TERMS OF USE

TERMS & CONDITIONS

1. Interpretation
2. Applicability of Standard Terms and Conditions of Contract
3. Special Considerations
4. Klein Collection Acting as Agent Only
5. Cancellations and Refunds
6. Itineraries, Alterations, Rates and Payments
7. Cancellations and Amendments to Itineraries
8. Insurance
9. Right of Retention
10. Medical
11. Travel Documents
12. Disclaimer of Liability
13. Child Policy
14. Interpretation, Law Applicable and Jurisdiction

STANDARD TERMS AND CONDITIONS OF CONTRACT

1. INTERPRETATION

1. "Klein Collection" means Klein Hospitality and Tourism Services CC, a close corporation, registered in terms of the laws of South Africa and having registration number 2010/039689/23.
2. "Client"/"You" means, any person using the Klein Collection Website and any person named on any Klein Collection itinerary (provisional or confirmed). The Client/You shall also include any agent who makes any booking of third party clients.
3. "Services" means the provision of accommodation, activities (including adventure and extreme), car hire and other travel, tour operators, packages and shall include any other services incidental to any of the a foregoing.
4. "Itinerary" refers to part or all of the travel arrangements for accommodation, activities, packages, tours, car rentals and other linked travel Services made on behalf of the Client/You with the Suppliers.
5. "Parties" mean Klein Collection and the Client and/or You and "party" means any one of them.
6. "Supplier" means the "Principal" as supplier of any Services

2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT

All and any business, in connection with the Services and the Supplier, is undertaken and provided in accordance with these Standard Terms and Conditions of Contract. Klein Collection reserves the right to change it's Terms and Conditions and the Client's/Your continued access of the Klein Collection Website will constitute your acceptance of any changes to the Terms and Conditions

3. SPECIAL CONSIDERATIONS

1. Select visuals on Klein Collection are courtesy of third parties.
2. The information, software, products, or services on the Klein Collection Website may not be reproduced, sold, transferred, modified, licensed or distributed without express written permission.
3. The Client / You agrees not to use this Website or its contents or information for any commercial or non personal use.
4. The tracking of users and their data off the Klein Collection Website by any means, automated (e.g. spider, robot, scraper) or otherwise is prohibited without the express permission of Klein Collection.
5. The Client / You may not bypass or evade any measures put in place to prevent or limit access to the Klein Collection Website.
6. The Client / You may not deliberately overload the Klein Collection infrastructure by any means whatsoever and may not deep-link to any portion of the Klein Collection Website for any purpose without the express written permission of Klein Collection.
7. Our rates are guidelines only and final rates will only be confirmed once you have received your itinerary back from Klein Collection

4. KLEIN COLLECTION ACTING AS AGENT ONLY

In accordance with these Terms and Conditions, Klein Collection acts as agent only for and on behalf of the Client/You in procuring the Services of the Supplier. As such, Klein Collection shall, under no circumstances, be liable for the acts and omissions, loss, damage, accident, delay, errors, misrepresentations, breaches, negligence, or for any personal injuries, death, property damage, or other damages, or expenses, resulting there from caused by any of the Supplier or the Client/You. The Supplier is responsible for the delivery of their service to the relevant Client/You on the specified date and will be liable if such Supplier fails to meet its obligations. Klein Collection may recover any loss, damage or additional expenditure incurred due to the failure of the Supplier to supply the relevant Services.

5. CANCELLATIONS AND REFUNDS

1. Cancellations of confirmed itineraries may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made via the channels provided by Klein Collection and shall only be effective on the date of actual receipt by Klein Collection.
2. The following cancellation fees shall be applicable and shall be calculated by reference to the total cost of the itinerary serviced on your behalf:
a) 90 days or more notice given by the client to Klein Collection, 100% (one hundred percent) of the total cost shall be refunded;
b) 60 - 89 days or more notice given by the client to Klein Collection, 75% (seventy five percent) of the total cost shall be refunded;
c) 30 - 59 days notice given by the client, 50% (fifty percent) of the total cost shall be refunded; and
d) less than 30 days notice given by the client, the full cost (in it's entirety) will be forfeited and no refund shall be granted.
3. The amount of days notice given by the Client/You is calculated as the date of receipt by Klein Collection of a Client's/Your cancellation request, less the start date of Client's/Your confirmed Itinerary.
4. Refunds shall not be given to Clients who arrive early, late or who do not show for a booking. In the event of You, during the course of a booking, terminating it for whatever reason, no refund shall be made.
5. In the event of the cancellation of an activity by a Supplier for reasons relating to safety, weather or sea conditions, a refund of 90% of the total activity cost will be paid by Klein Collection (within 30 days of the date of cancellation) to the Client. In all other instances, where a service is cancelled by a supplier, for whatever reason, no refunds will be considered in any circumstances whatsoever by Klein Collection.
6. Failure to produce (to the relevant supplier) an Klein Collection voucher or any other ticket or reference number could result in the Client/You not being allowed to take part in the specified activity and will qualify You for NO refund whatsoever. It is the responsibility of the Client/You to make sure you have all the correct vouchers, tickets and reference numbers when you arrive for your activity.

