GENERAL TERMS AND CONDITIONS OF CONTRACTThe following terms and conditions shall govern the relationship between South African Travellers CC and its customers pertaining to all transactions entered into. 1. DEFINITIONSIn these general terms and conditions, unless the context indicated otherwise, the following word shall have the following meanings: (a) “booking confirmation form” means the form sent to the customer confirming the details of any quotation accepted by the customer. (b) “the customer” means the person/s or entity contracting the services offered by SAT. Any person making a booking and acting in a representative capacity for a customer shall be jointly and severally liable to SAT together with the customer for the due fulfillment of the customer’s obligations in terms of these general terms and conditions, as well as any other contract/s entered into pursuant thereto; (c) “intended date of departure” means the day when the customer is scheduled to board the relevant airplane destined for the location in Southern Africa provided for in the quotation accepted by the customer (d) “SAT” means South African Travellers CC, a close corporation duly incorporated in terms of the laws of the Republic of South Africa under registration number 2007/114859/23. (e) “services” means the provision of tailor made holidays in Southern Africa, including accommodation, transfers, booking of tours, safaris, adventure activities and excursions as well as transportation within Southern Africa, excluding all airfares, airport taxes and other charges. (f) “third party service provider” means any person or entity contracted by SAT on behalf of the customer as part of the services. (g) “tour price” means the price quoted by SAT to the customer and accepted by the latter. (h) “travel option” shall mean the method of transport and level of comfort requested by the customer and stated on the booking confirmation form, applicable from time to time.
2. SAT ACTING AS AGENT ONLY
In terms of these general terms and conditions and any contract/s entered into pursuant hereto, SAT acts as agent only for and on behalf of the customer in procuring the services. SAT is authorized by the customer to contract as its agent with the relevant third party service provider concerned and SAT shall, under no circumstances, be liable for any damages or losses sustained by the customer by reason of any acts and omissions, of the relevant third party service provider concerned, whether negligent or otherwise and howsoever occurring. 3. QUOTATIONS, BOOKINGS, PAYMENT AND AMENDMENTS TO QUOTATION3.1. Upon receiving an enquiry from the customer, SAT will request the necessary information from the customer, either telephonically or in writing, and will then furnish the customer with a quotation together with an exclusive password to enable the customer to access SAT’s website and view the travel details. Upon receiving payment of the non-refundable deposit of 40% of the tour price (which deposit will serve as confirmation by the customer of the acceptance of the quotation), SAT will enable the customer to structure the services and adapt the itinerary according to his needs on SAT’s website for a period up to 60 days prior to the intended date of departure. The customer accepts that changes to the travel option, such as accommodation, may increase the tour price, in respect of which the customer will be notified in the form of an amended booking confirmation form. After the customer has finalized his itinerary, SAT will send him a booking confirmation form confirming the travel option and tour price. All quotations shall be valid for 15 calendar days only, subject to what is said hereunder, and shall then lapse if the customer has failed to accept the quotation by that time. 3.2. The deposit shall be payable within 15 calendar days after receipt of the quotation. 3.3. The balance outstanding of the tour price shall be payable either together with the deposit or at least 60 days prior to the intended date of departure, whichever is the later date. 3.4. All quotations given by SAT in connection with the services to a customer shall be in writing and, unless otherwise agreed to in writing with SAT, shall be denominated in Euros. SAT reserves its right to amend and increase any quotation up to and including 21 days prior to the intended date of departure, even after acceptance by the customer of the quotation, in the event of any adverse changes in the Rand/Euro exchange rate (i.e. a depreciation of the Euro towards the Rand), increases in RSA Government or Statutory levies, increases in the cost of services procured from the third party service providers (e.g. accommodation costs) and any other price increase affecting the services offered. 