African Encounters Terms & Conditions
The following set out the terms and conditions which are applicable between client and African Encounters. Client accepts that by signing the booking form they will adhere to the terms and conditions set out hereafter which are valid and binding.
1) The client who signifies his acceptance of a booking does so, on behalf of himself and persons under his authority which means that all are bound by the booking conditions as if they had individually made the application themselves. All bookings are made with African Encounters and no person has any authority on its behalf to vary any of the terms and conditions which are applicable.
2) Deposits- A non-refundable deposit of R4500 per person unless otherwise stated is required within 48 hours of African Encounters sending the client the booking confirmation. Deposits need to be received within 48 hours of receipt of the client’s invoice to prevent airlines from cancelling seats. Should an airline cancel a client’s seats due to non-payment within 48 hours, the client will be responsible for the difference in seat price, should African Encounters be unable to re-instate the booking on the original seat class.
Should a client elect to pay the deposit and pay the balance due within six weeks of departure date (as set out in clause 5), the client fully understands that the prices are quoted in SA Rand and are calculated by African Encounters based on prevailing exchange rates which may fluctuate, which also includes any other related cost to airlines and so forth will be the responsibility of the client for the incremental costs
3) Booking - Confirmation will only be sent in writing any verbal confirmation will not be accepted. This booking fee is accepted as part of the inclusive fare and will only be refunded if the application cannot be accommodated. Bookings can only be secured once the deposit amount or the full payment has been received, if the client is travelling within the 6 week period full payment needs to be made.
Client’s reservation is confirmed once an invoice is dispatched to you or your ASATA travel agent confirming your details. On receipt of your reservation request African Encounters reserves your holiday as per your signed instructions on the document. It is client’s responsibility to ensure that all details are exactly as requested.
Bookings shall be considered paid once a final payment has been made within 48 hours. Should the invoice not be paid within this time, African Encounters reserves the right to re-issue the invoice should there be an increase in foreign exchange rates, airline rates or any other related cost.
4) Last minute bookings- Any booking done within 7 days of departure will attract full payment before any reservations will be made. This deposit is 100% refundable should African Encounters be unable to secure the tour/flight/accommodation as required.
5) Payment- The full amount due by the client to African Encounters shall be payable not less than six weeks prior to the date of departure. If the full amount is not paid in due time, African Encounters reserves the right to treat the booking as cancelled, forfeit of deposit and cancellation costs. Bookings made within six weeks of the departure date must be paid in full immediately. Clients should bear in mind that until final payment the booking is subject to fluctuations.
6) Amendments- Should the client amend his booking at any stage, either in the form of a date or name change, itinerary amendment or any other change whatsoever, African Encounters reserves the right to charge an amendment fee of R300 per person this amount excludes supplier charges.
7) Air Tickets- Airline tickets issued constitutes a contract between the airline and client; it is also the responsibility of the client to confirm the flight 72 hours prior to departure.
8) Cancellation – African Encounters reserves the right to cancel a tour to departure due to unforeseen circumstances such as severe weather conditions and would also include any other circumstances the former finds reasonable. If a booking is cancelled with the consent of African Encounters, the latter shall retain the full deposit. If the booking is cancelled less than forty two days before departure, African Encounters shall retain the full deposit and a cancellation fee will be payable of 100% of the scheduled airline fares, and 40% of the land arrangements.
If the booking is cancelled less than 30 days prior to departure a cancellation charge of 100% of the scheduled airline fare and 65% of the land arrangement costs will be retained by African Encounters.
For cancellation less than 15 days prior to departure a cancellation charge of 100% of the published air fare and 100% of the land arrangements will be retained by African Encounters. If your airline tickets have been issued, a cancellation fee of 100% will be charged, regardless of date of cancellation.
9) Should a client fail to join a tour, or fail to use the accommodation/services booked by African Encounters on their behalf, for any reason whatsoever, no refund or liability will be accepted by African Encounters. As agents, African Encounters act only as agents for the principals and accordingly accept no liability for any loss or damage which any passenger may suffer as a result of the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. African Encounters reserve the right to and shall be entitled to cancel any tour or product sold prior to departure and in such case African Encounters shall be obligated to refund all amounts received by them to that time by the passenger, who shall have no further claim of whatsoever nature against African Encounters arising out of such cancellation.
10) Insurance- Cancellation insurance is compulsory for all African Encounter’s bookings, and it is the client's responsibility to arrange cancellation insurance. It is strongly recommended that clients also take out travel insurance covering personal accidents, medical expenses, emergency repatriation, personal items, baggage loss or loss of funds of any kind whatsoever through cancellation or curtailment as African Encounters accepts no liability to such claims.
11) Passport, Visas and Inoculations- The client acknowledges that it is his/her responsibility to ensure that he has possession of the necessary travel documents that may be required in respect of the proposed tour and itinerary as well as all health and other certificates , including visas, that may be required from time to time. African Encounters does not accept responsibility for client’s failure to comply with all the conditions set out.
