Terms and Conditions of Use for NaviBon.com


AGREEMENT BETWEEN THE CUSTOMER AND NAVIBON, INC.

The NaviBon.com website (the "Website") is intended for the purpose of assisting customers in determining the availability of goods and services related to travel, doing genuine reservations or otherwise conducting business with travel providers, proving travel information, and for no other purposes.

The terms "we", "us", "our", refers to NaviBon. “NaviBon Partner” means any co-branded and/or linked website through which we provide service, contact of links. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents. 

Please read these Terms of Use carefully as they contain important information about your legal rights and obligations. NaviBon also provides a Privacy Policy, which further governs your use of the Website, and is referenced in this Agreement. By accessing or using the NaviBon platform, you agree to comply with and be bound by these terms, conditions, and notices set forth below (collectively, the "Terms of Use” or "Agreement"). These Terms of Use constitute a legally binding agreement ("Agreement") between you and NaviBon, governing your access to and use of the website, including any subdomains thereof, and any other websites through which NaviBon makes its services available. 

If you do not agree to the Terms of Use, please do not utilize the platform or make any reservations through this Website or our call center.


1. GENERAL

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and NaviBon, Inc. with respect to this Website, our services and your dealings and relationships with us. It supersedes all prior or coexistent communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.

Our presentation of this Agreement is subject to existing laws and legal process. Nothing contained within this Agreement limits our right to comply with legal requests or requirements relating to your use of this website or any information gathered by us pertaining to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Any failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

You agree that no joint venture, partnership, or employment relationship exists between you and the NaviBon company as a result of this Agreement or use of this Website.

Fictitious names of products, companies, people, and/or data mentioned on this Website are not intended to represent any real product, company, individual, or event. 

Any rights not expressly granted herein are reserved.


2. USE OF THE WEBSITE

By using this website, you agree that:

  1. you are at least 18 years of age;
  2. you are legally permitted to enter into a binding legal contract;
  3. all information supplied by you on this Website is true, accurate and complete;
  4. you will make use of this website only to make legitimate travel reservations for yourself or for a person on whose behalf you are legally permitted to act;
  5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all applicable rules and restrictions;
  6. you will make use of this website only in accordance with the Terms of Use herein; and
  7. if you have a NaviBon account, you will protect your account information and will be completely responsible for any use of your account by you and anyone other than you.

We reserve the right, at our sole discretion, for any reason at any time, to deny anyone access to this website and the services we offer. Reasons include, but are not limited to, violations of these Terms of Use.


3. PROHIBITED ACTIVITIES

The content and information provided by the NaviBon Website, including but not limited to price and availability of travel services, as well as the infrastructure used to provide such information and services, is the property of NaviBon or its suppliers and providers.

While you are permitted to make limited copies of your travel itineraries and documents for travel that pertain to bookings and services reserved through this Website, you agree not to otherwise copy, modify, distribute, reproduce, publish, license, transfer, create derivative works, or sell or re-sell any products or services obtained from this Website. Additionally, you agree not to:

  1. make any false or fraudulent reservations through this Website;
  2. utilize this Website or any part therein for any commercial purpose;
  3. access, copy, monitor, or use in any way, any content, material or information of this Website using any robot, spider or any other automated system or any manual process for any purpose without our express written permission;
  4. violate any restrictions laid out in any robot exclusion headers on this Website or bypass or circumvent any measures intended to prevent or limit access to this Website;
  5. take any action that levies, at our discretion, an unreasonable or excessively large load on our infrastructure and server resources;
  6. deep-link or hot-link to any part of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. "frame", "mirror", “scrape” or otherwise incorporate any part of this Website into any other website without our prior written consent.

4. FRAUDULENT ACTIVITY

If your booking or account shows any signs of fraudulent or suspicious activity or abuse, NaviBon may, at its discretion, cancel any reservations for travel or services associated with your name, email address or account, and close any associated NaviBon accounts. If you have conducted or been involved with any fraudulent activity, NaviBon reserves the right to take any necessary legal action and you may be liable for monetary losses to NaviBon, including litigation costs and damages. To contest or query the cancellation of a booking or closure of an account, please contact NaviBon Customer Support.


