Terms & Conditions


For the use of the services under the top level domain Day-1.co.za

Welcome to DAY1! Below you will find the general terms and conditions governing the use of Day-1.co.za. and all of its sub-domains and aliases of these domains (DAY1 Website(s) or Website(s)). By signing up for a service with DAY1 you consent to the following general terms and conditions.


Scope of Services

The provisions of these general terms and conditions govern the entire legal relationship between the validly registered user (user) and DAY1 and are applicable to all services provided to the user or offered on the DAY1 Websites (DAY1 Service(s) or service(s)) and also to all of the user’s actions, contents, or other material relating to the DAY1 Websites. The user enters into this agreement on the use of services with Journey to Day 1 (Pty) Ltd trading as DAY1, Registration number 2021/689196/07, Darter Studio, Longkloof, Darters Road, Gardens, Cape Town, South Africa.


Services

DAY1 provides the user with an option to select from three tailored service packages.  Each package clearly lists the services included.  If you purchase the basic or standard service package you have the option to upgrade your package at any time.  No downgrading of packages once purchased will be considered.  

DAY1 does not take part in any communication between users and is not responsible for or party to any agreements that users make outside of the scope of the service. The principles set forth in this Section shall also apply to any agreements between users and third-party service providers providing supplemental services embedded in or linked to the DAY1 Websites. Such third-party service providers are acting independently from DAY1, and DAY1 does not accept any liability for third parties’ acts or omissions.

DAY1 reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration at any time provided such modifications are based on good reason and not unreasonable for the user. DAY1 shall give due notice of any amendments of services to the user via the user’s email address. 

The user understands that it is technically impossible to offer or guarantee a 100% availability of the DAY1 Websites. DAY1 will make reasonable efforts to keep the DAY1 Websites available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond DAY1’ reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.

DAY1 reserves the right to substitute third party service providers as it deems appropriate in order to guarantee the best possible service to its Clients. 


Registration

To sign up for Membership, users must apply for membership by completing the registration procedure on the DAY1 Website. By completing the registration procedure, the user consents to enter into this agreement to use the services. DAY1 accepts this offer by activating the user’s membership and personal account.

The user guarantees that the information submitted to DAY1 for registration is complete and truthful. The user shall not use pseudonyms or nicknames, however, DAY1 may allow exemptions at its sole discretion. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that DAY1 can establish contact at all times with the user via the contact details provided by the user in the user’s profile on the DAY1 Website. However, DAY1 will preferably make any communication with the user via the user’s personal Membership Section on the DAY1 Website.

DAY1 reserves the right to refuse membership of any user for any or no reason. A user has no right to membership.

In the event that the service is no longer needed, users are not permitted to transfer the service to another user.  During registration, the user must determine a password which they will use to identify themselves to access the Website(s), the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify DAY1 immediately of any unauthorized use of the user’s password or account or any other breach of security through the contact form available on each DAY1 Website under Contact. The user promises to immediately inform DAY1 if there is any indication that the password is being used by third parties. DAY1 will not be liable for any loss or damage arising from the user’s failure to properly comply with this section.

As far as the user is in breach of these provisions, DAY1 shall be entitled to terminate this agreement for good cause with immediate effect, to block the user’s account and/or to prevent further use of the services and the website(s) by the user. Any other rights of DAY1 shall remain unaffected.


Prices and Payment

The prices for the various service packages are set forth on DAY1’s Website. The total amount shall be due immediately upon invoicing and can be affected by any of the debiting procedures made available by DAY1. The user is aware of the fact and agrees that in case of online debiting procedures (i.e. payment via credit card) any data (e.g. name, credit card number, expiry date, bank details, etc.) which is necessary for the due processing of such payment will be transferred to third parties involved in the execution of the debiting procedure (e.g. operator of payment module, credit card acquirer, and the bank issuing the credit/debit card).

The user shall at all times provide sufficient funds to allow for collection of any fees in the course of the debiting procedures designated by the user. Any costs (such as bank charges etc.) triggered by the failure to do so shall be borne by the user.

DAY1 reserves the right to amend the prices for future provisions of the services. Any price amendments shall become effective immediately. 

The user accepts that he will receive all invoices as PDF files via his or her personal email.


User’s Obligations

The user shall only provide true and accurate personal, social, and professional information.


Granting Rights to Use

The user grants DAY1 all rights necessary to fulfill the purpose of this agreement. Including the sharing of personal information with third parties in order to provide the service as contemplated in the agreement between the Parties.


Terms of Termination, Reimbursement of Advance Payments

This agreement shall remain valid and binding as long as the user uses the services. If the parties have agreed on a minimum service period, the term shall continue to run unless terminated in accordance with the provisions of this clause.  

Both parties may terminate the Basic Service Package at any time without cause.

Both parties may terminate without cause the Standard Service Package to the end of the minimum service period as chosen by the user in the course of the registration process, or to the end of any renewal period, by giving notice before the lapse of the respective period.

Both parties may terminate without cause the Premium Service Package to the end of the minimum service period as chosen by the user in the course of the registration process, or to the end of any renewal period, by giving notice before the lapse of the respective period.

Any termination requires that the user sends a notice of termination by sending a respective email to DAY1. The termination notice shall include the user’s registered name and an email address of the user registered on the DAY1 Website.


Refunds

Once the Client has agreed to use DAY1’s services and DAY1 has commenced with the selected service (i.e. provided the client with destination information; network contact details etc) no refund will be given. Refunds by Third Parties (i.e. airlines; transfer companies; hotels; car rental companies etc) will be subject to their respective terms and conditions. DAY1 will charge a fee for processing a request for refund. Third Parties may charge refund fees above those stated here.

Once we have established the possible refund you are entitled to, we will request it with the Third Party. The Third Party will refund DAY1 and we will refund the credit card you used when making your payment for the selected service. This usually takes approximately 4 weeks. For flight bookings the refund will be made by the airline directly to the account the booking was originally paid with. This can take as long as 6 (six) months to a year or longer to obtain from the airline. Standard processing time for refunds is 6 to 8 weeks depending on the airline.


Privacy

DAY1 acknowledges that any personal data provided by the user to DAY1 is extremely important to the user. DAY1 shall comply with all applicable legal provisions regarding data protection.  In particular, DAY1 shall not provide or otherwise disclose any personal data of the user to any third party without consent, unless DAY1 is required by statutory applicable law to reveal the data to third parties.  Details on DAY1’ handling and processing of the user’s personal data are set forth in the Privacy Policy of DAY1.


DAY1’s Indemnity

The proposed services are provided  on the EXPRESS CONDITION that DAY1, 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 DAY1 or any person acting for or controlled by DAY1, in which case such claim shall be lodged in writing with DAY1 within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to the value of service provided by DAY1). The CLIENT INDEMNIFIES AND HOLDS HARMLESS DAY1 or any person acting for or controlled by DAY1 accordingly.


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). DAY1 will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon DAY1 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 DAY1 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. DAY1 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 DAY1’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.


Travel Documents

Documents (for example e-tickets, itineraries etc.) shall only be prepared and released to the Client on receipt of a valid Proof of Payment received from the Client. Any documents received prior to payment shall not be deemed final.


Methods of Communication with the User

Unless otherwise stated in these general terms and conditions, the user shall submit all notices to DAY1 and shall communicate with DAY1 through the contact form available on each DAY1 Website under Contact. Unless otherwise stated in these general terms and conditions, DAY1 will send all notices and other communications to the user by placing a notice via the user’s personal Membership Section on the DAY1 Website or via email.  


Car Rental

The person listed as the driver of the vehicle must present a South African driver’s licence or an international driver’s licence when renting a car. When collecting a car rental the driver must also have a valid credit card to present at the time of collection. The credit card must be in the name of the driver of the vehicle.If a credit card was used to pay for the booking, in most cases it should be the same card. Please be aware that specific terms and conditions of selected car rental companies will apply to your booking. Please refer to terms and conditions below. Please note that this list is not exhaustive and should the specific terms and conditions of the Service Provider not be listed please ensure that you make an effort to locate them and peruse them before making your booking.

CAR RENTAL TERMS AND CONDITIONS


Law & Jurisdiction

These Conditions shall be governed by the law of  the Republic of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and DAY1. DAY1 SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.


Special Requests

Clients who have special requests must specify such requests in writing to DAY1 at least 48 hours prior to their arrival or requirement of the service. Whilst DAY1 will use its best endeavours to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.


