Terms and Conditions of Use
The Fomotravel Website is currently in its beta phase, which means that there may be several undiscovered 'bugs' so we can't guarantee the full functionality of the Website all the time. We would like to enthusiastically thank you for being a part of Fomotravel's beta testing process, and encourage you to send any feedback (good or bad) to [firstname.lastname@example.org]
1. APPLICATION AND BINDING EFFECT OF THESE TERMS
By accessing or using the Website of Fomotravel Proprietary limited (“Fomotravel”) located at www.fomo.travel (the "Website"), you agree that these terms and conditions ("Terms") govern your use of the Website, and by formally accepting these Terms where indicated (to sign up as a website user or make a reservation, for example), you further agree that you have read, understood and agreed to these Terms. The Terms shall apply to your use of all services offered or rendered to you through the Website by Fomotravel and/or any tour operators or travel agents ("Third Party Providers") advertising their travel packages and other travel and tour services ("Travel Services") through the Website.
These Terms are legally binding and enforceable against all persons that make use of the Website and/or Travel Services, as updated or amended from time to time. You will be bound by any new or amended version of the Terms each time you visit the Website. You accept the responsibility to reconsider these Terms each time you use the Website to browse or purchase a Travel Service.
The specific terms to a Travel Service that you book through our Website will need to be read and understood together with the Terms. If there is a conflict between our Terms and the specific terms applicable to that particular Travel Service, the specific terms of the Travel Service will apply. It is your responsibility to carefully check the specific terms applicable to the particular Travel Service that you purchase (such as product description, cancellation fee and payment plan details), before e-signing your acceptance of the Travel Service.
2. SCOPE OF OUR SERVICES
Fomotravel provides an online platform through which Third Party Providers advertise their tour and travel packages on the Website in order for visitors to the Website to reserve these Travel Services. Once you have booked a Travel Service, we only act as the intermediary between you and your chosen Third Party Provider.
Fomotravel offers a 'book now, pay later' functionality to pay for your Travel Services over a period of time. As an intermediary between you and the Third Party Provider, we provide a payment portal through the Website for you to deposit the agreed instalment for your purchased Travel Services. Additional conditions to a payment plan are unique to each Travel Service and it is your responsibility to read these additional conditions.
3. RELATIONSHIP BETWEEN YOU AND THE THIRD PARTY PROVIDER
There is no employment relationship between any Third Party Provider and Fomotravel. When you reserve any Travel Service through the Website, you enter into a direct and legally binding contract with the Third Party Provider advertising those Travel Services, including but not limited to any terms and conditions of the Third Party Provider.
The information on the Website is provided to Fomotravel by our Third Party Providers, who are responsible for updating all rates, availability and other information displayed on the Website. We take every precaution to contract with reliable Third Party Providers, however we cannot guarantee that all information on the Website will be accurate, complete and correct – this is the sole responsibility of the Third Party Provider. All information on the Website is by nature general and you are responsible for, including without limitation, booking the correct Travel Services, considering the terms and conditions of a Travel Service offered by our Third Party Providers before purchasing, compliance for visas, passport regulations, travel insurance and health requirements.
On the rare occasion, a Third Party Provider may need to modify, replace or discontinue a Travel Service without prior notice to you (except where otherwise expressly agreed). Therefore, reliance on product descriptions, opinions, advice or any other information gained from the Travel Services by the Third Party Provider through the Website is done entirely at your own risk.
Any questions or concerns regarding the content of your purchased Travel Service needs to be directly communicated with the Third Party Providers.
4. TRAVEL SERVICE PAYMENT TERMS
Certain Travel Services on our Website offer you the opportunity to pay using a payment plan, which payments need to be paid in accordance to the Travel Service thereof. Each monetary instalment of your payment plan is held by Fomotravel merchant account for the sole purpose of transferring the full payment to your chosen Third Party Provider prior to your departure. You will not be able to earn any interest on any money held by Fomotravel.
The price for any Travel Service will be the price stipulated on the Website at the time of booking the Travel Service. Any instalment you pay is inclusive of VAT, unless otherwise expressly stated.
Each Travel Service will require a deposit, the percentage of which is dependent upon the specific Travel Service and the Third Party Provider. The deposit amount will reflect in your chosen payment plan, and must be paid immediately to reserve your Travel Service. Unless otherwise stated when reserving a specific Travel Service, the full purchase price for the Travel Service purchased must be fully paid 30 days prior to departure ("Final Payment Date"). When a third party contributes to your Travel Service via our Website, the amount will be set off against the total amount owing on your Travel Service.
