TERMS & CONDITIONS You are here: Home / Terms & Conditions

JHSA Travel CC. (trading as “ZuluSky”) Terms & Conditions

  1. Agent
    1. ZuluSky acts as agent on behalf of various service providers (including airlines, rental companies, hotels, tour operators, lodges, and related travel organisations) from time to time. Accordingly, ZuluSky will not be liable in any manner or for any loss of whatever nature you may suffer arising out of or in connection with any of the services.
    2. Notwithstanding any course of dealing or usage of trade to the contrary with ZuluSky, by making use of ZuluSky’s website and otherwise engaging with ZuluSky in any manner you agree to be bound by these terms and conditions and any other written terms and conditions provided to you by ZuluSky. These terms and conditions shall be deemed to be incorporated into, and form part of, any agreements between you and the service providers.
    3. You warrant that you have authority to act on behalf of any person/s whose name is furnished by you and in respect of whom name a quote or order is made or in respect of whom any services are provided.

  2. Quotes
    Should you wish to make use of the services you are required to first request ZuluSky to prepare a written quotation. The estimated total cost and availability of all the services provided in the quotation shall, unless stated otherwise, only be valid for a maximum period of 72 hours after the date thereof. Should you wish to accept the quotation, you should indicate your acceptance thereof by transmitting a duly completed and signed copy of the first page of the quotation to ZuluSky as per instructions. Once an authorised representative of ZuluSky has acknowledged receipt of your accepted quote in writing it shall be binding on you (“your order”). Your order shall constitute an option in favour of the service providers stated in your order and such service providers shall be entitled to accept or reject your order in terms of clause 3.5.

  3. Orders, Prices and Payment
    1. Within a reasonable time after your order has been received ZuluSky will transmit to you a form to be completed with the identity details of you (and those accompanying you) and your method of payment ("your payment form") and a tax invoice (“your invoice”).
    2. ZuluSky will endeavour to maintain prices quoted and published. However, where increases due to currency fluctuations, airfare increases, supplier increases and other factors outside of our control do arise, surcharges will be made to cover such increases.
    3. Save in respect of late orders which are subject to clause 3.4 and unless otherwise agreed in writing with ZuluSky and a service provider, you shall pay of a deposit (“your deposit”) equal to a minimum of 25% of the total amount stipulated in terms of your order and transmit the accurately and fully completed payment form signed by you to ZuluSky within 48 hours of transmission to you of those documents.

    4. Late Orders
      1. In certain instances and otherwise in respect of all orders made less than 42 days (six weeks) prior to the departure date, you will be obliged, upon request by ZuluSky to do so, to make payment in full for your order simultaneously with transmission to ZuluSky of your payment form in terms of clause 3.3.
      2. If your order is received by ZuluSky less than 7 days prior to your date of departure, ZuluSky will be entitled to levy a late order fee of up to ZAR500.00 plus a fee for any communication expenses. ZuluSky reserves the right to increase the late order fee and any other fees on notice to you. ZuluSky shall not be obliged to refund any payments made in respect of late orders.

    5. Upon receipt by ZuluSky of your duly completed payment form and payment for your order in terms of clause 3.3 or 3.4, ZuluSky will promptly transmit your details to the relevant service providers, which shall be entitled to accept or reject your order. Until such time as a service provider accepts your order, the services forming your order will only be provisionally booked and may be subject to change. You shall not have any claims against ZuluSky should your order not be accepted, be rejected or the terms of your order be changed by a service provider. If your order is accepted by a service provider your deposit will not be refundable.
    6. Save in respect of late orders which are subject to clause 3.4 and unless otherwise agreed in writing with ZuluSky and a service provider, the balance owing in respect of an invoice shall be paid by you by no later than the date stipulated on the order or 42 days prior to your date of departure, whichever is the earlier.
    7. All prices shall be quoted in either South African Rands (“Rands” or “ZAR”) or United States Dollars (“Dollars” or “US$”). Should an itinerary be comprised of a combination of Rand and Dollar amounts owing to service providers forming part of that itinerary, the base currency shall automatically be deemed to be Rands. Where the base currency is ZAR with any one of the service providers charging in US$, the Rand price for said service provider services forming part of the final total quote cost shall be quoted at the ruling daily bank ‘sell’ exchange rate to Dollars (as determined by ZuluSky's bankers) on the date of issue of the pro tax invoice. The total Rand cost of the tax invoice shall be subject to foreign exchange fluctuations. Should the Rand weaken in value against the US$ by more than 3% between the date of your invoice and the date of final payment of your order, you will be liable to pay ZuluSky on demand the amount of the foreign exchange loss suffered by ZuluSky in respect of your order (as calculated in Rands by ZuluSky’s bankers) in excess of 3% of the total amount of your order, i.e. ZuluSky will bear the first 3% of the loss it suffers if the Rand weakens in value against the US$.
    8. You may elect to make payment by cash or electronic bank transfer ("EFT") or on strictly Rand amounts select credit cards approved of by ZuluSky’s bankers and with the assistance of a third party Intermediary on terms agreed to by ZuluSky. All payments are to be made payable to "ZuluSky" in terms of your invoice, but ZuluSky only accepts payment on behalf of such service providers in the interest of your convenience. ZuluSky reserves the right to request cash or electronic bank transfer as sole means of payment.
    9. Should you fail to pay any amounts to ZuluSky by the date when such amounts are due, ZuluSky shall be entitled, without prejudice to its other rights in law or in terms of these terms and conditions, to cancel your order.
    10. All coupons, tickets and receipts issued in respect of your order are non-endorsable, non-refundable and non-transferable, and subject to the terms and conditions specified by the service providers concerned. By accepting a quote and such receipts, coupons and tickets as are issued by the service providers and utilising the services, you become contractually bound to the service provider in question.
    11. Unless agreed with the service provider in question, no refunds will be made for no-shows or any unused services (or portion thereof).
    12. ZuluSky reserves the right to charge a non-refundable fee of no less than US$ 300 or the ZAR equivalent of US$ 300 (as calculated by ZuluSky’s bankers) in advance of services rendered should circumstances be deemed to warrant such a charge.

