SAFARI OCCASIONS (PTY) LTD

Transcription

1 SAFARI OCCASIONS (PTY) LTD Standard Terms and Conditions Please read the following Terms and Conditions, of the contract between you and Safari Occasions, carefully. Safari Occasions undertakes to provide all services offered subject to the terms and conditions set out herein, which terms and conditions are accepted by the traveller. Definitions In this document the following words will have the following meaning and any reference to the singular will also include the plural: a) Safari Occasions: Safari Occasions (Pty) Ltd Reg. Nr. 2018/020175/07 and any of its subsidiaries. b) Traveller: Individuals, groups, companies or other legal persons using the services offered by Safari Occasions and includes the agents of travellers. c) Services: The provision of accommodations and/or transportation and/or meals and/or any and all other travel services and activities as offered or provided by Safari Occasions and accepted by the traveller. 1. Bookings a) Bookings are confirmed on the condition that a non-refundable deposit of 30% of the total land price is paid to Safari Occasions at time of booking. It is your responsibility to provide us with acceptable proof of payment. b) Please note in respect of flight bookings that 100% payment of the airfare must be made at time of confirmation of your booking failing which the airline shall automatically cancel such booking. c) You will be advised at the time of booking what payment is required for your particular arrangements. The balance of the cost of your travel arrangements must be paid no less than 30 (thirty) days prior to departure. If your booking is made within 60 (sixty) days of departure, the total cost of your travel arrangements must be paid at the time of booking. d) Safari Occasions reserves the right to alter the deposit requirements in instances of specialist products or special individual requirements. 2. Payment Terms a) The full cost of the booking must be paid 45 (forty five) days before departure. Non-payment may result in cancellation of your booking subject to our cancellation policy. b) The normal payment terms are: 30% At time of Booking 20% 120 Days before Departure 50% 45 Days before Departure For non-standard tours and safaris, Safari Occasions reserves the right to change the payment terms, at time of booking, depending on the traveller s special requirements. c) Currency: If payments are made in negotiable foreign currency, you will be responsible for any short payment resulting from exchange rate fluctuations. The exchange rate applied by the official bankers of Safari Occasions on receipt of moneys will be accepted as the applicable rate. d) If the required deposit or final payment is not received by the due date, Safari Occasions reserves the right to cancel your booking and you will forfeit the deposit paid in terms of Clause 1 above. e) The non-issuing of an invoice or non-payment of deposit will not exempt you from these payment terms.

2 f) All payments must be made by credit card, internet transfer (electronic funds transfer) or telegraphic transfer (SWIFT). Payments are normally cleared within five business days. Cash and travellers cheques are not accepted. g) Cheques: Only Bank issued cheques or travel agency cheques (accredited agencies only) are accepted. Please note we require 10 working days to clear all cheques before documents can be issued. h) Payments may be deposited directly into the following bank account: Account Holder: Safari Occasions (Pty) Ltd Bank: First National Bank Account Nr: Branch Code: SWIFT CODE: FIRNZAJJ 3. Price Changes a) Much care has gone into the composition of programs and tours for travellers, however circumstances such as currency devaluation, fuel surcharges or price amendments by suppliers may necessitate changes in costs and tour programs. Should this occur you would be notified as soon as possible. Safari Occasions reserves the right to change the itinerary in such an event and/or raise surcharges to cover such increases in costs. If such increases/changes are unacceptable, you may cancel your booking, though in so doing you are still liable to pay any cancellation charges imposed in the way of cancellation, administration, communication charges etc. b) Should you make a group reservation & subsequently the group numbers deviate from the minimum number required for the booking, Safari Occasions reserves the right to re-cost the price and raise a surcharge. Should you refuse to accept and pay such surcharge, it may result in cancellation of the booking and forfeiture of all payments made. 4. Insurance It is strongly advised that you take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. Safari Occasions will not be responsible or liable if you fail to take adequate insurance cover or at all. It shall not be obligatory upon Safari Occasions to effect insurance for you. Please note that various credit card companies offer limited levels of travel insurance, which Safari Occasions does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain specific details of the cover. You agree that in the event of you failing to purchase adequate insurance cover, you will not hold Safari Occasions responsible for any harm or loss that you may suffer. 5. Air Travel a. Air Fares and seat availability are subject to changes and increases at any time prior to a booking created and issue of tickets. b. Airlines require the full names of the passengers as printed on the passports and won t accept changes once the tickets are booked. For this reason, we require a copy of all passenger passport documents. Safari Occasions does not accept responsibility for incorrect spelling of names, therefore please ensure that you provide us with the accurate information. c. Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions, the need for constant maintenance, and the ability of passengers to check-in on time. There is no guarantee that flights will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations. d. We recommend that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. e. Safari Occasions cannot guarantee any airline seating or meal requests. f. All of your baggage and personal belongings are at all times your responsibility. Safari Occasions will not accept any liability for your misplaced baggage or any loss or damage to your baggage or personal effects. g. Should you cancel your air ticket, the cancellation will be subject to the relevant Airline s terms and conditions applicable to that fare type. Should a refund be granted by the relevant Airline, it may be subject to a delay. Safari Occasions will only be obliged to refund any amounts once it receives them from the relevant airline.

