Prior to booking your travel or accommodation the bookings terms and conditions should be read and understood, once you accept or any confirmation invoice has been issued to you, these terms and conditions will be binding on you, therefore, once the booking is placed, please keep a copy of the booking terms for yourself. This is for all bookings placed online on our website or bookings made through our consultants. Hereby you acknowledge that you understand, have the legal capacity to agree to the bookings terms and conditions, and that you are 18 (eighteen) years of age or older. You hereby agree that you voluntary and without duress, make any travel arrangements with Fabulous Tours and any of our third-party service providers.
Please note that when you book through Fabulous Tours two agreements apply, one with Fabulous Tours and the other with the Service Provider. These agreements are contained in the terms. The first agreement is between you and Fabulous Tours, whereby Fabulous Tours acts as an agent. The second agreement is between you and the service provider, who all have their own terms and conditions applicable to your travel or accommodation should it be by land, sea, air or any other arrangements. You accept and agree to be bound by the third party’s service agreement, once you accept these booking terms. The third-party service provider’s agreement applicable to your booking will be displayed on the service provider’s website, on your quote, or on the travel and accommodation documents, else you are welcome to contact Fabulous Tours to obtain the third-party terms and conditions. You will be deemed to have read, understand and agree to be bound by the booking terms as well as the applicable third-party service provider agreement, by booking with Fabulous Tours or by signing or electronically accepting the booking terms. The third-party service provider agreement will prevail, should there be any discrepancies between the booking terms.
The person making the booking for the traveler, takes responsibility for acknowledging and agreeing to the terms and conditions of the third-party service provider and binds such travelers to the booking terms and third-party service provider agreement.
As per the Protection of Personal Information Act , No 4 of 2012, Fabulous Tours will ensure that all private and personal bodies processing personal information, are required to have implemented policies and procedures in order to protect your personal information. Fabulous Tours has institutionalized the requisite policies, processes and safeguards in this regard. Fabulous Tours is committed to protecting and respecting your privacy. All POPIA related information may accessed in the Fabulous Tours Privacy Policy page. As per the POPI Act, Fabulous Tours will not discriminate against any natural person in terms of their human rights, and by using Fabulous Tours you consent that you personal information is used for the specific purpose as instructed by you, and Fabulous Tours hereby agrees to use your personal information for the specific use as requested by you. During the period of your booking Fabulous Tours will ensure that your information is stored on a secured storage device, with the necessary anti virus protection to safeguard your personal information as stipulated by the POPIA. Once the booking is booking is complete, the your personal information will be destroyed. All staff will under go training and the manual will be made available. Fabulous Tours will at all time be accountable for your personal information.
You agree not use any defamatory, unlawful, obscene, offensive, abusive, hateful, invasion of any person’s privacy, inflammatory, threatening, or other comments that contain objectionable statements, by booking with Fabulous Tours you agree to the above, and that Fabulous Tours reserves the right to, without warning remove any thread, comment or content and bring legal action against any person for the breach of these rules. Fabulous Tours, its owners and agents distance themselves from any discrimination with regards to age, sex, nationality, race, religion or belief, being a transexual person, or sexual orientation.
All quotations are subject to availability, and should the product you requested no be available any longer, another product can be quoted for you.
By booking with Fabulous Tours, you confirm to comply with the South African Exchange Control Regulations.
All bookings and prices advertised are subject to availability and may be withdrawn or varied without notice to you on the website, and the correct price will be confirmed at the time of payment. Until the confirmation of acceptance of the quotation has been received by you, or an authorized representative of corporate clients, or payment has been secured in full from you, prices are subject to change.
Prices advertised are estimates and Fabulous Tours are not bound to the advertised prices on the website, which are subject to confirmation or quotations, and may be corrected at any time. Should you have pending orders which is affected by a change in price, Fabulous Tours will cancel your pending order without penalty should you wish to cancel. Please note, that should we misquote, e may correct the pricing prior to payment being taken and that Fabulous Tours has no obligation to honor any misquotations.
Where a deposit is payable, these deposits do not secure a price, and the price will be secured on the final payment in full at the time of your booking. Until the payment reflects in our bank account, we will not proceed with the booking. A deposit may be non-refundable or non-transferable, depending on the terms and conditions of the third-party service provider.
Should the exchange rate increase by the time payment for your booking reflects in our bank account, such increase will be for account and payable in addition to the final amount.
Your feedback is important to us, and we value your feedback, therefor please send your compliments, complaints and experiences to customer care at, info@fabuloustours.net
Fabulous Tours trades as a Sole Proprietor, operated by David de Villiers, who is contactable on +27 72 343 7455, and the physical address is, 13 La Bella, Hibiscus Road, Gordons Bay, Cape Town.
