General Terms & Conditions - Africanamigo Travel

Application

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Africanamigo Travel are subject to these terms and conditions.

The Client and Authority

The person requesting such quotations or estimates or making such booking or to whom any service is rendered with, 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 booking is requested and/or provided and/or the person to whom the services are rendered.

Third Party Suppliers

Africanamigo Travel provides services of third party Suppliers who are engaged in or associated with the travel industry and therefore only act as agents on these Suppliers’ behalf. Africanamigo Travel accepts no liability for any loss, damage, injury, illness, harm, or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Supplier to fulfil their obligations. The contract in use by the Supplier shall constitute the sole contract between the Supplier and the Client and any right of recourse the Client may have will be solely against the Supplier. Africanamigo Travel will provide the Client with the Suppliers Terms and Conditions relevant to the service being provided to the Client. It is the Clients responsibility to familiarise itself with the Suppliers 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 such brochures and/or the Internet have been compiled and are managed and up-dated by the Supplier over which Africanamigo Travel has no control. Accordingly Africanamigo Travel 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 Supplier.

Pricing

All estimates and confirmation prices are given at the daily rate of exchange and are guaranteed on that day only with the exception of air tickets.

Air tickets cannot be guaranteed as airlines can increase or withdraw prices without prior notification. Until such time as Africanamigo Travel have received the full payment from the Client and paid the Supplier, the Supplier reserves the right to charge any fluctuations to the Client. The onus will be on the Client to check if there has been any change in the price prior to making the final payment.

Once the payment has been received in full then the price is guaranteed.

Booking

Africanamigo Travel will affect the booking once the client has advised them of their travel requirements either verbally or in writing. Wherever possible Africanamigo Travel will endeavour to confirm the client’s requirements and advise them of the status of the booking in writing. Failure to provide the client with written confirmation shall not change the terms and conditions of the booking nor shall it constitute any negligence on behalf of Africanamigo Travel.

Booking Forms

The client must complete, sign, and return to Africanamigo Travel any booking forms that have been forwarded to them. No Supplier will release documents without the booking form.

Payment - Air Tickets

Africanamigo Travel will advise the client of all the rules and regulations pertaining to the specific airfare that has been estimated and this will include the date and time that the client must pay in full for the air ticket. Due to demand the airlines may advise Africanamigo Travel of an amended date which is earlier than previously advised. At all times the most restrictive instruction is the one that must be adhered to. Failure to pay for the air ticket in the given time will result in the airline automatically cancelling the flights. Africanamigo Travel will not be responsible should the original flights and price not be reinstated.

E-Ticketing

All passengers including Children and Infants travelling with Electronic Air Tickets must be ready to show their identity document (for domestic flights) and their passport (for international flights) at the check-in counter of the airline concerned.

Payment - Land Arrangments

The balance of price is due between six and eight weeks before departure. The final payment must always be re-confirmed due to the fluctuation of the South African Rand. Late payment may result in the Supplier cancelling the reservation and Africanamigo Travel will not be responsible should the original booking not be reinstated.

Application

The acceptable forms of payment are:

1.  Electronic Funds Transfer (EFT). 2.  Direct cash deposits. The payment must reflect in the Africanamigo Travel bank account before the Supplier is paid. 

Proof of all cash deposits and EFT’s must be e-mailed or faxed to Africanamigo Travel.

Late Booking

A booking with Africanamigo Travel will be considered “late” when the client requests any travel arrangements four working days before the intended date of departure. Africanamigo Travel will advise the client of these costs at the time of enquiry and this fee will be non-refundable.

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 Africanamigo Travel.

Amendment Fees

Africanamigo Travel will confirm to the client their fees and those of the Supplier at the time of the amendment request.

Unscheduled Changes

In the unlikely event of there being unscheduled change to the final itinerary caused by flight re-scheduling and delays, bad weather, strikes or any other cause which is beyond the control of the Africanamigo Travel, its agents or the Suppliers, it is understood that any expenses relating to these unscheduled changes (hotel accommodation etc) will be for the Client’s account.

