is payable locally upon departure in cash. These are not included in the prices quoted. Prices are subject to change without notice until payment has been received in full, whether a reservation has been made or not. By accepting this confirmation and offering payment therefore it will be deemed that you have read, understood and accept our terms and conditions.
32. Interpretation, law applicable and jurisdiction
Words implying the singular, shall include the plural and vice versa, words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa. This agreement is governed by South African Law. The Parties hereby consent to the jurisdiction of the appropriate Magistrate's Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business. This document reflects the only and full agreement between you and XL BLUE PLANET TRAVEL and 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. You acknowledge that you have not relied on any matter or thing stated on behalf of XL BLUE PLANET TRAVEL or otherwise that is not included herein. No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by XL BLUE PLANET TRAVEL, this document will always have preference. You will be liable for all legal fees of an attorney and own client scale in the event that XL BLUE PLANET TRAVEL has to engage a lawyer to enforce or defend any of its rights or otherwise.
AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES:
33. Notice of liability limitations
33.1 The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
33.2 Where the Montreal Convention applies, the limits of liability are as follows:
33.2.1 There are no financial limits in respect of death or bodily injury. In respect of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,200; US $1,470) per passenger in most cases. For damage occasioned by delay to your journey, 4,150 Special Drawing Rights (approximately EUR 5,000; US $6,000) per passenger in most cases.
33.3 EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.
33.4 Where the Warsaw Convention system applies, the following limits of liability may apply:
33.4.1 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
33.4.2 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage. The carrier may also be liable for damage occasioned by delay.
33.4.3 Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
33.5 Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
33.6 Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.
and all members of my family, including any minors accompanying me. I have read and fully understand the provisions and the legal consequences of this Release and Assumption of Risk and I hereby agree to all its conditions, especially noting and agreeing to the portion of this provision that releases the Company and its agents, employees, officers, directors, associates, affiliated companies, and subcontractors, to the extent permitted by law, from liability for the negligent or reckless acts or omissions of the Company’s affiliated companies, airlines and subcontractors.”
All pages of this form must be returned to us (signed and initialled where indicated) at time of payment, along with a photocopy of the picture page of each traveller’s passport (required by some airlines before tickets can be issued).
42. Ticket and document delivery
Tickets and Documents will be delivered to you and/or made available for pickup (as checked above) within 3-4 weeks of the time your payment reaches us (and clears into our account), or as advised by our travel consultant. It is your responsibility to advise us if you have not received your tickets within 3-4 weeks after placing an order or at least two weeks prior to your departure (unless special late delivery arrangements have been made).
43. 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.
44. Internet Bookings
44.1 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.
44.2 The Client hereby indemnifies XL BLUE PLANET TRAVEL and agrees that XL BLUE PLANET TRAVEL will not be held liable in the event of the Client’s credit card being compromised as a result of a fraud, duplicating etc.
45. Protection of Personal Information
45.1 Permission to Disclose Personal Information of the Client and/or Traveller
XL BLUE PLANET TRAVEL warrants that it is authorised to process the Client's and/or Traveller's Personal Information (as defined in the Protection of Personal Information Act, 4 of 2013, including name, credit card & banking details, physical address, telephone numbers & any other information provided to it, by the Client (“Personal Information”) and in doing so is authorised to provide same to the Principal/Supplier and accordingly authorises the Principal/Supplier to process the Client and/or Traveller’s Personal Information. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.
45.2 Protecting Client and/or Traveller’s Special Personal Information
XL BLUE PLANET TRAVEL hereby expressly consents to the processing of the Client and/or Traveller’s Special Personal Information, as defined in the Protection of Personal Information Act, 4 of 2013, by the Principal/Supplier and warrants that it is authorised to process the Client and/or Traveller’s Personal Information. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.
45.3 Client and/or Traveller’s Rights in Terms of this Consent
It shall remain XL BLUE PLANET TRAVEL ’s obligation to update the Client and/or Traveller’s Personal Information and Special Personal Information as defined in the Protection of Personal Information Act, 4 of 2013.
45.4 Trans-Border Flow of Information
XL BLUE PLANET TRAVEL hereby expressly consents to the processing of the Client and/or Traveller’s Personal Information and Special Personal Information by way of the trans-border flow of information by the Principal/Supplier and warrants that it is authorised to process the Client and/or Traveller’s Personal Information. This will occur where Personal Information and Special Personal Information has to be sent to service providers outside of the Republic of South Africa for storage or further processing processes on the Client and/or Traveller’s behalf. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.