6. ITINERARIES, ALTERATIONS, RATES AND PAYMENTS

1. Your acceptance of a confirmed Itinerary and any vouchers or tickets and/or You utilising the services comprising any Klein Collection itinerary, tour or package will be deemed to constitute your acceptance of the Suppliers' Terms and Conditions. The Terms and Conditions of Klein Collection including any booking fees will also be applicable and You will be liable on the terms provided for herein.
2. Klein Collection will endeavor to timeously confirm the status of any Itinerary within the confirmation guidelines. If Klein Collection is unable to do so, this does not constitute an act of negligence or breach on its part.
3. In the event of the Client/You wishing to amend their Itinerary in any way, it is the Clients/Your responsibility to contact the Supplier directly with your request. The Supplier may elect, without obligation, to accommodate your request and may charge an amendment fee as it deems necessary. All relevant Supplier contact information will be supplied to the Client/You after full payment is made by the Client/You to Klein Collection.
4. It is the duty of the Client/You to inform the Supplier of any special requests, needs or facilities required due to medical needs, requirements relating to disabilities, special dietary requirements and any other requirements incidental thereto. As stated above, all relevant Supplier contact information will be supplied to the Client/You after full payment is made by the Client/You to Klein Collection.
5. In the event that any Supplier is unable to provide the service booked on your behalf, the Supplier will endeavor to offer the Client/You alternative arrangements, wherever possible. Should the Client/You be unwilling or unable to accept the alternative arrangements offered by the Supplier, any refunds will be subject to Klein Collection's Cancellation and Refunds clause. Any refund in respect of any commission paid or payable to Klein Collection shall be at the sole discretion of Klein Collection.
6. Whilst every effort is made to adhere to the confirmed itineraries, Klein Collection reserves the right to effect changes should this be deemed necessary. In such cases, where an alteration to the Itinerary is necessitated by, for example, a change in weather conditions, this does not constitute a ground for a refund.
7. All Low, High and Peak rates supplied by Klein Collection are a guide only and are subject to the seasonal pricing of the particular supplier. Rates will be confirmed only once the Client/You has received your confirmed Itinerary back from Klein Collection and have accepted any amendments that may have been made. The rates provided by Klein Collection are a guide and subject to change.
8. Rates for single occupancy and children may apply depending on the Supplier but this is at the sole discretion of the relevant Supplier and will only be confirmed when the Client/You receives their confirmed itinerary back from Klein Collection.
9. Any increase in the total Itinerary price occasioned by the fluctuation in rates of exchange between the date of submission to Klein Collection and the date of full payment shall similarly be for your account.
10. Klein Collection makes no representation for the accuracy of a currency converter (should it ever decide to add one to the website). The Client/You is fully responsible for checking the accuracy of any currency exchange rate.
11. Payments shall be made by the Client/You to Klein Collection by way of credit card or by EFT (South African residents only). When paying via EFT the Client/You must immediately e-mail or fax confirmation of the payment to Klein Collection. The relevant reference number for the Itinerary shall at all times be reflected on the proof of payment.
12. If the Client/You choose to pay via EFT (SA residents only) your bookings will only be confirmed and finalised once the funds are in Klein Collection's designated bank account and payment confirmation has been received.
13. Klein Collection offers a 'Book This Property Now' facility via the RAZOR property management system. Everything (including payment) is handled by RAZOR. Klein Collection accepts no responsibility for any losses to the Client/You for any failures of such payment system. RAZOR is an established real time availability supplier operating nationwide.
14. All payments due by a Client/You to Klein Collection shall be made no later than 1 day after receiving confirmation of their Itinerary back from Klein Collection.
15. A service fee, to manage your itinerary and service your travel reservation, might apply to itineraries confirmed by Klein Collection and this will be at our sole discretion.

7. CANCELLATIONS AND AMENDMENTS TO ITINERARIES

1. Klein Collection has the right at any time, and in its sole discretion, to amend or cancel any Itinerary in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure, the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond Klein Collection's control.
2. Any extra costs and expenses occasioned as a result of an alteration to or cancellation of Itineraries shall be payable by You on demand by Klein Collection.
3. Klein Collection may further in its sole discretion cancel or terminate a Client's Itinerary in the event of any illness or the illegal or incompatible behavior by the Client/You, who shall, in such circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this clause 7 shall be payable by the Client/You on demand.

