Terms And Conditions

1. Introduction

1.1 These Terms and Conditions form the basis of the South African Airways Voyager Programme. They are intended to protect both Members and South African Airways. It is the Member’s responsibility to read and understand them.
1.2 These Terms and Conditions are effective as at the date of publication (April 2006) and may be amended from time to time. Members should refer to www.flysaa.com for future amendments.
1.3 Every Member is subject to these Terms and Conditions. All Members are deemed to have read and unconditionally accepted the General Terms and Conditions governing the Voyager Programme.
1.4 The Terms and Conditions applicable to an Award redemption will be those in force at the time the Miles are redeemed for the Award.
1.5 These General Terms and Conditions of the South African Airways Voyager Programme replace any previous Terms and Conditions and shall prevail notwithstanding any publicity material published by South African Airways or South African Airways Voyager.


2. Definitions
In these Terms and Conditions unless the context otherwise requires:
Active Member at a point in time, means a Member who has earned or spent Miles on their Membership account within the previous consecutive 12-month period from that point in time;
Airline Partner means an airline with which South African Airways has entered into an agreement to provide for Members to earn Miles when flying on certain of that airline’s flights or to spend Miles for travel on certain of that airline’s flights, or both;
Award means any South African Airways Voyager, Star Alliance, airline partner or non-airline partner product or service which has been nominated by South African Airways Voyager or the relevant partner as eligible to be obtained by a Member spending Miles through Voyager, including an Award Certificate, an Award Flight, or a Flight Upgrade;
Award Flight means a flight on South African Airways, Star Alliance or an airline partner, which may be obtained by spending Miles through Voyager subject to these Terms and Conditions;
Base Miles means the number of Miles earned for any activity by a Member on a determined partner (airline/non-airline) excluding any Bonus Miles;
Benefits means any of the facilities, discounts, services or arrangements offered or available to a Member from time to time as a result of membership in Voyager including earning and spending Miles;
Bonus Miles means Miles earned from SAA and promotional offers and contribute towards Mileage accumulation and not towards your Tier Status. The following are categorised as Bonus Miles:

  • Enrolment Bonus Miles
  • Class Of Service (Business/First class) Bonus Miles
  • Appreciation Bonus Miles
  • Tier Activity Bonus Miles
  • Special Promotion Bonus Miles
  • Threshold Bonus Miles
    Class of Service Bonus means additional Miles Awarded for travel in a particular class of travel on an eligible flight;
    Codeshare Flight means a flight where one airline assigns its airline designator code to a flight operated by another airline and the operating airline continues to use its own airline designator on that flight;
    Expiry of Miles means Miles expiring, Voyager Miles are valid for three years after the year in which they are earned;
    Flight Sector means a single non-stop journey from origin to destination;
    Flight Upgrade means the spending of Miles for travel in a cabin, one class higher than the class for the fare paid;
    Member means an individual who is enrolled and accepted in the Voyager Programme;
    Membership Card means the Voyager card that Voyager may issue to the Member;
    Member Guide means the Voyager Membership Guide published from time to time by Voyager, including as published on www.flysaa.com;
    Miles means the currency used in the Voyager Programme pursuant to these Terms and Conditions;
    Non-Airline Partner means an entity, other than an airline, with whom Voyager has entered into an agreement to provide for Members to earn Miles when acquiring certain goods or services (or as otherwise agreed with Voyager) or to spend Miles for certain goods or services, or both;
    PIN means the Personal Identification Number which is issued to the Member by Voyager;
    South African Airways means South African Airways (Proprietary) Limited registration number: 1997/022444/07;
    Star Alliance Partner means any airline that is a current member of the Star Alliance at any point in time;
    Terms and Conditions means these Terms and Conditions, as may be amended from time to time without notice;
    Tier Activity Bonus means additional Miles awarded to Members achieving a particular status level for travel on certain eligible flights;
    Tier Miles are Miles which are awarded to Members and which entitle Members to attain a higher Programme status level or retain a current status level;
    Voyager means the Frequent Flyer Programme operated by South African Airways; Voyager Service Centre means the centre established by Voyager, where members can contact Voyager telephonically;
    Voyager Service Centre means the centre established by Voyager where membership information is processed and the Voyager Programme is administered.

