The Customer (or its duly authorised agent / representative) does hereby apply for credit facilities with Rennies Travel (Pty) Ltd T/A Rennies BCD Travel (“the Company”). The Customer’s authorised representative, does hereby irrevocably accept the following terms and conditions on behalf of the Customer:

1. Notwithstanding the grant of credit facilities to the Customer, the Company shall be entitled at any time and in the Company’s sole discretion to suspend or cancel such facilities and require repayment for any account. If the Company were to take such steps, any amounts outstanding will become due and payable immediately.

2. Should the application for credit be declined and the Customer has in the interim entered into transactions with the Company and/or carries on doing so, whether payment is cash or by credit card, these conditions of credit (where relevant) and the STC will apply to all such transactions.

3. Unless such meaning is inconsistent with the context, the following terms shall, throughout this Agreement, have the meanings respectively ascribed to them, namely:

• “this Agreement” means these terms and conditions and any schedules or annexures thereto;

• “Billback” means any unforeseen charges incurred by the Customer with a third-party supplier, including without limitation damages, traffic fines, tolls, minibar and wifi;

• “Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI;

• “POPI” means the Protection of Personal Information Act, 4 of 2013, as amended, including any regulations and/or code of conduct made under POPI;

• “Privacy and Data Protection Conditions” means the 8 (eight) statutory prescribed conditions for the lawful Processing of Personal Information which is entered into a Record and such conditions are listed in section 4(1) of POPI and are dealt with in detail in Part A of Chapter 3 of POPI;

• “Products” means services or products provided or sold by the Company to the Customer on behalf of a third party related to the travel industry, including without limitation airline tickets, accommodation and car hire;

• “Processing” has the meaning ascribed to it in Chapter 1 of POPI;

• “Record” has the meaning ascribed to it in Chapter 1 of POPI;

• “Responsible Party” has the meaning ascribed to it in Chapter 1 of POPI.

4. Unless the context otherwise requires, the words importing the singular shall include the plural and vice versa, a natural person shall include an artificial person and vice versa and the one gender shall include the other gender and vice versa.

5. The Customer (including its representatives signing this Agreement or any guarantor / surety for the Customer) whereby warrants and certifies that the information submitted in Section A (Application To Do Business) is true and correct in each and every respect and that there has been no error, omission or misrepresentation which could prejudice the granting of credit facilities, and the information may be relied upon.

6. The Customer hereby chooses domicilium citandi et executandi for all purposes arising out of this application at the address stipulated at Section A (Application To Do Business).

7. The Customer undertakes to notify the Company in writing, within 7 days of any change of details shown in Section A above, including change of ownership, sale of shares, name and address, including should any circumstances arise, or any event occur that may affect the Company’s decision to grant credit or to do business with the Application. Such change shall in no way derogate from the Customer’s liability to the Company and payment of any outstanding amount whether due or not shall be deemed to be immediately payable by the Customer to the Company.

8. The Customer acknowledges that:

• credit facilities granted to it shall be at the sole discretion of the Company as to the nature, duration and extent.

• the Customer will be responsible for payment of all amounts owing to the Company in respect of Products sold to the Customer with effect from the date of signature hereof by the Customer.

• the Company may withdraw any limit or withdraw the credit facilities or may vary the extent, nature and duration of such facilities at any time at its sole discretion without prior notice and without giving reason therefor to the Customer.

9. The Company reserves the right at its sole discretion to cancel any bookings or reservations not yet utilised.

10. Any refund due to the Customer as a result of a cancelled booking or reservation shall only be payable to the Customer within 30 days from date of receipt of the refunds from the relevant supplier.

11. The parties to the Agreement shall fully comply with the statutory obligations contained in POPI, with which the parties warrant that they are fully conversant with, when Processing Personal Information obtained by the Responsible Party and such Personal Information is entered into a Record. Without limiting the generality of the aforesaid, the Responsible Party shall ensure that the Privacy and Data Protection Conditions are strictly adhered to when Processing the Data Subject’s Personal Information.

12. Disclosure of personal information – The Customer hereby expressly, and in terms of POPI (Protection of Personal Information Act), gives the Company consent to obtain and share personal information (as defined in POPI) relating to the Customer, its directors and/or its travellers, which consent the Customer warrants it has obtained from each director and/or traveller, for the sole purposes of determining if credit should be extended to the Customer.