African Encounters will endeavour to assist the client in regard to point 8., such assistance will however, be at African Encounters' discretion, the client acknowledges that in doing so, African Encounters are not assuming any obligation or liability and that nevertheless the responsibility to ensure that the aforesaid documents are in order and complies with such lawful and other requirements to enable the client to enjoy the benefits of the tour, remains the clients.
12) Liability and responsibility – African Encounters acts as an intermediary in the making of all travel arrangements, which includes amongst other obligations transportation and accommodation. African Encounters acts only as an agent of the travel services rendered and assumes no responsibility whatsoever for the loss or damage to baggage or property or injury, illness or death or any damages or claims whatsoever caused by or arising directly or indirectly from accidents, loss or damage to persons or property delays, transport, failure, strikes, wars etc which the company has no control. It should also be noted that African Encounters hold no responsibility for any delays incurred from the commencement of the journey up until it is concluded. It is the client’s duty to pay additional costs which arises out of the above circumstances.
Client’s should be advised that African encounters take no responsibility whatsoever for any injury, loss or death of the client caused by sporting activities, accidents, or failure to comply with medical advice rendered to client’s.
It is recorded that the contract may contemplate a tour /journey to an area (s) where the client may be exposed to danger and the client has agreed to execute a waiver of rights against African Encounters and others as an integral part of the contract. The client (which shall be deemed to include the heirs, executors, administrators or assigns of the client) does hereby irrevocably waive and abandon all and whatsoever rights which the client may have against African Encounters, in consequence of any damage, injury or otherwise of whatsoever nature arising which may be sustained directly or indirectly by the client in consequence of any act of omission or commission by African Encounters or other in consequence of the conclusion of the contract and the client undertaking the tour / journey contemplated in the contract. In no way derogating from the foregoing, the client does hereby indemnify, hold harmless and absolve African Encounters or other, from all and whatsoever claims which may be tenable by the
cliient as aforesaid irrespective of the nature thereof and howsoever arising.
13) Variations and Itinerary - African Encounters reserves the right to alter client’s itinerary and tour price disclosed at the conclusion of the contract or at the time of the booking, without notice to client, due to unusual/unforeseeable circumstances outside the control of African Encounters resources which includes war, riots, civil unrest, government action or airport regulations, natural or other disasters, weather conditions, technical problems with transportation which includes airline delays, technical breakdown or delay in hotels or apartments. The variation would be at the discretion of African Encounters provided the itinerary is not substantially different from the original itinerary. Whilst African Encounters will offer assistance in the circumstances all additional costs (such as additional accommodation) will be the liability of the client.
The client agrees that he/she will at all times comply with African Encounters or others requirements in regard to his/her conduct, and he/she will not in any way constitute a nuisance to any other passenger on the tour.
14) Refusal of Carriage- When the client is travelling with persons under his/her authority, he/she warrants that he/she is authorised to bind every member to the terms of the contract.
The airlines or other carriers concerned are not to be held responsible for any accident, or omission or event during the time that the clients are not on board their aircraft or conveyance. The passengers' contract in use by the airlines concerned, or by other carriers concerned when issued shall constitute the sole contract between the airlines and or carriers and the purchaser of these tours and or passengers.
15) Additional costs- African Encounters reserves the right to increase the tour fares due to any increase in taxes and surcharges such as airline tariffs, fuel costs, game reserve fees, or fluctuation of exchange rates. It is advised to clients that all inclusive flights will be subject to airport taxes which will be an addition to the cost of the tour.
16) Legal Jurisdiction- The South African courts will apply its jurisdiction if a conflict were to arise between the client and operator. The operator may institute legal proceeding with any Magistrates Court having jurisdiction.
17) Complaints- All complaints must be received in writing within 7 (seven) days of the clients return. Any complaints received after 7 days will not be accepted. Complaints/compliments must be addressed in writing to:
African Encounters (Pty) Ltd
Postnet Suite 45
Private Bag X12
or emailed to
The client acknowledges that should for some unforseen circumstance or any other circumstance a portion of a tour be unavailable, it will be the client’s responsibility to pay for additional or alternate arrangements. African Encounters will endeavour to obtain a refund for that unused portion and refund it to the client. Should the refund not be forthcoming it will be the client’s responsibility to claim that unused portion from travel insurance.
These terms constitute the entire terms of the relationship between the parties. There exist no other terms and conditions regulating their relationship. 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 parties.
The client acknowledges that save and except for what has been stated herein, there exist no warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever. Any matter or things said by any person on behalf of African Encounters or purportedly on behalf of African Encounters, irrespective as to the position such person occupies, and which is not stated herein, shall not be binding on African Encounters irrespective as to the nature and extent of any such things, and the client acknowledges that he/she has not relied on any matter or thing stated on behalf of African Encounters that is not included herein.