Hupla Group Ltd Terms & Conditions
Last Modified: August 18, 2021
Standard Terms and Conditions of Contract for Hupla Group LTD, which apply to your complete holiday package.
Hupla Group LTD incorporated in the Republic of Seychelles with registration number 210765, located at Suites 103, 106 & 107 Premier Building, Victoria, Mahe, Republic of Seychelles. External Profit Company with registration number 2019/452463/10 having its South African registered address as at 5 TurkeyBerry Lane, Hout Bay, Cape Town, 7806; having its Swiss representation at Rte de La Chaniaz, Blonay, 1807.
All services rendered by or on behalf of Hupla Group LTD (‘Hupla’ / ‘Company’ / ‘The Company’) to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below.
The following Terms and Conditions should be read and understood prior to confirming your travel. Do NOT confirm any booking unless you understand and agree with the following terms and conditions.
2. Nature of the services rendered by Hupla
Hupla renders the services of hosting an online search & booking portal, with its primary focus on the selling of cruise packages (‘the Services’) pursuant to which the general public shall:
- Have access to hupla.co,
- Be entitled to set certain travel criteria based on information gleaned from the internet,
- Request quotations and
- Be entitled to confirm bookings and place reservations relating to their travel requirements.
- Have Hupla book any of the product sold on behalf of the client.
For the avoidance of doubt, the services do not include any advisory or consultancy services, unless you choose to speak to a Hupla consultant through the Hupla.co website Live Agent or Facebook Messenger.
3. The Client and Authority of The Booking
Any person(s) wishing to utilise any of the Hupla services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the passenger information page or if a manual booking is made when the passenger's name, surname and date of birth are sent to the Hupla consultant, prior to the conclusion of any transaction with Hupla.
Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person (s) /Company person in whose name(s) the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).
Please be advised that unless requested otherwise upon making the reservation, Hupla is authorised to engage with any Passenger listed in a booking, as long as that Passenger is able to provide the reference number of the booking and the name, surname, date of birth of the lead passenger.
Hupla accepts no responsibility for any changes made by any of the listed Passengers in a booking; if the said passenger has provided the correct reference number of the booking and the name, surname, date of birth of the lead passenger
However, any financial aspect of the booking, such as refunds & payments, will always be dealt with the main contact person of the booking and no one else. Unless a written confirmation from such person delegating the responsibility to a third party is received before the refund is processed.
4. Third-Party Service Providers
Hupla provides Clients with the services either itself or acting on behalf of Principals engaged in or associated with the travel industry, such as cruise lines, hotels and/or other service providers or suppliers (collectively referred to as ‘the PRINCIPAL’).
Hupla 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 (except if such loss or damage arises from the gross negligence or wilful misconduct of Hupla or any person acting for or controlled by Hupla), 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 ticket 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.
Hupla shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal.
Please be aware that Third Party Service Providers (Cruise Lines) may charge extra for certain items such as: seating, special meal requests, printing boarding passes or amendment to an existing booking.
This is subject to change without notice to you. It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
The specific cruise line's terms and conditions may apply.
At any point during the booking process, it is the client responsibility to familiarize him/herself with the Principal’s terms and conditions applicable to the Clients cruise.
When a cruise ticket is issued, when Hupla sends the cruise ticket, the Hupla team will attach any insurance documents that cover the Clients holiday.
For any other services, please refer to the specific Principal’s terms and condition.
5. Booking Enquiries & Reservations
Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, trip and/or other service on Hupla’s website or (ii) initiated such an enquiry with Hupla 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, Facebook Messenger, Live Agent, Whatsapp, SMS or telephonically) (‘the Quote’).
THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites. When an enquiry is done telephonically or via email, the quote is considered accepted when the client provides the name, surname and date of birth of all passengers travelling as part of the enquiry.
IN THE CASE OF CRUISE TICKETS, the Booking Confirmation is in the normal course only open for acceptance for a period of 24 hours (twenty-four) hours or until the booking option date and time is reached (‘Purchase Period’), whichever occurs first. The option date will be included in the Booking Confirmation that is sent to the Client.
Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). When Deposit is paid, the Booking will be on Option until the Payment is reflected in Hupla’s bank account.