3.5. In the event of an amendment to a quotation in terms of the preceding clause, SAT will endeavour to notify the customer immediately of such change and the customer shall not be entitled to rely on the tour price quoted in the quotation in that instance. Only in circumstances where the tour price is increased by more than 10% shall the customer be entitled to cancel the booking within 3 days of receiving notification of the increase in the tour price, in which event he shall be refunded all amounts paid to date. In all other instances, the customer is deemed to have accepted the increased tour price. 3.6. All payments to be made by the customer to SAT shall be free of set-off, deduction or exchange and have to be made by the customer to SAT in cash or via direct transfer, forex transfer or credit card and free of any bank charges. Immediately after payment, the customer shall furnish SAT with proof thereof in the form of a deposit slip, remittance advice or credit card authorization form, reflecting the relevant reference number for the booking. 3.7. The quotations include all transfers between the airports and the accommodation; scheduled activities; tour guides (optional); car rental (optional); value added tax; 3.8. The quotations do not include travel insurance; health insurance; travel cancellation insurance; flight tickets; fees and charges for passports, obtaining visas, vaccination and other formalities required by customs officials and other officials of the relevant countries; drinks; other activities not provided for in the booking confirmation form; tips and additional fees in case of delays with transport, which shall be borne by the customer as and when these costs arise. 3.9. Should the customer fail to pay the deposit when required, the booking shall be deemed to have been cancelled and SAT will have no further obligations towards the customer. 3.10. In the event of the customer wishing to amend the booking confirmation form in any way after payment of the tour price is received, and SAT be in a position to accommodate the customer, SAT may charge the customer with all additional costs incurred by SAT as a result of the amendment, which shall be payable by the customer within 3 days after receipt of the amended booking confirmation form. 3.11. The customer shall advise SAT in writing before accepting any quotation of any special requests, needs or facilities required by him due to medical, special dietary or any other requirements. The costs of complying with such special requests, needs or facilities shall be borne by the customer and payable on demand. 3.12. The customer shall be liable for any additional costs incurred by SAT in connection with the rendering of the services as a result of incorrect or incomplete information supplied to SAT by the customer. 4. CANCELLATIONS AND REFUNDS4.1. Should the customer cancel the services or any part thereof: 4.1.1. the customer shall forfeit the deposit in all instances;
4.1.2. the customer shall forfeit 50% of the tour price should the customer cancel between the 60th day and 31st day prior to the intended date of departure;
4.1.3. the customer shall forfeit 100% of the tour price should cancellation occur 30 or less days prior to the intended date of departure. 4.2. All requests for cancellations shall be made by the customer in writing to SAT and shall only be effective on the date of actual receipt by SAT of the cancellation notice. 4.3. SAT shall not be liable for any losses incurred by the customer should airlines discontinue flights on certain routes or change scheduled timetables resulting in missed connections. Should an amendment in the itinerary be necessary, any additional costs incurred by SAT will be for the account of the customer and shall be payable immediately. 5. ALTERATIONS TO ITINERARY5.1 SAT has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure , (e.g. war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference) or any other external circumstances beyond SAT’s control. 5.2 SAT may in its sole discretion in the case of force majeure or when an amendment of the itinerary occurs due to a shortage in numbers required for a specific route, tour or activity, refund to the customer any amounts refunded to it by the third party service providers or costs which do not become payable by SAT a result of such circumstances. 5.3 Any extra costs and expenses occasioned as a result of an alteration to or cancellation of itineraries as provided for in clause 5.1 above shall be payable by the customer on demand.
