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TERMS AND CONDITIONS

Terms and Conditions

All quotations and bookings made with Africa Tailormade (Pty) Ltd, Registration Number: 2017/248534/07 (“we” / “us”) are subject to the following terms and conditions (‘these Terms’), which will form the basis of the contract between the Client (“you” / “the Client”) and us (collectively referred to as the “parties”).

Africa Tailormade (Pty) Ltd is a tour operator, not a travel agency. As your agent and on your behalf, we therefore contract and operate with the relevant third party service providers subject to the specific terms and conditions of property owners, suppliers and other travel-related operators that we use (hereinafter referred to as the ”Third-Party Suppliers). These Third-Party Suppliers are carefully vetted and selected by us. These Terms, including the terms and conditions of Third-Party Suppliers referenced in this contract shall apply to all enquiries, advice, quotations, tour packages or estimates addressed to, provided by or bookings made by us.

Upon confirmation of booking (as defined below) you agree to these Terms as well as any Third-Party Supplier terms and you do so on your behalf as well as on behalf of the rest of the travellers included in your booking. Please read them carefully as they are legally binding.

  1. Deposit and Securing your Booking
    1. In order to confirm your booking, you need to make payment to us of a 50% deposit, as reflected in your quotation (‘confirmation of booking’).  Further and in addition to the deposit:
      1. 100% of the cost of air travel must be paid up front, as air tickets need to be issued immediately; and
      2. additional deposits may be required for peak season travel and specialist products and services or as a result of a Third-Party Supplier requirement.
    2. Save where expressly stated elsewhere in these Terms, all of the deposits paid in terms of this clause 1 are non-refundable due to the various commitments that we will make as part of the planning for your booking.  We therefore recommend that you acquire travel insurance at the time of your booking in order to cover this non-refundable deposit (please refer to the travel insurance section below).
    3. The outstanding balance is due not more than 60 days prior to travel.
    4. If a booking is made less than 60 days prior to travel, the full 100% cost of the booking (“total booking price”) must be paid up front.
    5. Failure to make the required deposit(s) means that we will be unable to confirm the booking for you. 
    6. Prices and availability are subject to change until such time as the deposit has been received by us.
    7. Where applicable, we require updated copies of all passports upon confirmation of a booking.
  1. Prices and Payment
    1. All payments must be made by debit / credit card, electronic funds transfer (EFT) or telegraphic transfer (SWIFT). We do not accept cash or any other forms of payment.
    2. A failure to make any payments on or before the due date may result in your booking being cancelled and a forfeiture of the relevant deposit(s) paid by you.
    3. All quotations and confirmations generated by us are based upon external supplier costs such as air fares, airport taxes, fuel surcharges, accommodation, car hire, park fees and gate fees which are outside of our control. These supplier costs are therefore subject to change until final payment has been received or, in the instance of air travel, until air tickets have been issued, and these costs will be for your account.

 

  1. Changes to Bookings
    1. Please note that you will be responsible to pay any additional charges arising from booking changes made, whether voluntary or involuntary, and this includes:
      1. all costs and fees resulting from changes requested by you; and
      2. all costs and fees resulting from necessary changes caused by factors such as airline schedule or any event of Force Majeure (as defined below) affecting us and / or our Third-Party Suppliers.
    2. We will make every effort to adhere to the confirmed itinerary. Where involuntary changes are significant, such as to accommodation or transportation, we undertake to provide a reasonable alternative at minimal or no extra cost, subject to the terms and conditions of any Third-Party Supplier.  However, where you have declined a reasonable alternative or where this is not available, we will endeavour to provide:
      1. a refund on the service(s), subject to the terms and conditions of the Third-Party Supplier;
      2. and/or assist you to identify alternative services, the costs of which will be for your account.
    3. We will use our best endeavours to accommodate any voluntary changes requested by you, however, in addition to the additional costs arising from this change, including those charged by the relevant Third-Party Suppliers, we reserve the right to charge cancellation fees (referred to below) and / or additional administration fees of R300 per person per amended booking (‘administration fee’).
  1. Cancellation and Refunds
    1. All cancellations must be made by you in writing and the onus of proof of delivery of the cancellation notice shall rest with you.  If the cancellation is sent to us by email, you must obtain an email proof of receipt and retain written acknowledgement of receipt from us.
    2. If you cancel a booking for any reason, whether in part or in full:
      1. more than 60 days prior to departure, you will forfeit the non-refundable deposits already paid by you
      2. 60 days or less prior to departure, you will be liable for 100% of the total booking price.
    3. In occasional circumstances, if we are able to obtain a waiver of cancellations fees or a refund from one or more of our Third-Party Suppliers, we will refund these amounts, less our administration fees to you.
    4. We will make every effort to confirm the required services after receipt of your deposit. In the unlikely event of us being unable to confirm the services, you will be offered alternative available travel services. Should the alternative available travel services not be acceptable to you we will provide a full refund for those services.
    5. While we will make every effort to ensure delivery of the services in the confirmed itinerary, we reserve the right to cancel services where unavoidable due to circumstances beyond our control. In such event, we will provide a full refund on the cancelled service(s) only.
    6. While we will make every effort to avoid misquotation, we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication.
    7. No refunds will be given by us for partly used vouchers or for no-shows.