Once the online Booking or Booking effected by Hupla has been completed and the Client has authorized Hupla to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Provisional Booking Confirmation Form’).
6. Destination Selection
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 Hupla has no control over information compiled by the Principal.
Accordingly, HUPLA 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. In addition to the above, Hupla cannot be held liable for incorrect availability being displayed by the Principal and we cannot be held liable if the cabins selected are not available.
7. Payment and Payment Terms
The Payment is due immediately by Visa or Master Card, SID instant EFT payments, Electronic Funds Transfer, Cash Deposit at a retail store, whichever is applicable, and must reflect in the bank account of Hupla within 24 hours from the day that the Booking was made.
For bookings that are made within 75 days of the date of departure, the funds must reflect in the bank account of Hupla immediately in order to confirm the booking.
Hupla accepts no charges for Foreign Exchange payments made to confirm the Booking. All charges must be for the client’s own account. Any shared charges or charges that are incurred by Hupla accepting Foreign Exchange payments will be added to the total payable by the Client.
Hupla accepts no charges for Cash payments made directly into Hupla's bank account, to confirm the Booking. All charges must be for the client’s own account. Any shared charges or charges that are incurred by Hupla accepting Cash payments will be added to the total payable by the Client. - This excludes any cash payment through a partner retail store where no additional charge will be added to the client.
If the Payment is not received as stated above, Hupla or the Principal involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING. For any refunds on the cancel booking, please refer to the refund section of this policy.
In the event that the Payment was made after the aforementioned deadline, and should Hupla inform the Client by means of a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the CLIENT WILL BE LIABLE for any difference between the original Quote and such higher price, and the revised Payment must reflect in the bank account of Hupla before the deadline stipulated in the revised Quote in order to secure the Booking.
Hupla is a Seychelles company and for all transactions that are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. Hupla shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant or bank pursuant to the confirmation of a Booking. Hupla does not offer credit, unless otherwise agreed.
Quotes are provided at the ruling daily exchange rate. Until the Payment has reflected into Hupla’s bank account, we RESERVE 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.
Cruise Fares are subject to the price and conditions quoted by the cruise line. However, once Payment has been received, the Quote is guaranteed, PROVIDED THAT the payment was made within the payment deadline specified.
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 Hupla will be entitled to retain 10% of the value of the total cancellation as service fees.
Hupla accepts no liability for bookings that have been cancelled because no payment has been forthcoming.
9. Travel Destinations
When booking an international travel reservation through the Site or plan international trips using the Site, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order, as well as any medical certificates or vaccinations required by the country(ies) being visited.
Even if we have blog posts / articles / webpages dedicated to travel requirements, please consult the relevant consulate or embassy for recent information. Because requirements may change at any time, the onus remains on the Client to check for up-to-date information before booking and departure.
Hupla accepts no liability for travellers who are denied travelling or boarding on any cruise, flight, transport or any other mean of travel, or entry into any country because of the traveller’s failure to carry the travel documents required by the authority, country, cruise line or airline, including countries the traveller may just be passing through en route to his or her destination.
It is also the traveller’s responsibility to consult his / her physician for recommendations on inoculations before the travel, locally or internationally. And to ensure that the traveller meets all health entry requirements and follow all medical guidance related to the trip.
If a traveller is pregnant, before booking your travel, it is important to advise your gynaecologist of your travel plans and get guidance you may need. Some airlines and cruise lines have restrictions from the 20th week onwards (calculated on the expected date of delivery). A health and medical declaration may be requested, stating both the number of weeks into the pregnancy, the expected due date and that there are no complications. You MUST contact Hupla and/or the Principal for directive when booking a trip while pregnant. Hupla accepts no liability for travellers who are denied travelling by any countries or Principals due to pregnancy.
10. Service Fee
These fees cover the costs incurred by Hupla in booking and servicing your travel reservation. We also reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests, changes to your booking or refund submission.
Please be advised that service fees are NON-REFUNDABLE in case of any type of cancellation by the client.
11. Amendment Fees
An amendment fee of R 400.- per cabin may be levied for any changes to the confirmed itinerary, ticket, name change or booking.
Hupla’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.