    3. Eligibility of Membership
    3.1 Membership of Voyager is available to individuals in their personal capacity only and as such is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies.
    3.2 Voyager has the sole discretion whether to accept or reject any application for membership.
    3.3 Membership will be established in the individual’s personal capacity and name as it appears on the member’s valid passport and/or official national identification document. Only such Member may earn Miles on this membership number.
    3.4 Any change to Membership details via Voyager Service Centre may only be effected in writing or electronically with proof of valid identification.
    3.5 Only children older than two years are eligible to join the Voyager Programme, provided the application and all transactions are signed by the child’s legal guardian. Miles cannot be earned by children younger than two years old.
    3.6 Only one Voyager membership enrolment per person can be accepted.
    3.7 In the case of a new enrolment, Sectors flown on South African Airways during the immediate preceding 90 days prior to such enrolment may be submitted to Voyager for crediting to such a Member on submission of the required documentation.
    3.8 When utilising any of the services and benefits offered by Voyager, your valid card must be available for verification. If your card is not presented, services and benefits may be denied.

    4. Earning Miles
    4.1 Voyager membership number
    4.1.1 Members must always quote their Voyager membership number when using the services of any of the Voyager partners or making reservations with South African Airways.
    4.1.2 Voyager membership numbers, along with the member’s first name(s) and surname should also be confirmed when collecting airline tickets and upon check-in at the airport and utilising the service of Voyager Programme partners.
    4.1.3 Incorrect Voyager numbers provided when making reservations or during utilisation of the services of any of the Voyager partners cannot be changed at the check-in counters or partner reception desks.
    4.2 South African Airways and Voyager Airline Partners
    4.2.1 Miles are earned when using the services of South African Airways and Voyager airline partners. The rate of earning shall be in accordance with the earning schedule as applicable at any given time.
    4.2.2 The earning schedule is subject to change without notice.
    4.2.3 Members may earn Miles on any eligible fare per flown sector, i.e. any flight for which a separate ticket coupon is issued. For example, a Johannesburg to Cape Town return ticket consists of two coupons: one from Johannesburg to Cape Town, and the second for the return portion. Miles can be accumulated only once per flight, regardless of the number of seats purchased, and the Member must actually fly as a passenger to receive credit.
    4.2.4 Members can earn up to a maximum of 300% Miles per flight, including actual Miles flown and applicable Bonus Miles. The extra Miles count as Bonus Miles and not Tier or Base Miles.
    4.2.5 No Miles shall be earned for industry travel, AD/ID tickets, tour operator tickets, tickets based on unpublished fares, charter tickets, Voyager redemption tickets, compensation tickets, sponsorship tickets, pets and blockedoff aircraft seats.
    4.2.6 Travel on an Upgrade Award or compensation upgrade voucher shall only earn Miles according to the actual fare purchased.
    4.2.7 Voyager reserves the right to debit the account of any Member who has acquired Miles unduly.
    4.2.8 Miles cannot be transferred, assigned, sold or combined with any account or Miles of another person, whether or not that person is a Member of Voyager.
    4.2.9 The Voyager Member needs to decide prior to commencement of travel which Frequent Flyer Programme he would like to earn Miles on, as Miles cannot be transferred from one Frequent Flyer Programme to another nor can Miles be earned on more then one Frequent Flyer Programme on the same flight.

