Terms and Conditions

 

 

A. MERIDIAN TRAVEL SERVICES TERMS AND CONDITIONS

These Terms and Conditions set out a Member’s/ Sponsored Member’s participation in the respective Travel Club as managed by Meridian Travel Services (MTS). These terms and conditions may refer to the respective Travel Club Membership as managed by MTS collectively or in the alternative as the “Membership”.

I. Definitions

a. "We", "Us", and "Our" refer to Meridian Travel Services (Pty) Ltd (referred to as MTS herein), the Service Provider.
b. "You" and "Your" refer to the Member/ Sponsored Member of the respective Travel Club.
c. "Membership" refers to the Travel Club Membership which the Member/ Sponsored Member has with the respective Travel Club.

  1. GENERAL
    1. Any reference to the singular includes the plural and vice versa.
    2. Any reference to natural persons includes legal persons and entities and vice versa.
    3. Any reference to a gender includes the other genders.
    4. The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
    5. Words and expressions defined in any sub clause shall, for the purposes of the clause of which that sub clause forms part, bear the meaning assigned to such words and expressions in that sub clause.
    6. If a particular number of days are referred to in this agreement, such number of days shall be reckoned exclusively of the day on which the event occurs from which the number of days is to be reckoned and inclusively of the last day of the number of days which is specified.
    7. All references to days, in these Terms and Conditions refer to normal business days and excludes Saturdays, Sundays and official Public Holidays.
    8. Any reference in this agreement to any legislation is to such legislation or its amendments, as at the date of signature of this agreement.
    9. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of South Africa.
    10. The respective Travel Club as managed by MTS travel services are available via the respective Travel Club and/or MTS website.
    11. MTS may at any time and in its sole discretion, amend any of the Terms and Conditions governing the respective Travel Club Membership.
    12. Any updated information regarding Benefits available or any changes to MTS and/or the respective Travel Club will be posted via the website by way of a pop-up disclaimer and/or may be communicated via email.
    13. These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Service Provider and the purchase of all products and/or services are subject to the terms and conditions of use or booking of the Service Provider, supplying such products or services to the Member.
    14. If the English version of these Terms and Conditions conflicts with any other language version, the English version shall prevail.
    15. All materials, information, software, products, and services included on or available through the websites (the “content”) are provided “AS IS” and “AS AVAILABLE” for the Member to use. The content is provided without warranties of any kind, either express or implied.
    16. MTS and/or the respective Travel Club reserves the non-exclusive right to use and publish all reviews, positive feedback, or photographs of Members taken at presentations or shared with MTS and/or the respective Travel Club on social media or other platforms in publications, exhibits or for other promotional purposes and the Member expressly agrees to this provision.
    17. Under no circumstances shall MTS and/or the respective Travel Club, their service provider, contractors, licensors, suppliers, agents, any independent provider/ transmitter of information, or the employees, agents, officers or directors of the foregoing parties (collectively, the “covered parties”) be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from: (1) the use of, or inability to use, the Website; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In the event of any dispute, the member will carry the onus to prove any representation made and the member is specifically referred to the terms of this written Agreement.
    18. MTS and/or the respective Travel Club has the right to cede, assign or transfer all rights and obligations in terms of this Agreement, in its sole discretion. The Member acknowledges that such cession, assignment, or transfer shall not affect its obligations under this Agreement and shall remain liable for all payments and obligations in terms of this Agreement. Upon written notice to the Member, MTS and/or the respective Travel Club may cede, assign or transfer any or all of its rights, title, and interest in and to this Agreement to any affiliate, subsidiary, or nominated party. This clause shall survive termination or expiration of this Agreement.
    19. All dispute(s) arising and/or relating to this agreement that remain unresolved for a period of three (3) months, must be referred by the Member in accordance with the provisions of Section 69 of the CPA to the Consumer Goods Services Ombudsman visiting www.cgso.co.za, National Consumer Commission visiting www.thencc.org.za and/or any other consumer tribunal that has jurisdiction for adjudication. The Member must first exhaust these remedies in terms of the CPA before any dispute may be referred to a court of law.
    20. If any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
    21. Each person who has an agreement with the respective Travel Club or MTS, represents and warrants that he or she is duly authorised and has the legal capacity to enter into the respective legally binding agreement.
    22. Any indulgence or relaxation of any of the terms and conditions of this agreement in favour of the Member by MTS and/or the respective Travel Club will not prevent and/or preclude MTS and/or the respective Travel Club from enforcing its rights and remedies at any later stage.
    23. No failure, delay, relaxation, or indulgence on the part of MTS and/or the respective Travel Club in exercising any power, remedy or right conferred upon it in terms of this agreement shall operate as a waiver of such power, remedy or rights, nor shall any single or partial exercise of any such power, remedy or right preclude any other or further exercise thereof, or the exercise of any other power, remedy or right hereunder.
    24. This Membership Agreement and these Terms and Conditions with Schedules constitute the entire contract between the Member, MTS and the respective Travel Club relating to the Member’s Membership.
    25. Any promises, representations, offers, and other communications not expressly set forth in these Terms and Conditions are of no force or effect, UNLESS AGREED TO IN WRITING AND SIGNED BY BOTH PARTIES.
    26. No travel offers can/ may be by any presentative of the respective Travel Club. Travel examples provided by the respective Travel Club presenters are for promotional purposes only. These examples constitute previously achieved rates and not quotations or promised discounts.