12. Hupla’s Indemnity
The proposed travel arrangements are made on the EXPRESS CONDITION that Hupla, 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 wilful misconduct of Hupla or any person acting for or controlled by Hupla, in which case such claim shall be lodged in writing with Hupla within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to R5 000 per Client or any passenger under the same Hupla Booking number (travelling together).
The CLIENT INDEMNIFIES AND HOLDS HARMLESS Hupla or any person acting for or controlled by Hupla accordingly.
13. Travel Insurance
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list).
Hupla will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon Hupla 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 Hupla 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.
Hupla 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 Hupla’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 for the Client’s requirements.
14. Travel Documents
Documents (for example booking confirmations, itineraries, tickets etc.) shall only be prepared and released to the Client on receipt of the Full Payment and all the documents/information requested by the Principal to release such Documents (ie emergency contact number, online booking form, web check-in, passport number etc.)
Neither the Principal nor Hupla guarantees that any additional Service will be part of the final Documents if it has been booked and paid for less than four days before departure of the trip.
MSC Cruises: Web Checkin guide
15. Name Change Requests
Upon confirming your booking, we advise you to CHECK THE SPELLING OF YOUR NAME and ensure that it is as per your passport/identity document. You may not use nicknames or shortened versions of names for your booking.
Should your name or surname not match your passport/identity document, The Principal may not allow you to travel. Should you require a name change, and should it be permissible, The Principal may apply penalties.
Please note that some Principals do not allow name changes for any reason whatsoever and may require you to buy a completely new ticket. Hupla accepts no liability in this regard.
As stated in the Amendment Fees section, Hupla will charge an amendment fee of R300.- for any name change request in addition to the charge from The Principal.
16. Passports, Visas & Health
It is THE CLIENT SOLE 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 for their destination and any transit countries before travelling.
Before booking any flights, it is important to check if a transit visa will be required. As this differs between countries and which passport you are holding. It is always best to check with the embassy of the transiting country.
For example, if you are the holder of a South African passport and are travelling on British Airways to Madrid via London you may require a transit visa.
Hupla will endeavour to assist the Client if requested, but such assistance will be at Hupla’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, Hupla IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES HUPLA 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
17. Warning: Malaria, Chagas disease and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria, Chagas disease other tropical diseases such as yellow fever.
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 and hence, we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure. Check ‘The World Health Organization’ fact sheets for more information.
In the event of the Client cancelling the Booking, Hupla shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and Claims reasonable damages suffered by Hupla, provided that Hupla shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the booking or reservation due to the death of the Client.
In the unfortunate cases of the death of the Client, the Principal and/or Hupla might ask for supporting documents to waive the claim.
The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment (less Hupla’s service fee) will be refunded by the Principal to the Client (through Hupla) without any further obligation on the part of Hupla.
Hupla will CHARGE 15% (but a minimum of R700,-) of the VALUE OF THE BOOKING as handling fees for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Terms & Conditions.
Principals may charge cancellation fees over and above the cancellation fees charged by Hupla in terms of this Condition.
For bookings made in the Republic of South Africa, subject to the Consumer Protection Act (“CPA”), if as a result of direct marketing (as defined in the CPA), the Passenger purchases a Cruise Ticket, the Passenger is entitled to cancel the Cruise booking (without reason or penalty) within 5 (five) business days, after the date on which the Deposit was paid, by giving The Principal a written notice of cancellation. If the client wants to give Hupla the written notice of cancellation, this written notice has to be issued within 4 (four) business days to allow Hupla to inform The Principal.
Pursuant to Section 6A(12) of the CPA (Cancellation of Transaction) Regulations, the aforesaid shall not apply to accommodation, cruises, travel, vacation, and recreation services that are fully provided outside South Africa, including cruises departing from South Africa, connection flights departing from South Africa provided by another airline than the one doing the South Africa – International leg, and Tour Packages outside of South Africa.
For the avoidance of doubt; if the Principal cancels a cruise, based on bad weather, Government policy changes, technical issues with the ship or any other type of cancellation,
and the Principal offers an alternative cruise option, in the form of a cruise move or a future cruise voucher, any refund request from the Client will be deemed a cancellation as per clause 18.