    5. Tier Status and Benefits
    5.1 Only Tier Miles earned on South African Airways and Star Alliance partners, and Sector Tiering on South African Airways shall determine a member’s Tier for Silver, Gold and Platinum status. Sector Tiering is earned by flying the required sectors in Premium Economy (Y) or Business class in any of the three distance based zones. Only flights operated by South African Airways count towards Sector Tiering.
    5.2 To earn Lifetime Platinum status you will be required to earn a 100 000 Tier Miles or the required sector criteria for Platinum Status on the services of South African Airways, for six consecutive years. Flight activity on Star Alliance Carriers will not count towards Lifetime Platinum Status.
    5.3 All Tier benefits are only available if travelling on South African Airways, unless otherwise specified by a partner and/or subject to Star Alliance Tier Benefits. These benefits are only applicable to the travelling member.
    5.4 No Tier benefits are applicable when travelling on AD/ID tickets.

    6. Cancelled South African Airways flights and involuntary transfers
    6.1 Should a Member be transferred to another South African Airways flight, which is different from the issued ticket, only the corresponding Mileage of the new flight will be accrued to the member’s account.
    6.2 In the event of being involuntarily transferred to another airline not affiliated with Voyager, the Member can request the corresponding Miles of the original South African Airways ticket, provided the cancellation was due to a condition within the control of South African Airways. This includes mechanical, and similar situations, but excludes circumstances beyond South African Airways’ control, but not limited to: weather, earthquake, fire, labour stoppages or strikes, civil unrest and closed airports. To receive credit for the Miles, the Member is required to send a brief description of the incident with a copy of the relevant ticket and the original boarding pass to the nearest Voyager Service Centre within 90 days of the event occurring.

    7. Non-Airline Voyager Partners
    7.1 The individual non-airline partners determine rates and/or transactions eligible to earn Miles.
    7.2 Missing Miles with regards to non-airline Voyager partners may be credited provided that a legible copy of the partner transaction record or invoice is submitted to Voyager 30 days prior to the expiry of the six-month required time frame.

    8. Financial Services
    8.1 Members may earn Miles on qualifying purchases on Voyager-linked credit cards affiliated to our financial institution partners, and on Voyager Credit Cards.
    8.2 Certain services or transactions such as, but not limited to, cash advances, traveller’s cheques, administration and service fees, any purchase made in a casino, electronic transfers and insurance premiums do not qualify to earn Miles.

    9. Claiming Missing Miles
    9.1 Legible original copies of airline tickets, e-ticket confirmation and original boarding passes as well as all partner invoices should be retained until the Miles are reflected on the member’s Voyager Mileage Summary.
    9.2 For all South African Airways flights, the option exists for members to claim missing Miles via our website or via our IVR, this facility is PIN driven.
    9.3 Miles should reflect on member’s Mileage Summary within 15 days of using the services of South African Airways, and within 45 days of any partner activity.
    9.4 If Miles for an activity are not reflected, members must submit the relevant documents mentioned above, not later than 30 days prior to expiry of the required time frame, to the nearest Voyager Service Centre to be updated accordingly. Altered documents are not acceptable.
    9.5 Credit for missing Miles on Voyager, a Star Alliance or participating airline partner may be given, provided that a legible copy of the ticket and original boarding pass for the flight in question is submitted to Voyager. Documents older than six months from date of travel cannot be credited.
    9.6 For travel with electronic ticketing, payment receipts are accepted together with original boarding passes.
    9.7 Once documents are submitted, they cannot be returned to the member as we require them for auditing purpose.

    10. Expiry of Miles
    10.1 All Voyager Miles earned are valid for three years after the year in which such Miles were earned. For purposes hereof a year is calculated from 1 April to 31 March.
    10.2 If a minimum of 5 000 Tier Miles (Tier Miles earned on South African Airways flights only excluding other affiliated airlines) have been flown for the period January – December preceding the date of expiry, the Miles will be carried over into the following year, thereby extending the validity for one additional year only. Effective 1 January 2011, members are able to extend their expiring Miles for a year further if they fly 3 000 Miles on SA Express for the period January – December preceding the date of expiry.

    11. Conditions of Travel
    11.1 Travel on South African Airways and on Voyager airline partners will be subject to the appropriate carrier’s filed tariffs and standard conditions of carriage.
    11.2 South African Airways is not responsible for the failure of Voyager partners to provide any services.

