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African Encounters Terms & Conditions
The Contract
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. A non-refundable deposit of R4500 per person or 20% of the total value of the package, whichever is the higher, is required within 48 hours of African Encounters sending the client the booking confirmation. No verbal confirmations will be accepted. Confirmation will only be sent in writing.
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 has been received, or the full payment has been received, if the client is travelling within the 6 week final payment period.
3. 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 clients 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.
4. Bookings shall be considered full and paid up once a final invoice has been issued and paid within 48 hours of the issuing of such an invoice. 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.
5. Should a client elect to pay the deposit and pay the balance due within six weeks of departure date (as set out in clause 6), the client fully understands that the price may increase due to foreign exchange fluctuations, airline rate increases or any other related cost and that the client will be responsible for the incremental costs.
6. 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. Bookings made within six weeks of the departure date must be paid in full immediately.
7. Should the client amend his booking at any stage, either in the form of a date change, itinerary amendment or any other change whatsoever, African Encounters reserves the right to charge an amendment fee of R300 per person.
8. 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 50% 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 50% 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 50% 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. 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 personal and baggage insurance.
11. The client acknowledges that the tour price and itinerary disclosed to him/her at the time of booking, or alternatively at the time that the contract was concluded, may be varied by African Encounters from time to time, without notice to the client, at the discretion of African Encounters and provided the itinerary is not substantially different from the itinerary that the client anticipated enjoying, the client shall not be entitled to cancel the contract.
12. The client acknowledges that it is his/her responsibility to ensure that he is possessed 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 that may be required from time to time.
13. African Encounters will endeavor 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.
14. 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 and howsoever 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 client as aforesaid, irrespective of the nature thereof and howsoever arising.
15. 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.
16. 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.
17. African Encounters reserves the right to increase the tour fares due to any increase in airline tariffs, fuel costs, game reserve fees, or fluctuation of exchange rates.
18. Last minute bookings (any booking to be done within 4 days of departure) will attract a deposit of R500 per person before any reservations will be made. This deposit is 100% refundable should African Encounters be unable to secure the tour/flight/accommodation as required.
19. Complaints/compliments must be addressed in writing to:
The Manager
African Encounters (Pty) Ltd
Postnet Suite 45
Private Bag X12
Roosevelt Park
2129
or emailed to info@africanencounters.com
20. 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.
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.
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