In the event that a Client doesn't want to comply with any updated Health & Safety Protocols (update made within 72 hours of the time of departure), enforced by the Principal, any refund request from the Client will be deemed a cancellation as per clause 18
19. Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the final itinerary caused by cruise re-scheduling, cruise delays, bad weather, strikes or any other cause which is beyond the control of Hupla, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL, ACCOMMODATION, FLIGHTS ETC.) WILL BE FOR THE CLIENT’S ACCOUNT.
The Client should confirm whether any of these expenses may be covered by travel insurance, should this be applicable. It is the Client’s responsibility to confirm the specific provisions of the travel insurance.
20. Itinerary Variations
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 or in case of emergencies e.g. in some cases, weather conditions, mechanical problems, duty to assist ships in distress, instruction of the Ports and other authorities relating to departure and/or arrival and /or stoppages, the availability of Port facilities, and other factors which may be beyond the Principal’s control, can necessitate an alteration in the itinerary or even missing a port of call.
The Principal does not guarantee that the cruise ship will be able to depart the port of embarkation on or at the scheduled date or time, or at all; and/or call or stop at the Ports at which it is scheduled to call or stop; and/or that the client will be able to go ashore on a planned shore excursion during the scheduled Travel Itinerary.
The Principal may change the Travel Route and/or Ports at which the Cruise ship calls or stops if the master of the cruise ship considers it is necessary to do so for any of the reasons set out above.
If for any reason the Cruise Ship is unable to sail the Itinerary, the Principal may transfer you to another ship or to any other mode of transport bound for the destination of your Cruise.
If the Port from which you are scheduled to board the Cruise Ship is changed by the Principal, the Principal may at its cost arrange for you to be transported to the Port at which you are required to board the Cruise Ship.
Any such variations in the final itinerary do not constitute any reason for a refund and Hupla shall NOT BE HELD LIABLE for any such variations.
Neither Hupla nor the Principal is liable for any loss or damages which the Client may suffer for any reasons beyond the Principal’s control:
- the client has to board the Cruise Ship at a different Port;
- the time or date on which the Cruise Ship is scheduled to leave a Port is delayed or if it is unable to depart a Port at all for reasons beyond its control and is obliged to remain moored alongside a berth or at anchor;
- the Cruise Ship is unable to stop at a scheduled Port or anchor or stop to permit the client to go on a scheduled shore excursion (booked through Hupla, the Principal or any other provider) or other excursion, or once stopped at a Port, the client is unable to go ashore;
- the Cruise Ship is substituted by another ship or mode of transport; and/or
- the time or date, on which the Cruise Ship is scheduled to land at the final port of destination, is delayed.
Hupla highly recommends the client arrives the day before the departure of the cruise and leave the port a day after to avoid the above complications.
IT IS THE CLIENT’S RESPONSIBILITY to check each amendment to the itinerary.
21. Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South Africa courts will govern the relationship between the Client and Hupla.
22. Special Requests
Clients who have special requests must specify such requests in writing to Hupla at least 5 days before any trip booked through Hupla.
Whilst Hupla will use its best endeavours to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.
23. 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 Hupla.
By purchasing a cruise ticket through Hupla, the Client acknowledges and agrees that in the event of a cancellation, THE PRINCIPAL may/will RETAIN THE FULL DEPOSIT or may recover the full or a proportion of the Cruise Fare payable, in order to reimburse THE PRINCIPAL for its loss of income/revenue, for damages and out of pocket expenses arising from or pursuant to the cancellation.
Any refunds referred to in these Terms & Conditions shall exclude such retained portion or the Full Deposit and any Service, Amendment or Cancellation fees as per section 12 & 13 of this document.
Hupla will charge a fee of 15% of the total value of the booking (or a minimum of R700), for processing a request for a refund. Principals may charge refund fees above those stated here.
Once we have established the possible refund you are entitled to, Hupla will request it from THE PRINCIPAL on your behalf.
This takes normally from 6 to 8 weeks, however, we have seen it take up to 6 months, depending on THE PRINCIPAL.
Hupla will not be liable for any refund to the client if the said refund has not been paid to Hupla by THE PRINCIPAL.
THE PRINCIPAL will refund Hupla and we’ll refund in the same way as the Client has done their payment.
Any refund that is denominated in foreign currency by the Principal, will be carried out at the official exchange rate on the day the credit is executed.
