Below is an outline of the Terms andConditions of your booking and some basic guidelines to ensure you are prepared for your safari and get the most out of your experience.
Your contract is with Wild Wonderful World Ltd (hereinafter called “WWW”, “we” or “us”). We draw your attention to the following terms and 'the Conditions’, which cover all information about correspondence and bookings made with us. Before makinga booking with us you must ensure that you have read and understood these booking conditions (raising any questions you may have with us).
All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered and/or goods supplied by or on behalf of us are subject to the Conditions and the terms and conditions of various third party providers of servicesand/or goods (i.e. airlines, tour operators, hotels, cruise companies etc.) who we request on your behalf to render services or provide goods to you ( ‘ThirdParty Suppliers’).
THE CLIENT AND AUTHORITY- The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered or goods supplied (Such party may be referred to herein as the lead booking name), is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person, persons or group or entity in whose name or on whose behalf the enquiry is made or advice sought or estimate or quotation or reservation is requested and/or provided and/or theperson to whom the services are rendered and/or the goods supplied (collectively referred to as ‘the Client(s)’).
THIRD PARTY SUPPLIERS - The Clients are provided with travel and/or other services and/or goods either by WWW itself or by Third Party Suppliers who it engages as agent for the Client - they include airlines, vehicle rental, providers of accommodation, food and beverage and excursions. The contract in use by the Third Party Suppliers (which is often constituted by the ticket issued by the them),shall constitute the sole contract between the Third Party Supplier and the Client and any right of recourse the Client may have, will be solely against such Third Party Supplier. WWW will provide the identity and terms and conditions of (or access thereto) all the Third Party Suppliers relevant to the service and/or goods being provided for the Client’s booking and it's the Client’s responsibility to familiarise itself with such terms and conditions.
Third Party Supplier's Conditions’: Whilst WWW vets and selects the Third Party Suppliers with the utmost care andcircumspection, WWW accepts no liability for any loss, damage, illness, harm, injury or death which any Client maysuffer or claim of whatever nature it may have as a result of any act oromission on the part of or the failure of the Third Party Supplier to fulfillany of its obligations, whether in relation to travel arrangements,accommodation or otherwise unless, in the case of injury or death, it is due tothe negligent act or omission of WWW.
Your contract for any such activity or excursion will be with the supplier oroperator of that activity or excursion. WWW has no liability for any suchactivity or excursion or for any acts or omissions of the supplier or operatoror for it/their employees or agents or any other persons connected with theactivity or excursion. If we are found liable in any respect for any suchactivity or excursion for example in our capacity as booking agent, thatliability is limited to the cost of the particular activity or excursionconcerned.
With regards to hotel bookings please be aware that hotels and other accommodationproperties (Collectively referred to as ‘hotels’) may undergo renovationsfrom time to time. Hotels generally take all possible steps to limit disruptionand inconvenience to their guests when renovations are taking place. WWW willnot entertain complaints or requests for refunds if a hotel is carrying outrenovations whilst a guest is resident. If WWW is specifically advised ofrenovation work in advance by the hotel, this information will be passed on tothe Client but it is important to understand that this is subject to change andthat WWW may not always be notified.
2. BOOKING PROCEDURES
A binding contract comes intoexistence between us and you (and the pricing of an itinerary is final) when:(a) we receive a deposit of 30% of the quote price or (b) when we receive fullpayment of the itinerary when the booking is made less than 60 days before yourdeparture date AND we confirm to you in writing that your itinerary has beenconfirmed. No contract will exist between the parties until such monies havebeen received and such confirmation has been issued. We require fullpayment to be made for your holiday 60 days prior to the departure date. If full payment is not received 60 days prior to the departure date, wereserve the right to cancel your reservation and apply the cancellation chargesset out in paragraph 6. Cancellation will be without penalty to us and wewill have no further liability to you and such cancelation will not entitle youto any claim against us. The lead booking name is liable for making fullpayment for all persons in the booking party and all those in the booking partyagree to be bound by conditions (including anyone added or substituted at alater stage). It is the responsibility of the lead booking nameresponsible for making the booking to ensure all in their party are aware ofand have read these terms and conditions.
