Terms & Conditions
Please read the following terms & conditions carefully, as they set out the terms and conditions of the contract between you and Byva Travel (Pty) Ltd. Byva Travel (Pty) Ltd acts as booking agent for the suppliers of the component parts of the services we organize, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that supplier’s standard terms and conditions.
Nature of the Services Rendered by Byva Travel (Pty) Ltd
Byva Travel (Pty) Ltd renders the service of hosting an on-line search and booking portal, with its primary focus on the travel industry (the services) pursuant to which the general public shall:
- Have access to the portal.
- Be entitled to set certain travel, accommodation and/or other service criteria based on information gleaned from the internet.
- Request quotations and be entitled to confirm bookings and place reservations relating to its travel, accommodation and/or other service requirements.
For the avoidance of doubt, the Services do not include any advisory or consultancy services.
The Client & Authority
Any person(s) wishing to utilize the services of Byva Travel (Pty) Ltd or its employees, indicates their acceptance of Byva Travel (Pty) Ltd terms & conditions. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED Byva Travel (Pty) Ltd terms & conditions and to have the authority to do so on behalf of the person in whose name the ultimate reservation or booking is made (collectively referred to as the client(s).
Third Party Service Providers
Byva Travel (Pty) Ltd provides clients with the Services either itself or acting on behalf of principals engaged in or associated with the travel industry, such as airlines, hotels and/or other service providers or suppliers (collectively referred to as ‘the principal’). Byva Travel (Pty) Ltd represents the principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death which any client may suffer as a result of any act or omission on the part of or the failure of the principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the principal (which is often constituted by the services issued by the principal), shall constitute the sole contract between the principal and the client and any RIGHT OF RECOURSE the client may have, will be solely against the principal. Byva Travel (Pty) Ltd shall, as soon as possible after the confirmation of the client’s booking, provide to the client the identity of the principal and to the extent possible, a copy of the terms and conditions applicable to the client’s booking with the relevant principal(s). It is the client’s responsibility to familiarize themselves with such terms & conditions (‘the principal’s terms & conditions). Specific airline’s terms & conditions may apply.
Booking Enquiries & Reservations
Once the Client has completed all applicable fields to initiate an enquiry regarding a particular destination, trip, tour, mode of travel, preferred accommodation and/or other service provided on the Byva Travel (Pty) Ltd website www.byvatravel.com or mobile application (together, ‘the sites’), or initiated such an enquiry with Byva Travel (Pty) Ltd by any other means of communication including by means of access to the sites via booking kiosks, if applicable, (collectively referred to as ‘the enquiry’), the sites will prepare and provide the client with the projected total cost of the enquiry (online, by e-mail, by SMS or telephonically) (‘the quote’). THE QUOTE IS ACCEPTED by the client when the client proceeds with the steps as specified on the sites or accepts the quote telephonically or via email. Full payment of the total value of the quote (‘the payment’) is required in order to confirm reservations with the relevant principals (‘the booking’). Once the online booking or booking affected by Byva Travel (Pty) Ltd has been completed and the client has authorized Byva Travel (Pty) Ltd to process the payment by submitting the booking for reservation, the client will be supplied with the final details of the booking (‘the booking confirmation’). IN THE CASE OF AIR TICKETS, FULL PAYMENT FOR THE BOOKING NEEDS TO BE MADE AND REFLECT IN THE BANK ACCOUNT OF BYVA TRAVEL BY MIDNIGHT South African time on the day that the Booking was made in order to guarantee the fare quoted according to the booking.
The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the booking based on information gleaned from the internet. It ALSO ACKNOWLEDGES that the internet booking has been compiled and is managed and updated by the principal, and that Byva Travel (Pty) Ltd has no control over information compiled by the principal. Accordingly, BYVA TRAVEL CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Principal. Any right of recourse in that regard will be against the Principal.
Payment & Payment Terms
- Detailed description of goods and/or servicesByva Travel (Pty) Ltd is a business in the Travel Industry that provides travel services to our clients.
- Delivery policySubject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way of email confirmation with applicable booking/reference numbers.
- Return and Refunds policyThe provision of goods and services by Byva Travel (Pty) Ltd is subject to availability. In cases of unavailability, Byva Travel (Pty) Ltd will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5% administration fee.
- Payment options acceptedPayment may be made via Visa and MasterCard.
- Card acquiring and securityCard transactions will be acquired for Byva Travel (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card detailsCustomer details will be stored by Byva Travel (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currencyThe merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency isSouth African Rand (ZAR).
