Travel Services Agreement (Terms & Conditions)
- 1.1 All Quotations provided by TripZapp are subject to availability of the product or service from the Supplier at the time of Booking/ Reservation by TripZapp on the Client’s behalf.
- 1.2 Prices quoted cannot be guaranteed due to demand and price fluctuations and/or currency fluctuations and will only be confirmed upon issuance of written confirmations of bookings.
- 1.3 Bookings/ Reservations may be held for a limited period only, provided however that TripZapp cannot guarantee such period or Bookings/ Reservations until payment has been affected in full by the Client and TripZapp has paid same to the Principal/ Supplier and received their confirmation.
- 2.1 Any person requesting a Quotation or making a Reservation or to whom any Service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the Services are rendered.
- 2.2 Any Client providing confirmation, whether in writing or verbal, pursuant to a Quotation shall be deemed to have accepted these standard terms and conditions, and furthermore, shall be deemed to have complied with any and all “internal” requirements or authorisations, whether or not such confirmation contains an order number and furthermore, shall be deemed to have obtained the authority and/or approval of the Traveller on whose behalf the Client is accepting the Quotation.
- 3.1 The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from sources which have been compiled and are managed by the Suppliers. TripZapp does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such information sources. The Client acknowledges that any right of recourse in that regard may be against the Suppliers.
- 3.2 While it may be possible to break away from the itinerary, and subject to increased cost implications, it is understood that such breakaways will be for the Client’s account.
- 4.1 Travellers or their agent can make most date changes directly with the suppliers involved while they are travelling. Some dates may only be changed through TripZapp.
- 4.2 Availability of seats and date change fees are subject to the suppliers’ policies and fare rules. TripZapp may advise on the policies regarding a specific itinerary on request.
- 4.3 TripZapp may assist in making date changes for an additional charge or as per agreement. Please enquire with TripZapp regarding these additional charges. These charges will be in addition to the date change fees charged by the Supplier, including, airlines and other third party suppliers. Some airlines may not allow date changes. In order to change the travel dates of such tickets, the ticket must be submitted for a refund and a new ticket purchased for the new travel dates. (Please refer to the section on Cancellations, below.)
- Once tickets have been issued, routing changes (including adding, removing, or changing stopovers or connections) may not be permitted by all airlines or other Suppliers. If a routing change is needed, the ticket may need to be submitted by TripZapp to the Supplier for a refund and a new ticket purchased for the new travel routing. (Please refer to the section on Cancellations, below).
- Whilst TripZapp will use its best endeavours to accommodate or facilitate any special requests, it cannot guarantee that it will be in a position to facilitate any such demands. The earlier such requests are made prior to departure date, the better the chances of being able to facilitate such request. The Client acknowledges that TripZapp is almost invariably subject to the terms and conditions of the Suppliers.
TRIPZAPP AS AN INTERMEDIARY
- 7.1. TripZapp only acts as an intermediary between the Client and the Suppliers, and accordingly on receipt by TripZapp of any request for a Booking(s) or pursuant to a Quotation, TripZapp shall transmit any such Booking to the Suppliers concerned and endeavour to secure timeously all reservations and arrangements.
- 7.2. All Quotations or estimates provided by, or Bookings made with and/or all Services rendered or vouchers, receipts or tickets issued by or on behalf of TripZapp are subject to these Standard Terms and Conditions as well as those of any Supplier.
- 7.3. The Suppliers may be exempt from liability by reason of acting as agents of disclosed principals such as hotels, car hire and coach operators or may have contracted out of liability, it is therefore recommended that appropriate insurance be taken out by all Travellers and that Travellers acquaint themselves with the terms of such insurance particularly the exclusions and consider the adequacy of such insurance relative to their needs.
- 7.4. TripZapp does not accept liability to the Traveller for any actions, errors or omissions of the Suppliers and/or their agents, which may be prejudicial to the Client or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damages of whatsoever nature or kind and the Client indemnifies TripZapp accordingly.
- 7.5. Any right of recourse the Client may have will be solely against the Suppliers.
- 7.6. It shall be the Client’s responsibility to ensure that the Bookings/Reservations effected by TripZapp on the Client’s behalf accord with the Client and/or Traveller’s intended travel itinerary and arrangements. TripZapp shall in no circumstances be responsible for any loss, harm, damage, cost or expense of whatsoever nature and howsoever incurred in relation to incorrect Bookings/Reservations or Bookings/Reservations effected contrary to the Client or the Traveller’s intended travel arrangements. Any errors made to the Client/Traveller’s itinerary must be brought to TripZapp’s immediate attention.