BOOKING, DEPOSIT & RESERVATION
Once the Client has filled in the travelenquiry form (whether hard copy or on WWW's website), responded to anadvertisement verbally or in writing or via e-mail or the Internet or has,without reference to any of the aforesaid, asked for more details (collectivelyreferred to as ‘the Enquiry’), about a particular destination, trip, tour ormode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) WWW willprepare and provide the Client with an estimate (by hand, telefax or e-mail) (‘the Estimate’). Upon the Client’s written confirmation that the facts andinformation contained in the Estimate is correct and upon acceptance of theseConditions by the Client, WWW will prepare a quotation for the Proposed TravelArrangements (‘the Quotation’). A deposit of 30% (‘the Deposit’) of thetotal estimated value of the Proposed Travel Arrangements (‘the Price’) asspecified in the Quotation is required in order to confirm reservations withthe Third Party Suppliers (‘the Booking’), subject to payment ofthe balance of the Price in due course as specified herein.
The purpose of the Deposit, other thanpayment to Third Party Suppliers, is to cover costs, disbursements incurred by WWWand its service fees and in the event of any cancellation as provided forherein will be forfeited by the Client. WWW will not confirm any reservation ifthe deposit and a signed Quotation are not received and WWW reserves the rightto cancel any reservation that may have been made if the deposit is notreceived. Once the Booking has been completed as aforesaid (i.e. Deposit paid& signed Quotation), the Client will be supplied with the document thatwill contain the final detail of your Booking (‘the Booking Confirmation Form’),which the Client must sign and return to WWW.
· In the case of airtickets, full payment is required as per the applicable fare rule. If fullpayment is not received by the applicable date the airline will automaticallycancel the reservations.
· In the case of groupbookings, full payment is required by each respective individual/company in orderto confirm/secure any airline seats/accommodation/car hire or any other grouparrangements on offer/discussed. If full payment is not received by theapplicable date, WWW will automatically cancel any airlineseats/accommodation/car hire or any other group arrangements onoffer/discussed/confirmed and the Client will have no right of recourse againstWWW or any of the Third Party Suppliers.
· Pleasenote that often more than one itinerary is prepared during the booking processand it is the Client's obligation to ensure that all the details in the finalversion submitted to it is correct.
Destination Selection - The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and up-dated by the Third Party Suppliers over which WWW has no control. Accordingly WWW cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will beagainst the Third Party Supplier.
Special Requests -The Client,who has special requests, must specify such requests to WWW in the Enquiry. Whilst WWW will use its best endeavours to accommodate such requests, it does not guarantee that it will.
Internet Bookings - If the Client requests or instructs WWW to do bookings via the Internet, the Client irrevocably authorises WWW to do the following on its behalf
(1) make any selections of and for the Proposed Travel Arrangements
(2) make payments and
(3) accept booking conditions.
3. PAYMENT AND PAYMENT TERMS
We accept payment in GBP, USD or South African Rand by means of a bank transfer or credit card. Credit Card payments are charged at an additional 4% for South African bookings. It is the client’s responsibility to inform and instruct their bankers that the net invoice amount must equal the funds clearing into Wild Wonderful World’s account and that ALL bank charges are for the client’s account. Should you require exchange rate forwarding options, please contact us for further information. Note, should you overpay in error, we will refund the overpayment less bank charges.
If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account or WWW may cancel the Booking. The Client undertakes to pay WWW’s interest at a rate of 5% (five percent) above the prime rate charged by WWW’s bank on any payment made after the due date. Late payment may also result in cancellation of the reservation by any ofthe Third Party Supplier. Credit Card payments are subject to due completion of and upon the terms and conditions specified in WWW’s credit card authorization form.
Note that WWW reserves the right to amend the Price if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date it is completed, signed and returned to WWW and the Deposit paid. Furthermore, Prices are quoted at the ruling daily exchange rate. Until WWW has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s accountand 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.
Atany time before full payment of your trip has been made and you have received written confirmation that your itinerary has been confirmed, WWW reserves the right to levy a surcharge where costs have changed, with changes limited to amendment of errors by third parties and/or statutory increases, beyond the control of WWW. Matters influencing a surcharge would include, but are not limited to, VAT, increases in transportation costs e.g. fuel, scheduled airfares and any other airline surcharges, taxes or fees payable for services suchas landing taxes, or embarkation or disembarkation fees at ports or airports,or increases in park fees, reserve fees or concession fees. We will advise you in writing of all and any surcharges.
Once payment of the Price in full is received, the Price is guaranteed (subjectto statutory increases such as VAT). Note that airfares are subject to the price and conditions quoted by theairlines and cannot be guaranteed byWWW. (Please Note: This appliesespecially regarding airport taxes for the entire journey. This also applies toforeign exchange currency payments such as international hotel bookings, carhire, rail bookings or any other foreign payments that need to be made as wellas international bank transfer fees).
