TERMS &
CONDITIONS
- AFRO VENTURES (PTY) LIMITED and its
associated companies is hereinafter referred to as the "COMPANY" and the
passenger is hereinafter referred to as the "PASSENGER".
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- The PASSENGER, having placed his/her
booking shall not be entitled to withdraw or cancel the same without the COMPANY'S written
consent being first had and obtained thereto;
- The COMPANY shall be entitled to withhold
such consent, without assigning any reason thereto;
- Acceptance by the COMPANY of the deposit,
which shall be 10% of the tour fare, shall not constitute acceptance by the COMPANY of the
booking;
- Acceptance by the COMPANY of the booking
shall be evidenced by the forwarding to the PASSENGER or his agent of an invoice,
indicating an amount due and/or owing by the PASSENGER to the COMPANY and the document
shall constitute the contract.
- The PASSENGER acknowledges that the tour
price and itinerary disclosed to him/her at the time the booking was affected,
alternatively at the time the contract was concluded, may be varied (not in excess of 15%)
by the COMPANY from time to time, without notice to the PASSENGER, at the discretion of
the COMPANY and provided the itinerary is not substantially different from the itinerary
that the PASSENGER anticipated enjoying, the PASSENGER shall not be entitled to cancel the
contract.
- Tour prices include only transportation by
vehicles or aeroplane in accordance with the itinerary issued in respect of the particular
tour, tours to such game parks as are shown on such itinerary, accommodation and use of
camping equipment attendance of a courier/driver or pilot but do not include the cost/s of
visas, vaccinations, insurance, or such items as are indicated in the COMPANY'S booklet on
general information, which shall be borne and paid by the PASSENGER.
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- The PASSENGER acknowledges that it is his
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.
- Even though the COMPANY will endeavour to
assist the PASSENGER in this regard, such assistance to be at the COMPANY’S sole
discretion, the PASSENGER acknowledges that in doing so, the COMPANY is not assuming any
obligation or liability, and that nevertheless the responsibility to ensure that the
aforesaid documentation is in order and complies with such lawful and other requirements
to enable the PASSENGER to enjoy the benefits of the tour, remains the PASSENGER’S.
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- Each PASSENGER shall be entitled to no
more than one (1) suitcase weighing no more than 12 kilograms, and a maximum size of 66 cm
in length,
- The COMPANY shall be entitled to refuse to
carry any baggage in excess of the aforesaid.
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- The PASSENGER acknowledges that there are
dangers and risks inherent in the tour which they will be undertaking and;
- The PASSENGER agrees to assume all the
risks connected with or arising out of all aspects of the tour and;
- The PASSENGER waives any rights of any
nature whatsoever which they or their assigns or successors-in-title, dependants or heirs
may have Afro Ventures(Pty) Limited and its associated companies ("the designated
persons)in respect of their injury or death or loss or damage which they may sustain
connected with or arising out of the tour notwithstanding that it may have been occasioned
by any negligent act or omission on the part of any of the designated persons and;
- The PASSENGER indemnifies the designated
persons against all loss (including loss of reputation or goodwill!), damage, costs
(including attorney and own client costs, collection charges and costs of any appeals),
interest and expenses which they may or be likely to, sustain as a result of any claim
(contingent or otherwise) relating to, arising out of or in connection with the tour
notwithstanding that such injury, loss or damages or their death My have arisen as a
result of any act or omission, whether negligent or otherwise, on the part of Afro
Ventures (Pty) Limited and its associated companies and/or each of the employees,
servants, agents, independent contractors and/or representatives of Afro Ventures (Pty)
Limited and its associated companies, whose favour this constitutes a stipulatio alleri
capable of acceptance at any time and;
- The PASSENGER warrants that they are over
21 (Twenty One) years of age and;
- The PASSENGER agrees to pay on demand such
sum(s) as may be sufficient to cover any actual or prospective claim referred to in clause
7(c) notwithstanding that such claim may not then be payable.
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- These terms constitute the entire terms of
the relationship between the parties. There exist no other terms and conditions regarding
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 PASSENGER 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
thing said by any person on behalf of the COMPANY, or purportedly on behalf of the
COMPANY, irrespective as to the position such person occupies, and which is not stated
herein, shall not be binding on the COMPANY, irrespective as to the nature and extent of
any such thing, and the PASSENGER acknowledges that he/she has not relied on any matter or
thing stated on behalf of the COMPANY, that is not included herein.
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- The PASSENGER agrees and undertakes that
he/she will at all times comply with the COMPANY’S requirements in regard to his/her
conduct, and he/she will not in any way constitute a nuisance to any other person on the
tour.
