Clause 1Definitions
In these Terms & Conditions, unless the context indicates otherwise:
- "TSSA", "we", "us" or "our" means Travel Source South Africa (Pty) Ltd, Registration Number 2025/826051/07.
- "Client", "you" or "traveller" means the person, company, travel agent, tour operator, group organiser, representative, passenger or guest making an enquiry, requesting a quotation, confirming a booking, paying for services or travelling under a booking arranged by TSSA.
- "Booking" means any confirmed travel arrangement, itinerary, transfer, tour, accommodation booking, activity, safari, aviation-related service, restaurant reservation, event support service, land service or related travel service arranged by TSSA.
- "Quotation" means a written proposal, estimate, itinerary, rate sheet, package price, invoice or booking offer issued by TSSA.
- "Supplier" means any third-party service provider used in the fulfilment of a booking, including hotels, lodges, guesthouses, transport operators, drivers, guides, safari operators, activity providers, restaurants, aviation operators, boat operators, event suppliers, concierge suppliers, attractions, ground handlers and ticketing platforms.
- "Services" means the travel arrangement, booking coordination, itinerary planning, supplier sourcing, quotation, reservation management and related support services provided by TSSA.
- "Travel Services" means the actual travel products or experiences supplied by third-party suppliers.
- "Deposit" means the initial amount required to secure or begin confirming a booking.
- "Final Balance" means the remaining amount payable after any deposit has been paid.
- "Force Majeure Event" means any event beyond the reasonable control of TSSA, the client or a supplier that prevents, delays or materially affects the performance of a booking.
- "CPA" means the Consumer Protection Act 68 of 2008.
- "POPIA" means the Protection of Personal Information Act 4 of 2013.
- "Business Day" means any day other than a Saturday, Sunday or official public holiday in South Africa.
Clause 2Company Role: Agent / Arranger, Not Principal
TSSA is an inbound travel company and booking coordinator. We design, arrange, coordinate and facilitate travel services through a curated network of independent third-party suppliers.
Unless expressly stated in writing, TSSA does not own, operate, control or manage:
- hotels, lodges, villas, apartments or accommodation properties;
- vehicles, coaches, aircraft, helicopters, boats or safari vehicles;
- restaurants, attractions, reserves, national parks, activity venues or event spaces;
- airline services, immigration services, insurance products or medical services.
TSSA acts as an agent, intermediary and travel arranger between the client and the relevant supplier. The actual supply of accommodation, transport, tours, activities, flights, safaris and other services is performed by the supplier concerned.
Supplier terms and conditions apply to each component of a booking. By confirming a booking with TSSA, the client acknowledges that TSSA may contract with suppliers on the client's behalf and that the client is bound by the applicable supplier terms.
TSSA will use reasonable care and skill in selecting and coordinating suppliers but cannot guarantee uninterrupted performance by third parties.
Clause 3Bookings & Confirmations
An enquiry, quotation or draft itinerary does not constitute a confirmed booking. A booking is only confirmed once:
- TSSA has issued written confirmation;
- the required deposit or full payment has been received in cleared funds;
- supplier availability has been reconfirmed; and
- any required client information has been supplied.
Availability and pricing are subject to change until payment is received and supplier confirmation is secured. TSSA may withdraw or amend a quotation before confirmation if supplier rates change, availability changes, exchange rates fluctuate, taxes/levies/park fees/fuel costs change, incorrect information was supplied, or a manifest error appears in the quotation.
The client is responsible for checking all booking details including names as per passport, travel dates, pickup/drop-off locations, flight details, room types, meal plans, traveller count, child ages, passport nationality and visa requirements, special requests and medical or mobility requirements.
Any error must be reported to TSSA immediately. TSSA will assist where possible, but amendment fees, fare differences, supplier penalties and third-party costs may apply.
Clause 4Payment Terms
Payment terms will be stated on the quotation, invoice or booking confirmation. Unless otherwise agreed in writing, TSSA may require a non-refundable or partially refundable deposit to begin securing services, interim payments for high-value or multi-component bookings, and final balance payment by the due date stated on the invoice.
Certain suppliers require full prepayment at the time of booking. This is common for peak-season accommodation, safari lodges, domestic or regional flights, event tickets, national park bookings, private villas, and helicopter/aviation/marine/adventure activities.