Should it be a group booking and the group number deviate from the numberrequired for the Booking, WWW reserves the right to re-cost the Price and raisea surcharge. Should any Client refuse to accept and pay such surcharge, WWW reserves the right tocancel the tour and retain any payment made (WWW will be entitled to retain anyservice fees charged and/or retain the commission earned and/or charge anadministration fee). However, airfares are subject to the price andconditions quoted by the airlines and cannot be guaranteed (Please note: Thisapplies especially regarding airport taxes for the entire journey). Please notethat the Price excludes inter alia airport departure tax and any expenses of apersonal nature and gratuities.
Please note that in some cases Third Party Suppliersmay nevertheless have a clause requiring passengers to pay an additional amountin the event of fuel surcharges or fuel price increases even though full payment has been effected.
Taxes and Surcharges- Wherepossible airport and airlines taxes and surcharges are reflected in all prices.It should be noted that certain airlines invoke additional taxes and/orsurcharges if any changes are made to the tickets and/or routing even if theticket has been fully paid. Furthermore it is important that you check with WWWprior to departure from South Africa what the current airport departure tax isof all the countries you will be passing though as these taxes are usuallypayable in the local currency and must be provided for. Withregards to accommodation, some countries city tax and other taxes are onlypayable on check out.
5. AMENDMENTS BY YOU
If you wish to change your itineraryafter a deposit has been made, we will do our utmost to make the changesrequired. No amendment, cancellation or waiver of any term or right referred toherein shall be valid or binding unless reduced to writing and signed by boththe Client and a duly authorised representative of WWW. If the request forchange is within 60 days of departure and alterations to your itinerary are notpossible, such requests will, at our option, be treated as a cancellation ofthe original booking and will be subject to the cancellation charges set out inparagraph 6.
A latebooking fee of R 300.00 per booking will be charged in respect of bookingsand/or amendments received within 4 (four) working days prior to the departuredate & for 2 (two) working days or less R400.00 per booking. This charge islevied to cover communication expenses involved. An amendment fee of R 100.00per booking will be levied for any changes to the confirmed itinerary.
BREAKAWAYS- While it is possible to break away fromplanned holiday itineraries, it is understood that such breakaways will be forthe Client’s account.
6. CANCELLATION BY YOU
In the event of Client cancelling their reservations (which must be done byconfirmed e-mail, letter of telefax), WWW shall have the right to either claimthe Deposit or to retain the Deposit and claim damages suffered by WWW. WWW reserves the right to cancel any tourbefore departure, in which event the entire payment will be refunded to theClient without any further obligation on the part of WWW or right ofrecourse by the Client. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is asfollows (Clients should also refer to the cancellation provisions contained inthe Principal’s Conditions or website. Third Party Suppliers may chargecancellation fees over and above those stated below):
The above cancellation policy applies should you fail to join or start your safari for any reason, includingairline delays or missed connections. Please ensure you have adequate travelinsurance for this purpose. You are liable for cancellation penaltiesimmediately on confirmation of our booking services.
Not withstanding the above, if wehave issued your airline tickets and you choose at any time to cancel them thenwe will not refund you any monies for these tickets.
No refunds will be considered in any circumstanceswhatsoever, whether for unused services or otherwise. Refunds by the ThirdParty Suppliers will be exclusively and solely subject to their terms andconditions.
7. AMENDMENTS BY WILD WONDERFUL WORLD
Unfortunately, due to the nature ofthe projects and travel in Africa, the experiences/ itineraries we organise maysometimes change at short notice. It is unlikely that we will have to make suchchanges to your confirmed itinerary although we reserve the right to make changes at any time as stipulated below.Most of these changes are minor and we will advise you of these in writing atthe earliest possible date. When a major change is necessary such as a significant change in the standard ofaccommodation, provided it does not arise from conditions amounting to force majeure or as a result of an amendment to a scheduled airline timetable, youwill have the choice of accepting the new arrangements, choosing anotheritinerary with us or cancelling your trip and receiving a full refund of allmonies for which we can recover.
