Helio Booking Terms And Conditions For FCI (U)

Please read the following “Helio Booking Terms and Conditions” carefully, as they contain important information about your legal rights, remedies and obligations. You must not make any bookings via the Helio Platform unless you understand and agree with these Helio Booking Terms and Conditions. References to “FCTG”, “us”, “we” and/or “our” in these Helio Booking Terms and Conditions shall mean Flight Centre Travel Group Proprietary Limited (Registration Number 1994/000253/07) and its related entities. References to “you” and “your”, in these Helio Booking Terms and Conditions shall mean the independent third-party authorised by FCTG to access and use the Helio Platform for the purposes of booking travel products and services for its customers.

By making any booking via the Helio Platform, you agree to comply with and be bound by these Helio Booking Terms and Conditions which will apply to any bookings you make via FCTG’s Helio Platform.

Agency

We act as an agent and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, hotels, rail, car hire, accommodation and cruise line operators, as well as all of our wholesalers. Our obligation to you is to (and you expressly authorise us to) provide booking services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.

Liability

To the extent permitted by law, neither FCTG nor any of its related entities, directors, officers, employees, or agents accept any liability in contract, or otherwise for any injury, liability, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the South African Consumer Law).

Prices

All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once your booking has been paid for in full. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases.

Deposits and Final Payment

You will be required to pay a deposit or deposits when booking. FCTG accepts Visa, Mastercard and American Express as valid forms of payment for bookings made through the Helio Platform. FCTG may make changes to acceptable forms of payment from time to time and will notify you in writing if this occurs.

Subject to your client’s rights under South African Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to FCTG having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. A deposit will secure your client’s booking/seat, however prices quoted may change before you make the final payment.

Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking, please check the travel service provider’s terms and conditions. If you book a product where full payment is not required at the time of booking, it is your responsibility to ensure full and final payment is received by the travel service provider prior to the final payment due date. Otherwise your booking may be cancelled or penalties may apply if not cancelled prior to the full payment date, should this be allowed by the relevant travel service provider

Credit Card Transactions

Surcharges will apply to all payments made by debit or credit card. You authorise us to charge all fees incurred by you in relation to the bookings you make via the Helio Platform to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

Travel Documents

Travel documents including, without limitation, airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider may be subject to certain conditions and/or restrictions such as, but not limited to, being non-refundable, non-date-changeable, and subject to cancellation and/or change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. Any errors in names, dates and timings may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates and timings on your client’s documentation will be your responsibility if not advised at the time of booking.

Confirming travel & schedule changes

You should confirm scheduled travel times at least 24 (twenty-four) hours prior to departure by (i) Completing an online check in, (ii) Downloading the applicable division’s mobile app and ensuring that push notifications are activated, and (iii) Confirming scheduled travel times with your travel expert, account manager or with the third party service provider directly.

We recommend that travellers contact the airline to confirm their scheduled departure time 24 hours prior to their flight. Air travellers are required to check in at least 2 hours prior to departure time for domestic flights and 3 hours for international flights and must report to the gate at least 30 minutes prior to departure time. Failure to comply may result in the loss of the seat to another passenger.

Change or Cancellation

All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.

Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the supplier processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.

To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider will deduct any applicable travel service provider fees.

In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.

In these Helio Platform Booking Terms and Conditions “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).

A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).

Travel Insurance

We strongly recommend that your clients take out appropriate travel insurance to cover their travel arrangements.

COVID-19 (Coronavirus) Guidance

We recommend that you contact the Department of Health or visit their website at http://www.health.gov.za/ as well as the South African Covid Portal on https://sacoronavirus.co.za/ for general travel advice, as well as specific advice (including safety alert levels) relating to the destinations you wish to book.

In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your traveller’s transit and final destination at each of (i) the time of booking, (ii) as the travel date approaches and (iii) immediately before travel.

Your clients are choosing to travel at a time where they may be exposed to the Coronavirus. It is your responsibility to ensure that your clients acquaint themselves with all relevant travel information, including applicable health risks. You acknowledge that your client’s decision to travel is made based on their own consideration of this information, and you acknowledge and agree that you will make your clients aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

Passports, Visas and Health

A valid passport is required for all passengers, including infants, when travelling internationally. Passports must be valid for at least six months after the date of intended return and must have a minimum of two blank pages.

It is important that you ensure that travellers have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.

You must ensure that your clients are aware of any health requirements and recommended precautions relevant to their travel booking and ensure that your clients carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny travellers entry into a country. General health advice for travel destinations is also available from DFAT (see www.smartraveller.gov.au).

Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. It is your responsibility to follow up with the travel service provider directly.

Travelling with Children

The Department of Home Affairs has issued requirements in respect of all South African children under the age of 18 (eighteen) years old who travel internationally in and out of South Africa. The ages of children and infants travelling must relate to the dates of travel. There are additional requirements if the child is travelling with only one parent, with neither biological parent, or unaccompanied. Failure to provide this information on check in will result in passengers being denied boarding. Please refer to the Department of Home Affairs website for information on minors travelling internationally http://www.dha.gov.za/

Taxes

You will be liable for any additional taxes levied by the relevant country or city visited including amongst others local city tax or departure tax. However, some countries may charge additional departure, hotel or other taxes that must be paid locally.

Privacy Notice

We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Notice which is available online at Privacy Notice (flightcentre.co.za). By providing personal information to us, you agree that our Privacy notice will apply to how we handle your personal information and you consent to us collecting, using, and disclosing your personal information as detailed in our Privacy Notice.

In particular, you agree that in certain circumstances (such as where you request us to book international travel for you) we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas travel service providers (e.g. airlines, accommodation or tour providers) with whom you make a booking. These travel service providers will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. We may also disclose your personal information to our overseas related entities and to service providers who perform services for us within and outside the Republic of South Africa. Generally, we will only disclose your personal information to these entities and/or persons in connection with the facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any entity and/or person (including any overseas recipients), you agree that: (i) in the case of travel service providers or other recipients who are providing services directly to you, we will not be required to ensure that recipient’s compliance with South African privacy laws or otherwise be accountable for how they handle your personal information and you acknowledge and agree that your rights in relation to their handling of your personal information are governed by the contract between you and that recipient (which may include their privacy policy); and (ii) in the case of our related entities and travel service providers who perform services for us, we will take reasonable steps to ensure that recipient’s compliance with South African privacy laws. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person and/or entity.

Modifications of these Helio Booking Terms and Conditions

We reserve the right to modify any of these Helio Booking Terms and Conditions at any time without prior notice. If we make changes to any of these Helio Booking Terms and Conditions, we will notify you in writing, which are effective upon notification. The applicable terms that apply are those in effect at the time you make a booking with us.

Governing Law

If any dispute arises between you and us, the laws of South Africa will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of South Africa and waive any right that you may have to object to an action being brought in those courts.

These terms were last updated on 9 November 2022.