EXCLUSION OF LIABILITY
1.1. All persons entering a BIG SKY INTERCITY vehicle and/or property owned by BIG SKY INTERCITY or under its control do so entirely AT THEIR OWN RISK.
1.2. BIG SKY INTERCITY is not liable for any loss or damages (including consequential or special damages or loss of profits), loss of life, bodily injury or damage to or loss of property of whatsoever nature and howsoever cased, and whether or not caused by BIG SKY INTERCITY, its directors, its officers, servants, agents or any other person acting on behalf of or under the control of BIG SKY INTERCITY, arising out of or connected in any way with the transportation or non-transportation by BIG SKY INTERCITY of any passenger or persons and/or their property.
2.1. The ticket is proof of the agreement of transport between BIG SKY INTERCITY, the purchaser of the ticket and the passenger, and the accompanying terms and conditions are the entire agreement between the passenger and BIG SKY INTERCITY.
2.2. A ticket is valid for the use only by the passenger to whom it is issued and for the route, date and time shown thereon. The passenger will be required to produce their unique ticket reference number and appropriate identification to check in. Please not the additional requirements for minor children further on.
2.3. It is the passenger’s responsibility to ensure that the correct information is shown on the ticket. Any alteration to a ticket may render it invalid.
2.4. Passengers are not allowed to break their journey into multiple legs, unless separate tickets are issued for each individual journey.
2.5. Only tickets purchased from BIG SKY INTERCITY, or its appointed agents will be valid. Any tickets obtained from any other place or person not being a BIG SKY INTERCITY agent will be void and the bearer of such tickets shall have no claim whatsoever against BIG SKY INTERCITY and/or any of its directors, officers, servants, agents, or any other person acting on behalf of or under the control of BIG SKY INTERCITY for any damages whatsoever.
2.6. The rights and title in and to tickets are non-transferrable. Tickets may however be transferred to another date and time in terms of clause 3 below whereupon new tickets shall be issued. All transfers shall be subject to payment of a cancellation fee as per clause 3 below.
2.7. In the case of credit card bookings made via BIG SKY INTERCITY’s website or call centre, the ticket will be automatically cancelled unless the cardholder complies with all requirements stipulated during the booking process, which may include that the credit card used to purchase the ticket(s) and the ID document of the cardholder must be presented upon boarding the BIG SKY INTERCITY vehicle or at an BIG SKY INTERCITY office at least 24 hours before the scheduled departure time.
TICKET CANCELLATIONS AND CHANGES
3.1. A ticket can be cancelled, and a refund issued subject to the following:
3.1.1. SAVER tickets 48 hours or more before the scheduled departure time, with a 25% cancellation fee;
3.1.2. FLEXI tickets 24 hours or more before the scheduled departure time, with a 15% cancellation fee;
3.1.3. FULL FLEXI tickets 12 hours or more before the scheduled departure time, with a 10% cancellation fee;
3.1.4. Notwithstanding the above, all tickets can be cancelled and will be refunded without any cancellation fee, provided that the cancellation is performed within 1 (one) hour after the ticket was purchased, but not within 15 minutes before the scheduled departure time, in which event the provisions of clause 4.5 shall apply.
3.1.5. Tickets purchased within 15 minutes of the scheduled departure time may not be cancelled and if unused a 100% cancellation fee will apply.
3.1.6. Tickets cancelled in consequence of the provisions of this clause 3.1 shall attract the stipulated cancellation fee and the balance, if any, shall be refunded to the purchaser or the ticket holder as the case may be.
3.2. Tickets can be changed subject to the following:
3.2.1. SAVER tickets 15 minutes or more before the scheduled departure time with a 25% change fee;
3.2.2. FLEXI tickets 15 minutes or more before the scheduled departure time with a 15% change fee;
3.2.3. FULL FLEXI tickets 15 minutes or more before the scheduled departure time with a 10% change fee.
3.2.4. Any change to a ticket requires a new ticket to be issued by BIG SKY INTERCITY. Changes in fare will be payable. The value of the original ticket less the applicable fee will be applied towards the new ticket. BIG SKY INTERCITY does not guarantee availability of a similar ticket class, fare, discount, or reserved seats.
