Aukwatowa (Pty) Ltd
(Referred to as 'the Company')
1. How to Book
No contract shall come into effect and be binding between the Company and the client until the prescribed deposit has been paid and cleared by the Company's bank, the Client has completed, signed submitted to the Company a booking form and the Company has confirmed the booking in writing. The tour price includes only those services/items that are included as per the itinerary and the client shall be responsible and pay for any additional items. Please read the items specified as included and excluded in the itinerary and the booking form.
A deposit equivalent to 30% (Thirty Percent of the tour price is required to secure a booking in respect of the tour. This deposit shall be set off against the tour price.
The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs, disbursements incurred by the Company and its service fees and in the event of any cancellation as provided for herein will be forfeited by the Client.
The tour price must be paid by not later than 30 days prior to the departure date for the tour, failing which the Company reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.
The deposit will be refunded should the Company not be able to accommodate the client after confirmation has been sent to the client.
In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations.
In the case of group bookings, full payment is required by each respective individual/company in order to confirm/secure any airline seats/accommodation/car hire or any other group arrangements on offer/discussed. If full payment is not received by the applicable date, the Company will automatically cancel any airline seats/accommodation/car hire or any other group arrangements on offer/discussed/confirmed and the Client will have no right of recourse against the Company Travel Agent or any of the Third Party Suppliers.
Please note that often more than one itinerary is prepared during the booking process and it is the Client's obligation to ensure that all the details in the final version submitted to it is correct.
The full payment of the tour price is due by the client to the Company, must be paid by no later than 4 weeks prior to date of departure of all tours, otherwise the Company may treat the booking as been cancelled by the client. Late applicants may however join the tour on an availability basis.
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 the Company may cancel the Booking.
Only EFT transfers are accepted. No payment by means of any credit card is accepted.
3. Cancellation by Client
Cancellation of a booking must be made in writing, by the person who does the booking, and is not effective until the Company receives such cancellation. If the cancellation is received 31 days or more prior to departure, the deposit shall be refunded. In the event of cancellation 15 days prior to departure the following charge will apply: 15 to 30 days = 50 % tour price; 7 to 14 days = 75 % tour price; 0 to 7 days =100 % tour price. If the client fails to join a tour, or joins after departure, or leaves it prior to its completion, no part of the tour price shall be refunded and the client will have no recourse against the Company.
(Clients should also refer to the cancellation provisions contained in the Third Party Supplier’s or website. Third Party Suppliers may charge cancellation fees over and above those stated above):
4. Cancellation by the Company
The Company reserves the right to cancel the tour, in any circumstances, and all tours shall operate subject to a minimum participant on the tour. In the instance where the Company cannot provide the tour booked, the Company will return to the client all monies paid, which shall constitute the full extent of the Companies liability to the client, or the Company may offer the client an alternative holiday of comparable standard.
If this is done there will be no further obligation on the part of the Company or right of recourse by the Client.
5. Alterations to Itineraries
The Company will honour the guidelines of the itinerary given, but our concept on safari is flexible mobile trails. We will visit the regions stated but not always the known places. When a major change becomes necessary, notification of such alterations will be sent to the client’s agent or to the client’s last known addresses soon as the Company becomes aware. The company reserves the right to alter an itinerary after a departure if it is in the client’s interest to do so. It is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client’s account. This is not and must not be deemed to be a cancellation and will not entitle the Client to a refund of any nature.
The Company also reserves the right to change any of the facilities or vehicles described in the brochure, without becoming liable for compensation or refund.
The Company will not be held responsible for any compensation to the client if the Company have to cancel or in a way change the tour or cancel the tour due to force majeure, namely war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstance beyond the Company's control.
6. Authority on Tour / Exclusion of Tour
The decision of the guide of the Company will be final in all matters likely to endanger the safety of the clients of the group. The Company shall not be held responsible for or liable to any client who commits an illegal or unlawful act in the country visited. The client may be excluded from the tour without any refund of the tour price or any recourse of whatsoever nature for any of the aforesaid or if he/she behaves in a manner that constitutes a hindrance, inconvenience or annoyance to any Third Party Supplier, members of the public, other passengers or persons on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. Such decisions will be made in the sole and unfettered discretion of the Company or the guide. 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.
No employee or representative of the Company has the right neither to alter, vary, waive the right of these conditions, nor to undertake any liability whatsoever on behalf of the Company, unless such be in writing and signed by the director of the Company.
The client acknowledges being aware of the proposed itinerary and hereby confirms that he or she is medically fit, in good health, and is able to embark upon the tour. Any client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of the booking and make arrangements for the provision of any drugs or other cause of treatment may be required during the tour. Such a client would be required to provide a medical statement from a GP to confirm that they are fit to travel. The Company and its representatives will treat all information in the strictest confidence.
Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise the Company how far your pregnancy is when traveling, as some service providers have restrictions
The client takes all necessary inoculations as are recommended in relation to the countries to be visited.
For some countries a valid certificate of vaccination is required. The Company does not accept responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documents or vaccinations.
