Terms & Conditions
By using our services, you agree to the following terms and conditions between AFRICAN SAFARI PORTFOLIO and yourself:
1. You hereby acknowledge that you are 18 years of age or older and that you understand and have the legal capacity (and authority) to enter into this contract and agree with the Terms and Conditions below, on behalf of yourself and the those that accompany you (“Attendees“).
2. The information contained on this site is an invitation to do business and not an offer. If you forward an offer to us (“the Order” or “Booking“), African Safari Portfolio shall indicate their acceptance or rejection thereof by return mail. No agreement will come into existence until African Safari Portfolio accepts your instructions regarding the Booking. NOTE THAT we act herein as an agent for our respective business partners (“Suppliers“) and therefore any agreement resulting from the acceptance of an Order is deemed to be an agreement between the relevant Supplier and yourself. All business conducted with our Suppliers are subject to the Supplier’s terms and conditions, and you are responsible to familiarise yourself with the Suppliers terms and conditions. The Client by signing or electronically accepting the Terms & Conditions is deemed to have read, understood and agreed to be bound by these Terms and Conditions which refer to Supplier terms & conditions. Any misconception about the transaction or the implications thereof should be brought to the attention of the Supplier before making a Booking.
2. Booking Terms and Conditions
1. Please ensure that the details pertaining to your Booking are captured correctly, as we accept no responsibility for any loss, damages, delays or cancellations occasioned by incorrect information supplied by you, unless the booking provided to you upon arrival differs from that which you entered above.
2. All prices are quoted in ZAR (South African Rands), except if clearly indicated otherwise, and must be made free of deduction, set-off or bank or currency exchange charges.
3. Quotations are valid for 7 working days (as calculated in South Africa), and subject to the terms set out therein, and exclude all items, services and charges not specifically list in the Quote, such as, amongst others: drinks, laundry, personal services, communication charges, business services, gratuities, porterage, incidental expenses such as charges for excess luggage, no-show charges etc., excluded beverages, unpaid room extras or optional activities, credit card fees, (hereinafter referred to as “extra’s”). Such extra’s are not included in quote/pro forma invoice, and are for your own account.
4. All changes and cancellations to your Bookings must be made in writing and are subject to the Supplier’s terms and conditions, and their cancellation policy, and our cancellation policy (4 below). By Booking with us you agree to these terms! Should a refund be due to you in terms of the Consumer Protection Act (“CPA”), funds are refunded, less our bank charges and cancellation charges (subject to the CPA).
5. It is your responsibility to ensure that you have the correct travel documents and meet all the visa and health requirements and that these documents are valid throughout the period of your Booked trip. These documents include (without limitation) visa’s, passports, medical and inoculation documents and drivers’ licences. Valid passports which will not expire for at least 6 months after entry, are required. If unsure of any requirements you are advised to contact the consulate/embassy concerned, as we cannot advise you on this.
3. Payment Policy
1. We require a 30% deposit (“Deposit”), which is payable within 48 hours of Booking, except for scheduled air travel, which requires 100% payment upon Booking. However, we reserve the right to require greater deposits in instances of specialist products and/or for Bookings over the peak travel season;
2. The remaining balance is due and payable no later than 8 weeks (60 days) prior to travel; or, where your Booking is made less than 8 weeks (60 days) prior to travel, we require 100% payment up front.
3. A Booking is only confirmed and secured once we have received the funds (full payment has cleared) in our bank account, subject to the terms of the rest of this agreement. Should any discount be applied, the discount is realized upon the full and final payment.
4. We will use our best efforts to contact you with payment reminders, but please note that if a payment is not received on time or in the correct amount we reserve the right to release your reserved Booking(s), regardless of any payment(s) already received, without penalty or liability to us.
5. In the event of the fluctuation in charges (including exchange rates, airfares, taxes and other land arrangement costs forming part of the Booking) beyond our control, we reserves the right to pass on the relevant increases to the Client, with due notice to the Client, and the Client agrees to pay any such increase in cost. Foreign Currency received by us will be converted to ZAR at the date on which the payment is received in our bank accounts, for the conversion rate offered by our bankers at that date, and that amount received is your responsibility.