Amendments of these Conditions

DAY1 reserves the right to make changes to these terms and conditions without further notice to the Client.  In this instance the terms and conditions applicable at the time of making the booking will remain relevant to the respective booking.


Legal Fees

In the event that DAY1 has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that DAY1 is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.


Confidentiality

Subject to statutory constraints or compliance with an order of court, DAY1 undertakes to deal with all Client information of a personal nature on a strictly confidential basis.


Confirmation of Travel Arrangements

It is advisable that all onward travel arrangements (local, international and on return, domestic connecting flights) be RECONFIRMED BY THE CLIENT 72 (seventy-two) hours prior to departure with the airline.


Social Media

You agree that your use of our social media pages which include but are not limited to Facebook pages, Instagram, Linkedin or Twitter, will not be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise contain objectionable comments and/or content. We do not tolerate any form of discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age.

We reserve the right to remove any comment, thread or content without prior warning to you. We also reserve the right to bring legal proceedings against any individual for a breach of these rules or law generally, or take such other action as we reasonably deem appropriate.


Feedback

If you are dissatisfied with us, you must submit your complaint to us through our dedicated customer experience team, within 96 (ninety six) hours of returning from your travel, in order for us to investigate the complaint efficiently and to ensure that we are provided with a fair opportunity to rectify the situation and mitigate any losses or damage. Any and all third party claims must be made directly with the Third Party Service Provider of the travel product supplied. Stolen or lost luggage must be reported to the airline prior to leaving the airport.

We value your feedback. If you have a compliment, complaint or wish to share your experience with us, please contact customer care at: [email protected] 


General Terms and Conditions for Online Bookings

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.

Intellectual Property

The Sites are owned by DAY1 and the domain names are registered in the name of DAY1. All intellectual property rights in and to the aforementioned vests in DAY1. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of DAY1.

Copyright and Trademark Notices

All contents of the Sites are registered to:Journey to Day 1 (Pty) Ltd trading as DAY1, Registration number 2021/689196/07, Darter Studio, Longkloof, Darters Road, Gardens, Cape Town, South Africa.

All rights in and to any copyright or registered or unregistered trademarks of DAY1 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.

Changes & Modifications of these Terms and Conditions

DAY1 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 DAY1 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.


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 Client  information 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. DAY1 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.


Personal and noncommercial Use Limitation

The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to DAY1 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 DAY1;
  • violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
  • take any action that imposes, or may impose, in the discretion of DAY1, an unreasonable or disproportionately large load on the Service 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 DAY1.

Liability Disclaimer

The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, DAY1 DOES NOT GUARANTEE THE ACCURACY of the hotel, air, and other travel products displayed on the Sites (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. DAY1 DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Sites are intended as only general guidelines, and DAY1 DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.

DAY1 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’. DAY1 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 DAY1. For the avoidance of doubt, the services rendered by DAY1 do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

DAY1 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 DAY1 or its affiliates. Affiliates include websites which click-through to the Website. DAY1 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. DAY1 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 DAY1 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 DAY1 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.


Travel Destinations

By offering travel for sale to particular domestic or international destinations on the Sites, DAY1 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. It is the Passenger’s responsibility to check that there are no travel bans and/or advisories in place that may impact on the booking/s. DAY1 cannot be held responsible for any booking/s made by any passenger that contravenes any travel advisory and/or ban that may be in place at the time of making the booking/s.


Indemnification

The Client AGREES TO DEFEND AND INDEMNIFY DAY1 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 South African law.


Links to other Websites

There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by DAY1 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. DAY1’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. DAY1 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 DAY1 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.


Applicable Law

Please note that the use of this Website and the Mobisite is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.


General

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 DAY1 as a result of this agreement or use of the Sites.

DAY1’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DAY1’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 DAY1 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 DAY1 with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and DAY1 with respect to the Sites.

Any rights not expressly granted to DAY1 herein remain reserved.

Should any person elect to publish any review pertaining to DAY1, any of its affiliated companies,  you agree to give your express consent to allow DAY1 to publish the review on any of their platforms or in any communications sent out by the Company. DAY1 undertakes to never publish any names of the reviewers without their consent.


Communication from Sites

By agreeing to use any of DAY1′ services, 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 service will continue to be sent.


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 DAY1 or otherwise that is not included herein.