Interpretation and preliminaryThe headings to the clauses are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this, the Company’s General Terms and Conditions of Service, nor any clause. Unless a contrary intention clearly appears -
words importing -
any one gender include the other two genders;
the singular include the plural and vice versa; and
natural persons include created entities (corporate or unincorporate) and the state and vice versa;
the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely –
“Client” means the person who has completed and signed a booking form with the Company and each person named as a traveller or client of the Company in that booking form;
“Company” means Kumba Safari Tours (Proprietary) Limited, registration number xxxx/xxxxxx/07, a private company duly incorporated and domiciled in the Republic of South Africa and who operates and trades under the name and brand “Kumba Safari Tours” and “www.kumbasafaris.com”;
“Departure Date” means the date on which the Tour for which the Client has booked is set to depart South Africa for its destination as per the details of the relevant Tour;
“Final Booking” means the final reservation of space on the selected Tour by the Company for the Client after the Client has paid the Tour Fee in full on or before the Payment Date;
“Force Majeure” means any circumstances beyond the reasonable control of the Company, including, but not limited to, acts of God, explosion, flood, fire, war or threat of war, sabotage, civil disturbance, quarantine, government intervention, weather conditions or other unexpected occurrences;
“General Terms and Conditions of Service” means the terms and conditions as set forth in this agreement and which governs the relationship between the Company and the Client;
“Payment Date” means a date no later than 30 days prior to the Departure Date and on which payment of the Tour Fee, or any such outstanding balance thereof as is due after applying any deposit which the Client has already paid thereto, is payable;
“Provisional Booking” means the reservation of space on the selected Tour by the Company for the Client after the Client’s booking application has been accepted by the Company and the Client has paid a deposit of 50% of the Tour Fee to the Company, but which reservation is subject to payment of the balance of the Tour Fee by the Client to the Company on or before the Payment Date;
“Tour” means the safari which the Client has booked and includes accommodation, activities and travel as per the relevant itinerary; and“Tour Fee” means the amount invoiced to the Client by the Company for the Tour selected by the Client.
any reference in this General Terms and Conditions of Service to "Date of Signature" shall be read as meaning a reference to the date on which the Client signed the booking application;
any reference to an enactment is to that enactment as at the Date Of Signature Hereof and as amended or re-enacted from time to time;
if any provision in a definition is a substantive provision imposing rights or obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the General Terms and Conditions of Service;
when any number of days is prescribed in this General Terms and Conditions of Service, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
expressions defined in this General Terms and Conditions of Service shall bear the same meanings in annexures or schedules to this General Terms and Conditions of Service which do not themselves contain their own conflicting definitions;
the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding word/s;
the words “other” and “otherwise” shall not be construed eiusdem generis with any preceding words where a wider construction is possible;
the use of any expression in this General Terms and Conditions of Service covering a process available under South African law such as a winding-up (without limitation eiusdem generis) shall, if any of the parties to this General Terms and Conditions of Service is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such defined jurisdiction;
where any term is defined within the context of any particular clause in this General Terms and Conditions of Service, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this General Terms and Conditions of Service, notwithstanding that that term has not been defined in this interpretation clause; and
the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
The Company provides overland safari tours to destinations in Africa.
There shall be no binding contract between the Company and the Client until such time as:
The Company has accepted the Client’s booking application and informed the Client likewise; and
The Client has paid a deposit of 50% of the Tour Fee to the Company.
The Client is not entitled to space on the Tour until such time as a Final Booking has been confirmed to the Client by the Company.
The Client must pay to the Company a deposit equal to 50% of the Tour Fee within 5 days of the Date of Signature and the Company shall, within 48 hours of such payment, register a Provisional Booking on the Tour for the Client and e-mail the Client a confirmation of the Provisional Booking.
The Client must pay the remainder of the Tour Fee to the Company on or before the Payment Date and the Company shall, within 48 hours of such payment, register a Final Booking on the Tour for the Client and e-mail the Client a confirmation of the Final Booking.
All payments due by the Client to the Company and not paid via credit card through the Company’s website shall be made to the Company’s bank account, the details of which are as set forth below, with the Client’s booking number as reference:
Account holder: Kumba Safaris
Account number: 624 286 37237
Branch code: 251945
Account type: Cheque Account
Payment may be made via Visa, MasterCard, Diners or American Express credit cards on the Company’s website. Credit card transactions will be acquired for the Company via PayGate (Pty) Ltd, the approved payment gateway for all South African Acquiring Banks. PayGate (Pty) Ltd uses Secure Socket Layer 3 (SSL3), the strictest form of encryption, and no credit card details are stored on the Company’s website. Clients may go to www.paygate.co.za to view Paygate (Pty) Ltd’s security certificate and their security policy. The Company, and not Paygate (Pty) Ltd, remains liable for all aspects of the transaction, irrespective of whether or not payment was effected through the use of Paygate (Pty) Ltd’s website, including customer service and support, dispute resolution and rendering of the service so paid for.
A failure to make payment in full of the Tour Fee on the Payment Date shall result in the Company having the option to cancel the Client’s Provisional Booking and retain any portion of the Tour Fee paid in terms of the Company’s cancellation policy as more fully set forth in clause 5 below.
All amounts payable to the Company are calculated and due, whether paid in cash via an electronic funds transfer or by way of credit card, in South African Rand (ZAR). For the sake of clarity and as far as payment by credit card is concerned, South Africa is the merchant outlet country at the time that payment options are presented to Clients.
Any cancellation of a Provisional or Final Booking by a Client must be done in writing and shall only be effective once the Company has acknowledged having received same.
The date upon which the Company acknowledges receipt of the purported cancellation shall be deemed to be the date of cancellation.
The Company will return to the Client any monies received by the Company from the Client, subject to the retention of the following percentage of such monies as cancellation charges:
10% if the booking is cancelled 40 or more days before the Departure Date,
30% if the booking is cancelled 30 days or more but less than 40 days before the Departure Date;
50% if the booking is cancelled 20 days or more but less than 30 days before the Departure Date;
80% if the booking is cancelled 10 days or more but less than 20 days before the Departure Date; and
100% if the booking is cancelled with less than 10 days before the Departure Date.
Changes to the ItineraryThe Company shall not be deemed to be in breach of these General Terms and Conditions of Service or otherwise be liable to the Client by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the Tour.
No refunds are given for circumstances arising beyond the Company’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the Tour by the Client.
In the unlikely event of a vehicle breakdown that is beyond the Company’s control and ability to repair within a reasonable period of time, the Company will arrange to have the spare part sent to the current location in the fastest possible time, but may be forced to amend the itinerary of the Tour to accommodate any delay incurred.
The Company in any event reserves the right to alter the itinerary of the Tour to the extent it deems necessary in its sole discretion in order to make up any time lost due to any unforeseen circumstances arising which are beyond the Company’s control.
The company reserves the right to cancel the Tour without prior notification and in such an event only agrees to refund all monies already paid and received by the Company from the Client.
Travel and cancellation insurance is mandatory for every Client.
It is the Client’s responsibility to arrange and obtain the necessary insurance prior to the Departure Date.
The Company recommends that the Client obtains insurance with protection for the full duration of the travel, to cover personal injury, medical expenses, repatriation expenses and loss of luggage.
If a Client falls ill or is injured or otherwise becomes incapable of continuing with the Tour or any part thereof, then all hospital expenses, medical expenses, doctor’s fees and repatriation costs are for the Client’s account and the Company shall not be liable for any refund of the Tour Fee.
LiabilityThe Client hereby acknowledges, confirms and records that it understands the risks inherent in adventure travel in African destinations and associated activities.
The Client is accepted for participation on the Tour and undertakes to do the Tour at its own risk.
The Client agrees and concedes that the Company, its representatives and employees shall not be responsible for loss or damage to possessions, or injury or illness to the Client or loss of life or consequential damages which might occur from any cause whatsoever related to the Tour, unless directly caused by the Company’s negligence.
In this regard the Client irrevocably waives any rights the Client may have to claim any form of compensation for any damages which the Client may suffer due to loss or damage to possessions or injury or illness or death whilst on, or at any time after, the Tour, from the Company; and
The Client hereby indemnifies and holds the Company harmless against any and all claims whatsoever the nature relating to the Tour.
The carriage and storage of all baggage and personal effects are at all times done at the Client’s risk and the Company will not accept any liability for any loss or damage of baggage or personal effects.
Health and Age Restrictions
The Client acknowledges that it has read through and been made aware of the content and scope of the proposed itinerary of the Tour and hereby confirms that he or she is medically fit, in good physical and mental health and able to embark on the Tour.
If a Client has a pre-existing medical condition or illness then the Client must declare the true nature of such a condition to the Company before the Departure Date. Any failure to fully declare such a condition may result in the cancellation of the Client’s Provisional or Final Booking.
Children under the age of 18 must be accompanied at all times by an adult on the Tour.
Claims and ComplaintsIn the unlikely event that the Client has a complaint against the Company, the Company must be informed immediately in order that an opportunity is afforded to the Company to investigate the situation and provide redress.
If the Client has any further complaints these must be lodged in writing to the Company within 1 month of completion of the Tour.
If these procedures are not followed, the Company will not start or continue any investigation of said complaint.
Rights and Responsibilities of the Company
The information in any brochure and printed itineraries is given in good faith by the Company and is based on the latest information available to the Company, but serve as a guideline only.
The Company reserves the right to change the facilities or transport described in any publication without being liable for any compensation or refund. The Company specifically reserves the right to amend these general terms and conditions at any point in time and without prior notice.
The Company shall take all reasonable steps to protect the personal information of Clients. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569. The Company specifically undertakes that the personal details of Clients will be stored separately from the credit card details of Clients as entered by Clients on PayGate’s secure website.
The Company Authority
Any decision made by the Tour guide, acting as a Company representative, shall be deemed final on all matters.
The Company shall not be responsible or liable for any Client who commits an illegal or unlawful act in any country visited, or the consequences of such an illegal act. The Client may in such circumstances be excluded from further participation in the Tour without a refund, at the sole discretion of the Company or Company representative.
If the Company considers a Client unsuitable for a Tour due to mental or physical illness or implied danger to any other Client or Company representative, it may at its sole discretion decline to carry the Client further.
If a Client causes severe inconvenience or annoyance to other Clients, the Company may decline to carry the Client further, without any refund whatsoever. This will only occur after extensive intervention by the Tour guide or Company representative.
It is the Client’s sole responsibility to ensure that passports, visas, travel permits and inoculations required for the Tour are obtained well in advance and are in order in terms of all the countries to be visited.
It is the Client’s responsibility to meet any additional costs incurred either by the Client or by the Company on the Client’s behalf as a result of any failure by the Client to comply with such requirements.
The Company may not be held liable for any failure on the part of a Client to be in possession of the correct travel documentation.
If a Client arrives at a border point or crossing without a passport, visa, travel permit or inoculation as required by the country being crossed into, or if such passport, visa, travel permit or inoculation as provided by the Client to the relevant officials is not deemed acceptable or sufficient, the Company may elect to deny the Client any further participation in the Tour.
In such an event the Company shall attempt to assist the Client in making further travel arrangements, but shall not be obliged to do so or to wait until the Client has made such before continuing with the Tour; and
The Company shall not be liable to repay any portion of the Tour Fee to the Client, nor for any expenses the Client incurs in such further travel arrangements as the Client decides upon.
Baggage is strictly limited to one large bag, weighing a maximum of 15 kg, and one hand-luggage bag or camera bag per Client.
Overloaded vehicles are inherently dangerous and the Company reserves the right to refuse a Client permission to board any Tour vehicle if the Client does not comply with the luggage allowance limitation.
The Company’s chosen domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, is as follows:
Postal address: 31 Mendelsohn Street,
Sonstraal Heights Durbanville
Western Cape, South Africa
Physical address: 31 Mendelsohn Street,
Sonstraal Heights Durbanville
Western Cape, South Africa
Contact person: Chad Lourens
Contact number: 021 976 8694
The Client’s chosen domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, is as completed by the Client on the booking form.