Fomotravel facilitates the secure payment of your monthly instalment through a direct debit order into Fomotravel’s South African bank account, which automatically deducts the instalment amount from your bank account. There is a 2.9% transactional fee on each instalment amount paid by you or a third party contributor to Fomotravel.
In the event of a third party contribution, late or non-payment of an instalment due under a payment plan, you agree that Fomotravel has the right to vary the instalment amount on the debit order without your further consent to ensure that the full payment for the Third Party Provider's Travel Services is received by the Final Payment Date. There will be no interest accrued on outstanding instalments.
In the event full payment is not received by the Final Payment Date as listed for your purchased Travel Service, Fomotravel will cancel your reservation and you will be refunded your payment subject to any cancellation fees as described below.
If you require any variation of the payment terms, it must be agreed in writing between you and Fomotravel. Variation of the frequency of your payment instalment may incur further costs and you will be required to pay these. Fomotravel will attend to communicate these costs to you prior to effecting any payment plan variation.
Save for termination of this agreement and the Travel Service, under no circumstance will you be able to withdraw any instalment, deposit or part thereof from Fomotravel.
5. REGISTRATION AND LOGIN DETAILS
Your right to access and use the service is personal to you and is not transferable by you to any other person or entity. By entering your personal information on the Website, Fomotravel is entitled to assume that the person using the Website is you. Do not share your log – in details with anyone, as it may be constitute a breach of the Terms.
Fomotravel may require you to submit your full name, email address, identity number and contact details upon registration for the Website. It is your responsibility to keep your personal details up to date to ensure an accurate Travel Service. By submitting your personal information and other content to Fomotravel, you are licensing that content to Fomotravel for the purpose of facilitation with Third Party Providers offering their Travel Services to you.
You accept complete responsibility for the safekeeping of your personal information insofar as security is concerned (excluding breaches of security that may originate from within Fomotravel). You must notify Fomotravel immediately if there has been any breach or suspicion of a breach of security or confidentiality.
Fomotravel retains the right to, at any reasonable time prior to your departure date and in a form satisfactory to Fomotravel, request documentary evidence establishing and/or confirming your identity as the registered account holder of the Website.
You must familiarise yourself with and follow the security procedures communicated by Fomotravel from time to time as well as such other procedures that may apply to the Website. Failure on your part to follow the recommended security procedures may result in a breach of the confidentiality of your personal information and may lead to unauthorised access to your account and information.
In the event that you are a business, you must ensure that only authorised employees have access to and are allowed to use the Website with your secure login details. Fomotravel is not responsible for any action of those individual(s) (whether authorised or not) when they interact with our Website.
Use of the Travel Services are available through a variety of compatible devices connected to the internet, including but not limited to, mobile phones and tablet computers. You agree that you are solely responsible for obtaining these devices and for connecting them to the internet, including any applicable bandwidth or other telecommunications charges. You will be solely responsible for maintaining these devices and any software required to operate them.
6. TERMINATION AND CANCELLATION FEES
Fomotravel reserves the right to cancel your purchase of a Travel Service if you breach any of the Terms, or for any other reason, provided that Fomotravel gives reasonable notice to you with written reasons for the cancellation. In the event you have not logged in to your account for more than one calendar year, Fomotravel will consider your account inactive. If you wish to terminate this agreement with Fomotravel, you may do so by deregistering your account with the Website and discontinuing use of the Website.
In the event of cancellation, Fomotravel will arrange to reimburse any refundable amounts to the holder of the Fomotravel account. Fomotravel does not undertake to distribute any monies to any person who contributed to a Fomotravel account.
Conditional upon your specific Travel Service and the Third Party Provider’s cancellation policy, you may be required to pay a cancellation charge. The cancellation charge will be dependent upon certain factors, including but not limited to, the terms of the payment plan, the nature of the package purchased, the charges levied by the Third Party Provider and/or the cancellation date. The cancellation charge will not be more than the reasonable costs incurred by Fomotravel, the Third Party Provider and/or the ultimate supplier (e.g. hotel or airline) as a result of such cancellation. Any cancellation fee will first be recovered from your Fomotravel account. Should the cancellation fee exceed the credit amount in your Fomotravel account, Fomotravel retains the right to recover the cancellation fee from you personally.
Fomotravel has no control over whether a Third Party Provider wishes to cancel a particular Travel Service and any cancellation charges due to the Third Party Provider is under their sole discretion. Please check the terms of your travel insurance policy should any cancellation take place.
7. NO WARRANTIES
Fomotravel acts solely as an intermediary between you and a Third Party Provider. Fomotravel provides no warranty and makes no representations as to the quality, correctness or viability of the Travel Services on offer on the Website.