  4. Cancellation
    1. Without prejudice to its other rights in law or in terms of these terms and conditions, ZuluSky shall be entitled to cancel any order if ZuluSky does not receive payment therefor within the stipulated time periods.
    2. Any cancellations and amendments by you to your order must be made in writing to ZuluSky. Unless otherwise agreed in writing with the service providers, you agree that should you cancel or substantially amend your order (or part thereof) -
      1. more than 42 days before your departure date, you shall be liable for and shall pay ZuluSky on demand, 25% of the total amount stipulated in terms of your invoice;
      2. between 21 and 42 days before your departure date, you shall be liable for and shall pay ZuluSky on demand, 50% of the total amount stipulated in terms of your invoice;
      3. less than 21 days before your departure date, you shall be liable for and shall pay ZuluSky on demand, 100% of the total amount stipulated in terms of your invoice,

      provided that ZuluSky expressly reserves the right to recover its actual damages in lieu of such liquidated damages, and in addition to any charges or fees which may be payable by you to any service provider.
    4. You will be liable for and pay on demand to ZuluSky an administration fee for each amendment to your order, up to a maximum amount of ZAR500.00 per amendment.
    5. In accordance with standard procedure of tour operators and travel agents worldwide, ZuluSky reserves the right to cancel your order prior to departure, in which event the entire amount paid by you towards your order will be refunded without any further obligation on the part of ZuluSky.

  5. Your Responsibilities
    1. It is the responsibility of you and any other person making use of the services to -
      1. arrange in advance of your departure adequate insurance against cancellation, curtailment, delay, injury, medical evacuation, medical expenses, repatriation, personal liability and loss of baggage;
      2. obtain valid passports, visas, vaccination and inoculation certificates and to ensure that such documents remain valid for periods required by the Consular and other authorities of the countries to which you are travelling;
      3. check with your local doctor, clinic or travel clinic which vaccinations and medications are necessary for the areas you will be visiting;
      4. confirm all flights at least 72 hours prior to departure; and
      5. familiarise and acquaint yourself with the provisions of these terms and conditions, your order and the environmental and climatic conditions, laws and customs of the countries and regions to which you are travelling.
    2. All meals, drinks and other items and anything of a personal nature shall be for your own account, unless otherwise stated in your order.

  6. Waiver and Indemnity
    Notwithstanding anything to the contrary in these terms and conditions or your order, you agree that -
    1. neither ZuluSky nor any of its members, employees, agents and associates make any representations, statements, guarantees or warranties (whether express, tacit or implied) as to the operation of the website or the products, services, information and content, of the website or the materials, or in relation to any aspect of any of the services or any matters forming the subject of a quote;
    2. ZuluSky, its members, employees, agents and associates will not be liable (whether in terms of breach of contract or delict) for any loss, damage (whether direct, indirect or consequential), expense or injury (collectively "damage") suffered by you or any third party arising in connection with or resulting (directly or indirectly) from your order, your use of any of the services (or part thereof), the use of or inability to use the website and/or any reliance on the information contained in or via the website or the materials, including but not limited to direct, indirect, incidental, punitive and consequential damage. Without limiting the generality of the aforegoing, neither ZuluSky nor its members, employees, agents and associates shall be liable for any damage suffered which is caused by or attributable to any suspension, cancellation, disruption, failure and/or unavailability of the services or the website for any reason whatever and/or the failure or delay by any third party or service provider to render any of the services (or part thereof) and/or the exercise by ZuluSky of any of its rights as set out in these terms and conditions. ZuluSky shall not be liable to you or any third party for any damage in the event that you breach the terms of your order or repudiate, amend or cancel your order;
    3. without prejudice to any of the rights of ZuluSky, you hereby indemnify ZuluSky and its members, employees and agents against all damage which may be suffered and/or incurred by ZuluSky as a result of or which may be attributable directly or indirectly to any claim by any third party in respect of any matter referred to in 6.2;
    4. all warranties, conditions and liabilities of ZuluSky, whether in terms of or implied by common law, statute, governmental regional or international authority or otherwise are expressly excluded to the extent that such exclusion is not prohibited by law.