 

  1. Covid-19 and Pandemic Related Cancellation
    1. As long as Covid-19 conditions apply to a reservation, we will use all reasonable endeavours to negotiate with the relevant Third-Party Suppliers for refunds and/or postponements, however we cannot guarantee such refunds and / or postponements. All Clients must have, as a minimum, private travel insurance to cover medical care or unexpected hotel stay.
    2. Covid-19 conditions may include but shall not be limited to:
      1. The Government in the Client’s country of origin imposes a travel ban and Clients are unable to travel.
      2. The Government in the Client’s destination country (or transit country) imposed a travel ban and Clients are unable to travel.
      3. The Government in the Client’s country of origin and/or destination country imposed a mandatory quarantine and Clients are unable or unwilling to travel.
      4. If an establishment has to close due to Covid-19 reasons and is unable to fulfil their obligations for Client’s travel.
      5. The destinations in the Client’s itinerary have closed their borders to international travellers.
      6. If a Client is diagnosed with Covid-19 while on a trip with us.
      7. International flights are cancelled with no alternative routing available for Clients to use to reach their arrival destination.
    3. At this time, deferral of travel plans still remains the best option to ensure monies paid are retained for future use. We will continue to deal with each request for postponement or cancellation on a case by case basis, and we will assist as far as possible within the confines of the terms imposed on us by the relevant Third-Party Suppliers.
    4. We reserve the right to ask for any reasonable evidence, written statements and or documents to support the reason given for cancellation of the booking made with us.
  1. Third-Party Supplier Terms and Conditions

All travel deals, discounted rates and third party products or services (including airline, transfer, car rental services, tour guide, permits, accommodation services, adventures and such other similar products and services) which are advertised on our website or included into your quotation, are governed by the separate terms and conditions of the relevant supplier of the products or service, and you agree that it is your responsibility to obtain and review each of these terms and conditions, as you will be bound by them.

  1. Flight Rules
    1. All airlines require the full names of passengers as stated in their passports.
    2. After air tickets have been issued, any changes or cancellations will be subject to the relevant airline’s terms and conditions applicable to that fare type. Should a refund be granted by the relevant airline, it may be subject to a delay. We will only be obliged to refund any amounts once we receive it from the relevant airline.
    3. It is your responsibility to check and correct any errors in respect of your flight reservations which appear on the quotation or booking form, and we accept no liability for incorrect details provided by you.
    4. Airfares are only guaranteed once final payment has been received and the air ticket has been issued.
    5. If any airline levies additional or increased airport taxes or fuel charges at any stage prior to your flight, you agree that such an increase will be for your account and shall be payable to us or to the airline if instructed to do so.
    6. You must reconfirm all onward and return flights with the relevant airline at least 72 hours prior to your flight.
    7. We cannot guarantee any airline seating or meal requests, however we will endeavour to assist you with this.
    8. Your baggage and personal belongings remain your responsibility at all time. We will not accept any liability for your misplaced baggage or any loss or damage to your baggage or personal effects.  We recommend that you include such cover in your travel insurance.
    9. Generally, air tickets which are unused for more than 1 year from the date of their issue are considered to be expired and must be submitted to the relevant airline for their authority to refund. We will make every effort to assist you in obtaining this refund, but cannot provide you with any guarantees in this regard.
    10. We will provide you with an e-ticket reference number together with a full itinerary, once the air ticket has been fully paid for.