13. Each party hereby indemnifies the other party from any liability whatsoever arising from the party’s direct

        failure to comply with its statutory obligations contained in POPI.

14. Notwithstanding anything contained herein to the contrary:

• the Customer agrees to provide the Personal Information of each traveller on whose behalf the Company has made a booking.

• the Company shall be entitled to store the Personal Information of each traveller, and the Customer warrants that it has obtained such person’s prior consent to the use of and storage of their Personal Information.

15. A certificate signed, inter alia, by the secretary / manager or any director / member of the Company (whose appointment need not be proved) reflecting the amount owing by the Customer to the Company in respect of the credit facilities granted to the Customer in terms hereof relating to the Customer’s dealings with the Company and of the fact that such amount is due, owing and unpaid shall be prima facie proof of the effects therein stated for the purpose of any action (whether by way of provisional sentence or otherwise). Proof of debt on insolvency or for any purpose whatsoever where the amount of such claim is required to be established and it shall rest with the Customer to prove that such amount is not owing, due and/or unpaid.

16. Unless the Customer objects in writing to the balance outstanding which appears on any monthly statement from the Company within 7 days of the date of such statement, the balance which appears on the statement shall be conclusive proof of the amount due and owing.

17. The Customer shall have no claim and the Company shall be exempted from and shall not be liable under any circumstances whatsoever for any indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever, including without limitation any damage arising as a result of a willful, negligent or grossly negligent act on the part of the Company, its agents, employees or representatives and whether in the contemplation of the parties or not.

18. The Customer (or its duly authorized agent / representative) consents to the Company carrying out a credit enquiry in respect of the Customer and the Customer understands that the personal information given in this Agreement forms is to be used by the Company for purposes of assessing the Customers’ credit worthiness. If the Customer does not comply with the terms and conditions of this Agreement, in any manner whatsoever, the Company may transfer information regarding such non-compliance to any registered credit bureau. 

19. The Customer shall not be entitled to set off any amount due to the Customer by the Company against its indebtedness to the Company.

20. The Company shall, at any time, in its sole discretion, be entitled to cede all or any of its rights and delegate all or any of its obligations to any third party in terms of this Agreement and Deed of Suretyship to any third party, without prior notice to the Customer.

21. Should the Customer:

• breach any provision hereof.

• fail to pay any amount owed by it to the Company on due date.

• have default judgment taken against it.

• at any time be placed in business rescue, wound up, whether provisionally or finally, (which liquidation or sequestration, whether provisional or not, shall be deemed to be material breach by the Customer); or

• in the event of the Customer being an individual or partnership and having his/her/its estate sequestrated, whether provisionally or finally,

then the Company shall, without detracting from any other remedies which may be available to it, be entitled to cancel any transaction concluded between the parties on notice or to claim immediate payment for any amount outstanding, whether or not such payment would otherwise then have fallen due, in either event without prejudice to the Company’s right to claim damages.

22. The Customer acknowledges that in the event of it being a proprietorship, partnership, close corporation or a company and converting from a proprietorship, partnership, close corporation or company to a proprietorship, partnership or a company, at any time hereafter, as the case may be, any Surety shall nevertheless still remain bound as a Surety.

23. All quotations are subject to the availability of the products and subject to the correction of good faith errors by the Company, and the prices quoted are subject to any increases in the price including currency fluctuations. If the rate of exchange increases at the date an order is received from the Customer and such increase results in the cost the product quoted being increased, then, such increase will be for the Customer’s account and payable in addition to the amount quoted.  Conversely, if the rate of exchange decreases after the date an order is received from the Customer and such decrease results in the cost of the Product quoted being decreased, then, the Customer’s account will be credited for such decrease. 

24. In the event that payment terms are not settled by means of travel lodge card or credit card the payment in respect of all orders are due strictly 15 days from date of invoice in full without set-off, deduction, deferral or withholding of any kind under any circumstances whatsoever. In the event that the Customer does not make payments in full on due date, then: 

• all discounts shall be forfeited.

• all subsequent orders must be paid on a cash on delivery basis until the Customer’s account is up to date.

25. Should the Customer require extended credit facilities, the Customer undertakes to apply for the Company’s consent to any variation of the above conditions before incurring the debt, and in such event the Customer agrees to abide by any conditions or stipulations imposed by the Company as a condition precedent to the granting of such extended facilities.

