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In this agreement the following words will have the meanings assigned to them, unless the context clearly indicates otherwise.
Customer Booking Form - is the completed and signed booking form - the acceptance from the client submitted to the Company as approval of the confirmation sent.
Client - means all of the persons, whose names appear on the Customer Booking Form. The client signing on behalf of any members of his / her party accepts these Terms and Conditions on behalf of every member of the party as they had specifically singed same to acknowledge their agreement therewith.
Client Confirmation - means the document sent to the client with the final itinerary or holiday agreed with the Company which the client wished to purchase
Company - means Let's Explore Safaris & Tours (PTY) Ltd. A private company, Registration Number 2009/019774/07.
Departure Date - Date on which the client commences his/her travels as per the Booking Form
Deposit - Means the money payable by the client to the company to secure the bookings
Parties - Means both the Company and the Client
Supplier - Means the 3rd Party who supplies the Company with Services
Total Confirmed Price - The total cost of services rendered to the client on behalf of the company or by the Company, as per the Booking Form
Unscheduled Extension - An Extension to a booking caused by inter alia flight delay, flight cancellation, scheduled airline failure, bad weather, airport or airline strikes or any other cause for an extension.
In writing - means a letter sent by hand, by post, by courier, by fax or via electronic mail
Specials - means travel service/s or product/s offered at a reduced rate and subject to limited availability. Terms and Conditions are reservation specific.
Payment to Secure Bookings
In order to confirm travel services, the following payments must be made by the Client to the Company
30% deposit at time of booking
Final Balance 60 days prior to travel
100% of the Total Confirmed Price for bookings made less than 60 days prior to departure
Air Travel, 100% payable upon booking as tickets have o be issued immediately
Greater deposits may be required in instances of specialist product &/or peak season travel.
Should the abovementioned payments are not received timely, the Company will be unable to confirm the booking for the Client.
Final Invoicing is based upon the Total Confirmed \Cost, less any payments made plus any additional charges due to booking changes that may have accumulated in terms of this agreement.
All payments must be made by Credit Card, Internet Transfer or Telegraphic transfer (SWIFT). Proof of payment must be either emailed or faxed. Funds are normally cleared within 5 working days.
Non payment of the abovementioned payments on or before the due date will lead to cancellation of booked services and the loss of all monies paid to date.
Price Increase
All quotations and confirmations generated by the Company are based upon the following but not limited to Air Fares, Airport Taxes, Fuel Charges, Accommodation costs and Land costs which are variable and subject to change until final payment has been received.
The client agrees that should any such costs increase as a result of an increase effected by the supplier, such an increase will be for the Clients Account and shall be payable to the Company.
The Company will not be liable for any mentioned increases.
Changes to Bookings
In the event of an unscheduled extension to a booking, for any reason whatsoever, any expenses flowing from the unscheduled extension will be for the clients account.
Whilst every effort is made to adhere to the confirmed itineraries, the Company reserve the right to make amendments thereto where necessary and provide a reasonable alternative without refunding the client.
Should the client elect to make an amendment to their itinerary the Company will try to accommodate the client however the company reserves the right to charge applicable cancellation fees as well as an additional administration fee of R200.00 per person per booking amended.
Cancellation and Refund Policy
In the event of a cancellation of the booking (in partial or in full) by or on behalf of the Client for any reason whatsoever the company reserves the right to claim the services, administration, communication, cancellation and bank charges which include but are not limited to, any charges levied by the supplier against the Company in respect of the cancelled booking, from the client.
Cancellations of bookings must be done in writing and sent to the Company.
Cancellation of bookings
0 - 45 days prior to departure: 100% Cancellation
46 - 60 days prior to departure: Deposit non Refundable
No refunds will be given by the Company for partly used vouchers or for no shows.
Bank Fees for Credit Card payments / Bank Transfers are strictly non-refundable.
Waiver, Indemnity and Liability
The Client acknowledges that the costs quoted on the confirmation do not include any times or services not specified on same.