3 h. Where Safari Occasions makes flight bookings for you, Safari Occasions will only provide you with an e-ticket reference number together with a full itinerary, once the air ticket has been fully paid for. i. In the event of a Voluntary Change, you will be responsible for the difference in all applicable fares and taxes. 6. Car Rental Please note that the renter will be required to supply the following information on collection of the rental vehicle: a) Valid Car Rental Voucher (Provided by Safari Occasions). b) Valid Credit Card. c) Passport (International Visitor)/Passport or Identity Document (SA and SADC Residents). d) Valid unendorsed driver s licence. e) Home Address and Telephone Number. f) Local Contact Details. Please note that a rental deposit in the form of a credit card authorisation will be taken at the time of rental to cover any additional charges incurred during the rental. The renter needs to produce a recognized bank credit card. No Debit Cards, including Maestro and Electron are accepted. Foreign Driving licences are acceptable provided the language used (printed thereon) is English and there is a photograph present. Should a licence be in any other language, other than English, we require an International Driving Licence to be produced at commencement of the rental or an official translation by a consulate / embassy. Drivers under the age of 23 years are permitted, provided they have been in possession of a valid unendorsed driver s licence for a minimum of 2 years. A Young Driver Daily Surcharge will apply. South African residents must be a minimum of 23 years of age. In general fuel may not be purchased with a credit card at petrol stations. There are some exceptions where a few petrol stations will accept a credit card for payment of fuel. Each vehicle is refueled by the rental company on termination of the vehicle at the standard government legislation fuel tariff regardless whether the fuel gage indicates that the vehicle is full, as vehicles that are refueled at independent stations are not guaranteed to be filled to capacity. Refuel charges will be for your account. 7. Travel Documents and Itineraries a. Documents (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price, and signed & completed Booking Form, and will be ready 24 hours after payment has been received. b. All documents will be despatched electronically, however if you insist on physical delivery of hard copies, the courier costs in respect thereof will be for your own account. c. It is important that you check all details of your travel documents (including your itinerary) before departure. If there are any inaccuracies on any of your travel documents, or should you have any further queries, you should contact us or your travel agent immediately. Safari Occasions will not be liable for any delay and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof. d. No refunds will be given by Safari Occasions for partly used vouchers or for no -shows. 8. Passports and Visas a. Visitors to South Africa must have a passport that is valid for at least 30 days after the intended departure date from South Africa and 06 months after the intended departure date for the rest of Southern Africa. b. Passports should also have a minimum of two blank passport pages per country visited. The blank pages cannot include the endorsement page at the back of the book. If there is insufficient space in the passport, entry into a country could be denied. If you require a visa, you must ensure that your passport has two blank facing pages one for the visa and one for the entry stamp. Visitors who intend on travelling to South Africa s neighbouring countries and back are advised to apply for multiple entry visas. c. Agents and travellers are required to ensure that all such requirements are attended to as Safari Occasions accepts no responsibility in this regard.