 

  1. Baggage Rules
    1. You must ensure that you meet the baggage regulations of the airlines and charter companies that you will be using. If you do not adhere to these, the transfer of your baggage may be delayed and/or transferred at an extra cost to you.
    2. In particular, light aircraft flights have extraordinary baggage regulations which impact matters such as weight, structure and shape.  Please ensure you are familiar with these regulations before travelling.
  1. Passports and Visas
    1. You must ensure that you meet the necessary travel documentation, permit and/or visa regulations of the countries you intend entering, transiting or visiting.
    2. Your passport must have sufficient blank visa pages available in accordance with the regulations of the various African and Indian Ocean countries. A minimum of 2 adjacent blank pages per country to be entered, transited or visited is recommended.
    3. Your passport must be valid for the prescribed period contained in the applicable regulations of the countries you will be entering, transiting and/or visiting. 6 months validity from the date of return of your travel is required.
    4. If you are travelling with minor children, you will need to present the unabridged birth certificate for each minor child as well as a letter of consent from any absent parent(s) confirming that the children are allowed to travel with you. Please also refer to the South African Home Affairs website at www.DHA.gov.uk or other applicable African and Indian Ocean country’s Home Affairs website for all updates in this regard.

 

  1. Innoculation, Immunisation and Medication
    1. You must ensure that you meet the immunisation, inoculation and medication regulations of the applicable African and Indian Ocean country which you will visit and that you have the required certification to reflect such immunisations and inoculations.
    2. It is your obligation to ensure that you are medically fit to travel.
    3. We will not be held liable for any delays, costs incurred, or any other inconvenience caused if you are denied entry into a country due to incorrect documents or inoculations.
  1. Travel Insurance
    1. It is strongly recommended that you purchase comprehensive travel insurance at the time of booking your trip with us. You acknowledge that without such travel insurance, you will be responsible for all costs arising from any cancellation, re-routing or rescheduling of your trip or any emergency (medical or other) that may arise during your travels. We will not be held liable for any losses that you may suffer in this regard.
    2. Please make sure that you have sufficient medical and travel insurance cover in place to cover all medical expenses and associated costs during your trip.
    3. We strongly recommend that you check what you are covered for as not all travel insurance policies provide you with adequate cover for, amongst other things, adventure activities.

 

  1. Supplier Default Insurance
    1. As part of your travel package, we have secured supplier default insurance. This cover is not meant to replace the comprehensive travel insurance recommended above. Instead it provides financial protection (up to a maximum sum) in the event that a Third-Party Supplier (as declared and accepted by the insurance providers) is unable to provide its services or products due to its own financial failure and that the losses incurred by you as a result cannot be recovered by any other means.
    2. Please request a copy of the full terms and conditions (and exclusions) pertaining to this supplier default insurance cover should you wish to review them.
    3. Subject to the terms and conditions referred to above, the supplier default insurance cover includes:
      1. any financial losses suffered as a result of pre-departure cancellation by a Third-Party Supplier where it is impossible to replace that element of your trip;
      2. in the event that it is possible to replace the cancelled element of your trip, then the cost of replacing that element; and/or
      3. the cost of repatriating you to your original point of departure where your trip is curtailed in the event that it is impossible to replace the unavailable travel component.
    4. The supplier default insurance cover excludes, amongst other things:
      1. losses which are recoverable by you under other insurance cover;
      2. losses where the supplier was in financial failure already at the time of your travel booking; and
      3. losses arising from any travel arrangement not booked through us.
    5. In order to claim under this insurance cover, you need to notify us within 3 (three) months of the relevant incident of your intention to make a claim and provide the documentary and other evidence necessary to support a claim.
  1. Waiver, Indemnity and Liability
    1. All vouchers, receipts and tickets issued by us to you are subject to the relevant Third-Party Supplier’s terms and conditions.
    2. Participation in any tour or travel package arranged by us and provided by any of our suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.
    3. The Client, his/her heirs, dependants, executors, successors or their assignees hereby irrevocably waive any claims which they may have against us for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
    4. Whilst we make every effort to engage quality Third-Party Suppliers to offer the travel products and services to you, we do not provide any warranties or guarantees in respect of these products and services.  We act solely in the capacity of an agent for these Third-Party Suppliers.  You acknowledge that we do not have direct control over the provision of the services by Third-Party Suppliers and that we shall not be liable for any loss, damage, injury, additional costs, accident, delay or any other irregularity or dissatisfaction caused through any act, omission, error, default or quality of product or service of the Third-Party Supplier.
    5. You indemnify Africa Tailormade (Pty) Ltd and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms.