8. INSURANCE

1. The Client/You will be responsible for arranging and effecting adequate travel and medical insurance cover in order to cover yourself, your dependants and/or traveling companions for the duration of the booking for which the Client/You have reserved.
2. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage/theft/loss of personal baggage, money and goods.
3. Under no circumstances shall Klein Collection, its representatives, employees or members be responsible for any costs, losses incurred or suffered by the Client/You, your dependants or traveling companions with regard to, but not limited to, the above eventualities.
4. The Client/You hereby acknowledge that it is your responsibility to take travel insurance and that the cost thereof will be for your account.
5. Klein Collection may from time to time provide the Client/You with the opportunity to add a specific travel insurance product to your Itinerary. The travel insurance cover provided by Klein Collection is not intended to, nor does it constitute a recommendation or suggestion as to the insurance cover to be effected by the Client/You. It is at your sole discretion to add insurance cover to your Itinerary and the Client/You will be consequently subject to the terms and conditions of the travel insurance provider.

9. RIGHT OF RETENTION

Until such time as Klein Collection has received payment in full for the services as set out in the confirmed Itinerary, no confirmation documentation will be issued or handed over to the Client/You.

10. MEDICAL

It is your responsibility to be aware of all potential diseases, like Malaria, when traveling to Africa. You, as Client, must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. Klein Collection does not accept any responsibility whatsoever for the Client/You being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.

11. TRAVEL DOCUMENTS

1. The Client/You must ensure that prior to embarking on your travels, your passport and visas, and those of your dependants and traveling companions are valid. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveler's cheques, where applicable.
2. Klein Collection does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client/You be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country's medical requirements, Klein Collection shall not be liable for any costs of whatsoever nature occasioned thereby.

12. DISCLAIMER OF LIABILITY

1. Klein Collection shall not be liable to the Client/You for any claim of whatsoever nature in connection with the provision of any Services and for damages for personal injury or to property, howsoever arising.
2. Notwithstanding anything to the contrary contained in these Terms and Conditions, Klein Collection shall under no circumstances whatsoever, be liable for any indirect or consequential loss/es, howsoever caused or suffered by the Client/You.
3. Access to and use of the Website is entirely at user's risk.
4. Klein Collection does not guarantee the accuracy of, and disclaims any liability for inaccuracies relating to the information on this Website (including, without limitation, images, list of accommodation amenities, facilities and general product descriptions), much of which information is provided by the respective suppliers.
5. Klein Collection makes no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering for sale of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Klein Collection. All such information, software, products, and services are provided "as is" without warranty of any kind.
6. Whilst Klein Collection will take reasonable steps to confirm your Itinerary timeously and to ensure your comfort and safety, participation in any activities, tours or packages offered by the Supplier as Principal (including transportation to and from any venues) is at your own risk. Accordingly, the Client/You and any person on whose behalf You have booked, will have no claims (whether for loss, damage, injury, accident, delay or inconvenience to any person and/or their luggage or other property) against Klein Collection and it's employees, howsoever such loss may occur.

13. CHILD POLICY

1. A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all Services provided.
2. Certain Suppliers offer a discounted rate to children under 12 years old. These rates will be advised when your itinerary is confirmed by Klein Collection.
3. Certain accommodation establishments refuse permission to children under the age of 12 years. This is out of the control of Klein Collection and it is the responsibility of the Client/You to check the Child Policy of the relevant Supplier. Klein Collection cannot be held liable for any changes to the Suppliers' Child Policy.
4. Misrepresentation of an adult as a child will be dealt with by the Supplier and subject to their terms and conditions.

14. INTERPRETATION, LAW APPLICABLE AND JURISDICTION

1. This agreement is governed by the laws of the Republic of South Africa and the Client/You hereby submit to the non-exclusive jurisdiction of the South African Courts. These standard Terms and Conditions and all agreements entered into between Klein Collection and the Client/You pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement/s where entered into.
2. You agree that save to the extent stated in this Agreement, no conditions, warranties or representation, whether oral or written and whether express or implied whether by statute or otherwise, shall apply hereto.
3. No indulgence, leniency, or extension of time which Klein Collection may grant or show to the Client/You shall in any way prejudice Klein Collection or preclude Klein Collection from exercising any of its rights against the Client/You in the future.
4. This document reflects the only and full agreement between the Client/You and Klein Collection and any variation and/or extension thereof shall not be valid unless agreed to both by the Parties in writing.
5. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by Klein Collection, this document will always have preference.
6. No variation or alteration of these standard Terms and Conditions of contract shall be binding on Klein Collection unless embodied in a written document signed by a member of Klein Collection. Any purported variation or alteration of these standard Terms and Conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.

Note: Klein Collection acts as an agent only and is not liable for any loss, damage, death, accident, delay or inconvenience caused by the Supplier/Principal as defined