4. Cancellation Policy
1. Subject to 2.4 above, any changes made by you to your initial Booking and which results in the reduction of costs for your revised Booking will be regarded as a partial cancellation, or a full cancellation if you so cancel your entire Booking. But, we encourage you to consider taking a Credit Note for your total travel costs (“Booking Value”) rather than cancel your travel.
2. Specifically, the rules below will apply to the cancelled Bookings or any portion thereof (subject to the Consumer Protection Act):
1. Between date of Booking and 61 days prior to arrival – Deposit, or 30% of payment (whichever is greater) is non-refundable and non-transferable;
2. Between 60 days and arrival date; or, for any non-arrival – 100% cancellation fee of the total travel costs (“Booking Value”).
3. Any cancellation of a postponed Booking or Credit Note Booking (at any time) – 100% cancellation fee of the postponed Booking or Credit Note Value.
5. Force Majeure:
1. Except where otherwise expressly stated in this agreement, African Safari Portfolio SHALL NOT BE LIABLE TO THE CLIENT OR ITS ATTENDEES (hereinafter referred to as the “Other Party”) IF ASG (AND/OR ITS SUPPLIER’S) CONTRACTUAL OBLIGATIONS TO THE OTHER PARTY’S ARE ADVERSELY AFFECTED BY ANY EVENT WHICH ASG (AND/OR ITS SUPPLIER’S) COULD NOT, EVEN WITH ALL DUE CARE, FORESEE OR AVOID, and these Force Majeure Events can include, but are not limited to, war, threat of war, civil strife, terrorist activity (and its consequences or the threat of such activity), riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, epidemic, severe limitation/restriction of transportation facilities, failure or shortage of supplies, liquidation and legal impediment and all similar events outside the control of African Safari Portfolio and/or its Suppliers (collectively referred to as the “Force Majeure Event”).
2. In the event that the Booking or part thereof is terminated by African Safari Portfolio or the Supplier due to a Force Majeure Event, as defined above, African Safari Portfolio obligations under the agreement and Booking will be terminated in that respect, other than its obligation to refund the Client (as per 4.2 above).
6. Travel Insurance
1. The Client and its attendees, jointly and severally (“Attendees”) shall be responsible for taking out and maintaining comprehensive travel, personal, health and general insurance in amounts sufficient to adequately cover all risks and to compensate for any loss, damage to, or destruction of any property, or the death or injury of any person, AND THE ATTENDEES INDEMNIFY African Safari Portfolio AGAINST ANY LIABILITY IN THIS REGARD.
1. Please note that anyone travelling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left and a right-hand page). Attendees travelling to Southern Africa with passports which do not comply with these requirements will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa.
1. As a response to the growing issue of child trafficking, South Africa (“SA”) has announced new regulations for families traveling into or out of the country with children. Attendees who have children accompanying them or who are travelling with only one parent or with their legal guardian(s), or unaccompanied must avail themselves of the requirements of the destination country.
9. Data and Privacy
1. The Client warrants that the personal details of Client and all Attendees provided, are up to date and true and correct and undertake to inform African Safari Portfolio immediately of any changes. The Client, on behalf of all Attendees hereby consent that the personal information (which shall include, amongst others, a person’s name, contact and personal details, medical details, passport numbers, bank card details and the like) may be retained and used by African Safari Portfolio for the purpose of corresponding with the Client/Attendees, record keeping, billing, and liaising with our Suppliers/third parties to facilitate their delivery of the services contemplated herein, including disclosing such information to the our bankers, credit card companies, insurers, the Financial Intelligence Centre or persons responsible for African Safari Portfolio’s accounts, and other consultants and professionals involved in your Booking (collectively hereinafter referred to as the “Team”).
