STANDARD STANDING TERMS AND CONDITIONS OF SAFARI WORLD TOURS (PTY)
In this Terms and Conditions Agreement the following words and phrases shall bear the following meanings:
1.1 “Sawoto World Tours & Safaris (Pty) t/a Safari World Tours (Pty) ” means Safari World Tours (Pty), reg no: 2018/2809;
1.2 “Client” means the person who contracts directly with Safari World Tours (Pty) for the provision of Safari World Tours (Pty) Services, who is identified as the addressee of Safari World Tours (Pty) Pro Forma invoice;
1.3 “Traveller” means the person who utilises or obtains any benefit from the Principal’s Services, who may or may not also be the Client;
1.4 “Safari World Tours (Pty) Services” shall mean the sourcing, arrangement and procurement of any travel and / or accommodation services or packages and any other type of service, package and / or product incidental thereto, for the Client but for the use, consumption or benefit of the Traveller. The
aforesaid shall include but not be limited to the provision by Safari World Tours (Pty) of certain
complimentary and discretionary services such as the rendering of advice, provision of information,
the booking of reservations, the application for travel contracts and the obtaining of insurance;
1.5 “Principal” means the provider of travel and / or accommodation services or packages and any
other types of services, packages and / or products incidental thereto, for the use, consumption or benefit of the Traveler;
1.6 “Principal Services” means the provision of travel and / or accommodation services or packages and any other type of services, packages and / or products incidental thereto, by the Principal for the use, consumption or benefit of the Traveller.
Status of Safari World Tours (Pty) & Disclaimer
2.1 The Client contracts Safari World Tours (Pty) for the provision of the Tour, Activity or Vehicle Rental Service. Unless agreed to the contrary in writing, the fees payable to Safari World Tours (Pty) for the Safari World Tours (Pty) Services will be paid by rebates on the charges for the Principal’s Services credited to Safari World Tours (Pty) by the Principal.
2.2 Safari World Tours (Pty) will in the performance of the Safari World Tours (Pty) Services render an invoice to the Client for the Principal’s Services, which shall be payable to Safari World Tours (Pty) exclusively as the Principal’s receipting agent.
2.3 Safari World Tours (Pty) in providing the Services to the Client will put the Client in the position where the Client or the Client’s nominee contracts directly with the Principal. Safari World Tours (Pty) is an independent contractor acting as an intermediary between the Client and the Principal and shall not under any circumstances to be construed as the agent or representative of the Principal in any regard except for the purposes of receipting.
2.4 Safari World Tours (Pty), its employees and agents accept no liability for any losses,damages, injury, illness, death, loss of or damage to property, delay, inconvenience or poor or nonperformance innocently, negligently or intentionally caused to the Client and / or the Traveller as a result of any act or omission by or on behalf of the Principal, whether in relation to travel, accommodation or arising out of any cause
2.5 The Principal and the Client or its nominee shall contract directly on the Principal’s usual terms of trade, which shall constitute the agreement between the Principal and Client or its nominee. No agreement shall exist between Safari World Tours (Pty) and the Client or its nominee for the provision of the Principal Services.
2.6 Safari World Tours (Pty) shall provide the Client with the identity and usual terms of trade (or access thereto) of all the Principals relevant to the Principal Service being procured. It shall be the responsibility of the Client and/or its nominee to familiarise itself with such terms.
2.7 Safari World Tours (Pty) shall not be bound by any promises, undertakings, warranties, representations advices, recommendations, opinions or the like (whether express, implied, tacit by conduct or otherwise) made by or on behalf of the Principal.
2.8 Safari World Tours (Pty), its employees and agents are excluded from liability for claims (i) which exceed N$/ZAR 8,000-00 per claimant, per invoice, (ii) which are brought to the attention of Safari World Tours (Pty) in excess of 60 days following the termination of the Principal Services or (iii) which constitute indirect and/or consequential losses or damages.
2.9 The Client, on its own behalf and on behalf of its nominee, waives and abandons all claims in respect of liability which Safari World Tours (Pty) has excluded in terms of this agreement.
2.10 No failure, refusal or neglect of Safari World Tours (Pty) to exercise any rights hereunder or to insist upon strict compliance with or performance of the Client’s obligations under this agreement, or any other indulgence allowed or shown by Safari World Tours (Pty) to the Client, shall constitute a waiver Safari World Tours (Pty) rights at any time to insist on strict compliance, or operate as or create an estoppel against Safari World Tours Pty.
2.11 No variation or alteration of these terms and conditions shall be binding on Safari World Tours
(Pty) unless reduced to writing and duly signed by a duly authorised member of Safari World
2.12 This agreement constitutes the entire agreement between the parties and no warranties, promises, representations, undertakings or the like shall be of any force and effect save insofar as same are repeated and recorded herein or in a separate written Contract by Safari World Tours (Pty).
2.13 Safari World Tours (Pty) shall have the right to cancel any contract should its fulfilment be
rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God,
force majeure, lack of materials, operation of law or regulations or order made by any statutory or
other duly constituted authorities or any other cause beyond the control of Safari World Tours
(Pty). which may cause delays, interruptions or alterations to the Principal Services or render them impossible of being performed.