 

B. TRAVEL SERVICES

  1. Any Member with its Sponsored Members, and who are in good standing order with their respective Travel Club (with no outstanding fees and having met all terms and conditions as set out in their Travel Cub Agreement), has access to the MTS and/or the respective Travel Club websites travel enquiries.
  2. All request (s) for reservations or reservations made through MTS and/or the respective Travel Club by a Member and/or Sponsored Member, will always be subject to availability.
  3. All travel reservations will be subject to the specific terms and conditions of each Preferred Supplier.
  4. A reservation will only be confirmed once all amounts payable by the Travel Club Member for any travel services required, is paid in full, to the Service Provider, at the time of the reservation. By making the payment to the Service Provider, the member authorises the Service Provider to make payments on his/her behalf to the Preferred Supplier for the Member’s reservation. Payment will only be made by the Service Provider/ Agent, upon receipt of acceptable proof of payment from the Member, and only once the paid funds have cleared in both parties’ bank account.
  5. Only a Travel Club Member may cancel his/ her reservation. A Sponsored Member’s reservation can only be cancelled by the Sponsored Member.
  6. Reservations have a 100% Cancellation Policy and all items are non-refundable.
  7. The Member/ Sponsored Member may be held liable for a cancellation penalty by the Preferred Supplier if a reservation is cancelled. If a Member/ Sponsored Member is liable for such a penalty, the Member/ Sponsored Member will be solely responsible for the full payment of the penalty. MTS and/or the respective Travel Club, the Service Provider and/or Agent will not be responsible for any contribution thereto, irrespective of the cause thereof.
  8. Any cancellation penalty or changes or charges imposed by any Preferred Supplier upon the Member/ Sponsored Member, does not form part of this agreement between the Service Provider, Agent MTS and/or the respective Travel Club.
  9. The Service Provider, Agent, MTS and/or the respective Travel Club will not become involved, mediate, or settle any dispute between the Member and a Preferred Supplier.
  10. Payments made via Credit Card will attract a 2,75% Service Fee.
  11. Payment by means of PayU, could result in funds taking up to three (3) or more business days, to reflect in the allocated/intended account. If the Member’s/ Sponsored Member’s booking rate as quoted, or the Member’s/ Sponsored Member’s choice of accommodation/ flights/ cruise/ other request, have changed in the interim, the Member’s/ Sponsored Member’s consultant will attempt to contact the Member/ Sponsored Member regarding changes. As the payer, the Member/ Sponsored Member will be liable to cover any shortfall, to secure the Member/ Sponsored Member booking. The Member’s/ Sponsored Member’s booking will only be secured once all the funds reflect in the allocated/intended account.
  12. MTS and/or the respective Travel Club and/or the Service Provider will not be liable for any shortfalls between the original rate quoted to the Member/ Sponsored Member and the rate payable by the Member/ Sponsored Member, once the funds reflect in the allocated account.
  13. MTS and/or the respective Travel Club and/or the Service Provider will NOT be liable for bookings lost or forfeited during any period whilst awaiting full payment by the Member/ Sponsored Member to the allocated account.
  14. The Member’s membership cannot be used for group travel. Ten (10) or more people travelling together, will be deemed to constitute a group.
  15. Travel insurance is not included in the Member’s/ Sponsored Member’s quotation for travel. Travel insurance is essential and highly recommended. Travel insurance is for the Member’s/ Sponsored Member’s own account.
  16. Standard travel insurance cover may be requested together with Member/ Sponsored Member travel request(s) and quotation(s) The cost of travel insurance cover, will vary depending on the Member’s/ Sponsored Member’s personal choices and requirements.
  17. All and/ or any changes to any reservation, must be done directly with the Member’s/ Sponsored Member’s Travel consultant either via telephone or email and confirmed by email to the email address provided by the Travel Consultant.
  18. MTS, the perspective Travel Club and/ or the Service Provider is not the agent for any Preferred Supplier. MTS and/ or the perspective Travel Club does not extend any warranties on behalf of any Preferred Supplier, including the Representatives/ Agents of the Preferred Supplier and extends no warranties whatsoever in relation to the prices, rates, discounts, availability or any services, provided by any Preferred Suppliers or Service Provider, including the Representatives/ Agents of the Preferred Supplier. MTS, the perspective Travel Club and/or the Service Provider will not be held liable by the Member/ Sponsored Member for any representations made by any Preferred Supplier, Sales representatives or MTS and/or the respective Travel Club Representer, including but not limited to representations regarding discounts. In the event of any dispute, the Member/ Sponsored Member will carry the onus to prove any representation made by any Sales Representative or MTS Representer and/or the respective Travel Club and the member is specifically referred to the terms of this written agreement.
  19. The Member/ Sponsored Member hereby indemnifies MTS and/or the respective Travel Club, the Service Provider and/or any Agent against any claim, of any nature whatsoever, which may arise from the Member’s Member/ Sponsored Member’s use of the services of any Preferred Supplier, introduced to the Member / Sponsored Member by MTS and/or the respective Travel Club, the Service Provider and/or Agent.