    12. Voyager Partners - General
    12.1 Eligibility of a Voyager Member includes acceptance that South African Airways has contractual agreements with Voyager partners.
    12.2 South African Airways reserves the right to decide if and how it will enforce any of its rights in terms of these contractual arrangements.
    12.3 These agreements can also be changed at any time by agreement between South African Airways and respective Voyager partners.
    12.4 Members therefore have no rights against South African Airways if a partner in any manner breaches its contractual obligations to South African Airways, or refuses to grant members any Miles, membership benefits or Awards. South African Airways will only credit members with Miles, membership benefits or Awards, if the partner acknowledges that such is due to the member.
    12.5 South African Airways may, at its discretion add to or reduce the number of Voyager partners or vary any terms conditions and or services applicable to any partners with or without notice.

    13. Spending Miles
    13.1 General
    13.1.1 Air awards are valid for six months from the date of issue and non-air awards are valid for three months from date of issue. Your airline ticket or partner voucher must be issued before the Award expires.
    13.1.2 Voyager Awards may be exchanged for a confirmed flight, class upgrade, a special event or activity, accommodation, car rental or life style Award in accordance with the Award chart in the Voyager Member Guide.
    13.1.3 South African Airways is the sole authority with respect to the redemption and/or issuance of Voyager Awards.
    13.1.4 Voyager Awards and Award tickets are not redeemable for cash or any other consideration.
    13.1.5 Awards or Miles may not be sold, bought, bartered or pooled. If determined that any Awards or airline tickets have been obtained in this manner, they will be deemed void and confiscated and all members concerned may be disqualified from further participation in the Programme.
    13.1.6 The Member can make use of the Mileage Purchase Option if they are short of Miles for an Award. The Member may purchase up to 50% of Miles needed for an Award at the cost of R250 per 1 000 Miles. Payment has to be made by credit card. Such Miles are sold in nominations of 1 000.
    13.1.7 The Member may request an Award for their personal use or anyone else they designate. However, the Member bears the sole responsibility for the use of the Awards.
    13.1.8 Voyager Awards and tickets are not transferable.
    13.1.9 Voyager reserves the right to request proof of identification of any person making use of any services or benefits of the Voyager Programme and may refuse services in the absence of such identification.
    13.1.10 It is the responsibility of each Member to keep track of any and all redemptions made against their account.
    13.1.11

    No Award disputes will be considered unless notified in writing within 90 days of the date the Award was issued. A signed, written request, along with a copy of the member’s ID or passport must be sent to Voyager Programme Compliance Division, Isando, South Africa, 1600. No telephonic or e-mail requests will be accepted. 

    13.1.12 No Miles will be refunded or credited back to the Voyager account if the member/passenger changes any confirmed and ticketed travel arrangements and travels in a lower class (irrespective of whether the travel is in a lower class at the election of the member/passenger or because there are no available seats on the new flight in the originally booked class).
    13.2 Award Availability
    13.2.1 All Awards are subject to capacity control and/or blackout periods as applicable from time to time, subject to change without prior notice.
    13.2.2 Seats for Awards may not be available on all flights, and may only be booked in specified classes.
     