A booking is not guaranteed until the required payment is received and supplier confirmation is issued. If payment is late, TSSA may cancel or suspend the booking, release provisional supplier holds, charge late-payment administration costs, pass on supplier penalties, and require repricing based on current availability and rates.
All bank charges, intermediary bank fees, card fees, foreign-exchange conversion fees, payment gateway charges, sender charges and receiving bank charges are for the client's account unless otherwise stated. For international bank transfers, TSSA must receive the full invoiced amount in cleared funds. Any shortfall caused by bank charges or currency conversion remains payable by the client.
Clause 5Cancellations by the Client
The client may cancel a booking by written notice to TSSA. The cancellation date is the date on which TSSA receives written cancellation during business hours in South Africa.
Cancellation charges may include supplier cancellation fees, non-refundable deposits, ticketing or reservation fees, bank/payment gateway/card charges, administrative and planning fees, third-party penalties, TSSA service fees already earned, and any other reasonable costs incurred in arranging the booking.
Under the CPA, a consumer has the right to cancel an advance booking, reservation or order, but a supplier may require a reasonable deposit and impose a reasonable cancellation charge, subject to the fairness factors in the Act.
No cancellation fee may be imposed where the booking cannot be honoured because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made, subject to documentary proof and the applicable CPA provisions.
Supplier cancellation policies may be stricter than TSSA's own administrative terms, especially for flights, lodges, high-season hotels, national parks, event tickets, villas, activities and special services.
TSSA will use reasonable efforts to recover refundable amounts from suppliers, but refunds are subject to supplier approval and processing timelines. TSSA is not obliged to refund amounts that have already been paid to suppliers and are not recoverable.
Clause 6Cancellations by TSSA
TSSA may cancel, amend or substitute a booking where reasonably necessary due to supplier cancellation or failure, safety concerns, route closures, weather conditions, national park / attraction / activity closures, insufficient availability, non-payment by the client, force majeure, incorrect or incomplete client information, or conduct by the client that creates risk, disruption or legal exposure.
Where a supplier fails to provide a booked service, TSSA will use reasonable efforts to assist with suitable alternatives of comparable standard where available.
The CPA restricts over-selling and over-booking and provides that a supplier who accepts payment without a reasonable basis to provide the services, or provides materially different services, may be required to refund and compensate the consumer subject to statutory exceptions.
Clause 7Cancellations by Suppliers
Suppliers may cancel, delay, amend, substitute or reschedule services due to weather, operational safety, mechanical issues, staff shortages, overbooking, strike action, national park or attraction rules, government restrictions, route / airport / border disruptions, or force majeure.
Supplier terms govern refunds, credits, substitutions, amendment fees and penalties. TSSA will assist with supplier communication but cannot guarantee a refund where the supplier's policy does not allow it. Where a supplier offers an equivalent or reasonable alternative and the client refuses it, cancellation or refund rights may be affected.
Clause 8Force Majeure
TSSA will not be liable for any failure, delay, loss, damage, expense or inconvenience caused by a Force Majeure Event. Force Majeure Events include, but are not limited to:
- natural disasters; extreme weather; floods, fires, storms, droughts or earthquakes;
- pandemics, epidemics or public health emergencies;
- war, terrorism, civil unrest or riots; strikes or labour disputes;
- government restrictions, border closures or visa changes;
- airport, airline, port or road closures; national park or attraction closures;
- fuel shortages; power failures, load-shedding or infrastructure failures;
- supplier insolvency or operational failure;
- wildlife, animal or environmental incidents.
In a Force Majeure Event, TSSA may assist with amendments, credits, postponements or alternative arrangements, subject to supplier policies and availability. Additional costs caused by force majeure, including accommodation, transport, meals, rerouting, supplier penalties, flight changes or emergency arrangements, are for the client's account unless recoverable from a supplier or insurer.
Clients are strongly advised to purchase comprehensive travel insurance covering cancellation, curtailment, delay, medical emergencies, evacuation, supplier failure where available and force majeure-related disruption.
Clause 9Liability Limitations
TSSA will exercise reasonable care and skill in arranging services. TSSA is not liable for the acts, omissions, negligence, breach, failure, delay, insolvency, representations or conduct of independent third-party suppliers, except to the extent required by South African law.
TSSA will not be liable for indirect, consequential, special or punitive damages, including loss of enjoyment, loss of profit, loss of opportunity, emotional distress, inconvenience, missed connections or reputational loss, except where such limitation is prohibited by law.