All vouchers, receipts and tickets issued by the Company to the Client, are issued subject to the Supplier's Terms and conditions. Acceptance of the vouchers / receipts / tickets amounts to the acceptance of the Company's terms and conditions which supersed thosed of the relevant supplier
Whilst every precaution is taken to ensure the safety of all persons participation in the tour or package offered by the Company or any if it's suppliers (including but not limited to transportation to and from any venue) is undertaken at the clients own risk.
The Company, any of its directors, employees, assignees and/or agents are accordingly indemnified by the Client and/or his estate, dependents, agents or their assignees against any claim of any nature whatsoever and howsoever arising for any damages or loss which might be instituted against it arising from or connection with services contemplated in these Terms and Conditions.
The Client, his/her dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against the Company 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 clients own actions, injuries or death while on the tour, in transportation vehicle or at any place during the tour or illness or death at any time after the tour.
The Company acts solely in the capacity of an agent for third parties and as such the Company 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 services. The Company shall be exempt from all liability in respect of any claim whatsoever as aforesaid.
Flights
All Airlines require the FULL Names of the passengers as stated in their passports. After airtickets have been issued amendments are not permitted. It is the Clients responsibility to check and correct any errors in respect of their flight reservations which appear on the Customer Booking Form. The Company accepts no liability for incorrect details provided by the Client.
Airport taxes and fuel charges may change without notice, at any stage prior to flight and will be for the cost of the Client. Airfares are only guaranteed once the air ticket has been issued and only once the client credit card has been debited.
Onward and Return flights must be reconfirmed by the Clients with the Airline in question at least 72 hours prior to the flight.
The Company can not guarantee any airline seating or meal requests by the clients, however the Company will try to assist the client in this regard.
All baggage and personal effects are at all times at the Clients risk and the Company cannot accept nay liability for misplaced baggage, loss or damage or any personal affects. The Company cannot be held liable for any additional costs incurred by the client as result of same and /or excess baggage costs.
Any Cancellation by or on behalf of the client of any air ticket, will be subject to the relevant Airlines terms and conditions applicable for that fare type. Any cancelled Air Tickets, which are presented to the airline for refund are subject to delays and the Company will only be obliged to refund any amounts paid to them by the Airline to the Client, on receipt thereof from the Airline.
Air Tickets which are unused more than 1 year from the date of issued are classified as expired and must be submitted to the airline for their authority to refund. The Company will make every effort to assist the client in this regard but cannot guarantee that the airline will refund same as refunds are in the relevant airlines sole discretion.
The Company will provide the client with an E-Ticket reference number together with a full itinerary, once the Air Ticket has been fully paid for.
In the event of the Client changing the flight (Voluntary Change), the client will be responsible for any difference in fares and taxes as governed by applicable airfares rule and as advised by the specific airline.
In the event of Changes made by the airline to flight schedules already confirmed (Involuntary Change). A difference in fares and taxes as governed by the applicable airfare rule and as advised by the specific airline may apply. This is to no faulft of the agent or the client. The airlines are not obliged to take responsibility for the paying of new tickets or accommodation due to indefinite delays.
The Company will assist with the clients where possible with the rebooking of flights and will advise clients about any involuntary schedule changes should they occur. New and re-issuing of tickets, possible increased taxes as well as subsequent accommodation requirements, will remain the liability of the client unless the airline is willing to accommodate the Client at their discretion.
Baggage
All airlines have strict weight and size restrictions in respect of baggage. It is the Client's responsibility to ensure they are acquainted with the same prior to the flight. Light Aircraft flights have extraordinary weight restrictions, it will be confirmed to you on the confirmation letter. In the event that the clients baggage does not confirm with the weight and size restrictions specified in the booking documents, the transfer of same may be delayed as the baggage may have to be flown into the destination at a later stage and at a considerable extra cost to the client.
Passports & Visas
It is the Clients Responsibility to ensure that his/her passport and travel documents are valid and that they have obtained all necessary permits and/or visas required by the countries which they intend to enter, prior to their departure. The Company can not be held liable for any visa or travel documentation not held by the Client, nor will they be held liable should a passenger be refused entry into any country for any reason.