Compensation will not be payable andno liability beyond offering the above mentioned choices can be accepted wherewe are forced to make a change as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not haveavoided even with all due care but which do not amount to force majeure, suchas aspects pertaining to your health, safety and convenience. If we cancel as a result of your failure to comply with any requirements of thesebooking conditions entitling us to cancel, or if the change is a minor one, nocompensation will be payable and the above mentioned options will not beavailable and you will not be entitled to a refund of any nature and/or haveany right of recourse against us. A minor change is a change which, taking intoaccount the information you give us at the time of booking or which we canreasonably be expected to know as a tour operator, we would not reasonablyexpect to have a significant affect on your confirmed itinerary. No compensation is payable for children aged 2 and under. Any refunds will be infull and final settlement without any further obligation on our part or tightof recourse by you. Please note we cannot accept any liability whatsoeverfor any damage, loss, expense or other sums of any description, which:
(a)on the basis of the information given to us by you concerning your bookingprior to our accepting it, we could not have foreseen you would suffer or incurloss or
(b)additionally we cannot accept liability for any sums which relate to anybusiness losses, indirect, economic or consequential loss and/or damage.
8. CANCELLATION BY WILD WONDERFUL WORLD
We reserve the right in any circumstances to cancel your reservation for any reason at any time. Whilst we always endeavour to avoid changes and flight cancellations, wemust reserve the right to do so for any reason within our sole and unfettereddiscretion which may be due to safety, health or other similar reasons. In these circumstances we will return to you all monies paid or offer analternative itinerary of a comparable standard. We may cancel your confirmed reservation if you fail to comply with any requirement of the booking conditions entitling us to cancel. The aforesaid refund or offer of analternative itinerary is full and final and any of the aforesaid cancellationswill not entitle you to any claims of any nature whatsoever. Additionally, wecannot accept liability for any sums which relate to any business losses,indirect, economic or consequential loss and/or damage.
The partiesagree that one or more of the following events, circumstances or occurrenceswill constitute prima facie force majeure for the purposes of the terms andconditions that govern the relationship between the parties, subject to thequalifying requirements:
The parties agree that the above prima facie force majeure events ('the Event') will only qualify as such if all of the followingconditions are met:
If the partiesare in disagreement about the Definition or the Qualifying Requirements, theparties will apply the Dispute Resolution clause of the Conditions;
9. OUR RESPONSIBILITIES
Wild Wonderful World accepts responsibility for ensuring your trip is supplied as described prior to your departure and services provided will reach a reasonable local standard, however, we draw your attention to paragraph 11. Please note we cannotaccept responsibility for any services, which do not form part of our contract. This includes, for example, any additional services or facilities, whichyour hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our marketing material and we have not agreedto arrange them. The provision of such services will be a separate contractbetween you and the hotel or other supplier and subject to such terms as you may agree with them, and/or their own terms and conditions. You will have norecourse against WWW and you are deemed to indemnify us against any claims ofwhatsoever nature that may arise from such arrangements.
The information contained on ourwebsite is correct to the best of our knowledge at the time. Note, where we suggest or recommend particular operators/centers/trips and assist you in booking such activities orexcursions, these activities and excursions are not run nor controlled in anyway by WWW. They do not form any part of your contract with WWW and accordingly,we regret WWW cannot accept any liability in relation to these outsideactivities and excursions. The provision of such services will be a separatecontract between you and the hotel or other supplier and subject to such termsas you may agree with them, and/or their own terms and conditions. You willhave no recourse against WWW and you are deemed to indemnify us against anyclaims of whatsoever nature that may arise from such arrangements. Where wemake or take any bookings for or from you in respect of any activity orexcursion available, we do solely as booking agents. Please reference Paragraph1 (one) detailing our terms and conditions regarding 'THIRD PARTY SUPPLIERS'. This is the case regardless of whether the activity is advertised or mentionedon our website or elsewhere. Your contract for any such activity orexcursion will be with the supplier or operator of that activity or excursion. WWW has no liability for any such activity or excursion or for any actsor omissions of the supplier or operator or for it/their employees or agents orany other persons connected with the activity or excursion. If we arefound liable in any respect for any such activity or excursion for example inour capacity as booking agent, that liability is limited to the cost of theparticular activity or excursion concerned. We would remindcustomers that the infrastructure in developing countries may not be up to thesame standard as the UK or USA. Some resorts may experience theoccasional power cut or water shortage.