3.2.5. No change shall be affected within 15 minutes of the scheduled departure time, or after departure time, and such tickets, if unused, are subject to cancellation with a 100% cancellation fee.
3.2.6. Any change as envisaged herein shall include any transfers to another date or time or upgrades of tickets.
3.2.7. Notwithstanding the above, all tickets can be changed with no change fee, provided that the change is done within 1 (one) hour of the purchase of the ticket, but not within 15 minutes of the scheduled departure time in which event the provisions of clauses 3.2.5 and 4.5 shall apply.
3.2.8. Tickets purchased within 15 minutes of the scheduled departure time may not be changed and if unused a 100% cancellation fee will apply.
3.3. Irrespective of the provisions of 3.2 above, no cancellation fee shall be imposed for cancellations or transfers due to the death or hospitalisation of a passenger.
3.4. To cancel or change a ticket, please notify the nearest BIG SKY INTERCITY office, or the agent where the ticket was purchased, or call +27 (0)21 380 4400. Positive proof of identification will be required which must be faxed to BIG SKY INTERCITY at fax number +27 (0)21 380 2088 if the cancellation is done telephonically.
TIMETABLES AND SCHEDULES
4.1. Whilst BIG SKY INTERCITY will make all reasonable effort to keep to its scheduled timetable, BIG SKY INTERCITY does not guarantee any arrival or departure times, and it does not accept any liability for any loss or damage incurred by any passenger, or inconvenience experienced by any person, due to a delay or cancellation of any service for whatsoever reason.
4.2. BIG SKY INTERCITY reserves the right to cancel any of its services for any reason without prior notice. BIG SKY INTERCITY will not be liable for any loss or damage incurred by passengers as a result of such cancellation.
4.3. BIG SKY INTERCITY makes every effort to ensure connections with other transport operators, where appropriate. However, BIG SKY INTERCITY will not be liable for loss or damage caused by any failure to make such connections with other transport operators.
4.4. Passengers must be at the departure point 30 minutes prior to the scheduled departure time for domestic departures, and 1 (one) hour for cross-border departures.
4.5. Carriage of passengers arriving within 15 minutes prior to the scheduled departure time is not guaranteed, and save in the event of hospitalization or death, any such passenger may not be allowed to travel, the ticket may be subject to cancellation with a 100% cancellation fee and may be made available to standby passengers on a first come first serve basis. BIG SKY INTERCITY shall not be liable and is exempted from any loss, damage, or any claim occasioned by such cancellation.
5.1. Children under 12 years will not be allowed to travel alone and must be accompanied by a parent or guardian older than 18 years.
5.2. Children between 12 and 18 years will be allowed to travel alone, provided that a prescribed BIG SKY INTERCITY indemnity form was completed by the legal guardian or parent in respect of each unaccompanied child. Please enquire with the consultant or agent upon purchase of the ticket. It is the passenger’s responsibility to familiarise themselves with cross border requirements per country for minors travelling.
5.3. In addition, all minor children (defined in terms of the Children’s Act 38 of 2005 as persons under the age of 18), whether accompanied or not, are required to fully comply with the provisions of the South African Immigration Act (Act No 13 of 2002) and the regulations promulgated thereunder, which have come into effect on 1 June 2015. For further information contact the SA Department of Home Affairs at 0800 601 190 or at its website at www.dha.gov.za
5.4. Failure to sign an indemnification form for unaccompanied minor children or non-compliance with any law in respect of accompanied or unaccompanied minor children will result in the minor child/children not being transported and/or refusal by Immigration Officials for such minor child/children to cross any borer into or out of the Republic of South Africa.
5.5. BIG SKY INTERCITY shall be entitled, but not obliged or liable in any way, to obtain the assistance of any law enforcement agency and/or any official appointed in terms of the Children’s Act 38 of 2005 and/or any Immigration Official appointed in terms of the Immigration Act 13 of 2002 and/or any employee or agent of the International Organisation for Migration, to come to the assistance of accompanied or unaccompanied minor children who may be in distress or who is refused transport or entry or exit into or from any border post.