    13.3 Requesting Awards
    13.3.1 Awards may be redeemed telephonically by calling the Voyager Service Centre or online at www.flysaa.com. This is a PIN-driven process.
    13.3.2 Awards are processed during the respective office hours. For further convenience please refer to www.flysaa.com.
    13.3.3 A signed written request accompanied by a copy of the member’s valid identification document and authority for payment of any applicable fees is required for any Award to be issued, which can be mailed, faxed or e-mailed to the nearest Voyager Service Centre.
    13.3.4 Awards should be requested 14 days before the travel date.
    13.3.6 To facilitate the payment of the amount, a completed and signed credit card authorisation form must accompany the Award request before the Award will be processed. These are obtained by e-mail or fax from any Voyager Service Centre. This rule does not apply when Awards are requested telephonically or online at www.flysaa.com.
    13.3.7 Please note that delivery time is not included in the minimum 14 days.
    13.3.8 Postal delivery by normal mail is at the member’s own risk.
    13.3.9 South African Airways is not liable for any delays of travel date(s) or delays in processing Awards as a result of insufficient documents, processing time or delivery time allowed.
    13.3.10 If a Member is legally incompetent, their legal guardian must sign for the Award request. In some circumstances further documentation may be required.
    13.3.11 The Member must have sufficient Voyager Miles for the Award required. The relevant number of Miles will be withdrawn from the member’s account in accordance with the Award selected as described in the most recently published Awards Chart.
    13.3.12 Most Awards are automated. Once the Miles are withdrawn from the member’s Voyager account, the relevant details are inserted into the reservation system’s reference. However Non Air Award details are electronically forwarded to the relevant partner.
    13.3.13 All Non-Air Awards may be requested via dedicated Voyager Service Centres.
     
    13.4 Issuing your Award tickets
    13.4.1 Within the borders of South Africa, any authorised person with access to www.flysaa.com or any South African Airways ticketing office or Voyager Service Centre may issue Award airline tickets (Service fees may be applicable).
    13.4.2 Outside the borders of South Africa, only South African Airways ticketing offices are authorised to issue South African Airways and Star Alliance Partners Award airline tickets. tickets. Members have an option to issue an electronic ticket via www.flysaa.com. (Not all airports outside South Africa have ticketing facilities, especially where South African Airways employs other airlines to render services at the airports on behalf of South African Airways.)
    13.4.3 Members are responsible for and must settle all relevant airport taxes and any additional relevant fees that are due for payment when collecting their airline ticket.
    13.4.4 Voyager Award tickets for travel within the borders of South Africa are valid for six (6) months from the date of first travel (first departure date) and travel must be completed within this period.
    13.4.5 Voyager Award tickets for travel outside the borders of South Africa, are valid for twelve (12) months from the date of first travel (first departure date) and travel must be completed within this period.
    13.4.6 Award tickets for confirmed bookings must be issued according to ticket time limit rules and regulations.
    13.4.7 No Paper Ticket will be issued on E-Ticketable Routes.
     
    13.5 Flight routings applicable to Awards
    13.5.1 All flight Awards are issued for confirmed journeys. Subject to applicable airline terms and conditions.
    13.5.2 Flight Awards are only issued between the two cities served, as defined in the published Award Charts, using the most direct route.
    13.5.3 On SAA Regional (Africa and Indian Ocean Islands) and International airline Award tickets, one en-route stopover along the direct route is permitted, in addition to the point of turnaround.
     
    13.6 SAA Award Travel Conditions
    13.6.1 Only one Voyager Award may be used per passenger, per flight. Awards cannot be combined.
    13.6.2 Voyager Awards may not be used with any other discount or promotion.
    13.6.3 Flight Awards must be on flights operated by the airline specified in the published Award charts.
     
    13.6.4 In the event of flight cancellations:
    13.6.4.1 The passenger will be transferred to the next available flight with the Voyager airline partner specified on the Award ticket.
    13.6.4.2 The passenger will travel in the class of service actually purchased (passenger’s original airline ticket purchased), and not the upgraded class, when travelling with a Voyager Upgrade Award.
    13.6.4.3 The Member must submit a request for the unused Award to a Voyager Service Centre so that the unused Miles can be credited to the member’s Voyager account. This must be accompanied by documentation of the circumstances, including original boarding passes and copy of the airline ticket(s).
    13.6.5 Award travel is subject to all governmental and regulatory approvals.
     