2. 9.2. I/We (meaning the Client and Attendees) understand that African Safari Portfolio will not divulge any personal information to a third party (other than disclosed herein) unless required by law. I/We consent to African Safari Portfolio contacting me/us using the details provided by me/us, and to ensure that this consent is brought to the attention of each Attendee. I/we confirm that I/we understand that I/we have the right to stipulate that certain information must be withheld from the Team, and I/we agree to do so in writing addressed to the following email: email@example.com . I/we also agree and understand that where African Safari Portfolio provided third parties with my personal information they do not have control over the management and utilisation of that personal information, and I/we accordingly indemnify and hold African Safari Portfolio and its employees harmless against any damages or losses of whatsoever nature (including penalties and/or fines and legal costs on the scale of attorney and own client) suffered by African Safari Portfolio or me as a result of a breach by any third parties of their obligations under the Protection of Personal Information Act. I/We further agrees to the transfer of its information cross-border if required and accepts that African Safari Portfolio will endeavour that the same level of protection is afforded to such information as that processed in the Republic of South Africa.
3. When you forward personal information including your name, e-mail address, mailing address, passport and credit card details to us, African Safari Group will use a secure server to encrypt such information before it is received by us.
4. This website may use “cookies” to customise it and make your visit to us more user-friendly. Cookies cannot harm your computer in any way and are an industry standard. They are small text files that contain only information provided by you, the visitor, to the website. Furthermore, you may configure your browsers to not accept our cookies. By providing us with your personal information you agree that we may use and store such information you have provided to African Safari Portfolio , and send you e-mail messages with news and special offers from our Suppliers. You may at any time elect not to receive such emails by clicking unsubscribe in the email footer or sending an email to this effect to us at: firstname.lastname@example.org.
10. Secure Sockets Layer
1. ASP uses SSL (Secure Sockets Layer) when transacting with our client’s confidential data. SSL is sophisticated security technology for establishing an encrypted link between a web server and a browser. This link ensures that data passed between the web server and browsers remain private and integral. SSL is an industry standard and is used by millions of websites in the protection of their online transactions with their customers, and you hereby agree to the use of SSL as a sufficient security layer in our dealings with you.
1. Although African Safari Portfolio endeavours to provide accurate, up-to-date and truthful information on this website, neither African Safari Portfolio nor any of its employees, agents, Suppliers or associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials, included or made available through this website.
2. African Safari Portfolio as an agent/intermediary of Suppliers does not have all matters within our control, which is why it is important that Client’s understand that all arrangements for amongst others, activities, functions, entertainment, transportation, conveyance and/or accommodation, are made UPON THE EXPRESS CONDITION THAT ASP SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, DAMAGE, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE OCCASIONED EITHER BY REASON OF THE LIQUIDATION, SEQUESTRATION (WHETHER PROVISIONAL OR FINAL), OR ANY DEFECT IN, OR THROUGH THE ACTS OR DEFAULTS OF ANY OF THE SUPPLIERS, THEIR PERSONNEL OR AGENTS ENGAGED IN THE PROVISION OF THE BOOKING OR IN CARRYING OUT THE ARRANGEMENTS FOR THE BOOKINGS OR OTHERWISE IN CONNECTION THEREWITH; and these arrangements are made subject to the laws of the country where it is provided. In addition, ASG WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY THE CLIENT OR ITS ATTENDEES TO ANY PERSON, PROPERTY OR THING, AND THE CLIENT AND ATTENDEES VOLUNTARILY ACCEPT THE RISK ASSOCIATED WITH THEIR BOOKING.
1. Whilst we take great care in vetting our Suppliers, African Safari Portfolio is not liable for the suitability of the Suppliers the Client selected, or their products or services. African Safari Portfolio does not guarantee the suitability, products or services of Suppliers, and African Safari Potfolio does not take responsibility for any disputes between a Client (and/or Attendee) and any Supplier.
13. Applicable Law, Costs
1. This website is created, maintained and controlled in SA and as such, the laws of the SA and the jurisdiction of the SA Courts govern the use of the Website, as well as the use or inability to use this website. Note however, that the agreement and your Booking will be regulated by the jurisdiction where the client learns or becomes subjectively aware of our acceptance of its offer.
1. This agreement, together with the schedules/annexures hereto, constitutes the sole record of the agreement between the parties in regard to the subject matter thereof.
2. No addition to, variation, or agreed cancellation of this agreement or any of the appendices hereto shall be of any force or effect unless in writing and signed by or on behalf of the parties.
3. The grant of any indulgence, extension of time or relaxation of any provision by a Party under this Agreement shall not constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any existing or future right of the grantor.