TSSA's liability, where legally permitted, is limited to the fees actually received by TSSA for the affected service, excluding supplier costs, taxes, pass-through charges and third-party fees. Nothing in these Terms & Conditions excludes liability that cannot lawfully be excluded, including liability arising from gross negligence, wilful misconduct or statutory rights that cannot be waived.
Clause 10Client Conduct
The client must behave lawfully, respectfully and safely toward TSSA staff, suppliers, guides, drivers, hotel staff, other guests, local communities, wildlife, property and the public.
TSSA or a supplier may refuse service, remove a client from a service or terminate participation where the client acts unlawfully, is abusive/threatening/intoxicated/violent, endangers themselves or others, damages property, refuses safety instructions, harasses staff/guests/community members, breaches park/lodge/attraction/activity rules, or disrupts the itinerary or group movement.
No refund will be due where services are terminated due to client misconduct, subject to applicable law. The client is responsible for any damage, loss, fine, penalty, cleaning cost, legal cost or supplier charge caused by the client's conduct.
Clients must respect wildlife rules, conservation laws, cultural sites, local communities, religious spaces, heritage sites and environmental requirements.
Clause 11Suppliers & Third-Party Services
TSSA may use independent suppliers to provide services. Suppliers operate under their own licences, permits, insurance, safety standards, operating rules and terms. TSSA may change suppliers where reasonably necessary, provided the replacement is of similar standard where available.
TSSA does not guarantee that any specific guide, driver, vehicle, room number, aircraft, table, safari vehicle, restaurant table, attraction time or supplier staff member will be available unless expressly confirmed in writing and subject to supplier conditions.
Supplier descriptions, photographs, star ratings, room categories, vehicle examples and itinerary content are provided in good faith but may change. TSSA is not liable for supplier website errors, third-party descriptions, public information changes or supplier rate changes.
TSSA may receive commission, net rates, markups, service fees or supplier remuneration in respect of bookings. By confirming a booking, the client acknowledges that TSSA may earn remuneration from the arrangement of services.
Clause 12Insurance
Comprehensive travel insurance is strongly recommended for every traveller. The client is responsible for obtaining suitable insurance covering, where applicable:
- medical expenses; emergency evacuation and repatriation;
- cancellation; curtailment; travel delay; missed connections;
- baggage loss or delay; personal liability;
- adventure activities; safari activities;
- aviation and helicopter activities; marine activities;
- pre-existing medical conditions; supplier insolvency where available.
TSSA does not provide insurance advice unless expressly authorised and licensed to do so. Any insurance information supplied by TSSA is general guidance only. The client must verify policy terms, exclusions, limits and suitability directly with the insurer or broker. Failure to obtain appropriate insurance is at the client's own risk.
Clause 13Documentation: Passports, Visas, Vaccinations
The client is responsible for ensuring that they hold valid passports, visas, permits, vaccination certificates, health documents, travel insurance and other required documents. Passport validity, blank-page requirements, visa rules and immigration requirements vary by nationality, routing and destination.
TSSA may provide general guidance but does not guarantee immigration outcomes. TSSA is not responsible for denied boarding, denied entry, deportation, quarantine, missed services, fines, penalties or losses arising from incorrect, incomplete or invalid travel documents.
The client must notify TSSA of nationality, passport type, country of residence, travel dates, transit countries, minor children travelling, medical or vaccination concerns, and special documentation requirements.
Travellers entering areas where yellow fever certificates, malaria precautions or other health measures may be relevant must obtain professional medical advice before travel.
Clause 14Pricing, Taxes & Currency Fluctuations
Prices are quoted based on the information available at the time of quotation. Prices may change due to supplier rate increases, currency exchange fluctuations, fuel price changes, taxes/levies/government charges, conservation fees, park fees, tourism levies, airport or airline charges, availability changes, seasonal rate changes, or changes requested by the client.
Unless expressly stated otherwise, quoted prices exclude: visas; travel insurance; personal expenses; meals not stated as included; gratuities; optional activities; excess baggage; porterage unless specified; bank charges; payment processing charges; foreign-exchange losses; and anything not expressly listed as included.
Where a quote is issued in foreign currency, the ZAR equivalent may fluctuate until payment is received and converted. TSSA may require additional payment where currency movement, supplier repricing or third-party costs affect the booking before full payment. Obvious typographical, calculation or system errors may be corrected.