All client passports must have sufficient blank visa pages (minimum 2 recommended) available in their passports in accordance with the regulations of various African Countries.
All Client passports must be valid for a minimum of 6 months after travel.
A parent traveling with children (without the other parent) must provide a certified letter of consent from the absent parent.
Immunization and Medication
The Client is responsible to ensure that they have had all necessary inoculations, immunizations and medications required prior to departure.
Travel Insurance
It is the Clients Responsibility to ensure that they have adequate Travel Insurance. The Company can assist with a quotation for Travel Insurance and arrange it on behalf of the clients. The Client is not a Financial Service Provider, and the Company and its employees are unable to provide financial advise to the Client.
Complaints
Complaints should be forwarded in writing to the email address / postal address. The Company will attempt to deal with the complaint as soon as possible and will make every effort to resolve it. The Company will acknowledge the complaint and investigate and provide feedback of such to the Client.
Confidentiality
The Company undertakes to take all reasonable and necessary steps to protect the confidential information of clients. (Clients Full Names, Address, Contact Details, Travel Information and Passport Details)
General
No variation of this agreement shall be of any force or effect unless it is reduced to writing and is singed by both parties.
These Terms and Conditions together with the Customer Booking Form Contains all the terms and conditions of the agreement between the parties. The parties acknowledge that there are no understandings, representations or terms between them, save for those as set out herein.
If any provision of this agreement is found by a court of law to be invalid of void, such provision will be severed from the remaining provisions, without effecting the remainder of the agreement hereof.
No extension, latitude or any other indulgence which may be given or allowed by any party in respect of performance of any obligation hereunder, and no delay in the enforcement of any right of any party arising from this agreement will in any circumstances by construed as implied consent or election by such party or operate as a waiver or novation of, or otherwise affect any parties rights in terms of this agreement.
This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed with the accordance of the laws of the Republic of South Africa.
The Client consents to the jurisdiction of the Magistrate's Court, not withstanding the fact that the amount involved exceeds the jurisdiction of the Magistrate's Court. The Client agrees, however that the Company in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction and further agrees that each party shall borne their own associated legal cost.
The Client shall not be entitled to cede any of its rights or assign any of its obligations under this Agreement.
If the Company institutes any legal proceedings against the Client to enforce any of its rights under this agreement, it shall be entitled to reconfirm from the client all legal costs that it incurs to its own attorneys on attorney/own client basis, including but not limited to collection commission and tracing agent charges.
Force Majure
The Company shall not be liable for a failure to perform any of its obligations insofar as it proves that the failure was due to an impediment beyond its control., that it could not reasonably be expected to have taken the impediment and its effects upon its ability to perform, into account at the time of the conclusion of this Agreement, and that it could not reasonably have avoided or overcome the impediment or at least its effects.
An impediment, as aforesaid may result from events such as the following (this enumeration not being exhaustive):
- war (whether declared or not),
- natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning and fire
- Explosions, fires, destruction of machines, factories and any kind of installations
- Boycotts, strikes and lock-outs of all kinds, occupations of factories and premises and work stoppages
- Acts of authority, whether lawful and unlawful
In the event that the Company invokes force majeure, it shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the client.
In the event that the Company invokes force majeure, it shall not be liable to provide a refund. Any refunds will be at the goodwill and discretion of the company and can not be guaranteed.
The Company can not be held liable for non performance due to Force Majeure.
Addresses for Notices and Legal Process
Each party chooses s its domicillum citandi et executandi ("domicillium) for all purposes under this Agreement, whether for serving nay court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this agreement ('notice'), as follows:
The Company: 24th Street 654, Villieria, Pretoria 0186 Gauteng
The Client: the address as provided by the Client on the Booking Form
Either of the parties may change its domicillium to another address, byt way of a notice to the other party to this Agreement, provided such a notice is received by the addresses at least 7 days prior to such a change taking effect.
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