    13.7 Upgrade Awards
    13.7.1 These may be used in conjunction with individual specified fare (Y,B,M and K).
    13.7.2 Members must adhere to all restrictions of the original fare (ticket) purchased.
    13.7.3 Upgrade Awards may only be to the next higher class, for example, from Economy to Business class. Members cannot upgrade further to First Class – neither with Miles nor cash.
    13.7.4 Members must purchase confirmed tickets in the lower class of travel, then request the relevant Upgrade Award. Once the applicable Miles have been withdrawn from the member’s Voyager account, the change to the reservation will be made and the Member can then arrange to have the airline ticket re-issued accordingly.
    13.7.5 Exclusive Domestic Upgrade Award is only applicable to Lifetime Platinum, Platinum or Platinum Elect members. Upgrades are applicable to sponsored bookings as well.
    13.7.5 (a) Withdrawal of 10 awards certificates must be done prior to processing of the upgrade booking through www.flysaa.com only.
    13.7.5 (b) Award certificates may be used in any order and not necessarily in sequence.
    13.7.5 (c) Subject to seat availability.

    Definitions
    In these Terms and Conditions unless the context otherwise requires:
    Active Member at a point in time, means a Member who has earned or spent Miles on their Membership account within the previous consecutive 12-month period from that point in time;
    Airline Partner means an airline with which South African Airways has entered into an agreement to provide for Members to earn Miles when flying on certain of that airline’s flights or to spend Miles for travel on certain of that airline’s flights, or both;
    Award means any South African Airways Voyager, Star Alliance, airline partner or non-airline partner product or service which has been nominated by South African Airways Voyager or the relevant partner as eligible to be obtained by a Member spending Miles through Voyager, including an Award Certificate, an Award Flight, or a Flight Upgrade;
    Award Flight means a flight on South African Airways, Star Alliance or an airline partner, which may be obtained by spending Miles through Voyager subject to these Terms and Conditions;
    Exclusive Domestic Upgrade Award - is available for the elite customer group (Platinum and Lifetime Platinum). When they fly on any SAA Domestic flight, they will get a 25% discount for their upgrade to Business Class. Seats are available 48 hours prior to departure until the day of departure. Members will be able to withdraw the certificates at any time in denominations of 10 via our website, which will be valid for 1 Domestic sector at a time. See point 13.7.5.(a)-(c)
    13.8 Change of Awards, unused Awards and Redeposits
    13.8.1 Once Award tickets have been issued, they are not transferable.
    13.8.2 Award Miles are only reversible within 30 days of issue. HealthSpa Lifestyle awards are non-reversible.
    13.8.3 If a member needs to change an Award Ticket that has already been issued, a fee of R185.00 will be charged with the exception of Platinum and Lifetime Platinum Members.
    13.8.4 Payment may only be made by credit card when dealing with South African Airways Voyager Service Centres. Details of the credit card, number, issuing bank, and card expiry date are required. A credit card authorisation form must be completed (obtainable from Voyager) to validate any credit card payment.
    13.8.5 If expired Miles are included in an Award to be reversed, these Miles will not be redeposited, and therefore are considered void.
    13.8.6 If an Award expires all the Miles that were used to obtain the Award will also expire, even though the Miles used for the Award were not yet due to expire. No exceptions will be made.
    13.8.7 No processing fees will be refunded.
    13.8.8 Award tickets cannot be changed or endorsed by another carrier unless otherwise specified.
    13.8.9 No changes will be made once travel has commenced. 
    13.8.10 Should a member need to change flight routing, and zones, the Award needs to be reversed and re-issued for the new flight.
    13.9 Stolen Awards and Airline Tickets
    13.9.1 Lost and destroyed Awards or tickets will not be replaced or credited.
    13.9.2 Stolen Award tickets may be replaced at the sole discretion of South African Airways upon completion of an indemnity form and payment of any applicable administration fee at a South African Airways Service Centre. A police case number or report must be supplied to validate the claim.

    14. Chauffeur-driven Service
    14.1 The Chauffeur Service is available exclusively to Lifetime Platinum cardholders irrespective of class of travel.
    14.2 This service is also available to Platinum cardholders, when travelling on Business Class and specified fare booking classes in Economy.
    14.3 This benefit is available to the Member and one guest per vehicle on qualifying International SAA operated flights, excluding flights to and from Africa and the Indian Ocean Islands.
    14.4 This service will only be valid for flights that are confirmed, not for waitlisted flights.
    14.5 For the use of this service please refer to terms and conditions applicable to Chauffeur Service or refer to www.flysaa.com.