The agreement between the parties is the sole record of the subject matter, and no other promise, express or implied term, warranty, representation, or the like, not recorded in the bookings terms may be used.
Fabulous Tours act as agents only, unless otherwise stipulated.
Unless otherwise stipulated, Fabulous Tours only provides you with the travel or service which you have booked as agents only, whereby you acknowledge and agree to the conditions of the third party.
You agree that Fabulous Tours, its owners, or agents will not be liable for any loss, damages, injury or death that may occur during your travel to any of the destinations or travel. Should any of the travel or destinations in way represent or warrant as advisable or without risk, you hereby agree that Fabulous Tours, owners, or agents are liable for any damages occurred on misrepresentation. Should any loss, costs, damages, injury, illness, harm or death which you may suffer or occur as a result of any act or omission on the part of or the failure of the third-party service provider to fulfil its obligations to you, whether in relation to travel services, travel arrangements, accommodation or any other matter, Fabulous Tours. Its owners, or agents will not be liable or responsible.
Upgradable fare types are subject to availability, therefor Fabulous Tours cannot confirm or guarantee upgrade requests whereby a certain booking class is confirmed with the view of upgrading the ticket.
Any claims or costs associated with the entry into a country being denied due to visa requirements that changed without prior warning, travel bans, travel restrictions or denial into a country due to incorrect visas, customs or home affairs related issues, insufficient supporting documents, internal security affairs, student visas, working visas or residency permits, liability will not be held by Fabulous Tours, its owners or any of its agents.
Special requests are not guaranteed or confirmed by Fabulous Tours, although special requests will be submitted to the third-party service provider, and you must confirm with the third party service provider that the special requests are guaranteed.
Any disputes arising from bookings made by Fabulous Tours and any other party relating to these bookings, the law of South Africa will apply, and all agree, consent and submit to the jurisdiction of the High Court of South, or any successor thereof.
Should Fabulous Tours need to engage with our attorneys to enforce our rights, you will be liable for our legal fees.
Both you and a duly authorized representative of Fabulous Tours must refer all amendments, cancellations, or waivers of any terms or rights in these bookings terms in writing and sign by both parties, for any amendments, cancellations, or waivers to be valid and binding.
A waiver of our rights shall not be constituted for any relaxation or indulgences granted to you from future or past exercises.
Where the onus rests with you
Scheduled travel times must be confirmed in writing 24 (twenty-four) hours before the departure.
With regards to any health requirements, ensuring that all vaccination documentation and recommended precautions relevant to your travel, it is your responsibility to check that you comply with the regulations of the county or countries you are travelling to.
It is your duty to ensure that you receive all travel documentation and itinerary, should you not receive these documents please contact your Fabulous Tours agent immediately so that he/she can supply you with the necessary documentation before your departure.
All South African children under the age of 18 (eighteen) years old who travel internationally in and out of South Africa, must comply with the requirements issued by the Department of Home Affairs, with additional requirements should the child be travelling with one parent, with neither biological parent, or unaccompanied. It is your responsibility to refer with the Department of Home Affairs website for information on minors travelling internationally http://www.dha.gov.za, as failure to provide the necessary information will result in passengers being boarding at check in.
To advise the consultant of any frequent flyer membership details relevant to your booking, when you make the booking, and provide this information on all the completed traveller profile forms. Should online bookings be made, you should insert frequent flyer membership details in the space provided for conclusion of the booking. You should query your points balance and accrual with your third party service provider directly, as Fabulous Tours cannot guarantee that the third party service provider will credit you with the points for any bookings.
You must review your travel documentation thoroughly to ensure that all the details are correct. Should the details not be correct, please contact the Fabulous Tours agent immediately and notify them of any corrections that need to be made. It is your responsibility to ensure that your names, identity number, are as per your identity documentation and passport, correspond with your booking details, and that your travel dates, times, departure, destination and routings reflected on your travel documents are correct. If your details are not correct, it may result in an inability to travel on that booking or that the booking may be cancelled. All airline tickets must be issued in the name of the passport/identity holder.
It is your responsibility to peruse all itineraries and vouchers prior to travel, and observe all check-in times and requirements, and ensure that you are within the framework set by the third party service provider.
Travel documents include, whether in electronic form or otherwise, the following, airline tickets, hotel vouchers, tour vouchers or any other document used to confirm an arrangement with a third-party service provider. Certain conditions and restrictions such as being non-date-changeable, subject to cancellation, non-refundable and amendment fees are displayed on the travel documents.