All tours are booked and arrangements aremade on the express condition that the Client embarks on the tour or journeyentirely on their own risk. WWW, its directors, members, partners, employeesand agents ('the Indemnified Parties'), shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial orotherwise), damage, accident, injury, death, harm (as defined in the CPA),illness, trauma, delay or inconvenience to any Client (which shall be deemed toinclude the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not),to or loss of or damage to their luggage, or other property, wherever, wheneverand however the same may occur and whether or not arising from any act,omission, default, or negligence on the part of any of the Indemnified Partieswhatsoever, unless such claim is for injury or death and due to a negligent actor omission of Company, including any claim of any description whatsoever which results fromany of the following:
a)The fault of the persons affected or any members of their party, or
b)The fault of a third party not connected with the provision of your holiday,which we could not have predicted or avoided, or
c)An event or circumstances which we or the supplier of the services in questioncould not have predicted or avoided, even after taking all reasonable care (seeforce majeure), or
d)The fault of anyone who is not carrying out work for us (generally or inparticular) at the time.
The Client indemnifies and holds harmless the Indemnified Parties accordingly.The Indemnified Parties shall furthermore not be liable for any consequentialor indirect loss or damage whatsoever, unless section 61 of the CPA applies.
In addition we will not beresponsible where you do not enjoy your trip or suffer problems because of areason you did not tell us about when you booked your itinerary, or where anyproblems you suffered did not arise from any breach of our contract, or otherfault of ourselves or where we were responsible for them, our suppliers oragents or where any losses, expenses, costs or other sum you have sufferedrelate to any business. In any case where we are deemed liable, ourliability shall be limited to 200% of the reservation price. Our suppliers, such as accommodation or transport suppliers, have their own bookingconditions or conditions of carriage, and these conditions are binding betweenyou and the supplier. Some of these conditions may limit or remove therelevant transport providers or other suppliers liability to you. You canget copies of such conditions from any offices of the relevant suppliers. WWW accepts liability as above only if a claim is notified to us inwriting no later than one month after your return
Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and tointernational conventions. WWW accepts no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to WWW, lost or mislaid luggage, rescheduling costs, missedaccommodation, or delays which result from any operational decision of thecarrier concerned. WWW accepts no liability for death, injury or illnessthat derives from carriage by air or sea and your right of recourse will bedetermined by the applicable international convention.
CAR & VEHICLE HIRE
These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you don’t understandor about which you have any misapprehension must be discussed with the car hireconsultant BEFORE you sign the Car Hire T&C, especially damage excesses andmileage. Please note that you will be liable for all traffic fines and tollfees. WWW strongly recommend you check the vehicle thoroughly with arepresentative of the car hire business upon collection and return and ensurethat any damage, scratches, faults or shortcomings are noted in writing &signed for. Note that the Car Hire T&C shall constitute the sole contractbetween the car hire company and the Client and any right of recourse theClient may have, will be solely against the car hire company in terms of theCar Hire T&C.
Similarly WWW cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers travelled etc.
Driver’s License - Even if you have obtained an international driver’s license, please take your national driver’s license with you. Some overseas car rental companiesmay request proof of residence such as rates and taxes account (as for FICA)
These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departuretaxes and cancellation and baggage provisions and the Client MUST read ALL theapplicable conditions BEFORE you pay for the ticket. The Client should alsotake note that if your flight/itinerary consists of more than oneflight/coupon/ticket, the Client is not allowed to use such tickets/coupons outof sequence or to ‘skip’ one (& e.g. opt for train, bus or car transport)as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticketbeing voided and/or the Client being charged a cancellation fee Note that the Air T&C shall constitutethe sole contract between the airline and the Client and any right of recoursethe Client may have, will be solely against the airline in terms of the AirT&C. The Client’s rights of recourse as a consequence of over-booking aredetermined by the Consumer Protection Act, Act # 68/2008 ('the CPA'). Loyalty programs are governed by strict rules of whichthe Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult WWW about refunds for unused tickets as strict deadlines apply.
E-Ticketing- The Client must be ready to show their identity document and possibly their credit card used to make payment for the Booking at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.
COACH & AIR CHARTER
Please note that the flying services andcoach transfers are sub-contracted to independent Third Party Suppliers. They are entirely and exclusivelyresponsible for this portion of the itinerary. WWW will not be liable for anyadditional flying/transfers outside of the quoted itinerary. This will be forthe Client’s account.
11. YOUR RESPONSIBILITIES
PASSPORTS, VISAS & VACCINATION CERTIFICATES
It is the entirely the Client’s duty to ensure that all travel documents, passports and visas are current, valid, obtained on time, and will be valid for six(6) months after return to his/her/their 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 amedical practitioner who is well versed with the prevailing conditions andrequirements of the country(ies) you intend visiting before travelling. If WWW assists the Client in any way, such assistance will be at WWW's sole discretionand the Client acknowledges that in doing so, WWW is not assuming any obligation or liability and the Clientindemnifies WWW against any consequences of such assistance.
With regards to visas, mostcountries will require that you obtain a visa to enter the country and it isyour responsibility to check on visa requirements before you travel andorganise any required visas. Most countries will simply require you to obtain atourist visa but some will require a specific volunteer / work visa forindividuals on volunteer programs – it is your responsibility to allow adequatetime to organise this before you travel. If you are asked to leave the countrybecause of incorrect visa documentation, you will not be liable for anyrefunds. Note, travellers to South Africa under the age of 18 have to supplycertified supporting documentation to immigration when travelling – pleasesee https://www.gov.uk/foreign-travel-advice/south-africa/entry-requirements for further information. WWWdoes not accept liability if you do not comply with current visa requirementsbefore your departure, nor for any advice given of a general nature prior tothe itinerary commencing.
You are responsible for a timelycheck in for all flights and for presenting yourself to take up all pre-bookedcomponents of your itinerary. No credit or refund will be given to youshould you fail to take up any component of your trip or if you lose any traveldocuments. WWW draws your attention to the fact that there are certaininherent risks involved in all of the itineraries that we supply and these must be acceptedby you at your own risk. If you wish to discuss any such risks with us wewould be more than happy to provide you with such advice.
It is the Client’s duty to familiarise him/herself with the inherent dangers ofand mental and/or physical challenges the journey may entail and theClient must accordingly be in an adequate condition for the Proposed Travel Arrangements.
Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three (3) blank pages intheir passport excluding the front and back cover to enable the entry visa tobe issued – However in each case a further enquiry should be addressed to theconsulate or embassy of the relevant countries being visited. If there is insufficient space in thepassport entry will be denied and the person is likely to be detained pendingreturn to their country of origin. Please ensure that all passports are renewed timeously. The client must ensure that the details supplied to WWW mirror thosedetails shown on their passport for international travel and ID documents forlocal travel. As a guideline,passports should be valid for 6 (six) months after your scheduled return toSouth Africa. Non South African passport holders may also be required to havere-entry documentation and it is entirely the Client’s duty to ensure that suchdocumentation is in order before departure.
Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at anypoint even if you have a valid visa. Furthermore caution should be takenwhen your countries of transit or final destination issue visa on arrival.These must not be taken for granted and ensure that all details are obtainedfrom the relevant embassy or consulate well in advance of your departure.
Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some serviceproviders. Please advise WWW how far your pregnancy is when traveling, as someservice providers have restrictions.
PLEASE NOTE: The South African government as a rule does not issue cautionary travel adviceregarding foreign countries – where the countries you are travelling to issuesuch a cautionary and it comes to WWW's attention it will convey it and/orprovide an appropriate link to you. However it is your duty to check you destination on the Internet for any suchcautionary before you travel as the state of the country in terms of not onlyhealth but also security (such as recent terrorist attacks) can changeovernight.
It is compulsory and an express condition ofyour booking for every Client (and all members of a groupor tour party) is obliged to have comprehensive travel and medical insurancecover and written, documentary proof of such cover must be submitted to WWWwith signed quotation. Such cover must include amongst others cancellation due to illness,accident or injury personal accident and personal liability, loss of or damageto baggage and sports equipment (Note that is not an exhaustive list). WWW willnot be responsible or liable if the Client fails to take adequate insurancecover or at all.
Valid insurance cover for the duration of yourtrip must be adequate for your needs and the type of activities you will beundertaking as part of your itinerary. We refer clients to Travel Guard to cover all eventualities. Thepolicy document issued by the insurer is a complex document, which mustbe read BEFORE YOU initiate your travel so that you can address any queries youmay have to the insurer PRIOR to your departure, especially taking into account the higher risksassociated with remote Africa travel and especially conservation placements.The cover must also include a twenty-four hour emergency treatment (includingairlift) and repatriation service. You will indemnify us for any breach of thisprovision or losses we suffer as a result of you being under- or uninsured. Shouldthe insurers dispute their liability for any reason, the Client will haverecourse against the insurers only We will require the insuring company name and policy numberbefore your departure. We reserve the right to cancel your holiday at any timeshould such a policy not be taken out by you.
Please note that various credit card companies offer limitedlevels of travel insurance, which WWW does not consider sufficient cover forinternational travel. Kindly check with the respective credit card companies inorder to obtain the specific details of the cover.
CONFIRMATIONOF TRAVEL ARRANGEMENTS
All onward travel arrangements (local andinternational & on return to RSA, domestic connecting flights) must bereconfirmed by the Client 72 hours prior to departure.
MEDICAL CONDITIONS AND DISABILITIES
If you or any member of your partyhave any medical problem or disability which may affect your trip, please tellus before you confirm your booking so that we can advise as to the suitabilityof the chosen arrangements. In any event, you must give us full detailsin writing at the time of booking.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itineraryare areas where there is a high-risk of malaria and other tropicaldiseases. The Company strongly recommends that thenecessary precautions be taken in this regard and recommend that you check withyour medical practitioner before departure or a medical practitioner wellversed in tropical diseases immediately upon your arrival in Africa or anyother tropical or sub-tropical destination. If you have not done so prior todeparture, it is imperative you do so upon your return.
Certain areas also require Yellow Fever Vaccinationsof which the certificate must be carried and produced when required. YellowFever Vaccinations last for up to 10 (Ten) years and inoculation is required atleast 2 (Two) weeks before your departure from country of origin.
HEALTH & PHYSICAL FITNESS
For those volunteering withconservation projects, you will be participating in strenuous activities inclimatic conditions that you may not previously have encountered. We recommendthat you are physically fit and, if in doubt, check with your doctor prior toplacing your booking. Up to date medical advice should be sought regardingmalaria, AIDS, TB and other potentially relevant medical issues associated withAfrican wilderness and travel. While we are happy to discuss our experienceswith you we cannot offer medical advice.
TheClient agrees that he/she and any members of its tour party will at all timescomply with WWW’s or others’ requirements and instructions in regard tohis/her conduct and he/she will not in any way constitute a hindrance to anyThird Party Supplier, other passenger or person on the tour, mode ofconveyance, at any place of accommodation, entertainment or where meals and/ordrinks are served. The Client indemnifies and holds harmless WWW againstdamages suffered and/or costs incurred by WWW and/or any third party as aresult of a breach of this clause.
Whilst WWW acknowledges the Client's right of freedom to takephotographs in general, please note that the following conditions apply to anyphotography during any tour and excursions with or arranged by WWW whetherduring the tour or excursion or thereafter and these rules will be strictly enforced.By the same token Clients are deemed to indemnify WWW against any consequences, claims and legal costs (onan attorney and own client scale) resulting from any breach of whatsoevernature of these conditions:
· The copyright andownership in the photograph ('photo')will remain vested in the person who took the photo, unless a person ('the Subject') asked for the photo to betaken and made an arrangement to the contrary with the photographer.
· However once thephotographer has posted any material on WWW website or any form of socialmedia, that entitles WWW or any third party to disseminate it
· If the material is to beused commercially e.g. sold or used to launch an advertising campaign, then thewritten permission of the Subject is required
· WWW supports the principle of fair use and factorsthat will have a bearing are the purpose (e.g. non-profit); nature of use; sizee.g. thumbnail
· Whilst you are entitledto take photos on individuals in public areas, many public areas e.g. shoppingcentres, resorts and some of the places you may visit may seem to be in thepublic domain but is in fact privately owned and thus subject to the rulesprescribed by the owner of which you should be aware.
· If the location wherethe photo is being taken is of such a nature that it is reasonable to presumeprivacy, e.g. a bathroom, then the Client may not take a photo of the Subjectat all. This principle would also apply if the location is e.g. a private gamelodge which focuses on upper end clients and celebrities or where the surroundsare evidently private - these persons choose such venues for reasons of privacyand even an innocent photo of a staff member posing with a celebrity may be ofsuch a private nature that both the photographer or the staff member requestingthe photo is advised to limit the usage to personal purposes and notdisseminate it e.g. via social media.
· Use of the photo mustnot be of such a nature that e.g. it misrepresents the Subject, the setting orsurrounds
· WWW reserves the rightto use photos of you and your party on its website and for promotionalpurposes. If you wish to object to such use, please advise WWW in writing priorto arrival.
Travel documentation will only beissued upon full payment. Please carefully read the documentation we send toyou as soon as you receive it. Contact us immediately if any informationappears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any liability if we are not immediatelynotified of any inaccuracy in any documentation. You will be responsiblefor any costs and expenses involved in rectifying any inaccuracies except wherewe made the mistake.