    15. Modification and suspension rights
    15.1 South African Airways reserves the right to modify or suspend the Voyager Programme, or any aspect thereof, without notice; and/or cancel the Programme in its entirety with six months notice to active members.
    15.2 Voyager reserves the right to cease mailing of the Voyager Programme updates and related materials to any Member who has not accumulated Mileage for a four month period.
    15.3 No Voyager information shall be forwarded to inactive members.
    15.4 Cities served and flight schedules may be changed or cancelled at any time at the discretion of South African Airways and Voyager partners, with or without notice.
    15.5 South African Airways and participating Voyager partners reserve the right to exclude certain fares, rates, services and/or programmes from earning Miles.
    15.6 Voyager participation is subject to all laws, government or other regulatory rules, policies, procedures and requirements as applicable from time to time.

    16. Disqualification and suspension of members
    16.1 South African Airways reserves the right in its sole and absolute discretion to suspend or terminate any Voyager account and/or to disqualify anyone from participating or further participating in the Voyager Programme at any time.
    16.2 Members shall adhere to and strictly comply with all terms, conditions, rules and regulations applicable to the Voyager Programme and South African Airways or any partner airlines terms and conditions of carriage for passengers and baggage and shall be courteous and respectful in dealing with any staff, agents or employees of South African Airways and partner airlines. Any breach, abuse or misuse of any of the aforementioned and/or any Voyager benefits shall:
    16.2.1 entitle South African Airways to forthwith suspend and/or disqualify such Members from participation or further participation in the Voyager Programme and to cancel all previously accumulated Miles;
    16.2.2 be without prejudice to any other rights or remedies as may be available to South African Airways, whether at law, delict or otherwise; and
    16.2.3 render the Member liable for all legal costs and expenses as may be incurred by South African Airways pursuant thereto.
    This right includes the fraudulent acquisition of Miles or Awards.
    16.3 If South African Airways determines that a flight ticket has been acquired by means of a Voyager Award for which a passenger or Member does not qualify or has inter alia been bought, sold, bartered, pooled or stolen, the Award and or ticket will be cancelled, confiscated and not honoured. The traveller will be liable for payment of a full-fare return journey. Individuals selling or bartering Voyager Awards may be liable for damages and litigation costs and their participation in the Voyager Programme may be terminated.
    16.4 South African Airways reserves the right to audit and suspend any Voyager account until such audit is completed.

    17. Deceased Voyager Members
    17.1 Voyager must be informed of the member’s death and a valid death certificate, medical report and a copy of the deceased member’s last will and testament must be submitted to the nearest Voyager Service Centre.
    17.2 Accumulated Miles from the deceased member’s account cannot be split among family members unless specified in the member’s last will and testament, nor be combined with any other Voyager membership number.
    17.3 However, the deceased member’s beneficiaries may request Awards from the deceased member’s account, provided that there are sufficient unexpired Miles available.
    17.4 The beneficiary cannot transfer the Awards mentioned above to a third party.
    17.5 If the beneficiary dies, the account reverts to South African Airways.
    17.6 No Miles will be credited to the Voyager Member’s account after the date of death as stated on the death certificate or medical report.

    18. Lost or damaged luggage tags and/or replacement membership cards
    18.1 These will be replaced at a cost of R100 per set of two luggage tags or per membership card.

    19. Postal and courier responsibility
    19.1 South African Airways cannot be held responsible for postal delays or for items lost or damaged in the post.
    19.2 Voyager takes no responsibility for any disruption or loss of Programme updates or literature, as well as submitted documentation due to postal/ courier service failure or strike.

    20. Exclusion of liability
    20.1 South African Airways will not assume responsibility to the Member (or any person nominated by them for an Award) for any indirect, consequential or special damages, howsoever caused, whether arising from any act or omission of South African Airways, or any third party for whom South African Airways is vicariously responsible (contractually or otherwise).