When travelling internationally you need to ensure that all passengers including infants, have valid passports, and ensure that the passports are valid for at least 6 ( six ) months after the date of intended return, and must have no less than 2 ( two ) blank pages.
Immigration laws of all countries travelling to on your itinerary need to be adhered to, and you are responsible for ensuring compliance with these immigration laws. If you are a South African permanent resident or if you have become a citizen of a country by naturalization, it is your responsibility to ensure that you have all the required supporting documentation or visas.
Travelling domestically identification is required for all passengers, including infants. A south African identity document, smart ID card or driver’s licence, and infants and minors need to produce birth certificate or equivalent document required for check in.
South African passport holders require one or more visas to travel to most countries, visas are required for countries in between for stopovers, transit, port entries. Border crossings and ocean border crossings, as well as the country of final destination. It is important to ensure that you have the correct documentation for your travel.
With regards to car rentals, the person listed as the driver of the vehicle must present a valid South African driver’s licence and an International driver’s licence for overseas car rentals, as well as a valid card to present when collecting the vehicle.
Fabulous Tours, its owners, or agents will be held liable for any costs incurred due to traffic fines, toll fees, damages, accidents or other costs during the rental period, and will not be liable to recover such costs from the driver of the vehicle.
Personal items must be declared by you to the South African Revenue Service prior to the departure and it is your responsibility to meet any additional is taxes by the relevant country, and to keep additional currency for these taxes.
The Bookings Form address clause is the legal address of parties as entered and completed by the parties for all purposes of giving any notices, the serving of any process, the payment of any sum and of any other purpose arising from these booking terms, which shall be delivered in writing to the legal address of the party concerned. Electronic notices may be delivered to the email address as specified by either party.
Changes or cancellations
Should you wish to cancel or make changes to your bookings, these cancellations or changes must be done in writing before your departure, should bookings be changed or cancelled by you, a penalty or fees may apply whereby you will be liable for these fees. The third party service provider will stipulate any cancellation or booking change fees in their policy and/or fare rules. Fabulous Tours, its owners or agents will not accept any liability for any costs incurred that may result from any cancellation and/or changes made by you or required by you to your booking.
Recommendations
Fabulous Tours will not be liable for any losses should you fail to take proper insurance cover, or any insurance for that matter. It is your responsibility to ensure that you have valid travel insurance that covers and is adequate for your needs. Fabulous Tours suggests and will assist in the recommendation in ensuring that your travel arrangements are covered by using the correct travel insurance.
Not allowed
Travel arrangements and bookings must be followed as per the tickets, should you not follow the sequence the ticket will be forfeited. If you intend not to travel prior to your departure, please note that travel bookings are non-transferable and name changes are not permitted, and that you will forfeit the fare if you do not notify the airline or your travel consultant prior to your scheduled departure.
Offensive Content
Fabulous Tours does not allow any of the following content or links to such content, to be published on its website:
- Content of a pornographic, sexually explicit or violent nature.
- “Hate” sites or content that could be reasonably considered as discriminatory in any way including by way of sex, race or age discrimination.
- Content of an illegal nature (including stolen copyrighted material).
- Content that is defamatory or violates a person’s privacy.
- Content that involves theft, fraud, drug-trafficking, money laundering or terrorism.
- Pirated software sites.
- Illegal gambling sites.
If Fabulous Tours, in its sole discretion determines that any customer content violates any law, including the Film and Publications Act, 65 of 1966 or this policy, it may:
- Request the customer to immediately remove such content; and/or
- Require the customer to modify such content; and/or
- Without notice, suspend or terminate access to any services; and/or
- Without notice, delete the offending content; and/or
- Notify the relevant authorities of the existence of such content (if required by law or otherwise), make any backup, archive or other copies of such material as may be required by such authorities, disclose such elements of the customer’s data as may be requested by the authorities and take such further steps as may be required by such authorities.
Refunds
Fabulous Tours may charge a service fee for cancellations and/or refunds processed, except as per the Consumer Protection Act, the cancellation and/or refund is because of death, illness or hospitalisation. All refunds will be processed in a considerate timeframe by Fabulous Tours, whereby you will be required to complete and submit the Fabulous Tours refund consent form.
All refunds are dependent on the third party cancellation policy. Should the third party service provider allow for refunds, the refund will take place the same way the payment was made.
Only the person named on the booking payment receipt, unless otherwise agreed upon in writing by all the travellers listed on the booking, will receive refunds in the same manner the payment was made. In the case of cancellations being covered under the terms of your travel insurance policy, you will be required to arrange directly with your travel insurer to reclaim these charges, should your reason for cancellation be valid.