5.6. BIG SKY INTERCITY does not accept any liability or responsibility for any eventuality or any cause of action howsoever arising, that may arise in consequence of any minor child being refused transport or entry or exit at any border post.
5.7. Children younger than 24 months may travel free of charge on the lap of a parent or legal guardian, provided that only one child per parent or legal guardian is allowed.
5.8. Please note that BIG SKY INTERCITY shall be entitled, but not obliged, to interview any minor child or any major person without the interference of any legal guardian, parent or any other person, save for law enforcement officials in the exercise of their duties, and to do all such things it may in its sole discretion deemed necessary to prevent the trafficking of minor children or any person on any of its vehicles.
5.9. BIG SKY INTERCITY is fully committed to the prevention of human trafficking on any of its vehicles and will fully collaborate and co-operate with any law-enforcement agency of any country to prevent human trafficking on its vehicles.
5.10. BIG SKY INTERCITY Collaborates with the A21 Campaign in the prevention of human trafficking. Should any person suspect that any minor child or major person is a victim of hum trafficking please report to the nearest police station or contact the A21 line at +27 (0)21 551 0971 and advise BIG SKY INTERCITY at telephone number +27 (0)83 267 2422 immediately. Further details on human trafficking can be found at www.a21.org
6.1. Unless BIG SKY INTERCITY and a passenger agree otherwise, and at the sole discretion of BIG SKY INTERCITY, each fare-paying passenger is permitted to take, free of charge and AT OWN RISK, two pieces of luggage and goods, each of which does not exceed 80cm x 60cm x 30cm in size, and of a total mass (all luggage and goods combined) not exceeding 20kg ( Saver tickets), 20kg ( Flexi tickets), 25kg (Full Flexi tickets) for domestic departures, and 30kg for cross-border departures.
6.2. BIG SKY INTERCITY reserves the right to charge an additional rate per kilogram for luggage exceeding the abovementioned limits. The kilograms as weighed by BIG SKY INTERCITY’s scales will be the chargeable kilograms.
6.3. BIG SKY INTERCITY reserves the right to refuse the carriage of luggage, goods, or any person in its sole discretion.
6.4. Passengers should obtain a BIG SKY INTERCITY luggage sticker when boarding. Unaccompanied luggage will not be carried.
6.5. Although BIG SKY INTERCITY does everything possible to prevent any loss, injury or death to its passengers, BIG SKY INTERCITY is not liable, to the fullest extent permissible at law, for any loss, damage, death or injury whatsoever and howsoever arising, including but not limited to, claims arising from the transportation or non-transportation of persons or goods or loss or damage to passengers’ luggage, goods, hand luggage, personal effects, personal safety, bodily injury, death or loss of income or profits, and the passenger in accepting the ticket indemnifies BIG SKY INTERCITY to the fullest extent permissible at law against any claims whatsoever and howsoever arising whether direct, indirect or consequential damages, and whether existing, immediate or future loss, damages, death or injury, including any liability that may arise at common law, statutory law, on an equitable basis, natural law, international law, customary law, indigenous law or in terms of any other law or international instrument applicable in any country serviced by BIG SKY INTERCITY.
6.6. BIG SKY INTERCITY does not provide any insurance cover for its passengers, their property or luggage. All passengers should ensure that they are adequately insured.
6.7. BIG SKY INTERCITY will not participate in any way whatsoever in the transport of weapons or any illicit goods, money, or persons, and will co-operate in full with the authorities in any country, to combat crime.
6.8. BIG SKY INTERCITY will not transport the following: weapons, rearms and ammunition (unless arranged and agreed to in writing by BIG SKY INTERCITY), or any explosives, reworks, any illegal items including drugs, substances used to manufacture narcotics and illegal cigarettes, hazardous materials including acids, batteries containing liquid acid, gases in cylinders, flammable, corrosive or caustic materials or products, poisons and radioactive materials or products, live animals, abattoir products, corpses, assembled coffins, perishable goods including, but not limited to meat, fish, any other food or perishable food products (save for food and beverages taken on-board for consumption whilst travelling), dry ice, used fuel tanks, paint.