  20. Other websites are linked to the MTS website, in good faith. MTS does not warrant the correctness or the content in relation to, inter alia (among other things) rates, availability, discounts, nature and quality of services and/or the terms and conditions of each Service Provider. It is the obligation of the Member to verify the correctness of all information set out on such websites. MTS, the Service Provider and/or Agent accepts no responsibility for the content of these sites.
  21. Rates and prices between different Preferred Suppliers will vary from time to time. MTS and/or the respective Travel Club and the Service Provider base discount(s) on Rack Rates, which are obtained from the Preferred Supplier and any discounts that may be negotiated and received from the Preferred Supplier, which may be passed on to the Member/ Sponsored Member.
  22. All bookings should be requested at least four (4) months prior to the travel date if during Peak/High- Season, 2 months for Mid/Shoulder-Season travel and 1 month for Low/Out-of-Season travel, to ensure optimal service delivery. Rates are applicable at the time of booking and always subject to availability.
  23. MTS and/or the respective Travel Club will endeavor to offer the Member/ Sponsored Member the best possible price within its ability, but prices may increase, beyond the control of MTS and/or the respective Travel Club, above the initially published price, due to limited inventory availability or for other reasons.
  24. MTS and/or the respective Travel Club Travel Bookings and other travel services are booked subject to the booking terms and cancellation policy applicable to each specific booking and may contain restrictions imposed by Service Providers such as minimum or maximum age requirements, travel insurance and visa requirements. It is the Member’s / Sponsored Member’s responsibility to ensure that the Member/ Sponsored Member is able to comply with the booking terms including any such restriction or requirements before booking. MTS and/or the respective Travel Club shall not be liable for the Member’s/ Sponsored Member’s failure to comply with such restrictions or requirements.
  25. It is the responsibility of the Member/ Sponsored Member to comply with and obtain all passports, visa and health requirements and/or any other entry requirements that may be applicable for each destination of the Member/ Sponsored Member.
  26. The Member/ Sponsored Member will be responsible for his/her own vaccination as well as the vaccination of each member of his /her party, booked for on the same booking, as required by each destination that he/she visits and will therefore not hold MTS and/or the respective Travel Club or the Service Provider liable for his/her failure to do so.
  27. Any Member/ Sponsored Member who travels whilst pregnant must obtain a ‘fit for travel’ letter from a medical practitioner as it may be required by some service providers. The Member/ Sponsored Member must provide the Member’s/ Sponsored Member’s consultant with details of the Member’s/ Sponsored Member’s pregnancy, at the time of booking or as soon as possible, as some service providers place restrictions on travel during pregnancy.
  28. Travel benefits may be booked and used by the Member/ Sponsored Member (aged 18 or older) and family.
  29. Dependent children are those children residing with their parent(s) or legal guardian(s), in school and 18 years of age or under. Those children who are over the age of 18 (eighteen), un-married, residing with their parent(s) or legal guardian(s), and attending school or a tertiary institution (up to the age of 25) are also considered dependent children. A child who is permanently disabled (no matter what age) and under the direct care of his or her parent(s) or legal guardian(s) is deemed as a dependent child.
  30. It is the Member’s Member/ Sponsored Member’s choice which Benefit(s) and/or other travel option(s) are selected, purchased and used. Not participating in all/any of the Benefits offered to the Member/ Sponsored Member by MTS and/or the respective Travel Club, at the Member’s chosen level of membership, does not constitute a breach of this agreement by either party.
  31. Non-use of any of the Benefits or offers of the Membership does NOT entitle a Member/ Sponsored Member to a full or partial refund of the Member’s/ Sponsored Member’s Initial Activation Fee and monthly service fees, except where these Terms and Conditions provide otherwise.
  32. The Member/ Sponsored Member agrees to comply with the Member Code of Conduct when travelling as a Member/ Sponsored Member. The Member/ Sponsored Member further agrees to indemnify MTS and/or the respective Travel Club for any liability, (including attorney fees), damages, fines, penalties, or other awards arising from the Member’s Member/ Sponsored Member ‘s conduct when travelling as a Member/ Sponsored Member. MTS and/or the respective Travel Club may at any time set off any liability of the Member/ Sponsored Member against any liability of MTS and/or the respective Travel Club, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these terms and conditions or otherwise. This also applies to the others travelling with the member as part of his/her party.
  33. The Member/ Sponsored Member is not entitled to a fixed discount on any fee payable to the Service Provider.
  34. Any amendments to these Terms and Conditions will be posted via the website, by way of a pop-up disclaimer for acceptance thereof and/or may be communicated via email, by the Member/ Sponsored Member.