STANDARD TERMS AND CONDITIONS OF CONTRACT
BOUNDLESS AFRICA SAFARIS CC
APPLICATION - All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Boundless Africa Safaris CC ('the Company') are subject to these terms and conditions ('the Conditions').
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 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 Client').
DATA PROTECTION AND PRIVACY -
As you know, the new European Union General Data Protection Regulation (GDPR) is effective from 25th May 2018.
Boundless Africa Safari has strict policies in place concerning any information that we may hold with regards to our partners and clients. The information is only recorded at high level management, not shared or distributed to any third party, and then is deleted once no longer required.
Any information that we keep on file is no more than that which can be found on your business card. Passport and more personal information is deleted once used for booking purposes. Only your contact information is retained to enable us to send you regular updates on developments in travel and new and exciting offers and properties. These are sent out infrequently and are not in subscribed newsletter form. However if you do not want to receive emails from Boundless Africa Safaris please reply to the email with UNSUBSCRIBE in the subject line and your contact details will be deleted.
THIRD PARTY SERVICE PROVIDERS - The Company provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel and tourism industry, such as airlines ('collectively referred to as 'the Principal'). The Company represents the Principals as agents only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any alteration act or omission on the part of or the failure of the Principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principals (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 such Principal. The Company will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client's booking. It is the Client's responsibility to familiarise itself with such terms and conditions ('the Principal's Conditions').
BOOKING, DEPOSIT PAYMENT & RESERVATION CONFIRMATION - Once the Client has filled in a travel enquiry form OR responded to an advertisement verbally OR in writing or via e-mail or the Internet OR has, without reference to any of the aforesaid, asked for more details (collectively referred to as 'the Enquiry'), about a particular destination, trip, tour or mode of travel (collectively referred to as 'the Proposed Travel Arrangements'), the Company will prepare and provide the Client with an estimate (by hand, telefax or e-mail) ('the Estimate'). Upon the Client's written confirmation that the facts and information contained in the Estimate are correct, the Company will prepare a quotation for the Proposed Travel Arrangements ('the Quotation').
A non-refundable deposit of 30% of the total land arrangements (accommodation and other services) as specified in the Quotation, PLUS the total amount of air tickets, is required in order to confirm reservations with Principals ('the Booking'), subject to payment of the balance of the Price in due course as specified below*. The Company will not confirm any reservation if the deposit and signed/accepted Quotation are not received within 7 days. Should payment and a signed acceptance of the quote not be received within 7 days, The Company reserves the right to re-quote, subject to fluctuations in the Exchange Rate at the time. The Company also reserves the right to cancel any reservation that may have been made if the deposit is not timeously received.
Bookings made within 6 weeks of proposed travel date must be paid in full within 3 days of invoice, and if cancelled are non-refundable.
All air tickets are non-refundable.
Once the Booking has been completed, the Client will be supplied with the document that will contain the final details of the fully-inclusive Booking ('the Booking Confirmation'),
* In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received the applicable date the airline will automatically cancel the reservations.
PAYMENT AND PAYMENT TERMS -
The balance of the Tour Price is due not later than 10 weeks prior to departure. Once full payment reflects in the Company's bank account, final travel documents will be prepared and sent to the client by means of a secure courier service, the cost of which will be for the Client's account and is included on the invoice under “service fee” .If the final payment is not received on time, the travel documents can be delayed, for which the Company takes no responsibility (this rests on the Client) and the Company may cancel the Booking. The Client undertakes to pay the Company interest at a rate of 5% above the prime rate charged by the Company's bank on any payment made after the due date. Late payment may also result in cancellation of the reservation by the Principal. Cancellation terms and Conditions will apply.
Payments may be made by Bank Transfer (from outside of, or within South Africa) OR Electronic Fund Transfer (from within South Africa only). Banking details are reflected on the invoices. Bank charges are for the Client's account.
Credit card payments will be accepted following a written request by the client after invoicing.
The client will be directed to a 3-D secure credit card payment portal on the Boundless Africa Safaris website and given log-in and payment instructions. Credit card payments may only apply to invoices in South African Rand (ZAR), and Dollar (USD) amounts will be converted to ZAR at the rate of exchange on date of invoicing. Only Visa and Mastercard are accepted.
PRICES - Note that the Company reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is returned to the Company. Furthermore, prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Tour 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 Tour Price in full is received, the Tour Price is guaranteed. Should it be a group booking and the group number deviate from the number required for the Booking, the Company reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made.
However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey).
Prices are quoted either in US Dollars (USD) or South African Rands (ZAR) depending on where the services originate and where the Client is based.
RESPONSIBILITY - All tours are booked and arrangements are made on the express condition that The Company, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), to or of their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of the Company whatsoever, unless such claim is due to the gross negligence of the Company, and such claim is lodged in writing with the Company within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Company, its employees and agents accordingly. The Company, its employees and agents shall furthermore not be liable for any consequential or indirect loss or damages whatsoever.