If you have a problem during yourtrip, please inform the relevant organiser (camp/hotel manager/Safari provider)immediately and he will endeavour to make the necessary accommodations. If your problem cannot be resolved locally you must send full details to WWW in writing within 7 days of your return to your home state. If youfail to follow this procedure, we will not accept liability as we have beendeprived of the opportunity to investigate and rectify the problem.
14. DISPUTE RESOLUTION
Anyand all dispute arising out of or in connection with the Conditions includingany question regarding its existence, validity or termination, shall be dealtwith as follows:
1. Firstly the parties will meetwithin 5 (five) working days of the dispute arising in an attempt to resolvethe mater amicably. Failing such amicable resolution of the dispute within 5(five) days of their meeting, they will attempt to resolve the matter bymediation – the mediator will be an independent third party mutually agreedupon and, failing such mutual agreement, a party appointed as a mediator by theArbitration Foundation of South Africa (‘AFSA’), which mediator must beappointed within 5 (five) days of their failing to resolve the matter amicablyand the mediation itself must take place with a further 5 (five) days from thedate the mediator is appointed Failing such amicable resolution of the disputeby the intervention of a mediator, the dispute must be referred to arbitrationin Johannesburg within two (two) days of the failure to resolve the dispute bythe intervention of a mediator, which referral must be delivered in writing toand be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporatedby reference into this clause. The tribunal shall consist of one (1) arbitratorto be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall befinal and binding upon the parties and shall provide the sole and exclusiveremedies of the parties. All judgment upon the award so rendered may be enteredin any court having jurisdiction or application may be made to such court for ajudicial acceptance of the award or orders of enforcement. The commencement ofany arbitration proceedings under this Clause shall in no way affect the continualperformance of the obligations relates to the subject matter of suchproceedings. All arbitration proceedings shall be in the English Language.
2. Notwithstanding the provisionsof this clause, either party may bring an urgent application to any court thathas jurisdiction if circumstances arise that merit such an application
15. THE LAW
Theabove booking terms and conditions together with all correspondence form partof your contract with WWW. This contract and any matters arising from itshall be governed by and interpreted in accordance with UK law (if you are a UKresident and booking from the UK) or South African law for all otherinternational and South African national bookings. You agree that all actionsor proceedings that may arise in connection with any matter between you and WWWsuch as our contract or anything arising out of it shall be settled byarbitration proceedings to occur in the United Kingdom OR South Africa(depending on origin of booking). The parties choose theirrespective domicilium citandi et executandi as reflecting in the Booking Form.The Client will be liable for all legal fees on an attorney and own clientscale in the event that WWW has to take any legal steps of any naturewhatsoever pertaining to the Conditions.
16. FINANCIAL PROTECTION
SATSABonding, Member # 2580
SATSA is theSouthern Africa Tourism Services Association and offers protection tointernational travellers against the possible loss of deposits (or monies paid)to a SATSA member (tour operator, car rental company, accommodation provideretc.), in case of liquidation. It is underwritten by Lombard Insurance andLloyds of London.
17.FOREIGN EXCHANGE REGULATIONCOMPLIANCE (SOUTH AFRICAN CLIENTS)
This is the Client’s exclusive duty. Thiswill apply especially when the Client instructs WWW to make and pay for travelarrangements on the Internet. It is the responsibility of each individualClient to ensure that he/she does not exceed the R1 (one) million per calendaryear (Please note this amount is stipulated by the SA Reserve Bank as atJanuary 2015 and may be adjusted from time to time – it is the Client’s dutywhen booking to check with its foreign exchange provider). Individual’s SingleDiscretionary Allowance: It is imperative that the Clients are able to show anycustoms official that they purchased the foreign exchange they are carrying,failing which it may be confiscated.
18.CONFIDENTIALITY & PRIVACY
The Conditionsand any intellectual property and specifically copyright therein and anyproposals, presentations, estimates, quotes and itineraries provided by WWW isand shall remain the sole and exclusive property of WWW.
The Client furthermore undertakes not to circumvent WWW and to make any approaches to orenter into any arrangements for any concept similar in part or as a whole tothat contained in any of the proposals, presentations, estimates and quotesprovided by WWW with any of the Third Party Suppliers or any other serviceproviders or venues for a period of 1 (One) year from the date of the Bookingand/or the submission of any proposals, presentations, estimates quotesprovided by WWW.
20. ENTIRE CONTRACT