LIMITATION OF LIABILITY
- 8.1. Neither TripZapp nor any related company or representative shall be liable for any injury, illness, harm, trauma, death to the Client or any other passenger and/or loss of or damage howsoever caused and the Client indemnifies TripZapp accordingly. TripZapp, its directors, employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of TripZapp’s employee(s).
- 8.2. Due to the fact that TripZapp is only acting as an intermediary and as an agent of the Client/Traveller, all risk inherent in utilising the services of the Principal/Supplier, including, but not limited to, the liquidation of such Principal/Supplier or the ramifications of such Suppliers not being registered with an appropriate international governing body requiring the maintenance of certain standards and/or safety regulations, shall remain with the Client/Traveller.
- 8.3. All amounts paid to TripZapp in respect of the Services shall be deemed not to be held in Trust by TripZapp and accordingly, any amounts paid over to third party Principals/Suppliers, are paid over on the Client’s behalf pursuant to an implied instruction from the Client when accepting a Quotation and effecting payment of a Supplier/Principal’s usual fees or charges or deposits.
- 8.4. Should any Client/Traveller request to have flights booked on non-IATA registered airlines through the internet or General Distribution System, and remain insistent on confirming such travel arrangements, despite the fact that non-IATA registered airlines are not subject to stringent safety audits and there is no financial stability checks and no commitment to IATA service standards, TripZapp will accordingly not be responsible for any liability for any financial or safety implications that may arise from the use of such airlines.
- 9.1. All Booking requests are to be provided by the Client/ Traveller to TripZapp in writing in line with the Client’s agreed process of authorisation.
- 9.2. Wherever possible, TripZapp will endeavour to confirm the status of any Booking in writing whether by e-mail or SMS, but any failure to do so shall not be considered to negate the validity and conditions of the Booking or to constitute an act of negligence on behalf of TripZapp.
- 9.3. In the event of there being an unscheduled extension to the Booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of TripZapp, TripZapp will make all efforts to change or find alternatives within the initial travel cost, however unavoidable expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for the Client’s account.
- 9.4. Unless full payment is due at the time of making the Booking, the Client shall not be required to make payment for the Booking for a period of 7- 12 days within which TripZapp shall provide a line of credit to the Client.
- 9.5. TripZapp shall issue Booking Invoices to the Client immediately upon receipt of request from the Client and the Client shall promptly settle all invoices within 24 hours of receipt.
- 9.6. The price quoted to the Client is based on fares, hotel prices, land costs and other relevant costs at the date of Quotation. The Client is accordingly required to effect payment timeously failing which the validity of Bookings and fares or costs may be nullified and a reprising and/or re-booking by their Principal/Supplier may be required. The Client shall bear all risk in this regard.
- 9.7. In the event of there being any increase in any of the foregoing costs prior to the issuing of the documents, such variation shall be for the Client’s account and payable on request by TripZapp, as shall any increase in the price(s) quoted arising from the fluctuation in rates of exchange.
RECONFIRMING FLIGHTS / TICKETS
- TripZapp recommends that Travellers reconfirm each flight, even if the airline says that it is not required. Where online seat allocation and check-in exists, the online process will replace all other arrangements. It is the Client/Traveller’s responsibility to check that pre-seating has been done correctly and that the Traveller is in the possession of his required boarding passes if these services are requested by the Client.
AIRLINE DEFAULT / INVOLUNTARY SCHEDULE CHANGES
- TripZapp takes no responsibility in the event of an airline’s or Principal/Supplier’s default or cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended. Travellers are advised to acquaint themselves with the terms of such insurance particularly the exclusions and to consider the adequacy of such insurance relative to their needs.
- 12.1. Quoted Prices and Reservations are not guaranteed until written confirmation of booking have been issued, and are subject to change at any time prior thereto.
- 12.2. TripZapp agrees to grant the Client a line of credit of 5 to 10 days for bookings depending on the volume and frequency of the Client’s travel.
- 12.3. In the event that the Client does not make payments for bookings within the period stipulated in Clause 12.2 above, TripZapp shall reserve the rights to suspend Client’s account until the necessary payments are made and to charge additional fees.
- 12.4. In addition to the cost of the bookings, TripZapp shall charge a Transaction fee of 10% of the value of bookings made by Client (included in quoted price for bookings)
- 12.5. Aside from passport, visa and other Peripheral Service fees ("additional fees"), TripZapp reserves the right to charge after hours booking charges where bookings are made after official business hours, communication fees, consultation fees, administration and amendment fees where applicable. With the cancellation of a trip, the agent service fees will still apply.
- 12.6. Bookings for specialised group and incentives reservations: Notwithstanding the provisions of Clause 12.2 above, TripZapp may require pre-payment or upfront deposits in order to secure the required volumes and shall upon receipt of payment commence issuance of written confirmation of bookings. Depending on the itinerary, Client must allow for agreed timelines from the time payment is made to TripZapp for bookings and for confirmation of bookings to be delivered. Booking confirmations may be issued physically or electronically or a combination of both or as agreed by parties.
