TERMS & CONDITIONS
General
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WineFairy is a tour and activity booking agent providing customer support, bookings, deposits, payments, website maintenance, lead generation and marketing services to selected suppliers with whom we work closely to ensure a seamless experience for clients.
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Tours may be conducted by one of WineFairy’s trusted and qualified wine and winelands partner guides. All operations are in partnership with our selected suppliers. We always strive to ensure operational and brand integrity.
Responsibility & indemnity
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WineFairy is responsible for providing bookings management, customer support, deposits, payments and day tours and transportation services only. WineFairy carefully selects and constantly checks its contractors, such as hotels, transport and restaurants but cannot be held responsible for any deficiencies of services offered by local companies.
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WineFairy is not responsible or liable for any personal accidents.
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Jurisdiction: this agreement is governed by South African Law and subject to South African jurisdiction.
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WineFairy will under no circumstances be liable for any indirect and/or consequential loss or damages, unless such loss or damages was caused due to the negligence of WineFairy.
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WineFairy will not be responsible for the consequences of any delays caused due to causes beyond WineFairy Tours and occurring without its fault or negligence.
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The provisions of this clause are stipulated for the benefit of WineFairy, its employees, servants, agents, nominees and sub-contractors who are exempted accordingly.
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This document replaces and supersedes any previous conditions.
1. Availability and reservations
1.1 All quotations are made subject to a vehicle of the type and specifications (capacity mentioned herein), availability from sub-contractors (including accommodation establishments, tourist attractions and activities being available on the date required at the time of acceptance). It is therefore, in the interest of the client to confirm the acceptance with the least possible delay.
1.2 Confirmation of services will only be processed and confirmed by WineFairy once an acceptance of an official order or payment is received.
2. Tour booking
Tours can only be booked with WineFairy by e-mail confirmation. Your signature on this document confirms your acceptance of these terms and conditions as a binding contract between WineFairy and yourself, the participant. WineFairy cannot accept any tour participant without a written booking confirmation by e-mail.
3. Payment terms
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Package tours: 25% non-refundable deposit payable 60 days prior to arrival.
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100% non-refundable deposit payable 31 days prior to arrival.
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Day tours: 50% deposit at confirmation of booking.
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100% payment 7 days prior to tour date.
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Group scheduled tours: 20% non-refundable deposit or full payment at confirmation of booking to secure seats.
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100% payment before tour day or payable on the tour day in cash. Access to an ATM can be facilitated if necessary.
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Covid-19 : Deposits will be refundable or transferable up until the day of commencement of services should clients not be able to travel as a direct consequence of Covid-19. Terms for third party services and suppliers will be applied.
4. Cancellation procedure
Cancellation of any booking must be received in writing and acknowledged by WineFairy. Any cancellation fees and expenses incurred will be deducted before refunding the client the remaining monies received. If the participant fails to join a tour or joins it after departure, or leaves it prior to its completion, no reimbursement will be made. Please note: Travel and cancellation insurance is highly recommended for all clients. The onus is on the client to arrange this travel insurance at the time of booking.
5. Cancellation costs
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Package tours: 25% of the full amount – less than 60 days prior to arrival.
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100% of the full amount – less than 31 days prior to arrival.
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Day tours: 50%: less than 14 days prior to tour date.
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100%: less than 7 days prior to tour date.
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Group scheduled tours: 20% non-refundable deposit or full payment at confirmation of booking to secure seats.
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If prepaid in full, 50%: less 7 days prior to tour date.
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If prepaid in full, 100%: less 72 hours prior to tour date.
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If 20% deposit paid, non-refundable
6. Tour cancellation by WineFairy
Should a tour for unforeseen circumstances be cancelled by WineFairy, we will either refund full payment or offer an alternative tour. This refund only refers to bookings made through WineFairy in South Africa. If WineFairy should curtail a tour after departure for any pertinent reason, i.e. wars, strikes, severe weather conditions or acts of God, then WineFairy will not be held liable for any form of refund. Please note for non-private group tours there is a set minimum number of participants on a tour. We reserve the right to cancel a tour if this number is not reached.