25. Foreign Exchange Regulation Compliance
For countries that are subject to Foreign Exchange Regulation Compliance, it is EXCLUSIVELY THE CLIENT’S RESPONSIBILITY that such compliance is reached.
This will apply especially when the Client instructs Hupla to make and pay for travel arrangements on the internet.
26. E-ticketing: Documents Required for Traveling
It is the CLIENT’S EXCLUSIVE RESPONSIBILITY to ensure that he/she is in possession of all relevant travel documents prior to commencing with his/her 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 PRINCIPAL concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation.
Certain PRINCIPALS require the physical credit card used to make payment, to be presented at check-in or a copy of the credit card and the card-holders ID, in addition to the above-mentioned documents.
The requirement to have a valid passport or identity document and/or the correct documents for the children apply to all members of a travelling party and for each minor travelling (including infants).
It is the client’s responsibility to make sure that the online check-in/booking form and all information needed for the successful issuing of the ticket have been updated in a timely manner, in accordance with THE PRINCIPAL’s terms and conditions.
Hupla accepts no liability for travellers who have their trip cancelled by the PRINCIPAL due to the failure of providing such information (ie Passport number, emergency contact detail, agreeing with the Principal’s terms and conditions etc) in the time given by the PRINCIPAL’s terms and conditions.
Most PRINCIPALS will not issue a ticket without having the client update and complete their information online or through a booking form.
27. Internet Bookings
If the Client requests or instructs Hupla to effect bookings via the internet, the Client IRREVOCABLY AUTHORIZES Hupla to do the following on its behalf (1) make any selections of and for the proposed travel arrangements (2) inform the Client of the prices attached to the proposed travel arrangements PRIOR TO CONFIRMING the booking and (3) make payment for such booking and ancillary services.
28. Legal Fees
In the event that Hupla has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Hupla is successful in the enforcement of such rights, 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 the court, Hupla undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
30. Confirmation of Travel Arrangements
It is advisable that all onward travel arrangements be RECONFIRMED BY THE CLIENT 72 (seventy-two) hours prior to departure with HUPLA or THE PRINCIPAL.
General Terms and Conditions for Online Bookings
31. Bookings Online
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 Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail.
32. Intellectual Property
The Site is owned by Hupla Group Ltd and the domain names are registered in the name of Hupla. All intellectual property rights in and to the aforementioned vests in Hupla. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Hupla.
33. Copyright and Trademark Notices
All contents of the Sites are registered to: Hupla Group Ltd, Suites 106 Premier Building, Victoria, Mahe, Republic of Seychelles.
Hupla Group Ltd, the logo and icons are trademarks (whether registered or unregistered) of Hupla.
All rights in and to any copyright or registered or unregistered trademarks of Hupla remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.
34. Changes & Modifications of these Terms and Conditions
Hupla may make future changes, deletions or modifications to the Online 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 Hupla 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 Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.
35. Access and Use
The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms.
By clicking “continue” on the Passenger sign-up page, prior to any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.
Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. Hupla 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.
36. Personal and non-commercial 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 and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Hupla 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 Hupla;
- 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, at the discretion of Hupla, an unreasonable or disproportionately large load on the Travel 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 Hupla.
37. Liability Disclaimer
The information, software, products, and services published on the Sites may include inaccuracies or typographical errors.
In particular, Hupla DOES NOT GUARANTEE THE ACCURACY of any of the travel products displayed on the Site (including, without limitation, photographs, lists of cruise/hotels/lodges amenities, general product descriptions, etc.), much of which information is provided by the respective Principals.
Hupla DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions.
Cruise / Hotel / Lodge ratings displayed on the Sites are intended as only general guidelines, and Hupla DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.
If any information seems inaccurate, please contact email@example.com to help correct the accuracy of the product displayed on the Site.
Hupla 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’.
Hupla 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 Hupla.
For the avoidance of doubt, the services rendered by Hupla do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.
The Travel 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 Hupla or its affiliates.
Affiliates include websites which click-through to the Hupla.co Website. Hupla 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.
Hupla 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 Hupla 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 Hupla 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
38. Travel Destinations
By offering travel for sale to particular international destinations on the Sites, Hupla 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 Hupla 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 [in excess of the liability described above]; 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 The Republic of South Africa law.