6.9. Subject to the provisions of clauses 6.7. and 6.8, BIG SKY INTERCITY will transport the following items provided the item(s) are properly packaged and protected: fluorescent signs, sporting equipment (not constituting a weapon of any kind) including bicycles (must be boxed), shing rods and surfboards, televisions, and electronic equipment.
6.10. Large items must be carried in the luggage compartment and loaded only by BIG SKY INTERCITY’s employees, agents or other persons acting for or on behalf of BIG SKY INTERCITY.
6.11. Save for any prohibitions or limitations herein contained, and subject to the terms set out herein, BIG SKY INTERCITY may in its sole discretion agree to transport excess and unusual luggage, provided that same will reach the BIG SKY INTERCITY departure office at least two (2) working days prior to the date of departure and be transported via BIG SKY INTERCITY’s parcel service, at the passenger’s own risk. Although every effort will be made to transport these goods on the same coach scheduled to convey the passenger, BIG SKY INTERCITY reserves its right to transport the goods with any vehicle or by any suitable means. To this end, BIG SKY INTERCITY does not guarantee, or support to agree to any specific arrival times for the goods and BIG SKY INTERCITY does not accept any liability for any loss or damage incurred, or inconvenience caused, for delayed delivery of goods.
6.12. BIG SKY INTERCITY may in its sole discretion and without the giving of any reason, refuse the transport of any goods and no liability shall be attracted by such refusal.
6.13. In the event that BIG SKY INTERCITY is held to be liable for any loss, damage, death or injury by any court with competent jurisdiction, all and any direct, indirect and consequential damages shall in total be limited to an amount not exceeding R10,000 (Ten Thousand Rand) for cross-border travellers, notwithstanding the nominated foreign currency, and the amount of R5000 (Five Thousand Rand) for travelling within the Republic of South Africa. In respect of cross-border travellers, the relevant exchange rate shall be the applicable rate prevailing on the date of actual payment.
6.14. Each fare-paying passenger is allowed to take hand luggage onboard the coach of which the maximum weight must not exceed 7kg and the maximum size is not exceeding: 60cm (L) x 40cm (W) x 30cm (H) + 23cm (H) (including handles, pockets, and wheels). Any luggage that exceeds these dimensions will be deemed normal luggage and will be deducted from you free luggage allowance.
7.1. Passports are compulsory on all cross-border routes and remain the sole responsibility of the passenger. BIG SKY INTERCITY accepts no responsibility for passengers who are not in possession of proper and valid travel documents, or where entry to any country or territory is refused to any person for any reason.
7.2. No passenger shall have any claim of any nature against BIG SKY INTERCITY or its appointed agents, should he/she be prevented from undertaking or continuing with any journey because of the failure to produce any official documents, including travelling documents to any authority.
7.3. Visitors to any of the SADC countries served by BIG SKY INTERCITY including, but not limited to, Botswana, Malawi, Mozambique, Namibia, South Africa, Zambia or Zimbabwe are to ensure they comply with the various health regulations of each destination country and are reminded that these countries may have malaria, or any other conditions that may entail medical risk and may by law or otherwise require certain inoculations, vaccinations, x-ray’s or any other medical precautionary measures to be taken and are advised to consult with a travelling clinic or medical practitioner prior to departing for or from the Republic of South Africa.
7.4. Passengers travelling cross border must take note that certain borders require the production of monetary amounts or bank statements for three months or additional periods, money, or requirements to prove their financial means before being allowed to cross the border.
7.5. Passengers are advised to contact the relevant immigration authorities and to inform themselves of all cross-border requirements. BIG SKY INTERCITY does not accept liability in the event any passenger is refused passage by any border control/immigration or other governmental officials.