    21. Limitation of liability
    21.1 Any claim the Member or the holder of any Award issued may have against South African Airways:
    21.1.1 May only be brought in the Supreme Court of South Africa, Witwatersrand Local Division, the jurisdiction of which the Member consents; and
    21.1.2 Shall be the lesser of the actual loss suffered or R500, which may be discharged by South African Airways in its discretion, by the Awarding of accrual Miles equivalent to the amount Awarded.

    22. No representations
    22.1 Members may not rely on any representation or term express, understood or implied, which allegedly induced them to become a Member of the Voyager Programme, unless such representation is recorded herein or in writing and signed by a duly authorised representative on behalf of South African Airways.

    23. Variation, cancellation and waiver
    23.1 Subject to the provisions of Article 15, South African Airways shall be entitled to amend or revise the Voyager Programme terms and conditions at any time.
    23.2 No contract varying, adding to, deleting from or cancelling of this agreement (and no waiver of any right under this agreement) may be claimed by the Member unless such is in writing and is signed by or on behalf of South African Airways by a duly authorised representative.

    24. Cession
    24.1 Members may not cede their rights nor delegate their obligations at any time, except as expressly set out herein.

    25. Applicable law
    25.1 This agreement shall be interpreted and implemented in accordance with the law of the Republic of South Africa.

    26. Conflicts and ambiguities
    26.1 If there is any conflict between these terms and any other terms, rules or regulations of the Voyager Programme, or any Awards thereunder, or if there is any ambiguity, inconsistency or omission, it shall be referred to the Head of Voyager. His/Her decision on this matter shall be final and binding on the member.

    27. Electronic communications and transactions
    27.1 Privacy policy
    27.1.1 Voyager endeavours to protect a user’s privacy.
    27.1.2 No personal information will be disclosed to third parties without the user’s permission or due process, however, Voyager may share personal information with business partners.
    27.1.3 Voyager gathers, and will be, in possession of the following private and personal information of users and passengers:
    27.1.3.1 Information provided by the user voluntarily - this information is used to provide a better service to users; and
    27.1.3.2 Information automatically provided (e.g. cookies) – this information is gathered to better your browsing and interaction with Voyager. Cookies cannot harm your computer or carry viruses.


    27.2 By using www.flysaa.com the user consents to the following:
    27.2.1 Voyager may use your personal information to communicate with the user from time to time;
    27.2.2 Users may indicate if they do not wish to receive such communications;
    27.2.3 www.flysaa.com may use user’s information for non-personal statistical purposes;
    27.2.4 www.flysaa.com retains the copyright in databases of personal information of users; and
    27.2.5 Voyager may share user’s information with business partners for commercial reasons.
     
    27.3 Security of information
    27.3.1 All reasonable steps will be taken to secure a user’s information.
    27.3.2 Users undertake not to divulge their user name and passwords or personal identification number to any other person. Should members divulge such information, SAA accepts no responsibility for losses.
    27.3.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on www.flysaa.com to deliver or attempt to deliver any unauthorised damaging or malicious code to the website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the website or attempts to gain unauthorised access to any page on the website shall be held criminally liable, and in the event that Voyager should suffer any damage or loss, civil damages will be claimed.
     
    27.4 Disclaimer
    27.4.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, www.flysaa.com shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website or the services or content provided from and through the website. Furthermore, www.flysaa.com makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from the website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
    27.4.2 The website is supplied on an ‘as is’ basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy him/herself prior to entering into this agreement with www.flysaa.com that the service available from and through the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
    27.4.3 Information, ideas and opinions expressed on www.flysaa.com should not be regarded as professional advice or the official opinion of www.flysaa.com and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the site.
    27.4.4 All items purchased from www.flysaa.com are made pursuant to agreements with shipping and delivery agents and risk of loss pass from www.flysaa.com to such agents upon delivery of any item to such agents or its partners.
    27.4.5 Neither www.flysaa.com nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the website.

 

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