AFRICAN INSPIRED SAFARIS (PTY) Ltd BOOKING TERMS AND CONDITIONS
- APPLICATION
African Inspired Safaris (PTY) LTD, is a company registered in the Republic of South Africa under registration number 2022 / 455393 / 07. Our head office is located at 1 Church Square, Leisure Isle, Knysna, South Africa.
African Inspired Safaris (PTY) Ltd is hereby referred to below as African Inspired Safaris. Any mention of “us” ; “we” or “our” refers to African Inspired Safaris (PTY) Ltd. African Inspired Safaris will hereby be known in the terms and conditions below as African Inspired Safaris. All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of African Inspired Safaris (PTY) Ltd are subject to these terms and conditions
- AGREEMENT
The information contained on the African Inspired Safaris site and quotations is an invitation to do business and not an offer. If you forward an offer to us, African Inspired Safaris shall indicate their acceptance thereof by return email. African Inspired Safaris acts herein as an agent for our respective business partners and therefore any agreement resulting from the acceptance of an order is deemed to be an agreement between the relevant business partner/s and yourself.
- THE CLIENT AND 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/s in whose name the estimate or quotation or reservation is requested and/or provided and/or the person/s to whom the services are rendered (collectively referred to as ‘the Client’).
- THIRD PARTY SERVICE PROVIDERS
African Inspired Safaris does not own, manage or operate aircraft, transport, hotels or lodges and merely facilitates your access to and use of such facilities. We provide Clients with travel and/or other services acting as agents for principals such as airlines or hotels etc. (‘collectively referred to as ‘the Principal’). We represent the Principal as agents only and accordingly accept no liability for any loss, damage, injury or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil its obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal.
- BOOKING, DEPOSIT & RESERVATION
African Inspired Safaris will prepare a quotation for the proposed travel arrangements. A non-refundable deposit as specified in the quotation is required in order to confirm reservations with Principals, subject to payment of the balance of the price in due course as specified herein. We will not confirm any reservation if the deposit and a Booking Confirmation Form signed by the Client are not received. Should clients not sign and return the Booking Confirmation Form but make the deposit payment, they will be automatically deemed to have accepted our Standard Terms and Conditions. The deposit is accepted as part of the inclusive price as specified in the invoice, and will only be refunded if the application cannot be accommodated. Deposits need to be received within 24 hours of receipt of the quotation to prevent airlines from cancelling seats. Should an airline cancel a client’s seats due to non-payment within 24 hours, the client will be responsible for the difference in seat price, should we be unable to reinstate the booking on the original seat class.
- PAYMENT AND PAYMENT TERMS
A non-refundable deposit (‘the Deposit’) equivalent to 50% of the land arrangement costs of the Proposed Travel Arrangements (‘the Price’) plus the full amount including taxes for the air travel portion is required in order to confirm the Booking, subject to payment of the balance of the Price in due course as specified. The balance of the Price is due not less than 30, 45 or 60 days prior to the date of departure. Where a property insists on payment of a higher deposit than 50% to confirm the reservation or a period longer than the standard 30 days for full payment to be made, then these higher amounts/longer periods will then be applicable. Bookings made within 30 days of the arrival date must be paid in full immediately. If the final payment is not received on time, the travel documents can be delayed or African Inspired Safaris may cancel the booking. Late payment may also result in cancellation of the reservation by the Principal. If you fail to make the final payment on or before the due date, your booking will be cancelled and you will forfeit the relevant deposit paid.
Payment Methods:
EFT Transfers: African Inspired Safaris accepts EFT transfers into one of our bank accounts which is on the invoice, subject to the condition that the EFT transmission report is provided to ourselves and such payment has been confirmed as received by ourselves. Client needs to enable immediate clearance if making payment less than 4 days prior to departure.
SID Secure EFT: African Inspired Safaris accepts payment by SID Secure EFT. This can be found on the invoice. Client needs to enable immediate clearance if making payment less than 4 days prior to departure.
Credit Cards: African Inspired Safaris accepts payment by credit card via our paygate link. This can be found on the invoice. Bookings made less than 4 days prior to departure will have to be paid via EFT with immediate clearance, no exceptions will be made.
Cheques/Cash: No cheque or cash payments are accepted
- PRICES
Prices are quoted at the ruling daily exchange rate. Until African Inspired Safaris has received payment of the price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by African Inspired Safaris. Should the Client be a group booking and the group number deviates from the number required for the booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal cancelling the booking and retaining any payment made. (African Inspired Safaris will be entitled to retain any service fees charged). Should any unavoidable price increases or additional charges be affected by the airlines, Principal or third parties, we will be entitled to recover such costs from the client on invoice to this effect.
- AMENDMENTS
Should the client amend their booking at any stage, either in the form of a date change, itinerary amendment or any change whatsoever, African Inspired Safaris reserves the right to charge an amendment fee per booking. One itinerary amendment is free, thereafter each change may be liable for a charge of R300 per booking, over and above the tour cost.