- ResponsibilityByva Travel (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods..
- Country of domicileThis website is governed by the laws of South Africa and Byva Travel (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 8 Alison Street, Buccleuch, Johannesburg, South Africa, 2090.
- VariationByva Travel (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- Company informationThis website is run by Byva Travel (Pty) Ltd based in South Africa trading as Byva Travel (Pty) Ltd and with registration number 2015/260995/07 and Directors IX Solans & C Solans.
- Byva Travel (Pty) Ltd contact detailsPhysical Address: 8 Alison Street, Buccleuch, 2090
Postal Address: PO Box 521533, Saxonwold, 2132
Telephone: 010 312 50 08
Quotes are provided at the ruling daily exchange rate. Until Byva Travel (Pty) Ltd has received payment, it RESERVES THE RIGHT to amend any quote. Should the quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of payment will be reflected in the quote itself. The onus will be on the client to check that there have been no changes in the quote prior to making the payment. Airfares are subject to the price and conditions quoted by the airlines. However, once payment has been received, the quote is guaranteed PROVIDED. Please be advised that service fees and products are non-refundable in case of a cancellation.
THAT the payment was made by midnight on the day that the booking was made. Should the client be a group booking and the group number deviate from the number required for the booking, the PRINCIPAL MAY RESERVE THE RIGHT to re-cost the quote and raise a surcharge. Should any client refuse to accept and pay such surcharge, it may result in the principal CANCELLING THE BOOKING AND RETAINING any payment made, and Byva Travel (Pty) Ltd will be entitled to retain any service fees charged.
These fees cover the costs incurred by Byva Travel (Pty) Ltd in booking and servicing your service(s) reservation(s). We reserve the right to charge a service fee for any additional service(s) rendered.
Responsibility & Hold Harmless
The proposed travel arrangements are made on the EXPRESS CONDITION that Byva Travel (Pty) Ltd, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘losses’) to any client (which shall be deemed to include the heirs, executors, administrators or assigns of the client), their luggage, or other property, wherever, whenever and however the same may occur (except if such losses arise directly or indirectly from the gross negligence or willful misconduct of Byva Travel (Pty) Ltd or any person acting for or controlled by Byva Travel (Pty) Ltd, in which case such claim shall be lodged in writing with Byva Travel (Pty) Ltd within 30 (thirty) days after the occurrence of the alleged Loss. The CLIENT INDEMNIFIES AND HOLDS HARMLESS Byva Travel (Pty) Ltd or any person acting for or controlled by Byva Travel (Pty) Ltd accordingly.
It is STRONGLY ADVISED that all clients take out adequate insurance cover in order to cover instances such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). Byva Travel (Pty) Ltd will NOT BE HELD RESPONSIBLE OR LIABLE if the client fails to take adequate insurance cover. It shall not be obligatory upon Byva Travel (Pty) Ltd to effect insurance for the client (since this service does not fall within the scope of the services) except upon detailed instructions given in writing by the client. All insurance effected by Byva Travel (Pty) Ltd pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk. Byva Travel (Pty) Ltd shall NOT BE OBLIGED to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the client will have recourse against the insurers only.
Please note that various credit card companies offer limited levels of travel insurance, which in Byva Travel (Pty) Ltd Travel’s view may not be sufficient cover for international travel. The CLIENT IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determine whether this is sufficient cover for the Client’s requirements.
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the client on receipt of the payment in full.
Passports, Visas & Health
It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements before travelling. Byva Travel (Pty) Ltd will endeavor to assist the client but such assistance will be at Byva Travel (Pty) Ltd discretion (since this service does not fall within the scope of the services) and the client acknowledges that in doing so, Byva Travel (Pty) Ltd IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES BYVA TRAVEL against any consequences of the client’s failure to comply with any such requirements. It is the CLIENT’S DUTY to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.
Warning – Malaria and other Tropical Diseases
Certain parts covered by the client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the client is STRONGLY ADVISED to take the necessary precautions in this regard. Hence we recommend that the client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination. If this has not been done prior to departure, it is imperative to do so upon return.
An amendment fee per booking may be levied for any changes to the confirmed itinerary and or ticket. Any travel agent’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant principal.
In the event of the client cancelling the booking, Byva Travel (Pty) Ltd shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the payment and claim reasonable damages suffered by Byva Travel (Pty) Ltd. The principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the payment (less Byva Travel (Pty) Ltd service fee) will be refunded by the principal to the client without any further obligation on the part of Byva Travel (Pty) Ltd. Byva Travel (Pty) Ltd will CHARGE A FEE for processing the request for refund. Clients should refer to the “Refunds” section of these terms & conditions, as well as the cancellation provisions contained in the principal’s conditions or the sites. Principals may charge cancellation fees over and above the cancellation fees charged by Byva Travel (Pty) Ltd in terms of this condition.
