Terms & Conditions
Terms & Conditions Africa Awaits Tours & Safaris (hereinafter called " the Agents") accept instructions only on the following conditions:
1. BOOKING AGENT, NOT CARRIER
The Agent is not the carrier or keeper of inns, hotels, refreshment, boarding or lodging houses. The Agent will arrange tickets, bookings, and reservations only as an Agent for its clients, to accept the same solely to these terms and conditions and those of each of the concerns (hereinafter called "the Travel Services") with whom the Agent may make arrangements for its clients.
2. NO LIABILITY FOR DELAYS
The Agent is not liable for the cancellation of journeys, deviations, delays or failure to provide seats, berths or facilities for carrying or storing luggage or for failure to provide accommodation, howsoever the same may arise. The Agent is not liable in the event of any alternation or change of any kind made by any of the Travel Services following the acceptance of any booking by them. Clients are responsible for any increase in charges with the Travel Services may be entitled to require.
3. NO LIABILITY FOR AGENT OR OTHERS
The client and its heirs, executors, administrators, successors and assigns hereby irrevocably indemnify the Agent against any injury, damage or loss to persons or goods whatsoever and howsoever and wheresoever the same may be caused. The Agent (both for itself and on behalf of its servants and agents) does not accept any liability for any act, omission, default or neglect of the Travel Services or their servants and agents. The Agent does not warrant, and is in no way responsible for the accuracy of any information given or statement made by the Agent's service and agents or given or made by the Travel Services or their servants and agents.
The Agent will negotiate for ticket bookings and reservations only on payment to the Agent of a 50% deposit with the balance to be paid 60 days prior to arrival. Such deposit will be accepted in part payment of the total costs incurred by clients, but receipt of a deposit does not constitute acceptance of any booking. In the event of any Travel Service cancelling any arrangement made on behalf of a client, the Agent's liability to refund the amount of any deposit paid by the client to the Agent, shall be subject to a deduction of such sums, if any, as the Travel Service may be entitled to be paid. 4.1 All deposits, less expenses, will be refunded, if notice is given 120 days prior to arrival.
Any cancellation made by the client must be in writing and the client shall be liable for all expenses incurred by the Agent in respect of making the bookings and cancelling the same and for all payments that the Travel Services may lawfully require by reason of the cancellation. The Agent shall repay to the client any monies held by the Agent after deducting the said expenses and payments and in any event shall not be required to make repayment until the Agent has received payment from the Travel Services of such monies as may be due to the client following such cancellations. 5.1 On cancellation 90 days prior to arrival, entire deposits will be forfeited or held if postponed within 30 days prior to arrival.
6. RIGHT TO MODIFY ARRANGEMENTS
The Agent reserves the right to modify any arrangements required by or made on behalf of clients and to cancel the same without notice.
7. PASSPORTS, VISAS, VACCINATIONS AND INOCULATIONS
The responsibility to obtain proper, current and valid passports, visas, vaccinations, inoculations and the like, where required, is that of the client alone. The Agent shall not be responsible or liable for any consequence of any nature arising from the client failing to ensure that he/she has complied with all such requirements.
Insurance against cancellation, illness and for loss of baggage is highly recommended for all clients travelling with, or through, the Agent. Clients undertake all activities associated with the itinerary at their own risk and are responsible for their own insurance. The Agent will not be liable if anyone should fail to take the adequate insurance cover.
9. ITINERARY VARIATIONS
While every effort is made to keep all confirmed itineraries, the Agent reserves the right to make changes for the client's convenience. Because the Agent plans arrangements in advance, does not own or control the airlines, hotels and/or supplier companies who will provide passenger holiday components, changes and even cancellations can occasionally become necessary. In the event that the hotel accommodation, excursion, service, flight, etc. has been properly confirmed by the Agent, and notwithstanding this, is unavailable for any reason whatsoever, the Agent does not accept any liability.
10. APPLICABLE LAW
Regardless of the place of execution, performance or domicile of the parties, these terms and conditions and all modifications and amendments thereto shall be governed by and construed under and in accordance with the laws of South Africa.
11. FORCE MAJEURE
No failure by the Agent to perform in accordance with any provision of the terms and conditions shall construe the breach of the terms and conditions if the failure arose from force majeure including acts of God, war, strike, sanctions, or changes in law, regulations ordinance or the like made by any competent authority, or other circumstances outside the control of the Agent. The client and the Agent consent to the institution of any legal proceedings arising out of or in connection with these terms and conditions in any Magistrate's Court having jurisdiction in terms of Section 29 of the Magistrate's Court Act no. 32 of 1944, as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
This document together with the Agent's standard booking form and invoice\itinerary constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, and promise of the like not recorded herein. No addition to the Agent's standard booking conditions shall be of any force or effect unless in writing and signed by or behalf of the parties. No indulgence which the Agent may grant to the client shall constitute a waive of any of the rights of the Agent who shall not thereby be precluded from exercising any of the rights of the Agent against the client which may have arisen in the past or which may arise in the future.
All costs and disbursements, including legal costs on the attorney and client scale incurred by the Agent in recovering any damages and payments payable by the client to the Agent shall be for the clients' account. The parties hereby respectively choose domicilium citandi et executandi for all notices and processes to be given and served in pursuance of this agreement at their respective addresses as given on the Agent's standard booking from. Either party may change its domicilium by written notice delivered by hand or sent by prepaid registered post to the other party. In this agreement an expression which denotes a gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.