It is entirely the Client’s duty to ensure that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with a medical practitioner who is well versed with the prevailing conditions and requirements of the country(ies) you intend visiting before travelling. If the Company assists the Client in any way, such assistance will be at the Company's sole 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 such assistance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical challenges the journey may entail and the Client must accordingly be in an adequate condition for the Proposed Travel Arrangements.
All baggage and personal effects are at all times at the clients own risk and the Company cannot accept liability for any loss or damage to baggage or personal effects whatsoever from any cause however arising and the Client indemnifies the Company accordingly .
11. Travel Documentation
It is entirely the Client’s duty to ensure that all 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 all other travel documents and or payments where applicable, local payments in foreign currencies. The Company does not accept any responsibility in changes in regulations for visas or any particular requirements for visas. The Company cannot be held responsible for the failure of the client to obtain the necessary travel documents. Should the client be refused entry to any country due to incorrect or incomplete documentation, the Company is not liable for any cost of such delays or repatriation costs for the clients. Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the details therein are correct.
It is compulsory for every Client (and all members of a group or tour party) is obliged to have comprehensive insurance cover and written, documentary proof of such cover must be submitted to the Company with signed quotation. Such cover must include amongst others cancellation due to illness, accident or injury personal accident and personal liability, medical expenses, repatriation, the expenses associated with the cancellation curtailment of a tour 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.
Client’s bookings are accepted on the understanding that they appreciate the possible risks inherent in Adventure Travel and that they undertake the tours, safaris, river trips and expeditions at their own risk. While every precaution is taken to enhance the safety of the clients participating on the tour,
The Company, its directors, members, partners, employees and agents ('the Indemnified Parties') , shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm, illness, trauma, 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 loss of or damage to 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 any of the Indemnified Parties whatsoever, unless such claim is for injury or death and due to a negligent act or omission of Company. 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 Indemnified Parties accordingly. The Indemnified Parties shall furthermore not be liable for any consequential or indirect loss or damage whatsoever and howsoever arising.
The Company may take films or and photographs of our clients while on any tour, and reserves the right to publish, or use the material in advertising and all clients are deemed to have given their consent to such use and to have waived the right to any compensation.
15. Jurisdictions, Law, Legal Fees and Domicilium
This Contract shall be interpreted in terms of 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. The parties choose their respective domicilium citandi et executandi as reflecting in the Booking Form. The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to take any legal steps of any nature whatsoever pertaining to the Conditions.
If any part, term or provision of this contract is held to be illegal or unenforceable, it shall not affect the validity of enforceability of the remainder of the contract. Furthermore, if any covenants are held illegal or unforeseeable by virtue of its scale, extent or duration, it shall remain valid and enforceable in such reduced scale, extent or duration as any count may decide as being the maximum scale, extent or duration permissible.
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 the Company are subject to these terms and conditions and the terms and conditions of various third party providers of services and/or goods (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company requests on your behalf to render services or provide goods to you (see re such suppliers below: ‘Third Party Suppliers’).
18. 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, 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 the person to whom the services are rendered and/or the goods supplied (collectively referred to as ‘the Client(s)’).
19.Third Party Suppliers
The Clients are provided with travel and/or other services and/or goods either by the Company 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. The Company 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 (‘the Third Party Supplier's Conditions’). Whilst the Company vets and selects the Third Party Suppliers with the utmost care and circumspection, the Company accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer or claim of whatever nature it may have as a result of any act or omission on the part of or the failure of the Third Party Supplier to fulfill any of its obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company.
With regards to hotel bookings please be aware that hotels and other accommodation properties (Collectively referred to as ‘hotels’) may undergo renovations from time to time. Hotels generally take all possible steps to limit disruption and inconvenience to their guests when renovations are taking place. The Company will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If the Company is specifically advised of renovation work in advance by the hotel, this information will be passed on to the Client but it is important to understand that this is subject to change and that the Company may not always be notified.
20. Car and 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 understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees. The Company strongly recommends you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted in writing & signed for. Note that the Car Hire T&C shall constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C.
Similarly the Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers travelled etc.
21. Air Tickets
These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation and baggage provisions and the Client MUST read ALL the applicable conditions BEFORE you pay for the ticket. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of 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 ticket being voided and/or the Client being charged a cancellation fee Note that the Air T&C shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Client’s rights of recourse as a consequence of overbooking are determined by the Consumer Protection Act, Act # 68/2008 ('the CPA'). Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult the Company about refunds for unused tickets as strict deadlines apply.
Note that the Company 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 the Company and the Deposit paid . Furthermore, Prices are quoted at the ruling daily exchange rate. Until the Company 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 (subject to statutory increases such as VAT). Note that airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Company (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey. This also applies to foreign exchange currency payments such as international hotel bookings, car hire, rail bookings or any other foreign payments that need to be made as well as international bank transfer fees). 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 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 (The Company will be entitled to retain any service fees charged and/or retain the commission earned and/or charge an administration fee). 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). Please note that the Price excludes inter alia airport departure tax and any expenses of a personal nature and gratuities.
NOTE (Optional): Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted.
Please note that in some cases Third Party Suppliers may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been effected.