7.6. Passengers found in breach of any of the aforementioned terms related to cross-border travel, or with incorrect or incomplete official or other travel documents, proof of monetary means, medical requirement or any other official requirements for cross-border travel, may not be allowed to travel or to continue with their journey, and BIG SKY INTERCITY will have no liability whatsoever to transport them to any destination and passengers shall be liable for their own transport and accommodation arrangements, and no claim shall arise against BIG SKY INTERCITY.
7.7. By accepting the ticket, the passenger is accepting these Terms and Conditions, and the passenger makes the following declaration: I am fully aware of the legal, monetary, and medical requirements and the aforementioned terms related to local and cross-border travel, and I accept my responsibilities in terms thereof. Insofar as I intend travelling across the borders of the Republic of South Africa, I further declare that all travelling and official documents required for myself and any minor child travelling with me are valid and that my passport as well as the passport of any minor child travelling with me has more than 30 (thirty) days before expiry. I furthermore indemnify BIG SKY INTERCITY of any liability towards me or any claim that may arise as a result of my failure in ensuring all travel and official documents are sufficient and valid, or my failure to provide money, or proof of monetary means to any value that may be required by cross-border officials, or any medical precautions as may be required or any other official requirements for cross-border or local travel.
8.1. BIG SKY INTERCITY broadcasts family friendly video and audio material on all coaches, promoting the Christian faith.
8.2. BIG SKY INTERCITY does not guarantee the availability of on-board video and audio material on any coach.
9.1. BIG SKY INTERCITY reserves the right to inspect the ticket, travel documents, luggage, goods, packages and parcels of any passenger.
9.2. BIG SKY INTERCITY reserves the right to refuse to transport or continue to transport, any passenger(s) or their luggage or goods provided that such refusal shall not result in any unfair discrimination.
9.3. BIG SKY INTERCITY will not refuse the transport of passengers merely based on the fact that they are physically challenged.
9.4. Smoking and the use of alcohol or drugs on any BIG SKY INTERCITY vehicle are prohibited and forbidden by law and shall not be allowed on BIG SKY INTERCITY’s vehicles. BIG SKY INTERCITY reserves the right not to transport any passenger who enters any BIG SKY INTERCITY vehicle whilst intoxicated.
9.5. BIG SKY INTERCITY reserves the right to revise seat allocations without prior notice and to operate substitute vehicles of a different standard from those advertised should operational requirements or circumstances so dictate.
9.6. Fares are subject to change without prior notice from BIG SKY INTERCITY. Quotes are valid only at the time the quotation is provided, unless expressly indicated otherwise.
9.7. Should you have a complaint in respect of BIG SKY INTERCITY, you should inform BIG SKY INTERCITY as soon as possible after the incident. BIG SKY INTERCITY will not consider any complaints raised more than 7 days after the incident.
9.8. With the exception of certified guide dogs accompanying blind passengers, no pets will be allowed on BIG SKY INTERCITY’s vehicles.
9.9. Expectant mothers: No passengers are allowed beyond 30 weeks of pregnancy. Passengers beyond 28 weeks of pregnancy must provide a medical certificate confirming their fitness to travel. All expectant mothers shall sign the Indemnity: Expectant Mothers prior to boarding an BIG SKY INTERCITY coach. The form can be obtained where the ticket is purchased, on our website or when boarding a coach.
9.10. Passengers with special needs, including passengers with medical conditions and disabilities, are required to inform BIG SKY INTERCITY before they travel with BIG SKY INTERCITY.
9.11. Passengers with any medical condition, whether chronic or not, are advised to consult a medical practitioner prior to departure.
9.12. The wearing of seat belts is compulsory on all BIG SKY INTERCITY vehicles.
9.13. BIG SKY INTERCITY reserves the right to refuse transport of any minor child or major person in its sole discretion and shall not be liable for and is indented against any loss or damage occasioned by such refusal.
9.14. The terms and conditions set out herein shall be severable of each other and the invalidity of any part of these terms and conditions shall not affect the validity of any other part.