- 12.7. Late Payment: If the travel documents are delayed as a result of late payment which may necessitate the use of a courier service, the cost of delivery by courier shall be borne by the Client. Alternatively, TripZapp may cancel the Booking in its sole discretion. Late payment may also result in cancellation of the Booking by the Principals/Suppliers and third party service providers.
- 13.1. TripZapp strongly recommends that travel insurance be purchased for the duration of the Client’s journey. Insurance can only be purchased prior to departure. TripZapp urges the Client to take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. The Client must check the specific details of the complimentary cover with his/her respective credit card company directly.
- 13.2. TripZapp is under no obligation to affect any insurance on behalf of the Client or Traveller. TripZapp shall not be obliged to obtain separate cover for any risks so excluded, nor shall TripZapp be under any obligation to affect a separate insurance for each Traveller, but may declare it on any open or general policy.
- 13.3. The risk of a failure to obtain adequate insurance cover shall be solely on the Client/Traveller and TripZapp shall not be liable for any loss, harm, damage, and costs of whatsoever nature and howsoever incurred in connection with the Client/Traveller’s travel arrangements. Accordingly all queries must be addressed to the Client and/or the Traveller’s principal insurer, as TripZapp shall in no way be held responsible for any and/or all information advanced by any of its staff or representatives in this regard.
- 13.4. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only and TripZapp will not be under any responsibility or liability whatsoever in relation thereto.
- TripZapp will, on request, endeavour to assist the Client or Traveller with Peripheral Requirements or Services, provided however, that TripZapp shall not be held liable for ensuring that these Peripheral Requirements and Services are provided correctly or timeously or at all, nor ensure the accuracy of any information or any lack of information relating to such Peripheral Requirements and/or Services. TripZapp does not determine the cost of some of these services but will charge specific service fees for these Peripheral Services and any assistance is accordingly rendered at the Client’s/Traveller’s sole risk.
TRAVELLERS’ DETAILS AND DOCUMENTS
- 15.1. Verification of Traveller’s full names and travel details: It is important that the Client provide TripZapp with the Traveller’s full names as per the passenger/s travel documents (National ID or passport). Failure to do so could result in the Traveller being denied boarding or face deportation due to name mismatch information. The Client must confirm that all the travel arrangements, itinerary details and documents are correct. Once documents have been issued, name changes are not permitted to airline tickets and any change thereto will require that the ticket/s is submitted for a refund and a new ticket is issued. Any financial penalties imposed by the service provider(s) as a result of name changes will be payable by the Client.
- 15.2. Other documents: Other documents that may be required for the Client’s journey are the Client’s identity document/passport, an international driver's license, inoculation certificates and hotel, car and tour vouchers. The Client is to ensure that he/she checks all of these documents at the time of issue where applicable, prior to the Client’s departure. If bookings have been made directly on the online services of TripZapp, it is required that the Client will check and establish requirements for the destinations booked and paid for.
15.3 Passports, Visas & Health:
- 15.3.1. The Client is responsible for obtaining any necessary visas and travel permits for all countries that the Client will be travelling to or transiting through, and for informing him/herself as to which countries/areas within countries require visas and/or special permits. Visa and entry requirements may vary depending on the Client's nationality, the length of stay, and the purpose of the visit, among other factors.
- 15.3.2. Where required, TripZapp shall render visa and immigration assistance services upon specific request by the Client and a signed agreement accordingly.
- 15.3.3. It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and that the Client’s passport will be valid for 6 (six) months to 1 (one) year after the Client’s return to his/her home country and contains sufficient blank pages (for visa issuance) and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
- 15.3.4. The Client is to check the requirements with TripZapp before travelling. The Client acknowledges that any advice given by a Travel Consultant should not be interpreted as legal advice concerning visas, entry requirements, immigration, or residency.
- 15.3.5. It is specifically noted that TripZapp cannot be held responsible for: Denial of the Client’s visa application for any reason; Delay of issuance of the Client’s visa by the relevant Consulate or High Commission; Loss of the Client’s passport(s) by the consular offices and/or courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Passport application delays; incorrect issuance of passport or visa.
