AFRICASAFARIS PTY LTD 2018/ Trading as: Africabig5safaris and Tours
1. INTRODUCTION AND DEFINITIONS
1.1. The Company: Refers to AFRICASAFARIS PTY LTD, trading as Africabig5safaris and Tours.
1.2. The Client: Refers to the person, firm, or company booking a tour or safari with the Company.
1.3. The Booking: Refers to the safari, tour, or travel arrangements confirmed by the Company.
1.4. Supplier: Refers to third-party providers, including lodges, parks, airlines, and transport providers.
2. THE CONTRACT
2.1. A binding contract is formed between the Company and the Client once the Company has received the required deposit and issued a written booking confirmation.
2.2. By making a payment, the Client acknowledges they have read, understood, and accepted these Terms and Conditions on behalf of all persons included in the booking.
3. PAYMENT TERMS AND SEQUENCES
3.1. Deposit: A non-refundable deposit of 50% of the total tour price is required to secure a booking.
3.2. Final Payment: The remaining 50% balance is due no later than 40 days prior to the commencement of the tour, unless otherwise stated on the proposal itinerary.
3.3. Late Bookings: For any booking made within 40 days of departure, 100% full payment is required immediately upon confirmation.
3.4. Failure to Pay: If the balance is not received by the due date, the Company reserves the right to cancel the booking and retain the non-refundable deposit.
4. CANCELLATION BY THE CLIENT
Cancellations must be received in writing via email. The following cancellation fees apply:
- 41 days or more before arrival: 50% of the total price (deposit forfeited).
- 40 to 15 days before arrival: 75% of the total price is forfeited.
- 14 days or less before arrival (or no-show): 100% of the total price is forfeited.
- Note: Specific supplier or lodge cancellation terms may take precedence if they are stricter than those above
5. ALTERATIONS AND ITINERARIES
5.1. While every effort is made to adhere to the confirmed itinerary, the Company reserves the right to make changes to routes, accommodation, or vehicles should local conditions, safety, or availability require such changes.
5.2. If a major change is made (e.g., change of date or destination), the Client will be notified immediately and offered an alternative of similar value.
6. LIABILITY AND INDEMNITY
6.1. The Company acts as an agent for third-party suppliers (lodges, parks, etc.) and shall not be liable for any injury, loss, death, or damage caused by the acts or omissions of such suppliers.
6.2. Assumption of Risk: The Client acknowledges that safaris involve travel in wild areas and interaction with wild animals, which carry inherent risks. The client voluntarily assumes these risks.
6.3. Waiver: The Client indemnifies the Company, its directors, and staff against any and all claims for loss, injury, or death, except in cases of proven gross negligence.
7. INSURANCE
It is highly recommended that the client have comprehensive travel insurance. This insurance must cover medical emergencies, emergency evacuation, theft, and trip cancellation. The company is not responsible for any costs incurred due to inadequate insurance coverage.
To ensure we can provide the highest level of emergency support in remote areas, all guests are required to have basic medical and evacuation cover. If you don’t have a policy, we can recommend affordable ‘per-day’ safari insurance.
8. TRAVEL DOCUMENTS AND HEALTH
8.1. It is the Client’s sole responsibility to ensure they hold valid passports, visas, and health certificates (e.g., yellow fever and malaria precautions) required for entry into the destination country.
8.2. The Company will not be held liable for any loss or costs incurred due to the Client’s failure to comply with immigration or health regulations.
9. COMPLIANCE AND POPIA
9.1. The Company complies with the Protection of Personal Information Act (POPIA). By booking, the client consents to the company processing personal data for the purpose of making travel arrangements. 9.2. Consumer Protection Act (CPA): These terms are drafted to be fair and transparent in accordance with the CPA.
10. JURISDICTION
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising from this contract shall be subject to the jurisdiction of the South African courts.