Please submit complaints to us in writing within 72 (seventy-two) hours of returning from you travel, for us to follow up and investigate the complaint, and mitigate losses and damages efficiently. Stolen or lost luggage at the airport must be reported to the airline prior to leaving the airport. Any other claims relating to third party service providers must be made directly to the third party service provider. Should you be dissatisfied with your travel booking please contact Fabulous Tours customer care centre in writing by emailing to info@fabuloustours.net
Privacy Policy
By providing Fabulous Tours with your personal information, you agree to the Fabulous Tours Privacy Policy and how Fabulous Tours communicates your personal information, and you consent to Fabulous Tours collecting, disclosing and processing your personal information as per our Privacy Policy. Your personal information is processed in accordance with the POPI Act and our Privacy Policy, whereby Fabulous Tours is committed to protect your personal information.
You hereby consent that Fabulous Tours may disclose, as required by the Protection of Personal Information Act, to third party service providers that are directly connected with facilitating your travel arrangements, with regards to provisional bookings and confirmed bookings. Fabulous Tours and third party service providers may in facilitating your travel arrangements disclose your personal information to car rental companies, hotels, airlines and other service providers, this includes overseas recipients with whom you seek to make a booking. Your personal information will only be sent to third party service providers to facilitate in the booking of services and administration of services they may render for your travel overseas.
By booking with Fabulous Tours, you agree that third party service providers overseas may be located in countries where the law on the Protection of Personal Information may not be as strict as in the Republic of South Africa. Therefor you agree by booking with Fabulous Tours that you take the risk of disclosing your personal information to an overseas service provider or recipient, and that you agree that Fabulous Tours will not be liable for how your personal information is handled. Although Fabulous Tours will ensure that all of its business partners do comply with the POPIA, before entering into business dealings with third parties.
With regards to personal information and any applicable law, legal process, government request or regulation, Fabulous Tours retains the right to at all times monitor, retain and disclose any information if required by law.
Hosting service provider
As many of our customers are aware, the EU’s General Data Protection Regulation (GDPR) came into effect on 25 May 2018 and South Africa’s Protection of Personal Information Act (POPIA) will come into effect on 1 July 2021. Many organisations have geared up to comply with their regulatory obligations under data protection law by these dates. We have done the same. We are committed to complying with our obligations in data protection law, including in our role as a data processor (or operator as it is called in South Africa) for our customers.
We are the data controller (or responsible party as it is called in South Africa) of your personal data when you sign up with us. We are the processor (or operator) when we store the personal data of your data subjects that you have uploaded to your hosting package on our servers.
When we provide services to you, you are the data controller for the personal data you process because you decide the purpose and means of how the personal data of your data subjects gets processed. This means that you decide how and why we process your data when we provide services to you. You are responsible or accountable for complying with data protection laws for the personal data of your data subjects.
As a processor, we merely process the personal data on your behalf, such as hosting your data on our managed hosting servers. We are a ‘low-touch’ processor, which means that Fabulous Tours has no knowledge of the actual content of data that our controllers or customers store on our hosting platform.
As the controller, data protection law (such as the GDPR in the EU or POPIA in South Africa) requires you to conclude agreements with your processors when they process the personal data of your data subjects. Some customers require their processors to sign a Data Processing Agreement (DPA) to fulfil this requirement.
At Fabulous Tours, we have taken the proactive step to update our Terms of Service in line with our requirements in data protection law. This means that you do not need to use a DPA because these requirements have been included in our Terms of Service under ‘Data Processing’ (clause 19). The clause describes the steps we take to ensure that we meet our processor obligations when we provide services to you. You can view our Terms of Service or find out more on our website’s Legal Centre.
As the controller, data protection law requires you to conclude agreements with your processors when they process the personal data of your data subjects. Some customers require their processors to sign a Data Processing Agreement (DPA) to fulfill this requirement.
At Fabulous Tours, we have taken the proactive step to update our Hosting Terms in line with our requirements in data protection law. This means that you don’t need to use a DPA, because these requirements have been included in our Hosting Terms under the ‘Data Protection’ section.
This section describes the steps we take to ensure that we meet our processor obligations when we provide services to you.
By using Fabulous Tours, you acknowledge that Fabulous Tours use hundreds of third party service providers across the world, therefore should you request overseas travel arrangements, you agree that Fabulous Tours may send your personal information to third party service providers situated in foreign counties, with less stringent privacy laws. You agree that Fabulous Tours will not be held liable for any third party use of your personal information. Hereby Fabulous Tours agrees to use your personal information for the sole use of making bookings and requesting quotations on your behalf, verbally or in writing by you and a Fabulous Tours consultant.
Fabulous Tours will ensure that all third party service providers do comply with the Protection of Personal Information Act as stipulated by government.