- 16.1. The Client acknowledges that all TripZapp’s Suppliers and/or Service Providers have different terms and conditions relating to cancellation and refunds and whilst TripZapp will endeavour, at the Client’s request, to assist with cancellations and refund claims, TripZapp shall not be responsible for the forfeiture of any deposits, costs or charges paid or due to Principals/Suppliers or other third party suppliers, or the failure to obtain any refunds from any such Suppliers on the Client’s behalf;
- 16.2. The Client further acknowledges that the policies and terms and conditions of Bookings, deposits or payments also vary according to the types of fares and the cancellation notice periods afforded by such Suppliers to the Client having regard to the actual cancellation notice period given by the Client. The onus of timeously notifying Principals/Suppliers of required cancellations in accordance with those terms and conditions shall remain exclusively with the Client. The Client acknowledges that some tickets are non-refundable (irrespective of circumstances), whilst others may require significant notice periods, and furthermore these terms and conditions may vary with large group or block bookings. Any failure to cancel any booking will result in a total booking cost remaining payable by the Client which shall include any pre-payment that may have been affected on the Client’s behalf by TripZapp.
- 16.3. In the event that the Client cancels or postpones any bookings or travel ticket purchase, for any reason whatsoever, the Client shall remain liable to TripZapp for all its usual fees which shall apply regardless of cancellation, whether in the nature of administration fees, service fees or cancellation fees in respect of such services regardless of any refunds that may be obtained for the Client or notice periods afforded to TripZapp.
- 16.4. In the case of large group bookings under Clause 13.6 above, the Client acknowledges and agrees to be bound by the terms and conditions set out herein pertaining to cancellations and refunds.
- 16.5. Cancellation by TripZapp: TripZapp reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Additionally, TripZapp shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of TripZapp.
- 16.6. Non-Refundable Tickets: Certain tickets are completely non-refundable according to airline rules and various other third party’s terms and conditions. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airliner’s default or government travel warnings will not entitle the Client to any refund in the case of non-refundable tickets nor of waiving the cancellation penalties in the case that the tickets can be refunded.
- 17.1. TripZapp shall not be required to refund the Client until such time as it has been refunded, if at all, by Suppliers or any other third party service provider and all TripZapp’s fees as contemplated in clause 17.3 have been paid.
- 17.2. Administration fee on refunds: All refunds may be subject to an administration fee imposed by the Supplier, and in certain cases, TripZapp. Refunds by the Suppliers will be subject to their terms and conditions which will include the administration fees applicable in respect of refunds and the Client is responsible for familiarising him/herself therewith. In the case of TripZapp, administration fees that may be applicable in respect of refunds (over and above those fees contemplated in clause 17), shall be drawn to the Client’s attention in the fee proposals or Quotations.
- 17.3. TripZapp, as an intermediary, can only assist in processing and following up on the Client’s refund.
- 17.4. In no way whatsoever does TripZapp or any of its employees guarantee a refund unless it is reduced to writing and provided by the Suppliers.
- 18.1. Whilst TripZapp shall use its reasonable endeavours to ensure a Client or Traveller obtains the benefit of his/her Loyalty Programme, it shall be the sole responsibility of the Client and/or Traveller to ensure that the requirements of such Loyalty Programmes are adhered to and that the relevant Loyalty Programme operator is duly notified. TripZapp shall not be responsible for any failure to obtain the benefit of a Loyalty Programme on the Client/Traveller’s behalf.
- 18.2. The Client hereby indemnifies TripZapp against any and all claims by any third party of whatsoever nature and howsoever arising in respect of any failure to procure rewards or benefits from any Loyalty Programme.
- 19.1. Subject to statutory constraints or compliance with an order of court, TripZapp undertakes to deal with the entire Client’s Confidential Information on a strictly confidential basis. TripZapp may provide certain information to the Principal/ Suppliers for the purpose of the Client’s travel arrangements, in terms of, which the Client hereby provides its irrevocable consent.
- 19.2. Although TripZapp will endeavour to maintain the confidentiality of such information, once distributed to third parties, the confidentiality can no longer be guaranteed by TripZapp.
- 19.3. The Client acknowledges that it may become possessed of Confidential Information proprietary to TripZapp, such as, without limiting the generality of the afore-going, rates, service fees and contractual arrangements with Suppliers. The Client undertakes to maintain the confidentiality of such information and not to disclose or distribute such information to third parties without TripZapp’s prior written consent, acknowledging that a breach of the undertaking could result in TripZapp suffering damages.
- This agreement shall be valid for a period of one year commencing from the date of execution and may upon the written request of either party, be renewable for a further term of one year on terms mutually agreed upon by Parties.
- Either party may terminate this Agreement upon one month’s prior written notice to the other party. Termination shall not affect confidentiality obligations with respect to any Confidential Information which was obtained prior to the effective date of termination.
- Any amendment or variation of this Agreement shall be in writing and signed by or on behalf of both Parties.
- This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria. The Parties hereby submit to the jurisdiction of the Courts of the Federal Republic of Nigeria in relation to any Legal or Arbitration proceedings arising out of this Agreement. Each party will bear its own costs in respect of any disputes arising under this Agreement.