Terms and Conditions
Standard Secrets VIP terms and conditions apply
Standard Terms and Conditions of Contract for Secrets VIP Travel Pty (Ltd)
All services rendered by or on behalf of Secrets VIP Travel (Pty) Ltd (‘Secrets VIP’) to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below.
The following Terms and Conditions should be read and understood prior to confirming your travel. Do not confirm any booking unless you understand and agree with the following terms and conditions.
Nature of the services rendered by Secrets VIP
Secrets VIP renders the service of making reservations for travellers with contracted third party suppliers, with its primary focus on the travel and accommodation industries (‘the Services’) pursuant to which the general public shall
- have access to preferential rates ,
- request quotations and
- be entitled to confirm bookings and place reservations relating to travel, accommodation and/or other service requirements
- Advisory services with regards to planning a trip
The Client and Authority
As a Wholesale Tour Operator, Secrets VIP makes use of Third Party Suppliers and:
Any person(s) wishing to utilise the services, indicates their acceptance of these respective suppliers Terms and Conditions, prior to the conclusion of any transaction with Secrets VIP. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person/Company person in whose name the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).
Secrets VIP accepts no responsibility for any changes made by any of the listed travellers in a booking.
Third Party Service Providers
Secrets VIP provides Clients with the services either itself or acting on behalf of Principals engaged in or associated with the travel and/or accommodation industries, such as airlines, hotels and/or other service providers or suppliers (collectively referred to as ‘the Principal’). Secrets VIP represents the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct of Secrets VIP or any person acting for or controlled by Secrets VIP), which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil 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 the Client and any RIGHT OF RECOURSE the Client may have, will be solely against the Principal.
It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
Payment and Payment Terms
Secrets VIP is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. Secrets VIP shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of a Booking.
Quotes are provided at the ruling daily exchange rate. Until Secrets VIP has received Payment, we RESERVE THE RIGHT to amend any Quote. Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of Payment will be reflected in the Quote itself. The onus will be on the Client to check that there have been no changes in the Quote prior to making the Payment. Airfares are subject to the price and conditions quoted by the airlines. However, once Payment has been received, the Quote is guaranteed, PROVIDED THAT the payment was made by midnight on the day that the Booking was made. Should the Client be a group booking and the group number deviate from the number required for the Booking, the PRINCIPAL MAY RESERVE THE RIGHT to re-cost the Quote and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal CANCELLING THE BOOKING AND RETAINING any payment made, and Secrets VIP will be entitled to retain any service fees charged. Secrets VIP accepts no liability for bookings that have been cancelled because no payment has been forthcoming.
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. The Travel Agent’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.
Secrets VIP’s Indemnity
The proposed travel arrangements are made on the EXPRESS CONDITION that Secrets VIP, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur (except if such Losses arise directly or indirectly from the gross negligence or wilful misconduct of Secrets VIP or any person acting for or controlled by Secrets VIP , in which case such claim shall be lodged in writing with Secrets VIP within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to R10 000 per Client per Booking). The CLIENT INDEMNIFIES AND HOLDS HARMLESS Secrets VIP or any person acting for or controlled by Secrets VIP accordingly.
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). Secrets VIP will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon Secrets VIP to effect insurance for the Client (since this service does not fall within the scope of the Services) except upon detailed instructions given in writing by the Client. All insurance effected by Secrets VIP 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. Secrets VIP 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. Please note that various credit card companies offer limited levels of travel insurance, which in Secrets VIP’s view may not be sufficient cover for international travel. The CLIENT IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determine whether this is sufficient for the Client’s requirements.
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment.
Name Change Requests
Upon confirming your booking we advise you to CHECK THE SPELLING OF YOUR NAME and ensure that it is as per your passport/identity document. Should the spelling of your name not match your passport/identity document the airline may not allow you to board the plane or should you require a name change, and should it be permissible, airline penalties may apply. Please note that some airlines do not allow name changes for any reason whatsoever and may require you to buy a completely new ticket. Secrets VIP accepts no liability in this regard.
Passports, Visas & Health
It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements for their destination and any transit countries before travelling.