 

  1. Complaints and Disputes
    1. Any complaints should be telephonically reported to us at the time of the incident and should be followed up in writing to us, marked for the attention of the Customer Service Manager, no later than 30 days after the incident has occurred.
    2. Complaints should be forwarded to Postnet Suite #348, Private Bag X21, Bryanston 2021 or alternatively via email to contactus@africa-tailormade.com.
    3. We will acknowledge your complaint and endeavour to investigate it with the relevant service provider within a 30 day period, after which we will provide you with written feedback.
    4. Although we will make every effort to assist in the resolution of the complaint, we cannot guarantee the satisfactory resolution of complaints for products and services outside of our control and for which we are not responsible.
  1. Intellectual Property Rights

All of the content on this site, including text, graphics, logos, icons, designs, colours, layout and trademarks are and remain our intellectual property, protected by law, and you are not permitted to use these for any purpose.

  1. Address for Notices and Service of Legal Process
    1. The parties choose the following physical addresses at which any documents in legal proceedings in connection with this agreement may be served (i.e. their domicilia citandi et executandi) and at which any written notice in connection with this agreement may be addressed:
      1. Africa Tailormade (Pty) Ltd:

Silverpoint Office Park, Building No. 1, 22 Ealing Crescent, Bryanston

      1. The Client:

At the physical/street address provided in the booking form

    1. Either of the parties may change this address to another address, by way of a notice to the other party to this agreement, provided that such a notice is received at least 7 days prior to such a change taking effect.
  1. Confidentiality and Data Protection
    1. We shall use all reasonable measures to protect the confidentiality of the information, including personal information, which we collect from you for the purposes of your booking. We do however need to share this information with third parties such as airlines, hotels, transfer companies, restaurants and other partners in order to assess your potential holiday options and make the necessary arrangement and reservations.  We will comply with the applicable privacy and data protections laws when doing so and we will only use and store this information for the purpose for which it was intended and for the period for which it is required.  Please note that details are required for each traveller in your booking, including children.
    2. By accepting our quotation and paying the required upfront deposit, you confirm that the information you have provided is correct and accurate and that you consent to Africa Tailormade (Pty) Limited processing such information for the purposes described above.

 

  1. Force Majeure
    1. We cannot accept liability or pay compensation where the performance of our obligations is prevented or affected by any event which is outside of our, or our Third-Party Suppliers’, control.  Such events shall include, without limitation, acts of God, war, threat of war, riots, civil rife, border closures, government acts, terrorist activity, industrial disputes, disasters, strikes, labour disputes, weather, fire, transport problems, disease, pandemics, epidemics, quarantine, or other such occurrences or events.
    2. If we or our Third-Party Suppliers are impacted by a force majeure event we shall notify you as soon as possible and provide you with details of the nature or extent thereof.
  1. Disclosure
    1. It is recorded that the participation in any activity in your booking may expose you and the rest of the travellers in your booking to certain risks and / or dangers.  You and each of the travellers in your booking hereby irrevocably waive and abandon all and any rights whatsoever which you and / or your travellers may have against us, any of our directors, employees, officers, agents and / or the relevant Third-Party Suppliers

 

  1. General
    1. Where use of the word ‘including’ or ‘such as’ is made in these Terms followed by examples, such examples shall not be exhaustive in nature.
    2. Save as expressly stated herein, there exists no warranties, representations, guarantees, promises, undertakings or inducements of any nature.
    3. No amendment, addition or consensual cancellation of this agreement will be binding unless it is recorded in writing.
    4. Save in respect of the Third-Party Supplier terms and conditions, these Terms together with the quotation contain all the terms and conditions of this agreement.
    5. If any provision of this agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the agreement.
    6. Neither party shall lose any of its rights under this agreement if it does not immediately and in every instance insist on them.
    7. This agreement shall be governed by the laws of the Republic of South Africa and shall be enforced by the courts within the Republic of South Africa.
    8. You consent to the jurisdiction of the Magistrates’ Court, notwithstanding the fact that the amount involved may exceed the jurisdiction of the Magistrates’ Court.
    9. If we have to bring legal proceedings against you to enforce payments of amounts owed to us, you shall be responsible to pay all costs incurred by us in collecting the payment.
    10. You shall not be entitled to assign, transfer or novate your booking, or any right or obligation hereunder.
    11. We may update these Terms from time to time.  The Terms at the time of your booking shall apply to your booking unless we have to make changes as result of legislative or regulatory changes, in which case we will send the updated Terms to you. Please make sure that you read these amended terms and conditions carefully and raise any queries that you may have.
    12. These Terms are binding upon your respective heirs, dependants, executors, successors, and assigns.