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7. Damage caused to vehicle
The client will be responsible for any loss or damage caused to the vehicle, its fittings or equipment by the negligence or misconduct of any passenger.
8. Authority and exclusion from tour
WineFairy takes no responsibility for the actions of participants who commit any unlawful acts in South Africa. WineFairy reserves the right to exclude any client from the tour, if their behaviour warrants it.
9. Passenger luggage and personal effects
Baggage insurance is recommended as WineFairy can assumes no responsibility for loss and damage to luggage or personal belongings, under any circumstances. Baggage turned over to WineFairy for transport each day is done so at participant’s own risk. Passenger’s baggage needs to be clearly marked with their name and surname.
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10. Health
The client should familiarize him/herself with the tour itinerary and confirm that they are medically fit to undertake the tour. Any participant with a known medical illness or condition must reveal this fact at the time of booking, and make the necessary arrangements for the provision of any drugs or treatments that may be needed during the tour. Such clients will be required to provide a medical certificate from his or her doctor to confirm that they are physically fit to travel. WineFairy will hold this information in the strictest of confidence. It is necessary to have comprehensive medical insurance for this trip.
11. Vaccinations
For South Africa, there are no inoculation requirements. The Western Cape is malaria free; however, certain areas in South Africa and its neighbouring countries are classified as malaria risk areas and malaria prophylaxis is highly recommended. For more information and suitable medication please contact your local tropical institute.
12. Travel documentation
It is the participant’s responsibility to ensure that he/she is in possession of a valid passport, visas and all relevant travel documentation needed for South Africa and any other country visited on the tour. Should a client be denied entry into South Africa or another country that is part of the itinerary for any reason or due to incorrect documentation, WineFairy will not be held responsible for any costs and delays that may occur.
The passport must be valid for at least six months from the date of departure.
13. Payment
All payments for services to be rendered by WineFairy, must be paid in full by the client, before the commencement of the services booked and confirmed.
14. WineFairy’s right to decline
WineFairy reserves the right to decline, to execute or to complete any contract, should the above conditions not be strictly complied with. Such rights, when exercised by WineFairy, shall be without prejudice to its rights to claim damages or other relief from the client.
15. WineFairy right to sub-contract
WineFairy reserves the right to sub-contract any part of our services in case of an emergency or by choice, and when this right is exercised, the substitute vehicle will, as far as circumstances permit, compare equally with the originally confirmed vehicle in comfort and reliability.
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16. Seating capacity
The client will not permit the carrying of more passengers than the authorised number of seats in the vehicle, and will not allow any passenger to sit anywhere in or on the vehicle except in the passenger seat provided.
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17. Toll and fare duties
The quotation includes the payments for toll fees but exclude any vehicle entrance fees.
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18. Responsibility & indemnity
18.1 WineFairy is responsible for providing the services listed in the tour description per the local standards and the accurate description of services offered in its literature. Although WineFairy carefully selects and constantly checks its contractors, such as hotels, transport and restaurants. It cannot be held responsible for any deficiencies of services offered by local companies.
18.2 WineFairy is not responsible or liable for any personal accidents.
18.3 Jurisdiction: this agreement is governed by South African Law and subject to South African jurisdiction.
18.4 WineFairy will under no circumstances be liable for any indirect and/or consequential loss or damages, unless such loss or damages was caused due to the negligence of WineFairy.
18.5 WineFairy will not be responsible for the consequences of any delays caused due to causes beyond WineFairy control and occurring without its fault or negligence.
18.6 The provisions of this clause are stipulated for the benefit of WineFairy, its employees, servants, agents, nominees and sub-contractors who are exempted accordingly.
18.7 This document replaces and supersedes any previous conditions of hire and carriage.
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l- Last updated 20 November 2020