- RESPONSIBILITY
The Proposed Travel Arrangements are made on the express condition that African Inspired Safaris, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur. The Client indemnifies and holds harmless African Inspired Safaris, its employees and agents accordingly. African Inspired Safaris, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
- INSURANCE
It is strongly advised that all Clients 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 (note that is not an exhaustive list). African Inspired Safaris will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon African Inspired Safaris to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by African Inspired Safaris pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and African Inspired Safaris shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which we do not consider sufficient cover. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
- TRAVEL DOCUMENTS
Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full. All vouchers, receipts and tickets issued by us to you are subject to the Principal’s terms and conditions.
- PASSPORTS, VISAS & HEALTH
It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with us before travelling. We will endeavour to assist the Client but such assistance will be at our discretion and the Client acknowledges that the Client remains responsible for meeting these regulations, that we are not assuming any obligation or liability, and the Client indemnifies African Inspired Safaris against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.
- CANCELLATION
The Principals or African Inspired Safaris may reserve the right to cancel any tour before departure, in which event the entire amount received by it will be refunded to the Client without any further obligation on the part of African Inspired Safaris. In the event of the Client cancelling the Booking with the consent of African Inspired Safaris, then over and above such cancellation fees as each airline may charge and for which the Client is liable, the following cancellation charges will apply:
More than 30 days prior to departure – Non-refundable deposit paid
Less than 30 days prior to departure – 100% of Land Arrangements Cost
Cancellations of bookings by the Client must be done in writing, (WhatsApp is not accepted). Where cancellations are sent by email, you must obtain an email proof of receipt and retain written acknowledgement of receipt from us. In the occasional instance where African Inspired Safaris is able to obtain waivers of cancellation fees and/or secure an ex-gratia refund from suppliers, African Inspired Safaris will pass this onto you, less a service fee. African Inspired Safaris makes no guarantees as to securing such waivers or refunds. African Inspired Safaris will make every effort to avoid misquotation. We reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication. No refunds will be given by African Inspired Safaris for partly used vouchers or for no-shows.
- UNSCHEDULED EXTENSIONS
In the unlikely event of there being unscheduled extensions to the final itinerary caused by flight rescheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of African Inspired Safaris, its agents or the Principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client’s account.
- ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to the final itinerary, Principals and/or African Inspired Safaris reserve the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one.
- BREAKAWAYS/VOLUNTARY VARIATIONS
While it is possible to break away from the itinerary, it is understood that any costs incurred in such voluntary variations initiated by the Client will be for the Client’s account.
- LAW & JURISDICTION
South African law and the jurisdiction of South African courts will govern the relationship between the Client and African Inspired Safaris. African Inspired Safaris shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. If African Inspired Safaris has to bring legal proceedings against the Client to enforce payments of amounts owed to it, the Client shall be responsible to pay all costs African Inspired Safaris incurs in collecting the payment.
- SPECIAL REQUESTS
Clients who have special requests, must specify such requests to African Inspired Safaris in their enquiry or in response to the quotation. Whilst African Inspired Safaris will use its best endeavours to accommodate such requests, it does not guarantee that it will.
- AMENDMENTS
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of African Inspired Safaris.
- REFUNDS
No refunds will be considered in any circumstances whatsoever, although African Inspired Safaris may, at its sole discretion, consider a refund in the event of death or serious illness of the client. Refunds by the Principals will be subject to their terms and conditions.
- e-TICKETING
The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for each minor either a copy of their birth certificate, alternatively their passport.
- LIMITATION OF LIABILITY
Participation in any tour or travel package arranged by African Inspired Safaris and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk. African Inspired Safaris, its officers, directors, servants or agents will under no circumstances be liable for any claim for any loss, damage or injury suffered by any person whether to their person or property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of African Inspired Safaris whatsoever, unless such claim is due to the gross negligence of African Inspired Safaris and such claim is lodged in writing with African Inspired Safaris within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R10 000, 00 per Client per Booking and under no circumstances will African Inspired Safaris be liable for any indirect or consequential loss or damage. The Client, his/her heirs, dependants, agents, executors or their assigns hereby irrevocably waive any claims which they may have against African Inspired Safaris 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 Client’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. African Inspired Safaris act solely in the capacity of an agent for third parties and as such African Inspired Safaris hold 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. African Inspired Safaris shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect African Inspired Safaris to have discovered the product failure having regard to African Inspired Safaris role in arranging access to the third-party products and services on behalf of the Client.
- LEGAL FEES
The Client will be liable for all legal fees on an attorney and own client scale in the event that African Inspired Safaris has to engage with a lawyer to enforce or defend any of its rights or otherwise.
- CONFIRMATION OF TRAVEL ARRANGEMENTS
All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure. If you do not, your reservation may be cancelled or you may be inconvenienced by airline-initiated amendments.
- ENTIRE CONTRACT
The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of African Inspired Safaris or otherwise that is not included herein.