4 9. Cancellations Cancellations made more than 60 days prior to arrival will not normally result in cancellation fees being charged. However; a. Safari Occasions reserves the right to recover any costs incurred or charges received from suppliers up to the date of cancellation. b. In the event of services being cancelled 60 days or less, prior to arrival, the following cancellation fees will apply days to 46 days before commencement of services: 30% total quoted tour price due plus any additional charges levied by suppliers up to date of cancellation days to 31 days before commencement of services: 50% total quoted tour price due plus any additional charges levied by suppliers up to date of cancellation days to commencement of services: 100% total quoted tour price due plus any additional charges levied by suppliers up to date of cancellation. c. Large group programs may attract specific cancellation terms which will be provided when applicable. d. Airline reservations: All airfare reservations are arranged subject to the conditions imposed by the respective airline. e. No shows will be charged 100% of the quoted tour price. f. We recommend that travellers take adequate personal cancellation insurance cover before departure from home. g. For tours that include services of certain suppliers with more stringent policies, e.g. National Parks Board, Blue Train, Rovos Rail, Private Lodges and others, different cancellation fees will be enforceable. These will be provided when applicable. h. The non-issuing of an invoice or non-payment of deposit will not exempt travellers from these cancellation terms. 10. Changes a. Changes by Safari Occasions: Safari Occasions will make every effort to adhere to the confirmed itinerary. However, where Involuntary Changes are significant such as change of accommodation or transportation Safari Occasions undertakes: - To provide a reasonable alternative at no additional cost, subject to the terms and conditions of the relevant Supplier; - In the event that you reject the reasonable alternative provided or should a reasonable alternative not be available, to refund you the monies arising from the Involuntary Changes, subject to the terms and conditions of the relevant Supplier. In the event of refunding you, to assist you in identifying alternative services, subject to all additional costs for the alternative services being for your account. Should you wish to make a Voluntary Change to your booking, Safari Occasions will use its best endeavours to accommodate you. However Safari Occasions reserves the right to charge the applicable cancellation fees referred to in clause 9 as well as an additional administration fee per person per booking amended together with any additional costs arising from the Voluntary Change, including those charged by the relevant Supplier. b. Changes by Traveller: If you wish to make a change to your booking we will endeavour to assist you to make the change wherever this is possible. You will have to pay all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements when amending a booking any time prior to departure. Fares will be re-quoted at the time of amendment. After departure it is understood that extra expenses incurred as a result of any change will be for the traveller s account, and any unused service will not be refunded. Amendments and cancellations must be made with Safari Occasions directly. 11. Indemnity a. Safari Occasions, agents, and sponsoring organizations act only as agent for the suppliers of transportation, accommodations, food, and other goods and services provided to the traveller. All arrangements for transport,

5 accommodations, and services are made upon the express condition that Safari Occasions shall not be liable for any direct, indirect, consequential, or incidental damage, injury, loss, accident, delay, or irregularity of any kind occasioned by reason of any act or omission beyond its control, including, without limitation, any act of negligence or breach of contract of any third party such as an airline, cruise line, train, hotel, restaurant, ground handler, etc., who is to or does supply any goods or services for the tour. Without limiting the foregoing, Safari Occasions is not responsible for any losses or expenses due to delay or changes in schedule, overbooking of accommodations, default of any third parties, sickness, weather, strikes, acts of God, acts of terrorism, war, quarantine, criminal activity, or for any other cause beyond its control. Safari programs may take travellers into close contact with wild animals. Rangers and guides should brief travellers accordingly, however, neither Safari Occasions nor their employees can be held responsible for any injury or accident while on safari. We strongly recommend that travellers take adequate personal travel insurance cover before departure from home. b. All vouchers, receipts and tickets issued by Safari Occasions to you are subject to the Supplier s terms and conditions. c. You indemnify Safari Occasions and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions. d. The traveller, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against Safari Occasions for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the traveller s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour. e. Safari Occasions acts solely in the capacity of an agent for third parties and as such Safari Occasions holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/ dissatisfaction caused by third party products and services. Safari Occasions shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the traveller acknowledging that, in the case of a defective product, it is unreasonable to expect Safari Occasions to have discovered the product failure having regard to Safari Occasions role in arranging access to the third party products and services on behalf of the traveller. 12. Travel with Children All children under the age of 18 leaving and entering South Africa will be required to have an unabridged birth certificate to accompany their passport. If the child is travelling with only one of their parents, the parent will be required to provide a passport and unabridged birth certificate, as well as an affidavit or court order stating that they have permission to travel with their child. Should one of the parents be deceased, a death certificate must be produced. An unaccompanied child requires a passport, unabridged birth certificate, affidavit or court order signed by both parents stating that the child has their permission to travel. In addition, certified copies of the identity document or passport of the person the child is staying with in the destination, as well as contact details and physical addresses are required. 13. Luggage One standard suitcase of 157cm/62 linear inches (length + width + height) and one overnight bag per person is allowed. Safari Occasions accepts no responsibility for loss or damage to luggage or personal property from whatsoever cause arising. Travellers are advised to take up adequate insurance cover. Please note For light/small aircraft travel within Botswana, each passenger is limited to one soft-sided bag, the maximum weight limit is 20kgs (44lbs) per person, plus a typical sized camera bag. Baggage for travel within Namibia and Zambia is typically limited to 15kgs (33lbs) per person in a soft bag, plus a typical sized camera bag. Should passengers arrive with excess baggage without prior warning, their baggage could be delayed as alternative arrangements (at considerable cost to clients) will need to be made. However, should clients know in advance that their baggage will exceed the limit; an extra seat (for the bags) can usually be booked, at additional cost, on the aircraft. Maximum luggage size is 25cm x 30cm x 62cm. 14. Health a. We strongly suggest that travellers take anti-malarial medication prior to commencing travel to malarial destinations. Please consult your doctor/pharmacist for specific medical advice.