Clause 15Special Requests
Special requests must be made in writing at the time of booking. Special requests may include room location, bed configuration, dietary requirements, accessibility needs, child seats, guide language, medical needs, celebration setups, early check-in or late check-out, and specific vehicle preferences.
TSSA will pass special requests to suppliers but cannot guarantee fulfilment unless confirmed in writing by the supplier. Additional charges may apply.
Clause 16Activities, Safaris, Aviation, Marine & Adventure
Certain activities carry inherent risks. Participation may be subject to supplier safety briefings, indemnities, age limits, weight limits, fitness requirements, weather conditions and medical restrictions.
The client must disclose any medical condition, pregnancy, disability, injury, phobia, mobility restriction or other factor that may affect participation. Suppliers may refuse participation on safety grounds. In such cases, refund entitlement will depend on the supplier's terms.
Aviation, helicopter, marine, safari and adventure activities may be cancelled or rescheduled due to weather, safety, aircraft/vehicle/vessel serviceability, operational conditions or regulatory restrictions.
Clause 17Complaints & Dispute Resolution
If the client has a complaint during travel, the client must notify TSSA and the relevant supplier as soon as possible so that reasonable corrective action can be attempted. Complaints not raised during travel may be more difficult to resolve after the fact.
Formal complaints must be submitted in writing within 7 days after completion of the service, unless a longer period is required by law or supplier terms. TSSA will investigate complaints in good faith, communicate with suppliers where relevant and provide feedback within a reasonable time.
The CPA provides mechanisms for consumer enforcement and alternative dispute resolution. The parties will first attempt to resolve disputes by good-faith negotiation. If unresolved, the matter may be referred to mediation, an applicable industry body, the National Consumer Commission, the Consumer Tribunal or a competent South African court, depending on the nature of the dispute.
Clause 18POPIA & Data Protection
TSSA processes personal information for legitimate travel, booking, administrative, legal, accounting, safety, marketing and client-service purposes. Personal information may include names, contact details, passport details, nationality, dates of birth, travel preferences, dietary information, medical or mobility information where relevant, payment records, emergency contacts, booking history and correspondence.
TSSA will process personal information in accordance with POPIA and applicable law. POPIA's purpose includes promoting protection of personal information processed by public and private bodies and introducing minimum processing requirements.
TSSA may share necessary personal information with suppliers and service providers to fulfil bookings, including hotels, lodges, transport providers, guides, activity suppliers, airlines, restaurants, attractions, payment processors, accountants, legal advisors, insurers, emergency services and technology service providers.
TSSA may transfer personal information outside South Africa where necessary for the booking, for example to international suppliers, agents, cloud systems, payment platforms or travel partners. TSSA will take reasonable steps to protect personal information against loss, unauthorised access, disclosure, alteration or misuse.
The client warrants that they have authority to provide personal information for all travellers in the booking. The client may request access, correction or deletion of personal information where permitted by law.
Clause 19Intellectual Property
All itineraries, proposals, route designs, package structures, copy, documents, pricing models, training material, brand material, images created by or for TSSA, website content, PDFs, templates and systems remain the intellectual property of TSSA or its licensors unless otherwise agreed in writing.
The client may use TSSA documents only for the purpose of considering, confirming or participating in the relevant booking. No person may copy, reproduce, distribute, resell, publish, white-label, modify or commercially exploit TSSA content without written permission.
Travel agents and B2B partners may use approved TSSA material only within the terms of their partner agreement or written authorisation.
Clause 20Modifications & Amendments
The client may request changes to a booking in writing. Amendments are subject to supplier availability, supplier amendment fees, repricing, exchange-rate movement, TSSA administration fees, and operational feasibility.
TSSA may amend itineraries where necessary for safety, operational, weather, supplier or force majeure reasons. Any material amendment will be communicated to the client as soon as reasonably possible. Verbal amendments are not binding unless confirmed in writing by TSSA.
Clause 21B2B Agents, Trade Partners & Group Organisers
Where a booking is made by an agent, trade partner, group organiser or representative, that person warrants that they have authority to bind the travellers to these Terms & Conditions.
The agent or organiser is responsible for communicating all material terms, supplier conditions, cancellation policies, documentation requirements and risk notices to the travellers. The agent or organiser remains liable for payment unless otherwise agreed in writing.