Travel Info3. Not withstanding anything to the contrary contained in this agreement or otherwise, it shall be the exclusive obligation and responsibility of the Traveller, and not Safari World Tours (Pty), to:
3.1 ensure that all passports and visas are current, valid, obtained on time, and will be valid for six
months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. malaria) and the like, where required, have been obtained. Safari World Tours (Pty) will endeavor to assist the Client in this regard but such assistance will be at Safari World Tours (Pty) discretion and in doing so, Safari World Tours (Pty) is not assuming any obligation or liability, and the Client indemnifies Safari World Tours (Pty) against any consequences of non-compliance.
3.2 familiarize herself with the inherent dangers of and mental and/or physical conditions required for the proposed travel arrangements and to be in a condition to undertake the, and faithfully, diligently and timeously to comply with all laws, conventions, rules, regulations and the like having any reference or regard to the Principal Services.
Law & Jurisdiction
4.1 The law of the Republic of Namibia will govern this agreement and the Client consents to the jurisdiction of the Magistrate’s Court of the Republic of Namibia.
4.2 The Client shall pay Safari World Tours (Pty) legal costs on the attorney and own client scale,
collection charges and tracing fees in connection with any legal proceedings arising hereout. Reservations
5. All reservations are made on the condition that a non-refundable deposit as called for in Safari World Tours (Pty) invoice is paid to Safari World Tours (Pty) within the date scheduled for the Principal Services, with the exception of the full day tours, in which case the deposit is payable within 24 hours’ of presentation of invoice.
6.1 Full pre-payment must be made to Safari World Tours (Pty) for the Principal’s Services to be rendered. Payment must reflect in Safari World Tours (Pty) bank account at least 30 days prior to the date scheduled for the Principal’s Services. Where reservations are made within 30 days of the date scheduled for the Principal Services, payment must be made within 24 hours of presentation of invoice. The Principal’s Services will only be procured on full payment being made to Safari World Tours. If full payment is not made timeously all reservations shall be cancelled.
6.2 All booking confirmations, tickets and the like required for the enjoyment of the Principal’s
Services by the Traveller will be released 10 days after the Client on receipt of full payment and a
signed booking form.
6.3 Safari World Tours (Pty) guarantees the price of land based arrangements, once full payment is
received, except where any subsequent increase is beyond the control of Safari World Tours (Pty)
as stated in these terms. Airfares are subject to the price and conditions quoted by the airlines at
the time of payment and cannot be guaranteed by Safari World Tours (Pty).6.4 All Services are subject to increases by the respective Principals, to exchange rate fluctuations and to any taxes imposed within the Republic of Namibia, Botswana or South Africa or by any foreign authority governing any respective foreign destination. This may apply even where such services have been paid for in full before any increase, rate changes or legislation becomes effective if they apply retrospectively. The Client will remain responsible for all disbursements already made, or committed to be undertaken, on its behalf by Safari World Tours (Pty).
6.5 Without derogating from anything hereinbefore contained, in the event of there being any increase, new levy or charge or fluctuation with the Namibian Dollar or South African Rand against any foreign currencies which arises at any stage in respect of the Services, same shall be for the account of the Client. The terms of payment and the Client’s liability for payment will apply irrespective of whether or not the Principal Services are used by the Traveller. All amounts payable shall be effected in Namibian Dollars(
Namibia Tours) or South Africa Rands (South Africa Tours) or Botswana Pula (Botswana Tours) Or US Dollar for any other country, without deduction, set-off or demand. Payments shall not be withheld or deferred on account of any claim or counter-claim which the Client or Traveller may have.
6.7 TRAVEL & MEDICAL INSURANCE:
a). Is compulsory for all travellers to take out travel & medical insurance at the time of booking. Get Travel Insurance quote at World Nomads by clicking the link: https://www.worldnomads.com/travel-insurance
b) Your travel insurance must provide cover against personal accidents, death, medical expenses and
emergency repatriation. We strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. It is extremely important that you check the full extent of your cover related to 24-hour Medical Emergency Assistance.
c) If you already have an annual travel or a credit card travel insurance policy, please check carefully with your insurers to ensure they provide the cover you require.
d) You must provide proof of your travel insurance on the first day of your trip; you will not be able
to join the trip without it.
Cancellation Charges – FIT’s & Tours
7.1 The usual cancellation terms of Principals in respect of FIT’S are that a 100% cancellation fee is charged if cancellation is effected within 30 days prior to the date scheduled for the Principal Services. Certain Principals might not adopt those terms and the Client will in any event be bound by their cancellation terms.
8.0 Cancellation Policy
9. Claims and Complaints
• In the unlikely event that the client has a complaint against the Company, the Company must be informed immediately and be afforded an opportunity to investigate the situation and provide redress. Complaints that are handed in after tour end will not be taken into consideration.
10. Company Responsibility and Rights
• The information in any brochure and printed itineraries is given in good faith and is based on the latest information available to the Company. Printed itineraries 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.
11. The Company Authority
• Any decision made by the tour guide, acting as a Company representative, shall be deemed final. The Company shall not be responsible or liable for any client who commits an illegal or unlawful act, or the consequences of such an illegal act. The Client may in such circumstances be excluded from the tour without a refund, at the sole discretion of the 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.
12. Luggage Allowance
Baggage on a guided tour is strictly limited to one large bag, weighing a maximum of 12 kg. Should the client participate in a fly-in safari a maximum of 10 kg in a soft bag is allowed. Also allowed will be a smaller hand-luggage bag or camera bag per Client. These restrictions are essential because of the nature of the tour and because overloaded vehicles are an inherent danger and cause unnecessary transport problems, potentially endangering Clients and Company representatives. The Company insists that every Client adhere to these luggage restrictions.