In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Byva Travel (Pty) Ltd Travel, its agents or the principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S OWN ACCOUNT.
Itinerary Variations & Transfers
While every effort is made to keep to the final itinerary, the principals reserve the right to make changes intended for the client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and Byva Travel (Pty) Ltd shall NOT BE HELD LIABLE for any such variations. IT IS THE CLIENT’S DUTY to check each amendment to the itinerary.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the client and Byva Travel (Pty) Ltd. Byva Travel (Pty) Ltd SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Clients who have special requests must specify such requests in writing to Byva Travel (Pty) Ltd prior to the final confirmation of a booking. Whilst Byva Travel (Pty) Ltd will use its best endeavors to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.
Amendments of these Conditions
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Byva Travel (Pty) Ltd.
NO REFUNDS will be considered in any circumstances whatsoever by Byva Travel (Pty) Ltd if the client has not purchased adequate insurance at the time of making the booking. Refunds by the principals will be subject to their respective terms and conditions. Byva Travel (Pty) Ltd will charge a fee for processing a request for refund. Principals may charge refund fees above those stated here.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is the CLIENT’S EXCLUSIVE DUTY. This will apply especially when the client(s) instructs Byva Travel (Pty) Ltd to make and pay for travel arrangements on the internet.
E-ticketing – Documents required for Travelling
It is the CLIENT’S EXCLUSIVE DUTY to ensure that it is in possession of all relevant travel documents prior to commencing with its travels. For example, the client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation. Certain airlines require the physical credit card, used to make payment, to be presented at check-on or a copy of the credit card and the card-holders ID, in addition the above mentioned documents. The requirement to have a valid passport or identity document will apply to all members of a travelling party and for each minor travelling (including infants).
If the client requests or instructs Byva Travel (Pty) Ltd to effect bookings via the internet, the client IRREVOCABLY AUTHORIZES Byva Travel (Pty) Ltd to do the following on its behalf:
- Make any selections of and for the proposed travel arrangements.
- Inform the Client of the prices attached to the proposed travel arrangements PRIOR TO CONFIRMING the booking.
- Make payment for such booking and ancillary services.
Limitation of Liability
BYVA TRAVEL, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE OR INJURY SUFFERED BY ANY PERSON WHETHER TO THEIR PERSON OR PROPERTY, HOWSOEVER CAUSED WHETHER OR NOT ARISING FROM ANY ACT, OMISSION, DEFAULT, OR NEGLIGENCE ON THE PART OF BYVA TRAVEL AND SUCH CLAIM IS LODGED IN WRITING WITH BYVA TRAVEL WITHIN 30 (THIRTY) DAYS AFTER THE DATE ON WHICH THE BOOKING IS MADE. UNDER NO CIRCUMSTANCES WILL BYVA TRAVEL BE HELD LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
In the event that Byva Travel (Pty) Ltd has to engage a lawyer to enforce any of its rights in terms of these terms & conditions or otherwise, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.
Subject to statutory constraints or compliance with an order of court, Byva Travel (Pty) Ltd undertakes to deal with all client information of a personal nature on a strictly confidential basis.
Confirmation of Travel Arrangements
All onward travel arrangements (local, international, on return and domestic connecting flights) must be RECONFIRMED BY THE CLIENT 72 (seventy-two) hours prior to departure.
General Terms and Conditions for Online Bookings
Please note that over and above the online terms and conditions as set out below (‘the online conditions’), all online bookings made via the sites are subject to the terms & conditions which appear above. Where there is a conflict between the two, the terms & conditions will prevail.
The sites are owned by Byva Travel (Pty) Ltd and the domain names are registered in the name of Byva Travel (Pty) Ltd Travel. All intellectual property rights in and to the aforementioned vests in Byva Travel (Pty) Ltd. None of the content or data found on the sites may be reproduced, sold, transferred, or modified without the express written permission of Byva Travel (Pty) Ltd.
Copyright & Trademark Notices
All contents of the sites are registered to Byva Travel (Pty) Ltd and the logo are trademarks (whether registered or unregistered) of Byva Travel (Pty) Ltd. All rights in and to any copyright or registered or unregistered trademarks of Byva Travel (Pty) Ltd remain strictly reserved. Other product and/or company names mentioned in the terms & conditions and/or the online terms & conditions may be the trademarks of their respective owners.