INSURANCE - It is strongly advised that all Clients take out adequate comprehensive 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). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company 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 the Company 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. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.
Please note that various credit card companies offer limited levels of travel insurance, which the Company does not consider sufficient cover for international travel. 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 Tour Price in full.
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, prophylactics (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with the Company before travelling.
The Company will endeavour to assist the Client but such assistance will be at the Company's discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company 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.
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 adjacent blank pages in their passport, excluding
both front and back covers, to enable the entry visa to be issued - However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited.
If there is insufficient space in the passport (plus 3 adjacent blank pages) entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed and valid for 6 months after completion of the trip.
The Client must ensure that the details supplied to the Company mirror those details shown on their passport for international travel and ID documents for local travel.
MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return. It must be noted that most of Central and East Africa is considered a Yellow Fever risk area and innoculations must be done prior to any trip to those areas as entry into those countries (and exit there from) and re-entry into one's country of origin may be refused. Advice should be sought from your medical doctor or travel clinic in this regard prior to travelling.
LATE BOOKING & AMENDMENT FEES - This will be dealt with on an ad hoc basis dependent on the total value of the trip, the lateness of the booking and the degree of amendments.
CANCELLATION - In the event of Client cancelling their reservations, the Company shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Company. The Company reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Company. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Principal's Conditions or website. Principals may charge cancellation fees over and above those stated below):
Deposit of 30% of accommodation and services Plus full airfare costs = non-refundable
12 to 8 weeks prior to departure = 50 % of the balance
8 to 6 weeks prior to departure = 75% of the balance
6 weeks or less = 100% of the balance
UNSCHEDULED EXTENSIONS - In the unlikely event of there being unscheduled alterations to the itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Company, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client's account.
UNUSED SERVICES - Unused services will not be refunded.
ITINERARY VARIATIONS & TRANSFERS - While every effort is made to keep to all published itineraries, Principals and/or the Company reserve the right to make changes for the Client's convenience e.g. in some cases, weather conditions can necessitate an alteration in the tour itinerary and this does not constitute any reason for refund. It is the Client's duty to check each amendment to the itinerary and also to sign the final one.
BREAKAWAYS - While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client's account.
ROAD TRANSFERS & AIR CHARTER - Please note that the flying services and road transfers are sub-contracted to independent companies. They are responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client account.
CAR RENTALS: Car rentals are booked and pre-paid on the client's behalf, but all extras are for the client's account direct to the rental company, and the service is subject to the rental company's terms and conditions.
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 Principals over which the Company has no control. Accordingly the Company 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 be against the Principal.
LAW & JURISDICTION - South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company The Company 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.
CONDUCT - The Client agrees that he/she will at all times comply with the Company's or others' requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.
SPECIAL REQUESTS - Clients, who have special requests, must specify such requests to the Company in the Enquiry. Whilst the Company 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 theCompany.
REFUNDS - No refunds will be considered in any circumstances whatsoever. Refunds by the Principals will be subject to their terms and conditions.
FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Client's exclusive duty. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the Internet.
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. FULL names of clients (as reflected on their passports) MUST be furnished to the Company when air tickets are to be booked. The Company takes no responsibility for complications incurred due to incorrect names (or abbreviated names / nicknames) being supplied by the Client.
FORCE MAJEURE - The Company shall have the right to cancel any contract should its fulfillment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Company. Force Majeure includes renovations that may be carried out at your resort - whilst the Company will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against the Company. The Company will use it best endeavours to recover from third parties such monies as may have been paid to them on behalf of the Client. All monies so recovered by the Company will be reimbursed to the Client less a 5% (Five percent) of the Price as an administration charge;
LEGAL FEES - The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce any of its rights or otherwise.
CONFIDENTIALITY - Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
COPYRIGHT- Copyright and database rights protection exists in all publications from Boundless Africa Safaris, whether in email form or in documents providing suggestions, quotes, information, itineraries etc. All intellectual property rights vest in Boundless Africa Safaris. The documentation and information is provided only for the use and information of the clients to whom they are addressed. These publications or any part thereof may not be reproduced, transmitted, conveyed, communicated, shown to other tour operators / travel agents, or used in any form or by any means, whether in whole or in part, other than for the purpose for which they are intended, without the prior written permission of Rowena Putter (for Boundless Africa Safaris).
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.
INTERNET BOOKINGS - If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company 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.
DRIVER'S LICENCE: Even if you have obtained an international driver's licence, please take your national driver's licence with you. This is a prerequisite of car rental.
TAXES & SURCHARGES: Where possible airport and airlines taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore it is important that you check with the Company prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for
DISPUTE - RESOLUTION:
Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:
1 Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation - the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa ('AFSA'), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator's decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2 Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
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 regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein.