1. General Terms

1. General terms

The following terms and conditions (“Terms and Conditions”) are the standard terms and conditions in respect of which Africa Bound Safaris Ltd a company registered in Mauritius with company number 123952 C2/GBL (“Africa Bound Safaris”) provides safari planning, tour operator, private guiding and related services. All holidays tours and safaris and services arranged and provided by Africa Bound Safaris will be subject to these Terms and Conditions unless otherwise agreed in writing. This contract may only be varied in writing by a duly authorized officer or director of Africa Bound Safaris.

1.1. The placement of any booking/s, whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the Terms have been read and that the Guest agrees to be bound by the terms.

1.2. All persons (natural and juristic) making a booking with Africa Bound Safaris in respect of any of the holidays or tours arranged by Africa Bound Safaris warrant that:

1.2.1.  they have read, understood and accepted these terms and conditions

1.2.2.  They (Traveller) have the necessary authority to make such booking on behalf of each individual named by them in such booking as intending to participate in any of the holidays, tours or safaris arranged by Africa Bound Safari

1.2.3.  Each Traveller has read, understood and accepted these Terms and Conditions and the details contained in the itinerary (as may be amended from time to time) prior to the date on which such booking is finalized by Africa Bound Safaris.

1.3.   Unless otherwise notified by Africa Bound Safaris, the Trading Terms apply for the period covered by this Agreement in relation to all operational divisions and services of Africa Bound Safaris unless otherwise indicated.

2. Conditions Specific to Africa Bound Safaris

Whilst Africa Bound Safaris has used its best endeavours to standardize these Trading Terms, there may be instances where, with specific reference to bookings made with various suppliers, it may be necessary from time to time to vary the payment and/ or other terms, in which event the Guest will be notified at the time the booking is made.

2.1.     In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Africa Bound Safaris acts as agent only for and on behalf of the client in procuring the services. As such, Africa Bound Safaris shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Africa Bound Safaris shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.

2.2.     General

2.2.1.  Final itineraries will reflect the following:

2.2.1.1.      Accommodation;

2.2.1.2.      Room type(s) and specification;

2.2.1.3.       Meals and/ or beverages included, where and if applicable;

2.2.1.4.      Transfers and or transport where specified.

2.2.2.   Itineraries may be subject to change at any time, even after issue, due to unforeseen circumstances beyond the control of Africa Bound Safaris. This includes flights, accommodation and arranged sightseeing. Every effort will be made to operate itineraries as planned.

2.2.3.  Africa Bound Safaris reserves the right to make alterations to and/ or withdraw a tour or any part of it as is deemed necessary, and to pass on to Guests any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, Africa Bound Safarus reserves the right to make adjustments to the itinerary/ tour costs as necessary.

2.2.4.  Provision for the handling of baggage by Africa Bound Safaris and its suppliers will be as per the quotation. Weight restrictions for baggage on some routes on internal/domestic flights scheduled charters and private charters may apply, details of which will be provided with documentation.

2.2.5.  Safekeeping of baggage and personal effects shall at all times remain the Guest’s risk throughout. Africa Bound Safaris will assume no liability for lost or damaged baggage.

2.2.6.  It will be the Guests responsibility to verify with the relevant international carrier the extent of baggage restrictions which may apply.

2.2.7.  It is a requirement of Africa Bound Safaris that it shall be the Guests’ responsibility to ensure that the Guest has sufficient medical and travel insurance cover in place to cover in-hospital medical expenses and associated costs once admitted to hospital.

2.2.8.  By virtue of the fact that Africa Bound Safaris sub contracts the flying services to independent operators, Africa Bound Safaris cannot accept any responsibility in respect of any delay in flights and/ or any inaccuracies of flight schedules which may occur.

2.3 Photography

Africa Bound Safaris reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By booking a tour with Africa Bound Safaris it will be deemed that Guests have consented to the use of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.

2.4 Pricing

2.4.1.  Price includes our fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable.

2.4.2.  Scheduled sightseeing tours unless stipulated exclude entrance fees.

2.5 Exclusions

Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.

2.6 How to Book

2.6.1.  We require the reservation form below to be completed and the required non-refundable 30% deposit to confirm your booking.

2.6.2.  The Guest is responsible for informing Africa Bound Safaris of any bookings, confirmations, booking amendments, reductions or cancellations of rooms or services in writing by e-mail or by fax to enable Africa Bound Safaris to make the required itinerary arrangements. The onus of proof of delivery will rest on the Guest.

2.6.3.  Provisional booking periods are determined by our suppliers. Africa Bound Safaris reserves the right to release reservations.

2.6.4.  Africa Bound Safaris  will, at the request of the Guest in writing, attempt to extend provisional bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of suppliers.

2.6.5.  It is recommended that the Guest be in possession of the required deposit payment before confirming any Reservations with Africa Bound Safaris;

2.6.6.  Upon confirmation the Guest’s nationality and scan of current passport will be required.

2.7 Prices

We will do our utmost to keep to the prices quoted.  Should increases by forced on us by, any accommodation, airlines, exchange rates, etc, we reserve the right to surcharge without notice.

2.8 Surcharges

The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline costs changes which are part of the contract between airlines and tour operators. Also government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. Africa Bound Safaris reserves the right at its discretion to levy the surcharges to the traveller.

2.9 Payment/Deposit

2.9.1.  Deposit
Once we have received your initial deposit of 30% per person. It is at this stage that a valid contract will come into existence between us. Please check your confirmation/final invoice together with all tickets/documents carefully as soon as you receive them and contact us immediately if you think any details are incorrect.
2.9.2.  Final Payment

The deposit is part payment of your journey and final payment is due 60 days prior to departure. On receipt of this, we will send vouchers if applicable, tour info, etc. Please ensure that you receive these before you depart on your safari.

2.9.3. Bookings within 60 Days of Departure

Full payment is required at the time of booking for all bookings made within 60 days of departure.

2.9.4. Unless prior arrangements have been made with Africa Bound Safaris the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by Africa Bound Safaris in respect Confirmed Reservations, as well as the payment of any cancellation fees due.

2.9.5. Payment will be effected by electronic fund transfer to accounts as provided at time of confirmation.

2.9.6. It is acknowledged by the Guest that, with specific reference to touring services which are arranged by Africa Bound Safaris pursuant to this Agreement, certain portions of said touring services may be exempt from VAT, whilst other portions may be subject to VAT at the standard or zero rate. To this end the Guest agrees that prices and /or the fees charged by Africa Bound Safaris in respect of touring services are inclusive of VAT at the relevant rate, if applicable, but exclusive of any other taxes.

2.9.7. In the event that payment is made by Credit Card the guest agrees that, in order to defray not only administrative costs associated with the processing of the credit card payment, but also costs levied by the relevant credit card company in processing the credit card payment, Africa Bound Safaris will be entitled to charge an administration fee on the transaction, which administration fee will not exceed 4% (four per cent) of the value of the booking;

2.9.8. Africa Bound Safaris reserves the right to request credit card details to secure all short lead time bookings which have been confirmed within 7 (seven) days of travel. When such a request is made a credit card authorization form needs to be completed, and copies of the back and front of the credit card should be provided

2.9.9. Should the Guest fail to effect any payment on due date or breach any other Trading Term of this Agreement, Africa Bound Safaris shall, be entitled to:

2.9.9.1. cancel this agreement and take such action as may be deemed necessary to recover the full amount owing to Africa Bound Safaris, and/or;

2.9.9.2. cancel any future bookings made by the Guest, and/ or;

2.9.9.3. recover from the Guest any costs incurred due to late cancellation, and/or;

2.9.9.4. refuse to accept any further bookings from the Guest, and/ or;

2.9.9.5. request payment from Guests on arrival prior to the rendering of any services, and/ or;

2.9.9.6. levy a charge on all overdue account balances at a rate that is equal to the quoted prime lending rate levied against Africa Bound Safaris by its suppliers

2.10. Cancellation, Amendment, Reduction and Refunds

2.10.1. An amendment will refer to a change in travel/arrival date and/or an increase or reduction in number of rooms or services required, after confirmation.

2.10.2. All amendments made will be subject to the cancellation policy.

2.10.3.     Cancellation of your booking must be in writing.  If your cancellation is made after the due date for full payment, charges will be levied.  The scale of charges, expressed as a percentage of the tour price, is as follows:

2.10.3.1. Less than 60 days – deposits plus 25%

2.10.3.2. Less than 45 days notice – 100%

 Please note: certain properties booked on your behalf may vary from the above and require a 50% deposit on confirmation. Should you fail to join a tour or join it after departure or leave it prior to its completion, no refund can be made.

2.10.4. Reservations held by Africa Bound Safaris where no deposit has been paid or where no guarantee has been given will be cancelled by Africa Bound Safaris on notice to the Guest;

2.10.5. All Amendments, Reductions, Refunds and Cancellation for Independent Travellers will be determined in the sole and unfettered discretions of the suppliers utilized in any itinerary.

2.10.6.  Refunds will not be made for any missed services.

3. Banking Details

Electronic transfers or bank drafts drawn in favour of “Africa Bound Safaris may be paid directly into the bank accounts specified by &Beyond.

A copy of the deposit slip or bank draft, together with the appropriate guest / group details, reservation number and invoice number must be faxed or emailed to &Beyond in Johannesburg in order to reconcile the appropriate records.

Failure to do so may result in the payment not being reflected against the booking, and the space released due to non-payment.

4. Guest Responsibilities

4.1. The Guest shall:

4.1.1. Provide at time of confirmation their nationality. This information is used for market data purposes and is a requirement of various banks on receipt as funds as well as hotels/camps/lodges
4.1.2. Adhere strictly to the provisions of the Trading Terms;

4.1.3. Not knowingly engage in any distribution or trade practice or advertising method which will be harmful to Africa Bound Safaris;

4.1.4. Without delay, communicate all bookings and/or cancellations to Africa Bound Safaris in writing or by fax or by e-mail;

4.1.5. Promptly comply with any reasonable instruction given by Africa Bound Safaris;

4.1.6. Take out the correct comprehensive travel and medical insurance to cover themselves, as well as any dependents and travelling companions for the duration of their tour. This insurance should include coverage in respect of, but not limited to, the following eventualities: cancellation or curtailment of the safari, emergency evacuation expenses, medical expenses, repatriation expenses, damage, theft or loss of personal baggage, money and goods.  Africa Bound Safaris will take no responsibility for any costs for losses incurred or suffered by the guest, or guest’s dependents or travelling companions, with regards to, but not limited to, any of the above mentioned eventualities. Guests will be charged directly by the relevant service providers for any emergency services they may require, and may find themselves in a position unable to access such services should they not be carrying the relevant insurance

4.1.7. Ensure they have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned, We cannot be held liable for any visas, etc not held by our clients.   The South African Government requires that you have two completely blank facing pages in your passport on entry and passport must be valid for a period of 6 months. These regulations vary from country to country, the guest undertakes to ensure familiarity with all Visa and Passport regulations of countries travelling to

4.1.8. Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;

4.1.9. Understand that in some cases their travel may take them into isolated regions and in close proximity with wildlife.  Whilst attacks by wild animals are rare Africa Bound Safaros cannot guarantee they will not occur. Neither Africa Bound Safaris its employees or agents can be held responsible for any injury or incident on safari. Guests will be required to sign a conditions and waiver form at the time of their safari;

4.1.10. At time of booking provide all special requests or preferences with regards to dietary or medical requirements

4.1.11. Should there be a special occasion the guest should notify Africa Bound Safaris on the guest questionere

4.1.12. Complete the Guest questionere timeously providing all requested details

4.1.13. The Guest is solely responsible for ensuring that all payments due to Africa Bound Safaris are received timeously by Africa Bound Safaris in accordance with the provisions of the trading terms

5. Africa Bound Safaris Responsibilities

5.1. Africa Bound Safaris shall:

5.1.1.  Have the responsibility of planning and arranging itineraries, provide quotations, make reservations, confirmations, invoicing and credit control relating to the accommodation and travel packages;

5.1.2.  Stipulate all accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;

5.1.3.  Be entitled to change flights, accommodation and arranged sightseeing due to unforeseen circumstances after the itinerary has been issued. Should this occur Africa Bound Safaris will inform the Guest. Every effort will be made to operate the tour as planned;

5.1.4. Make every effort to secure special requests, however these cannot be guaranteed;

5.1.5. Promptly supply the Guest with brochures, information that the Guest may require;

5.1.6. On request, provide to the Guest proof of any insurance policies taken out in its name; and

6.     Africa Bound Safaris shall not be responsible for

6.1.   Any person acting for, through or on behalf of Africa Bound Safaris shall be liable for any loss or damage whatsoever arising from any cause whatsoever. In addition, Africa Bound Safaris shall have the right at any time at its discretion to cancel any tour or the remainder thereof or make any alteration in route, accommodation, price or other details.
6.2.   Changes to Schedules – Although every effort is made to adhere to schedules, Africa Bound Safaris reserves the right to occasionally change routes and accommodation as dictated by changing conditions.
6.3.   Refunds – Whilst Africa Bound Safaris endeavours to ensure all anticipated accommodation is available as planned, there shall be no claim of any nature whatsoever against Africa Bound Safaris for a refund either in the whole or part, if any accommodation, or excursion is unavailable or reasonable alternative is not found.  If the client is unable to use any service provided in the itinerary, no refunds will be due.
6.4. Delays – We cannot be held liable for any delays or additional costs incurred as a result of airlines, air charter services not running to schedule.
6.5. Guide – Should the allocated guide be unable to take a safari owing to illness, we reserve the right to substitute with another guide.
6.6. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

6.6.1. the fault of the person(s) affected or any member(s) of their party

6.6.2. the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or

6.6.3.  an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause

6.6.4. the fault of anyone who is not carrying out work for us (generally or in particular) at the time.

6.7. In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

6.8. Please note: we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel, camp lodge or resort or any other supplier agrees to provide for you where the services or facilities are not specifically referred to in your itinerary as supplied by us and we have not agreed to arrange them and any excursion you purchase in resort.

6.9. The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provide

6.10. Please note that we cannot accept responsibility for weather conditions or the presence or absence of particular wildlife from your safari. In particular, severe drought conditions can lead to local authorities imposing restrictions on use of water; conversely unseasonal rains may make a particular location impassable. Every effort will be made to ensure that you are not subject to inconvenience due to any of the above, but no responsibility can be accepted if this does occur.

6.11.   If you are unhappy with any of your holiday while you are away you must address your complaint at the earliest opportunity to the supplier of the services and to us. If the problem is not resolved by the end of your holiday you must supply us with full written details within 14 days thereof. Failure to complain at the earliest opportunity may prejudice your legal rights.

6.12.     We are not responsible for any loss, death or injury that is attributable to your acts or omissions, or acts or omissions of third parties not involved in providing the services which make up your holiday, Nor are we liable for unusual or unforeseen circumstances whose consequences could not have been avoided by exercising all due care. You are responsible for the conduct of any children travelling with you and for their compliance with all our conditions

7.     Breach

7.1.     Either Party shall be entitled, without prejudice and in addition to any rights which it may have in terms of this Agreement or in law, forthwith to cancel this Agreement or to uphold this Agreement and in either event to claim such damages as it may have suffered in the event that the other Party:

7.1.1.   commits a breach of any of the terms of the trading terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other Party calling for such breach to be remedied; or

7.1.2.  takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration or judicial management; or

7.1.3.  prior to or during the currency of these trading terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as defined in the Insolvency Act No. 24 of 1936, as amended, if committed by a natural person; or

7.1.4.  fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 days after the date on which it becomes final.

7.1.5.  if the Guest fails to timeously pay to Africa Bound Safaris any amount due to Africa Bound Safaris as set out in the trading terms, and fails to remedy such breach within a period of 3 (three) days after receipt by it of written notice from Africa Bound Safaris calling for such breach to be remedied, Africa Bound Safaris shall be entitled, without prejudice, to its rights in terms of the trading terms, or in law, to terminate these terms and claim such damages as it may have suffered, and to cancel any Reservations that may have already been made for the Guest.

8.     Force Majeure

8.1.     If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.

8.2.     The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.

9. Dispute Resolution

9.1 In the event of any dispute, controversy or claim (a “dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the trading terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the dispute between themselves.

9.2. If the Parties are unable to resolve a dispute by mutual agreement within 14 (fourteen) days after the dispute is first communicated in writing by any Party to the others, then the dispute shall be submitted to and decided by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa, by an arbitrator agreed upon between the Parties or, failing agreement, appointed by that Foundation.

9.3. Unless otherwise agreed by the Parties in writing the arbitration shall be held in Sandton in the Gauteng Province of the Republic of South Africa.

9.4. The arbitrator shall be obliged to give in writing the reasons for any decision made by him in the course of the arbitration.

10. General
10.1. If any provision of the Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10.2. Neither Party may, without the express written consent of the other Party, cede or delegate any of its rights and/ or obligations in terms of this Agreement.
10.3. Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.
10.4.No failure by a Party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
10.5. No party, nor the trustee, provisional liquidator, liquidator, provisional judicial manager, or judicial manager of any party, may cede any of its rights or delegate any of its obligations under the Trading Terms.
10.6. Each party warrants that he is acting as a principal and not as a Guest for an undisclosed principal.

11. Costs
All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the trading terms by the other Party, including but not limited to legal costs on the attorney and own Guest scale, shall be borne by the Party in breach.

12. Entire Agreement
The covering letter and Trading Terms, read with the applicable confirmation and the relevant Guest agreement in respect of each Reservation, contains the entire agreement between the parties and Africa Bound Safaris shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by Africa Bound Safaris, its companies or servants) which are not recorded therein. Subject to the provisions, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.

13. Governing Law
The terms and conditions of this Agreement will be governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.

14. Counterparts
This Agreement may be executed in counterparts, each of which will be deemed to be an original of this Agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this Agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this Agreement.