5.4 SAT may further in its sole discretion cancel or terminate a customer’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behaviour of the customer, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause 5.4 shall be payable by the customer on demand. 5.5 A customer who has paid the deposit may nominate a third party to take his or her place in the event that such substitution occurs at least 120 days prior to the intended date of departure and provided that both customer shall be jointly and severally liable with the third party for the payment of the balance of the tour price. 6. INSURANCE6.1 The customer shall be responsible to arrange adequate insurance cover to provide him with comprehensive travel and medical insurance cover for himself, his dependants and other persons traveling with him for the duration of the services. This insurance cover should at least include cover for the following eventualities: any expenses associated with cancellation or curtailment of a booking: emergency evacuation and medical expenses; personal injury, repatriation expenses as well as damage/theft or loss of personal belongings. 6.2 Under no circumstances shall SAT, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a customer, his dependants or other persons traveling with him for any of the above incidents. 7. VACCINATIONS & HEALTH7.1 It is the customer’s responsibility to take all necessary vaccinations and precautions with regards to the prevention of diseases, which are endemic to certain regions in Africa. The customer shall therefore prior to utilising the services attend at his medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. SAT does not accept any responsibility whatsoever for any customer being refused entry to any country due to incorrect or incomplete health documentation or vaccinations as well as the customer contracting any disease or other illness while utilizing the services. 7.2 Customers should be medically fit and in good health and any pre-existing medical condition or illness must be declared to SAT at the time of booking. The customer must make his own make arrangements for the provision of any medication or treatments required during the time of utilizing the services. SAT will assist the customer where possible but cannot be held liable for any injury or losses suffered by the customer as a result of his medical condition at the time. 8. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS8.1 It is the customer’s responsibility to ensure that his passport and visas, and those of his dependants and other persons traveling with him are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveller’s cheques weere applicable. 8.2 SAT does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the customer be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, SAT shall not be liable for any costs of whatsoever nature occasioned thereby, including any losses incurred as a result of the customer having to return to his or her country of origin. 9. DISCLAIMER OF LIABILITY9.1 SAT shall not be liable to the customer for any claim of whatsoever nature in connection with the provision of the services (whether in contract or delict) and whether for damages for personal injury or to property, howsoever arising, including, but without limiting the generality of the aforesaid any claim arising from:- a) any negligent act or omission or statement by SAT, its servants or agents; b) the negligent driving of any employee, servant or agent of SAT; c) any grossly negligent act or omission or statement by SAT, its servants or agents, unless; i. such claim arises from the wilful misconduct of SAT, its servants or agents; ii. SAT receives written notice from the customer no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the customer shall have no claim against SAT. 9.2 Notwithstanding anything to the contrary contained in these general terms and conditions of contract, SAT shall under no circumstances whatever, be liable for any indirect or consequential losses, howsoever caused or suffered by the customer. 10. CONSENT TO RISKS ASSUMEDThe Customer consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk. 11. DEFAULT BY CUSTOMER AND RECOVERY OF ATTORNEY AND OWN CLIENT COSTS11.1 Overdue amounts due by the customer to SAT shall bear interest at the prime lending rate charged from time to time by Standard Bank of South Africa Limited to its customers, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings to be instituted by SAT against the customer. 11.2 In the event of SAT incurring any legal costs pursuant to any breach by the customer of any of its obligations, the customer shall be liable for SAT’s costs thereby incurred, on the scale as between attorney and own client. 12. CONSENT TO USE PHOTOGRAPHIC MATERIALSAT shall be entitled to take photographs, films and videos (“photographic material”) of the customer for the purposes of advertising SAT’s services duration the time that the customer makes use of such services and the customer hereby gives his consent to use such photographic material in SAT’s sole discretion, without any consideration being payable by SAT to the customer. 13. APPLICABLE LAWThese general terms and conditions and all agreements entered into between SAT and the customer pursuant thereto shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement/s were entered into 14. JURISDICTION14.1 The parties hereto agree that any dispute arising out of or in connection with these general terms and conditions, if incapable of resolution, shall be adjudicated upon by the relevant South African court having jurisdiction. 14.2 To the extent as it may be necessary, the customer hereby consents and submits to the jurisdiction of the said court, as referred to in clause 20.1 above. 14.3 Notwithstanding the provisions of clause 20.1 above, SAT shall have the right to institute legal proceedings against a customer in any Magistrate’s Court having jurisdiction in terms of Act no. 32 of 1944, as amended, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said Court. 15. NON-VARIATION No variation or alteration of these general terms and conditions of contract shall be of force and effect unless reduced to writing and signed by a both parties. 16. NON-RELAXTION AND NON WAIVER 16.1. No indulgence, leniency or extension of a right, which either of the parties may have in terms of this agreement, and which either party (“the grantor”) may grant or show to the other party, shall in any way prejudice the grantor, or preclude the grantor from exercising any of the rights that it has derived from this agreement, or be construed as a waiver by the grantor of that right. 16.2. No waiver on the part of either party to this agreement of any rights arising from a breach of any provision of this agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision. 17. SEVERABILITYIn the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. 18. NOTICESAll notices referred to in these general terms and conditions shall be either sent by fax or email and shall be deemed to have been received by the recipient the following working day. | 