Any information on the Website or in connection with Fomotravel does not serve as financial, tax, or legal advice and should not be construed as such. Fomotravel is in no way a financial institution providing the services of a financial planner, broker or tax advisor. Fomotravel merely retains your instalment amount until such time Fomotravel pays to the Third Party Provider the full payment amount due in terms of your chosen Travel Service. Any monies paid to Fomotravel is not used as security or set-off and you will not earn interest on any instalment.
Your personal financial situation is unique, and it is your responsibility, given your financial and other individual circumstances, to use any information and advice obtained on the Travel Services appropriately and responsibly.
Fomotravel makes no warranties or representations of any kind, express or implied, as to:
(a) the error free or without interruption operation of the online service or that any errors or interruptions will be corrected;
(b) the accessibility of the internet or the availability of telecommunication services from your provider;
(c) access to the Website at any time or from any location;
(d) the prompt delivery of notifications and/or alerts;
(e) proper, timeously delivered, receipt, and/or complete transmission of any information contained in an electronic communication or of the electronic communication itself; or
(f) any loss, damage, or other security intrusion of the telecommunication services or mobile device.
Fomotravel takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful access and/or monitoring from the Website. However we cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other contaminating or destructive code and no liability is accordingly accepted for any damages caused by such. Fomotravel does not give any warranty (express or implied) or make any representation that Fomotravel's online service will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
Reliance on product descriptions, opinions, advice or any other information gained from Website is done entirely at your own risk.
8. USER WARRANTY
You warrant at all times that:
(a) you are over the age of 18;v
(b) there are no legal restrictions preventing you from agreeing to these Terms;
(c) you will co-operate and provide us with any information and comply with requirements that are communicated by us from time to time, in a timely manner as requested;
(d) the information you give to us is true, correct and complete;
(e) you will not infringe on any third party rights in the course of using the services;
(f) you will inform us if you have reasonable concerns relating to the services, with the aim that we will use all reasonable efforts to resolve the concerns;
(h) you have read and agreed to these Website Terms.
Each of the warranties given by you will:
(a) be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the Terms;
(b) continue and remain in force irrespective of whether your user account on the Website is active, suspended or cancelled; and
(c) be deemed to be material.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints or investigations that may arise as a result of your use of the Website or any Travel Service, including but not limited to, disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
9. PROHIBITED CONDUCT
You may not:
(a) re-sell, deep-link, use, copy, monitor (e.g. spider scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose;
(b) use the Website for any unauthorised activities or to post or transmit any material from the Website unless you hold all necessary rights, licenses and consents to do so;
(c) use the Website for any activities that infringe intellectual property of Fomotravel or other rights of any person;
(d) use the Website to breach any applicable law or regulation;
(e) threaten, harass, defame, menace, offend or restrict any person in any way relating to the Website or Travel Services;
(f) use the Website in a manner that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, racist, sexist, discriminatory, in breach of confidence or in breach of privacy;
(g) use the Website in a manner that would bring Fomotravel, or the Website, into disrepute;
(h) use the Website to send unsolicited electronic messages;
(i) use the Website to tamper with, hinder or modify the Website, knowingly transmit viruses or other disabling features, or damage or interfere with the Website, including but not limited to, the use of Trojan horses, viruses or piracy or programming routines that may damage or interfere with the Website; or
(j) facilitate or assist another person to do any of the above acts.
Fomotravel reserves the right to hold a user liable for any losses suffered by Fomotravel due to any form of so-called cybercrime committed and/or facilitated by you on the Website.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all right, title and interest in, and to, any intellectual property of Fomotravel including, but not limited to, any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the Website or the services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software, is proprietary to Fomotravel and will remain vested in Fomotravel under all circumstances. This includes intellectual property displayed on the Website that is owned by Fomotravel, but excludes the intellectual property that are proprietary to the Third Party Providers advertising on the Website.
You agree that you will not at any time or under any circumstances acquire any rights of any nature in and to the intellectual property of Fomotravel.
11. EXCLUSION OF COMPETITORS
You are prohibited from using our Website, including the information of Fomotravel, in any way that competes with our business. If you breach this term, Fomotravel will hold you responsible for any loss sustained, and for any profits that you may make from non-permitted use. Fomotravel reserves the right to exclude any person from using our Website in its sole discretion.
12. USE OF PERSONAL INFORMATION
Fomotravel collects, collates, processes, exports and uses the following types of information about you when you use the Website:
(a) Information provided by you. Fomotravel collects personal information (that is information about you that is personally identifiable like your name, address, e-mail address, phone number(s) and other unique information such as your ID and passwords), billing and transaction information, product and service preferences and contact preference that are not otherwise publicly available). Fomotravel verifies your name and email address when you complete the registration process; and
(b) Information that is collected automatically. Fomotravel receives and stores information which is transmitted automatically from your computer when you browse the internet. The information includes cookies, your Internet Protocol (“IP”) address, browser type, web beacons, embedded web links and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website. Fomotravel may also use some of these automatic data collection tools in connection with certain emails sent from Fomotravel and therefore may collect information using these tools when you one the email or click on a link contain in the email.
Fomotravel may link information stored in cookies such as you age, gender and country with your personally identifiable information and it may use such information to gather statistics about the number of people who visit the Website and to customize the Website’s content, layout and services for delivery to you.
Fomotravel may use and disclose your information in the following manner:
(a) display your personal information contained in your profile.
(b) use your email address to contact you from time to time relating to promotions and offers, and may also use it for security reasons to confirm that you are who you say you are.
(c) Fomotravel agrees not to use your provided electronic address in any manner that you do not consent to nor alert any other parties of users’ address without your consent.
(d) you have the right to opt out of receiving electronic mail communication by following the directions posted on every electronic mail communication.
(e) use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services. Fomotravel may share this information with Third Party Providers to help it improve and better serve you.
(f) advertisements may be delivered to you by Fomotravel’s advertising partners. Fomotravel may transfer information about your use of the Website, such as your IP address and information stored via cookies to its advertising partners and other third parties. This information may be used to provide advertising, promotions or other products and services that may be of particular interest to you.
(g) Fomotravel’s advertising partners may set and access cookies or use other technologies such as web beacons in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. Fomotravel uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with its own privacy standards as set out in herein.
(h) Fomotravel will disclose your personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Fomotravel or the public. Fomotravel may also co-operate with law enforcement in any official investigation and it may disclose your personally identifiable information to the relevant agency or authority in doing so.
(j) Circumstances may arise where, whether for strategic or other business reasons, Fomotravel decides to sell, buy, merge or otherwise reorganise its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Fomotravel’s practice to seek reasonable protection for information in these types of transactions.
Fomotravel strives to keep your personal information accurately recorded and provides you with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Fomotravel also takes reasonable steps to verify your identity, such as requiring a password and ID, before granting access to your data. To view and change the personal information that you directly provided to Fomotravel, you can utilise the [insert tab] function on the Website. You are entitled to request access to any relevant personal data held by Fomotravel as laid out in the Promotion of Access to Information Act 2 of 2000 and where such access is necessary for you to exercise and/or protect any of your rights.
In accordance with the Protection of Personal Information Act 4 of 2013, you may request Fomotravel to review the personal information which it holds and may request for Fomotravel to delete such information..
For any questions or concerns about this clause and your personal information, please contact us on 0842857777 or email@example.com .
13. LICENSE GRANTED
Permission is granted by Fomotravel to temporarily download and print the content of the Website provided that such use is for private, personal and/or non-commercial purposes only. This is the grant of a license, not a transfer of title and you may not (whether alone or in conjunction with any third party):
(a) alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Website, including its security features;
(b) infect the Website with any software, malware or code that may damage, delay or impede the operation of the Website or which may intercept, alter or interfere with any data generated by or received through the Website; or
(c) allow any third party to use your username and password in any manner other than as permitted by these Terms.
This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Content from the Website may not be used or exploited for any commercial or non-private purposes without the prior written consent of Fomotravel.
All licences and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Fomotravel at any time without prior notice.
14. WEB LINKS AND THIRD-PARTY SITES
The fact that a Travel Service or hyperlink to a third party website is on our Website does not constitute a recommendation or endorsement of any particular tour or travel package, website, their product, business or security practise and/or any association with its operators, except where expressly stated otherwise.
Fomotravel does monitor customer feedback and takes all reasonable efforts to ensure that all Travel Services listed are of high quality. However, Fomotravel accepts no responsibility or liability for the privacy of your personal information you gave to any Third Party Provider, as it is beyond Fomotravel's control.
You access those websites and use their products and services solely at your own risk.
15. INDEMNITY AND LIMITATIONS OF LIABILITY
Neither party will be held liable for any failure to perform any obligation to the other due to cause beyond their respective reasonable control, including but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom any party is not responsible (including telecommunications and internet service providers) or acts of government or other competent authorities.
You indemnify and hold Fomotravel harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, including direct, indirect, special or consequential damages, and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Website or Travel Services, or the use of information and/or images available on the Website, whether due to the negligence of Fomotravel or not.
You agree that, subject to applicable law, your sole and exclusive remedy for any dispute of any nature with Fomotravel in relation to your use of the Website, is to stop using the Website.
This clause will survive termination of this Agreement.
16. WAIVER OF RISK, LOSS OR DAMAGES
You agree that Fomotravel will not be liable for:
(a) any interruption, malfunction, downtime, off-line situation or other failure of the Website or online services, Fomotravel's system, databases and/or any of its components, beyond Fomotravel's reasonable control;
(b) any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of Fomotravel's system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Fomotravel's system or third party systems or programming defects;
(c) any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which Fomotravel has no direct control.
You agree that, subject to applicable law, your sole and exclusive remedy for any dispute of any nature with Fomotravel whether in relation to your use of the website, your account, the service or otherwise, is to stop using the website, your account and the services and to immediately cancel your account as prescribed.
Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
18. RECEIPT AND TRANSMISSION OF ELECTRONIC MESSAGES
Fomotravel will primarily communicate via communication over the internet (“Electronic Messages”). However, Fomotravel may communicate via Short Messaging Services (“SMS”), registered mail and telephonic communication.
The application of Part II (Communication of data messages) of Chapter 3 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) will be excluded from all interaction via electronic communication between you and Fomotravel. The following rules will thus apply:
(a) The agreement will be concluded when you make an offer to Fomotravel and Fomotravel accepts the offer which is then communicated to you. An automatic response of receipt of the Electronic Message containing your offer is not acceptance of the offer.
(b) The email address submitted by you when creating an account with Fomotravel will be the email address to which all communication between Fomotravel and you will be sent.
(c) An Electronic Message is deemed to have been received by you when you are capable of retrieving the message and by Fomotravel when Fomotravel has confirmed the receipt of the message or has responded to the message, whichever is the earliest.
(d) An Electronic Message is deemed to have been sent by you when Fomotravel is capable of accessing the message, and by Fomotravel at the time shown on the Electronic Message or on the computer system.
All agreements concluded by you through Fomotravel are not without force merely because they are in the form of a data message. The lack of any signatures will not affect the validity of such agreements.
All agreements concluded through Fomotravel in the form of data messages are deemed to be in writing and legally binding. Such agreements will always be accessible to all the parties thereto.
20. INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
(a) Site owner: Fomotravel Proprietary Limited
(b) Legal status: Fomotravel is a private company, duly incorporated in accordance with the laws of the Republic of South Africa
(c) Registration No: 2015 / 322861 / 07
(d) Director: Andrew Michael Katzwinkel
(e) Description of main business: Social Savings platfrom for travel
(f) Telephone number: 021 201 7447
(g) E-mail address: firstname.lastname@example.org
(h) Website address: www.fomo.travel
(i) Physical Address: 12 Francis Court, 10 Sir George Grey Street, Oranjezicht
(j) Postal Address: same as above
(k) Registered Address: same as above
Fomotravel may modify these Terms from time to time. Notification of any changes will be posted on the Website. The Terms will always indicate the date it was last revised. You will be deemed to have accepted and agreed to be bound by any changes to the Terms when you use the Website or the Travel Services after the changes were posted.
22. JURISDICTION AND GOVERNING LAWS
This Website is intended to be accessed only by persons located within South Africa and Fomotravel makes no representation that any information, materials or functions included in this Website are appropriate for use in any other jurisdiction. If you are unsure whether the Travel Services referred to on this Website are available to you, please email us on email@example.com .
The Terms and any matter arising from the Terms, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
For the purpose of any or all proceedings arising from your use of the Website, you consent to the jurisdiction of the Cape Town Magistrates' Court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that Fomotravel shall have the right at its sole option and discretion to institute proceedings in any other competent court, including the Western Cape High Court.
Prior to the use of external dispute resolution process, the parties agree to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms.
Please notify us in writing of any dispute you may have.
Failure or neglect by Fomotravel to enforce any of the Terms will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of the Terms, nor prejudice the rights of Fomotravel to take subsequent action.
Each of the parties choose their domicilium citandi et executandi for the purposes of the giving of any notice, the service of any process and for any other purposes arising from these Terms as being:
(a) in the case of Fomotravel, at the email and physical address set out in clause 20 above; and
(b) in your case, at the e-mail and physical address provided by you to Fomotravel in the registration process.
For all purposes in relation to the Terms, any notice required to be in writing shall include email.
These Terms constitute the whole agreement between you and Fomotravel relating to your use of the Website.
Any questions or concerns arising from these Terms or the Website should be addressed to firstname.lastname@example.org.