26. As agent for third party suppliers, the Company may receive bill backs from these suppliers and the Customer agrees to make payment of these bill backs to the company on demand or in line with the credit terms extended.  

27. Except as is contained in the official written specifications of the Products, no further representations or warranties whether expressed or implied by or behalf of the Company will be binding against the Company.

28. Regardless of the place of execution, performance or domicile of the parties, this Agreement and all modifications and amendments hereof shall be governed by and construed under and in accordance with the laws of the Republic of South Africa.

29. The Customer hereby consents and submits to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in any dispute arising from or in connection with this Agreement.

30. Notwithstanding the amount which may at any time be owing by the Customer (or any Surety for the Customer) to the Company, the Customer (including the Surety/ies) hereby consents, in terms of Section 45 of the Magistrate’s Court Act (no. 32 of 1944 as amended), to the jurisdiction of the Magistrate’s Court having jurisdiction for the determination of any action or proceeding otherwise beyond the jurisdiction of the said Court which may be brought by the Company against the Customer arising out of any transaction between the parties, it being recorded that the Company shall be entitled, but not obliged, to bring any action or proceeding in the said Court and that all costs incurred in any action against the Customer in any competent court, including costs on an attorney and own client scale and attorneys collection commissions, will be paid by the Customer.

31. No failure by the Company to perform in accordance with any provision of this Agreement shall constitute a breach of this Agreement if the failure arose as a result of force Majeure, including acts of G-D, war, strike, sanctions or change in laws, regulations, ordinances or the like made by any competent authority or other circumstances beyond the reasonable control of the Company, such as restrictions and convertibility or transferability, requisitions, involuntary transfers, unavailability of any systems, sabotage, fire, flood, explosions, acts of G-D, civil commotions, strikes or industrial action of any kind, riots, insurrections, wars or acts of Government. 

32. Any breach of any of the provisions hereof or other act of relaxation, indulgence or grace on the part of the Company shall not in any way operate as or be deemed to be waiver by the Company of any rights under this Agreement of be construed as a novation thereof.

33. The Customer acknowledges that no terms at variance with this Agreement and which have been sought to be introduced by the Customer at any time shall be of any force or effect unless the Company has, in writing, expressly and unambiguously agreed that the terms so sought to be introduced by the Customer shall apply. Without derogating from the generality of the aforegoing, the Company shall not be regarded as having so expressly agreed by virtue merely of the Company having agreed to execute an order in which inconsistent terms have been introduced by the Customer and notwithstanding that the Company has not rejected such inconsistent terms.

34. This Agreement contains the entire agreement between the parties and any other terms thereof whether express or implied are excluded here from and any variations, cancellations or additions to this Agreement shall not be of any force or effect unless reduced to writing and signed by the parties or their duly authorized signatories.

35. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement.

CESSION OF CLAIMS 

36. The Customer hereby irrevocably and in rem suam (concerning (in) one’s own affairs) cedes and assigns as a pledge unto and in favour of the Company, all the right, title, interest in and to all claims of whatsoever nature and description and howsoever arising which the Customer may now or at any time hereafter have against all and any persons, companies, corporations, firms, partnership, associations, syndicates and other legal personae whomsoever without exception as continuing covering security for the due payment of every sum of money which may now or at any timehereafter be or become owing by the Customer to the Company from whatsoever cause or causes arising, it being acknowledged that this cession is a cession in securitiatium debiti (as security for the debt) and is not an out-and-out cession.

37. Should it transpire that the Customer entered into prior deeds of cession or otherwise disposed of any of the right, title and interest in and to any of the claims which will from time to time be subject to this cession, then this cession shall operate as a cession of all the Customer’s reversionary rights.

39. This cession shall be and remain in full force and effect as a continuing security notwithstanding any fluctuation, or temporary extinction of the Customer indebtedness to the Company.
40. For the purpose of giving effect to the aforegoing pledge and cession the Customer hereby nominates, constitutes and appoint the Company to be its attorney and agent, in rem suam (concerning (in) one’s own affairs), with full authority for the Customer and in the Customer’s name to demand, sue for, recover and receive all sums of money hereby ceded and assigned and with the authority to sign all documents on the Customer’s behalf and in the Customer’s name in connection with the recovery of the said sums and to give acquittances and receipts for the Customer.