Before booking any flight it is important to check if a transit visa will be required. As this differs between countries and what passport you are holding it is always best to check with the embassy of the transiting country. Secrets VIP will endeavour to assist the Client if requested, but such assistance will be at Secrets VIP’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, Secrets VIP IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES SECRETS VIP against any consequences of the Client’s failure to comply with any such requirements. It is the CLIENT’S DUTY to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases such as yellow fever. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure.
In the event of the Client cancelling the Booking, Secrets VIP shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by Secrets VIP, provided that Secrets VIP shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the Booking or reservation due to the death or hospitalisation of the Client. The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment will be refunded by the Principal to the Client without any further obligation on the part of Secrets VIP. Secrets VIP will CHARGE A FEE for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Conditions or the Sites. Principals may charge cancellation fees over and above the cancellation fees charged by Secrets VIP in terms of this Condition.
Please note that should you have booked a ticket with more than one flight (eg: CPT - JHB - MAU) you may only use your tickets in the sequence they were booked. If you do not check in for your first flight the Airline reserves the right to cancel all of the remaining flights on that ticket and your ticket will become invalid. You will not get any money refunded for parts of the tickets not used.
In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Secrets VIP , its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S ACCOUNT. The Client should confirm whether any of these expenses may be covered by travel insurance, should this be applicable. It is the Client’s responsibility to confirm the specific provisions of the travel insurance.
Itinerary Variations & Transfers
While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and Secrets VIP shall NOT BE HELD LIABLE for any such variations. IT IS THE CLIENT’S RESPONSIBILITY to check each amendment to the itinerary. Please note that no passenger who has not utilised an outgoing flight on a return ticket will be allowed to make use of the return trip, except where , should it be permissible, prior arrangement has been made with the airline.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Secrets VIP. Secrets VIP SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Amendments of these Conditions
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Secrets VIP.
Refunds by the Principals will be subject to their respective terms and conditions. Secrets VIP will charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
Once we have established the possible refund you are entitled to, we will request it with the airline or hotel on your behalf. For flight bookings the refund will be made by the airline directly to the account the booking was originally paid with. This can take 6 to 8 weeks depending on the airline. For hotel bookings, the supplier will refund Secrets VIP and we’ll refund the credit card you used when making your reservation. This usually takes approximately 4 weeks.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is EXCLUSIVELY THE CLIENT’S RESPONSIBILITY.
E-ticketing: Documents required for travelling
It is the CLIENT’S EXCLUSIVE RESPONSIBILITY to ensure that he/she is in possession of all relevant travel documents prior to commencing with his/her travels. For example, the Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation. Certain airlines require the physical credit card, used to make payment, to be presented at check-on or a copy of the credit card and the card-holders ID, in addition the above mentioned documents. The requirement to have a valid passport or identity document an/or an unabridged birth certificate will apply to all members of a travelling party and for each minor travelling (including infants).
Limitation of Liability
SECRETS VIP, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE OR INJURY SUFFERED BY ANY PERSON WHETHER TO THEIR PERSON OR PROPERTY, HOWSOEVER CAUSED WHETHER OR NOT ARISING FROM ANY ACT, OMISSION, DEFAULT, OR NEGLIGENCE ON THE PART OF SECRETS VIP , UNLESS SUCH CLAIM IS DUE TO THE GROSS NEGLIGENCE OR WILFUL CONDUCT OF SECRETS VIP AND SUCH CLAIM IS LODGED IN WRITING WITH SECRETS VIP WITHIN 30 (THIRTY) DAYS AFTER THE DATE ON WHICH THE BOOKING IS MADE. SUCH LIABILITY WILL BE SUBJECT TO A LIMITATION OF R10 000 PER CLIENT PER BOOKING AND UNDER NO CIRCUMSTANCES WILL SECRETS VIP BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
In the event that Secrets VIP has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Secrets VIP is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.
Subject to statutory constraints or compliance with an order of court, Secrets VIP undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
Confirmation of Travel Arrangements
It is advisable that all onward travel arrangements (local, international and domestic connecting flights) be RECONFIRMED BY THE CLIENT 72 (seventy-two) hours prior to departure with the airline.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Secrets VIP.
Any rights not expressly granted to Secrets VIP herein remain reserved and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Secrets VIP or otherwise that is not included herein.