Itinerary Variations & Transfers

While every effort is made to keep to the final itinerary, Principals and/or Africanamigo Travel reserves the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a 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 the itinerary, it is understood that such breakaways will be for the Client’s account.

Cancellations

In the event of the client cancelling the booking, Africanamigo Travel shall have the right to either claim or retain the deposit and claim damages suffered by them. Africanamigo Travel will apply for the refund on the clients behalf but will not be responsible to enter into any correspondence on behalf of the client should it be denied.

The Suppliers may reserve 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 Africanamigo Travel.

Refunds

No refunds will be considered in any circumstances whatsoever by the Africanamigo Travel. All Refunds by the Suppliers will be subject to their terms and conditions.

Insurance

Insurance can only be purchased prior to departure and Africanamigo Travel strongly recommends that clients obtain the following types of insurance which are commercially available: Accidental death and disability, Emergency medical evacuation, Trip cancellation, Major Medical and Loss of personal effects. Africanamigo Travel will not be responsible or liable if the Client fails to take adequate insurance cover or at all.

Travel Documents

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full.

Passports

It is entirely the client’s duty to ensure that all passports are current and will be valid for at least six months after the clients return to his/her home country. It is strongly recommended that copies of the passports are given to Africanamigo Travel at the time of the booking to ensure that all names are spelt correctly.

Non South African passport holders are required to have a minimum of three blank pages – excluding the front and back covers - in their passport for the entry visa. If there is insufficient space in the passport entry will be denied and person is likely to be detained pending return to their country of origin.

Non South African passport holders may also be required to have re-entry documentation and it is entirely the Client’s duty to ensure that such documentation is in order before departure.

Driver's Licence

Should the client be driving overseas they must obtain an International Drivers Licence in their country of residence prior to their departure. The client must also take their National Drivers Licence with them as proof.

Visas and Health

It is entirely the Client’s duty to ensure that all visas are obtained on time and that the correct number of entries on the visa is noted. It is the clients duty to ensure that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.

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.

Re-Confirmation of Travel Arrangements

All onward travel arrangements (domestic, local and international) must be reconfirmed by the Client 72 hours prior to departure.

Special Requests

Clients, who have special requests, must specify such requests to Africanamigo Travel in the Enquiry or in response to the Estimate. Whilst Africanamigo Travel will use its best endeavours to accommodate such requests, it does not guarantee that it will.

Conduct

The Client agrees that he/she will at all times comply with Africanamigo Travel or others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger.

Malaria and Other Tropical Diseases - WARNING

If certain parts covered by the 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.

Foreign Exchange Regulation Compliance

This is the Client’s exclusive duty.

Responsibility and Limitation of Liability

The Proposed Travel Arrangements are made on the express condition Africanamigo Travel, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of Africanamigo Travel whatsoever, unless such claim is due to the negligence of Africanamigo Travel and such claim is lodged in writing with Africanamigo Travel 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 Africanamigo Travel, its employees and agents accordingly. Africanamigo Travel, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.

Force Majeure

Africanamigo Travel shall have the right to cancel any contract should its fulfilment 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 Africanamigo Travel. Force Majeure includes renovations that may be carried out at your resort – whilst Africanamigo Travel 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 Africanamigo Travel. All monies paid to Africanamigo Travel by the Client will be reimbursed less a 5% (Five percent) of the Price as an administration charge;

Law and Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Africanamigo Travel. Africanamigo Travel 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.

Confidentiality

Subject to statutory constraints or compliance with an order of court, Africanamigo Travel undertakes to deal with all Client information on a strictly confidential basis.

Legal Fees

The Client will be liable for all legal fees on an attorney and own client scale in the event that Africanamigo Travel has to engage a lawyer to enforce any of its rights or otherwise.

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 (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Africanamigo Travel or otherwise that is not included herein.