40. 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 Hupla 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.
Hupla’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators.
Hupla 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 Hupla 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.
41. Applicable Law
Please note that the use of this Website is subject to the STC and specifically subject to The Republic of South Africa law and the jurisdiction of The Republic of South Africa 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 Hupla as a result of this agreement or use of the Sites.
Hupla’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hupla’s 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 Hupla 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 Hupla with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Hupla with respect to the Sites.
Any rights not expressly granted to Hupla herein remain reserved.
43. Communication from Sites
By making a booking on any Hupla platform, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any bookings will continue to be sent.
44. Entire Contract
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 Hupla or otherwise that is not included herein.
Last Modified: February 17, 2021
Hupla.co is an internet-based tourism trade website for cruises and other tourism products (hereinafter: "Site)
Use of the Hupla Booking System Service is governed by our Customer Terms and Conditions.
Hupla cannot be held responsible for any problems and/or malfunctions arising from the computer, online system, server or the Internet Access Provider.
1. Permitted Use of The Site
The use of this site, which is free, is solely for commercial and informative purposes.
2. Prohibited Use of The Site
The user acknowledges that the use of the site will be undertaken in accordance with existing rules and regulations. And agree that he/she will not:
- Use the Site or its contents for any commercial purpose;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Hupla servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any Hupla website or interferes with any other party's use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page.
- Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by Hupla for use in accessing the Site;
- Not to sell the access and/or the right to use the present site, including any material contained in the same;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
- Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
3. Copyrights and Trademarks
The Site is based upon proprietary Hupla technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws.
The Site, including all intellectual property rights in the Site, belongs to and is the property of Hupla or its licensors (if any). Hupla owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means.
The Hupla logos and other marks used by Hupla from time to time are trademarks and the property of Hupla. The appearance, layout, colour scheme, and design of the Hupla.co site are protected trade dress. Customer does not receive any right or license to use the foregoing. Hupla may use and incorporate into the Site or the Hupla Service any suggestions or other feedback you provide, without payment or condition.
Notifications of claimed copyright infringement on the Site or the Service should be sent to Hupla's designated Copyright Agent at: firstname.lastname@example.org
4. Information and Materials Provided or Posted by Third Parties
You, as an individual or a Principal (as referred into our Terms and Conditions), represent that you have all right, title, and interest to materials you post on the Site or provide to Hupla ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
5. Links to Third-Party Web Sites
Links on the Site to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Hupla of the third party, the third-party web site, or the information there.
In the case, Hupla has a link to your website and you would like it removed, please contact us at email@example.com.
Last Modified: January 17, 2021
Thank you for choosing to be part of our community at Hupla Group Ltd, doing business as Hupla (“Hupla”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at firstname.lastname@example.org.
Table of Contents:
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
8. HOW LONG DO WE KEEP YOUR INFORMATION?
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
10. WHAT ARE YOUR PRIVACY RIGHTS?
11. DATA BREACH
12. CONTROLS FOR DO-NOT-TRACK FEATURES
13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
14. DO WE MAKE UPDATES TO THIS POLICY?
15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Alex Schwager, by email at email@example.com, or by post to:
Hupla Group Ltd
5 TurkeyBerry Lane
16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances.
On request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.
Passenger Bill of Rights
The Cruise Line Association (CLIA) and its cruise line members have adopted in 2013 the Cruise Industry Passenger Bill of Rights.
In addition to the SOLAS stringent safety requirements, the Cruise Bill of Rights offers some additional protections to passengers sailing with CLIA-members cruise lines.
- The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master's concern for passenger safety and security and customs and immigration requirements of the port.
- The right to a full refund for a trip that is cancelled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.
- The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.
- The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.
- The right to a ship crew that is properly trained in emergency and evacuation procedures.
- The right to an emergency power source in the case of a main generator failure.
- The right to transportation to the ship's scheduled port of disembarkation or the passenger's home city in the event a cruise is terminated early due to mechanical failures.
- The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.
- The right to have included on each cruise line's website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations.
- The right to have this Cruise Line Passenger Bill of Rights published on each line's website.
Updated: February 15, 2021
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