TSSA is not responsible for misrepresentations, omissions or incorrect information given by an agent or organiser to the traveller. Commission, net rates, markups and B2B payment terms must be agreed in writing.
Clause 22Confidentiality
Pricing, supplier details, net rates, commission structures, commercial terms, trade arrangements and internal documents supplied by TSSA are confidential unless clearly marked for public use.
B2B partners may not disclose confidential supplier rates, net pricing, internal markups or commercial arrangements to clients or third parties without written permission. This clause survives cancellation or completion of the booking.
Clause 23Marketing, Images & Reviews
TSSA may request feedback, testimonials or reviews after travel. TSSA will not publish a client's private personal details without consent.
If the client shares images, videos, reviews or testimonials with TSSA and gives permission for use, TSSA may use them for marketing purposes subject to applicable law and the scope of consent. Clients may withdraw consent for future use by written notice, but this does not affect lawful prior use.
Clause 24Safety, Security & Local Conditions
TSSA will take reasonable care in planning routes, suppliers and services. The client must follow reasonable safety guidance from TSSA, guides, drivers, accommodation providers, park authorities, activity operators and official authorities.
TSSA is not responsible for losses arising from a client's failure to follow safety guidance. The client should avoid unnecessary display of valuables, use safe transport, follow guide instructions, keep emergency contacts available and exercise ordinary travel caution. Wildlife, ocean, mountain, road, weather, urban and rural environments may carry risks. These risks must be taken seriously.
Clause 25Severability
If any clause of these Terms & Conditions is found invalid, unlawful or unenforceable, the remaining clauses remain valid and enforceable. The invalid clause will be interpreted or amended to the minimum extent necessary to make it lawful and commercially effective, where permitted by law.
Clause 26No Waiver
A failure by TSSA to enforce any right or provision does not constitute a waiver of that right or provision. Any waiver must be in writing and applies only to the specific matter for which it is given.
Clause 27Entire Agreement
These Terms & Conditions, together with the quotation, invoice, itinerary, booking confirmation, supplier terms and any written special conditions, constitute the agreement between the parties.
If there is a conflict between documents, the following order applies unless otherwise stated:
- special written conditions agreed by TSSA;
- supplier terms for the relevant service;
- TSSA invoice and booking confirmation;
- TSSA quotation or itinerary;
- these Terms & Conditions.
Clause 28Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the competent courts of South Africa.
Unless otherwise required by law, legal proceedings may be instituted in a court with jurisdiction in the Western Cape, South Africa. Nothing in this clause prevents a consumer from using any statutory complaint or dispute-resolution mechanism available under South African law.
Clause 29Acceptance of Terms
The client accepts these Terms & Conditions by any of the following actions:
- requesting TSSA to proceed with a booking;
- paying a deposit or full amount;
- accepting a quotation;
- signing a booking form;
- confirming acceptance by email, WhatsApp or other written communication;
- using any service arranged by TSSA.
The person accepting these Terms & Conditions warrants that they are authorised to do so on behalf of all travellers included in the booking.
Clause 30Signature & Acceptance Block
For physical signature where required, the following block applies:
★ ReviewLegal Review Checklist
Before publishing or relying on this document commercially, instruct a qualified South African attorney to review and confirm:
- Whether the "agent, not principal" clause is strong enough for TSSA's actual operating model.
- Whether cancellation clauses align with CPA section 17 and supplier cancellation policies.
- Whether limitation-of-liability clauses comply with CPA section 49 notice requirements.
- Whether adventure / safari / aviation risk wording needs a separate indemnity.
- Whether POPIA clauses align with TSSA's actual systems, cloud storage, WhatsApp use and CRM.
- Whether B2B partner commission and confidentiality clauses should be separated into a trade agreement.
- Whether card / payment-link surcharge wording complies with payment provider rules.
- Whether jurisdiction wording is suitable for international clients and B2B partners.
- Whether the document should be split into: Client Terms · B2B Terms · Supplier Terms · Website Terms.
Recommended approach: Use this as the master client-facing foundation, then create separate documents for B2B partners, suppliers, website / privacy, and high-risk activity indemnities.
Annex AActivity-Specific Terms
The following terms apply to individual activities and experiences in addition to — never in place of — the company terms above. Where a supplier's own cancellation, age, weight, health or weather policy is stricter, that stricter policy applies (see Clause 8). Each activity links here from its listing.
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