- In the event that the PASSENGER breaches
any obligation assumed by him/her in terms of this agreement or in sub-paragraph (a)
above, or does any act or omission which in the COMPANY'S sole and absolute discretion it
considers constitutes an infringement of the COMPANY'S rights or any other passenger on
the tour, or if a PASSENGER constitutes a nuisance to the COMPANY or any other passenger,
the COMPANY shall be entitled to terminate the COMPANY’S booking and refuse to permit
he PASSENGER to continue with the itinerary and tour. In these circumstances the PASSENGER
at his/her own cost and at his/her responsibility will be obliged to make his/her own way
home. In these circumstances the COMPANY shall not be liable to make any refund to the
PASSENGER, and the matter will have no claim of any nature whatsoever against the COMPANY.
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- Where the PASSENGER is travelling with
other person/s, he/she shall be deemed to have warranted that he/she is authorised on
behalf of such other persons, to agree to the terms hereof. Where such other person/s are
subject to his/her legal guardianship, or where such other person is his/her wife/husband,
any act or omission committed by the other person/s, and similarly any act or omission
committed by the other person/s shall be deemed the act or omission committed by each and
every person within the party.
- No person other than a director of the
COMPANY is authorised to vary, cancel or waive any term and then to be effective it must
be in writing and signed by a director: Any purported variation, waiver or cancellation by
any other person purportedly on behalf of the COMPANY, shall not be valid and binding on
the COMPANY.
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- The PASSENGER warrants that he/she has
authority to conclude this booking and the contract between the COMPANY and
himself/herself
- Where the PASSENGER is travelling with
his/her family, he/she warrants that he/she is authorised to bind each and every member of
his/her family to the terms of this contract, and it shall be deemed to be a separate
contract between the COMPANY and each such person (be it family or other).
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- The full amount due by he PASSENGER to the
COMPANY shall be payable not less than eight (8) weeks prior to the date of departure in
respect of any booking concluded outside the Republic of South Africa, and not less than
six (6) weeks prior to the date of departure in respect of bookings made within the
Republic of South Africa.
- If a booking is cancelled with consent of
the COMPANY, the COMPANY shall retain the full deposit.
If the booking is cancelled less than forty-two(42) days before the departure the COMPANY
shall refund the full deposit and in addition a cancellation fee will be payable by the
PASSENGER as follows:
41 - 29 days – 40% of the total fare;
28-14 days – 60% of the total fare;
13 - O days – 100% of the total fare.
- Whilst the COMPANY uses its best
endeavours to ensure that all anticipated accommodation is available as planned, there
shall be no claim of any nature whatsoever against the COMPANY for a refund, either in
whole or in part, or any other claim of any nature whatsoever, including consequential
damages, as a result of any accommodation or other facility attaching to the tour not
being available.
- This booking and any eventual contract
between the COMPANY and the PASSENGER shall be deemed to be concluded in Johannesburg,
Gauteng Province, Republic of South Africa, and shall be interpreted according to and
governed in all respects by the laws of the Republic of South Africa. In the event of any
action hereunder he/she further records that the Supreme Court of South Africa
(Witwatersrand Local Division) shall have jurisdiction in regard thereto.
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- The PASSENGER acknowledges that the
COMPANY will appoint a tour-leader who shall be in charge of the tour and all matters
relating thereto, and the PASSENGER agrees and undertakes to comply with the tour-leaders
lawful requirements.
- Please Note: Afro Ventures reserve the
right without giving further notice, to make use of any photographs or film produced by
Afro Ventures during any of their tours for general publicity purposes without payment or
permission.
- The PASSENGER acknowledges being aware
that the proposed itinerary and tour requires a measure of physical fitness and endurance,
and it is the PASSENGER’S obligation to ensure that he/she is medically fit and able
to embark upon the tour.
- IF a PASSENGER wishes to transfer from one
tour to another, if the COMPANY is agreeable to the transfer, an administration fee of DM
15 per person per transfer will be charged.
- Afro Ventures believes that the contents
of this web-site is correct as it is to date, but all prices and services described herein
are subject to change or withdrawal without notice.
- It is important to note that during the
course of the tour, weather, road conditions, mechanical breakdowns or any other
unforeseen reasons beyond the control of Afro Ventures, can influence the of a tour.
Although delays are rare, considering some African touring conditions, the policy in such
an event is to provide free of charge, the vehicle, all camping equipment and crew
services. Personal expenses, meals, alternative accommodation and all resulting costs,
including the cost of flying home, are to be borne by the PASSENGER. We strongly recommend
that passengers take out travel insurance.
- The airlines concerned are not to be held
responsible for any act, omission or even during the time the passengers are not on board
their plane or conveyances. The passenger’s tickets in use by the airline or by other
carriers concerned when issued, shall constitute the sole contract between the airline
and/or other carriers and the purchaser of these tickets and/or passengers,
- Travel insurance is compulsory for all
passengers booking on an Afro Ventures Safari. it is the passenger’s responsibility
to arrange this.
- All air transportation is provided in
economy class on the services of South African Airways, Air Botswana, Air Zimbabwe and/or
other IATA carriers, or registered charter carriers.
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