6 b. Please note that if you are arriving into South Africa from a yellow fever zone then you will need to provide proof to the South Africa authorities that you have had a yellow fever inoculation. c. If you or any member of your party has any medical problem or disability which may affect your holiday / event, you need to give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation. We reserve the right to cancel the reservation should we become aware of any such medical problem or disability which has not been disclosed. 15. Force Majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of force majeure. In these Terms and Conditions, force majeure means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 16. Complaints and Dispute Resolution In the event that you have any reason to complain, or experience any problems with your holiday / tour or event whilst away, you must immediately inform the supplier of the services in question as well as the Tour Guide. If you are still dissatisfied, you must notify Safari Occasions immediately to enable us to resolve the problem. Failure to give us the opportunity to resolve any problem at the time it occurs may result in either a reduction, or complete extinction, of any rights which you may have to claim compensation. Safari Occasions will give you written feedback within 30 days of your complaint. Although Safari Occasions will make every effort to assist in the resolution of the complaint, it cannot guarantee the satisfactory resolution of complaints for services and products outside of its control and for which it is not responsible. It is therefore specifically recorded that Safari Occasions in no way accepts liability for any claim. 17. Jurisdiction The law of the Republic of South Africa shall govern the relationship between Safari Occasions and the traveller and the Courts of the Republic of South Africa shall have sole jurisdiction in respect of any claims and/or disputes which may arise between Safari Occasions and the traveller, or Agent. 18. Legal This document together with the Safari Occasions standard Booking Form and Safari Occasions Invoice / Itinerary constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, and promise of the like not recorded herein. The traveller acknowledges that he/she has not relied on any matter or thing stated on behalf of Safari Occasions or otherwise that is not included herein. No addition to the Safari Occasions standard booking conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties. All costs and disbursements, including legal costs on the attorney and client scale incurred by Safari Occasions in recovering any damages and payments payable by the traveller/s to Safari Occasions shall be for the traveller/s account. You shall not be entitled to cede any of your rights or assign any of your obligations under this agreement. 19. Client Authority The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, and accepted the Terms and Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as the Traveller ) 20. Visual Presentations Any visual, whether it be a video, a photograph, or an illustration, used by Safari Occasions are copyrighted and are therefore not to be used or replicated in anyway without prior consent by us or the supplier. Visuals reflected on any of our marketing materials or otherwise are a representation only as some images have been enhanced for effect.

7 21. General a. Renovations: Hotels undergo renovations from time to time and take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work, dates may be provided. It is important to remember that these are subject to change, and we are not always notified. b. Charges to your credit card: Any charges made to your credit card whilst away are your responsibility. Safari Occasions will not be responsible, nor accept responsibility for having these charges reversed or corrected. c. Drivers Licence: Even if you have obtained an international drivers licence, please take your national driver s licence with you. d. Confidentiality: Subject to statutory constraints or compliance with an order of court, Safari Occasions undertakes to deal with all client information of a personal nature on a strictly confidential basis. 22. Addresses for Notices and Legal Processes The parties choose the following physical addresses at which documents in legal proceedings in connection with this agreement may be served (i.e. their domicilia citandi et executandi) and at which any written notice in connection with this agreement may be addressed: Safari Occasions: Suite 16, Building 1, Oxford Office Park, 3 Bauhinia St, Highveld Techno Park, Centurion, 0046 Traveller: The address provided by you on the Customer Booking Form. Either of the parties may change this address to another address, by way of a notice to the other party to this agreement, provided that such a notice is received at least 7 days prior to such a change taking effect. Entered into and between Safari Occasions and the Traveller (Full Name).... with ID Number / Registration Number.. Thus signed at:... on this.. day of the month. of the year... Signature. Signature. Full Name and Surname on behalf of Safari Occasions (Pty) Ltd. Full Name and Surname on behalf of the Traveller