Changes & Modifications of these Terms and Conditions
Byva Travel (Pty) Ltd may make future changes, deletions or modifications to the online terms & conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the client’s subsequent viewing or use of the sites and/or the conclusion of a transaction with Byva Travel (Pty) Ltd will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the online terms & conditions and notices which are in effect at the time of the client’s use of the sites and facilities.
Access & Use
The sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the online terms & conditions. The Client agrees to all the online terms & conditions and notices.
Access to and use of the sites are ENTIRELY AT THE CLIENT’S RISK. Byva Travel (Pty) Ltd may discontinue or suspend the sites at any time without notice, and it may block, terminate or suspend any client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others provided that such right to block, terminate or suspend any client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
Personal & Noncommercial Use Limitation
The sites are for the client’s personal and non-commercial use. The content and information on the sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Byva Travel (Pty) Ltd or the principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the sites or its contents or information for any purpose (direct or indirect) other than conducting enquiries and making bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the sites, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the sites. In addition, whether or not the client has a commercial purpose, the CLIENT AGREES NOT TO:
- Access, monitor or copy any content or information of the sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Byva Travel (Pty) Ltd.
- Violate the restrictions in any robot exclusion headers on the sites or bypass or circumvent other measures employed to prevent or limit access to the sites.
- Take any action that imposes, or may impose, in the discretion of Byva Travel (Pty) Ltd, an unreasonable or disproportionately large load on the agent(s) infrastructure; or
- Deep-link to any portion of the sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Byva Travel (Pty) Ltd.
The information, software, products, and services published on the sites may include inaccuracies or typographical errors. In particular, Byva Travel (Pty) Ltd DOES NOT GUARANTEE THE ACCURACY of the hotel, air, and other travel products displayed on the sites (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective principals. Byva Travel (Pty) Ltd DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the sites are intended as only general guidelines, and Byva Travel DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.
Byva Travel (Pty) Ltd may make improvements and/or changes on the sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. Byva Travel (Pty) Ltd makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the sites for any purpose, and the inclusion or offering for sale of any products or services on the sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Byva Travel (Pty) Ltd. For the avoidance of doubt, the services rendered by Byva Travel (Pty) Ltd do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.
The agent hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the relevant information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The principals are independent contractors and not agents or employees of Byva Travel (Pty) Ltd or its affiliates. Affiliates include websites which click-through to the website. Byva Travel (Pty) Ltd is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. Byva Travel (Pty) Ltd and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant principals.
In no event shall Byva Travel (Pty) Ltd and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the sites or with the delay or inability to use the sites, or for any information, software, products, and services obtained through the sites, or otherwise arising out of the use of the sites, whether based on contract, tort, strict liability, or otherwise, even if Byva Travel (Pty) Ltd and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
By offering travel for sale to particular international destinations on the sites, Byva Travel (Pty) Ltd does NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and is NOT LIABLE for damages or losses that may result from travel to such destinations.
The Client AGREES TO DEFEND AND INDEMNIFY Byva Travel (Pty) Ltd and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by the Client or on the client’s behalf or by third parties as a result of:
- The client’s breach of the Online Conditions and notices or any other documents referenced herein.
- The client’s violation of any law or the rights of a third party; or
- The client’s use of the Sites.
No Unlawful or Prohibited Use
The client WARRANTS UNCONDITIONALLY that the client will not use the Sites for any purpose that is unlawful or prohibited by the online conditions and notices or any other prohibitions unlawful in terms of South African law.
Links to other Websites
There are links on the sites which allow a client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Byva Travel (Pty) Ltd and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Byva Travel (Pty) Ltd inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. Byva Travel (Pty) Ltd has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Byva Travel (Pty) Ltd against any claims for loss or damage arising from the client’s use of or of information gained from or from accessing any such linked sites.
Please note that the use of this website and the mobisite is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.
Use of the sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Byva Travel (Pty) Ltd as a result of this agreement or use of the sites.
Byva Travel (Pty) Ltd performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Byva Travel (Pty) Ltd right to comply with law enforcement requests or requirements relating to the client’s use of the sites or information provided to or gathered by Byva Travel (Pty) Ltd with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Byva Travel (Pty) Ltd with respect to the sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Byva Travel (Pty) Ltd with respect to the sites.
Any rights not expressly granted to Byva Travel (Pty) Ltd herein remain reserved.
All the terms and conditions displayed on the sites constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Byva Travel (Pty) Ltd or otherwise that is not included herein.