  7. Privacy
    ZuluSky will keep all personal information you give to ZuluSky as strictly confidential and no personal information will be made available to third parties (excluding the service providers), unless ZuluSky is obliged to do so by law or legal process. Once your information has been received, ZuluSky will take reasonable steps to protect such information from unauthorised access and use.

  8. Applicable Law and Jurisdiction
    These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws. You hereby consent to the non exclusive jurisdiction of the Magistrates' Court of South Africa having jurisdiction in respect of ZuluSky (even though the cause of action may exceed the jurisdiction of that court) in respect of any disputes arising in connection with the services referred to herein, or these terms and conditions or any matter related there to or in connection therewith. You choose as your address for service for all purposes of your dealings with ZuluSky including the giving of any notice and the serving of any process the address and facsimile number specified on the ZuluSky order form. Notwithstanding the aforegoing, written notice or communication actually received by you shall be adequate written notice or communication to you for any purposes arising out of your order, notwithstanding that it was not sent to your chosen address.

  9. Certificate of Indebtedness
    A certificate under the hand of ZuluSky's accounting officer for the time being as to the existence and amount of the indebtedness of you to ZuluSky or any supplier at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing relating to the indebtedness of you to ZuluSky or any supplier, shall be prima facie proof of the contents and correctness thereof and of the amount of your indebtedness for the purpose of provisional sentence or summary judgement or any other proceedings against you in any competent court, and shall be valid as a liquid document for such purposes. It shall not be necessary to prove the appointment of the person signing such certificate and such certificate shall be binding on you and shall be deemed to be sufficient particularly for the purpose of pleading or trial in any action or other proceeding instituted by ZuluSky or any supplier against you.

  10. General
    1. Whilst every effort is made to follow all confirmed order itineraries, ZuluSky reserves the right to make necessary changes to your order due to circumstances beyond our control. This includes the right to substitute service providers with others of a deemed (by ZuluSky) similar or higher category, at no additional cost. This does not constitute any reason for a refund.
    2. Special requests should be specified at time of order. ZuluSky accepts special requests on the understanding that whereas ZuluSky will make every effort to comply, under no circumstances can we guarantee that they will be met.
    3. ZuluSky reserves the right to adjust the amount of any penalty or levy which may be payable by you in terms of your order on prior notice to you.
    4. ZuluSky recommends that you (and each member of your party) purchase adequate and comprehensive travel insurance covering cancellation, curtailment, medical expenses, emergency travel, personal accident, personal baggage and money loss. This should be arranged prior to travel at the time of deposit payment to cover you for cancellation from this time. You acknowledge that it is your responsibility to take insurance, that the cost thereof will be for your account, and that ZuluSky will not be liable in any way whatsoever should you fail to do so. ZuluSky requests that you provide us with your insurance provider’s name, together with the policy number and emergency contact telephone number in case of emergency whilst you are travelling.
    5. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and ZuluSky in respect of the subject matter hereof.
    6. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
    7. No indulgence or extension of time which ZuluSky may grant to you shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of ZuluSky in terms hereof, save in the event and to the extent that ZuluSky has signed a written document expressly waiving or limiting such right.
  11. Interpretation
    In these terms and conditions, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention -
    1. an expression which denotes: any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa;
    2. the following expressions shall have the following meanings -
      1. “services” - any service and/or product offered by any service provider proposed to you by ZuluSky from time to time,
      2. “service providers” - any parties acting as principal in providing the services;
      3. “you” - the person engaging ZuluSky and any person/s on whose behalf you act as agent or guardian;
      4. “ZuluSky” - JHSA Travel CC. (registration number 2006/009881/23), trading as “ZuluSky”;
      5. “special request” - any direct request requiring extraordinary action by or on behalf of ZuluSky or its service providers.
    3. where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is a Saturday, Sunday or public holiday in South Africa, the last day shall be deemed to be the next succeeding day which is not a Saturday, Sunday or public holiday in South Africa;
    4. any term which refers to a South African legal concept or process (for example, without limiting the aforegoing, winding-up or curatorship) shall be deemed to include a reference to the equivalent or analogous concept or process in any other jurisdiction in which your order may apply or to the laws of which a party may be or become subject;
    5. the use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s;
    6. the rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation thereof shall not apply.

  12. Copyright
    Copyright © 2012 JHSA Travel cc. Trading as ZuluSky.
    Company Registration No. 2006/009881/23.

    Postal Address:
    Suite 610 Private Bag X4, Kloof, 3640
    KwaZulu-Natal, SOUTH AFRICA.

    Physical Address:
    3 Tanglewood Gardens, 12 Bartle Rd., Stockville, Pinetown, 3610
    KwaZulu-Natal, SOUTH AFRICA.