5. LINKS TO EXTERNAL THIRD-PARTY WEBSITES

This Website may contain hyperlinks to websites operated by third-parties other than NaviBon, Inc. Such hyperlinks are provided for your reference only. These websites are not controlled by NaviBon in any way and as such we are not responsible for their contents, privacy, or other practices. The responsibility lies with you to take precautionary measures to ensure that any links you select or software you undertake to download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


6. REVIEWS, COMMENTS, AND OTHER USER SUBMISSIONS

By submitting, through any avenue, content to this Website, including but not limited to any reviews, questions, comments, suggestions, ideas, photos, videos, or the like contained in any submissions (collectively, "Submissions"), you grant NaviBon and the affiliated partners through whom we provide service (collectively, the "NaviBon Partners"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

(a) use, modify, adapt, distribute, publish, translate, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, currently in existence or hereafter devised; and

(b) use the name that you submit in connection with such Submission.

You acknowledge and agree that Submissions are non-confidential and non-proprietary. You agree that NaviBon may, at our discretion, provide attribution of your comments or reviews (for example, listing your name on a review that you submit), and that such submissions may be shared with our supplier partners. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the NaviBon Partners, or any of our service partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. You acknowledge that NaviBon may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

By making a submission, you undertake full responsibility for the content of your Submissions, including, but not limited to, reviews posted to this Website. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

Further, you grant NaviBon the right to pursue at law any person or entity that violates your or the NaviBon Company’s rights by a breach of these Terms of Use pertaining to the Submissions.

NaviBon claims no ownership, association with, or endorsement of any content or photos that are submitted by end-users through our sites.

NaviBon’s policies relating to claims by third parties that the content of the Website, including the content of any Submissions, infringes copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

If you do not agree to these Terms of Use, please do not provide us with any Submissions. 


7. COPYRIGHT AND TRADEMARK NOTICES

All content contained in this Website are ©NaviBon, Inc. All rights reserved. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. NaviBon, Inc. is not responsible for content on websites operated by any other third parties.

If you are aware of any copyright infringement of our brand, please email us at [email protected]. Please note we only address messages concerning brand infringement at this email address. 


8. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that any content or materials hosted by us infringes your copyright, you (or your agent) may send us a written notice that includes the following information. Your complaint will not be processed if it is not properly filled out or is incomplete and any misrepresentations in your notice pertaining to content or activity infringement may expose you to liability for damages.

Please provide:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material on the Website you claim is infringing, such as a link to the material.
  3. Your address, email address and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to [email protected]


9. COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details: 

  1. Identification of the specific content that was removed or disabled and the location that content appeared on NaviBon’s Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which NaviBon, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification."

10. ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, NaviBon may, in appropriate circumstances and at NaviBon’s sole discretion, terminate the accounts of subscribers or account holders who are deemed to be repeat infringers. NaviBon may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide sufficient information when filing your notice for us to verify the claim of repeat infringement. 


11. PRIVACY POLICY

NaviBon Inc. believes in protecting your privacy. Please click here to review our current Privacy Policy.


12. SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to any reservation or purchase of travel, services, and related goods made on this Website.  Please undertake to read these additional terms and conditions carefully as they contain regulations stipulated by the service provider. By purchasing any product or service provided by this Website, you agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal. This includes, but is not limited to, conditions of payment of all amounts when due and compliance with all rules and restrictions regarding fares, products, or services as stipulated by the supplier.

You acknowledge that certain suppliers may require you to sign a liability waiver prior to participating in certain services and/or activities. You understand and agree that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), denial of access to the related travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

NaviBon is not liable for any costs incurred due to hotel relocation. 

For airfare purchase, please ensure you have read the full terms and conditions of carriage provided by the travel supplier, which can be found on the supplier’s website. Airfare is only guaranteed once the purchase is completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received on time.

Federal aviation law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.


13. INTERNATIONAL TRAVEL

It is your responsibility, when travelling internationally, to ensure that you meet all of the foreign entry requirements for each destination on your itinerary, that your travel documents, such as passports and visas (tourist, transit, business, and otherwise) are in order and current, and that any other foreign entry requirements are met. NaviBon has no special knowledge regarding foreign entry requirements or travel documents, and do not offer these as part of our service. We urge customers to review any travel announcements, advisories, prohibitions and/or warnings issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa Requirement: Customers must undertake to consult the relevant Embassy or Consulate for passport and visa requirements for the country they are visiting. Requirements can change and up-do-date information should always be obtained prior to booking and departure. NaviBon accepts no liability for refusal of entry onto a flight or into any country, by any airline, authority, or country, due to failure to comply with the passport and visa requirements, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport. 

Health Requirements: Certain countries may require inoculations for travel and these requirements may be liable to change. You should consult your doctor or a travel clinic for current requirements and recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements and follow all medical advice related to your travel.

Disinsertion: Although not common, most countries reserve the right to disinsert aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsertion procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm 

WHILE PROVIDING RESERVATIONS FOR TRAVEL PRODUCTS AND SERVICES IN SPECIFIC INTERNATIONAL DESTINATIONS, NAVIBON DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK. NAVIBON IS THEREFORE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATIONS. 


14. CURRENCY

Any currency converter available on the Website is subject to the following terms and conditions: Currency rates of exchange are based on various publicly available sources and are not verified as accurate. The information supplied by this application is believed to be accurate, however actual rates may vary and this should be used as a guideline only. NaviBon and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.


15. DISCLAIMER OF LIABILITY

The Information, Products, Services and any other content published on this Website may include inaccuracies or errors, including but not limited to errors in pricing. NaviBon and its partners do not guarantee the accuracy of such information, and deny all liability for any errors or other inaccuracies relating to the information and description of the travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). NaviBon, Inc. explicitly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. If such an event takes place, we will, if available, offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. 

Hotel ratings provided on this Website are intended as a guideline only. NaviBon, its Suppliers and its Partners do not guarantee the accuracy of such ratings. Furthermore, NaviBon, its suppliers and its partners do not guarantee the availability of any products and services available on this website. NaviBon, its Suppliers and its Partners may make improvements and/or changes on the Website at any time at their discretion.

NaviBon, its Suppliers and its Partners make no representations about the suitability of the information, products and services contained on this Website for any purpose. The inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. All such information, products, and services are provided “as is” without warranty of any kind.

NaviBon, its Suppliers and its Partners disclaim all warranties and conditions that this Website, its servers or any email sent from the NaviBon Company, the NaviBon Partners and/or their respective suppliers are free of viruses or other harmful components. NaviBon, its Suppliers and its Partners hereby disclaim all warranties and conditions pertaining to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

All hotels, carriers, suppliers and service providers represented on this website are independent contractors and not agents or employees of the NaviBon Company. NaviBon is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. NaviBon has no liability and will make no refund in the event of any delay, cancellation, overbooking, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, delays, re-routing, omissions, or acts of any government or authority. 

In no event shall NaviBon, its Suppliers or its Partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if NaviBon, its Suppliers and its Partners have been advised of the possibility of such damages.

If, despite the limitation above, NaviBon, its Suppliers or its Partners are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of NaviBon, its Suppliers or its Partners will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to NaviBon, Inc. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of NaviBon, its Suppliers and its Partners.


16. INDEMNIFICATION

You agree to defend and indemnify NaviBon, its Suppliers and its Partners 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 third parties as a result of: 

  1. your use of this Website.
  2. your breach of these Terms of Use or the documents referenced herein; or
  3. your violation of any law or the rights of a third party;

17. DISPUTES

In the event of a problem or dispute, we will do our best to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any services or products provided, our customer service agents, any representations made by us, or our Privacy Policy (“Claims”) by contacting [email protected] or +18558442723. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as outlined below.

Any and all Claims will be resolved by binding arbitration, rather than in court, however you may assert Claims that qualify on an individual basis in small claims court. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether previous versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, on an individual basis, an arbitrator can award the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must enforce and follow these Terms of Use as a court would. 

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. 


18. PAYMENT PROCESSOR

Detailed description of goods and/or services

NaviSure Pty Ltd is a business in the Travel industry that sells flight, hotel and car tickets.

Delivery policy

Subject to availability and receipt of payment, requests will be processed within 1 days and delivery confirmed by way email. 
(for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)

Export restriction(Optional)

The offering on this website is available to South African clients only.

Return and Refunds policy

The provision of goods and services by NaviSure Pty Ltd is subject to availability. In cases of unavailability, NaviSure Pty Ltd will refund the client in full within 30 days. Cancellation of orders by the client will attract a 0-100% administration fee. 
(If appropriate – provide details of your policy regarding damaged goods. Also mention guarantees, warranties, etc.)

Customer Privacy policy

NaviSure Pty Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the NaviSure Pty Ltd bank account, the details of which will be provided on request.

Card acquiring and security

Card transactions will be acquired for NaviSure Pty Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by NaviSure Pty Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

NaviSure Pty Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and NaviSure Pty Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 17 west road south, Morningside Sandton 2196.

Variation

NaviSure (Pty Ltd) may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by NaviSure (Pty Ltd) based in South Africa trading as NaviBon and with registration number 2019/084594/07.

NaviSure (Pty Ltd) contact details

Company Physical Address: 
17 West road south, Morningside Sandton 2196.