Mar e Sol Unit 1

Important Information

TERMS & CONDITIONS
PREAMBLE
The Operator is a booking & travel agent, and marketing organization, marketing amongst other locale, destinations
specifically in Africa. It further specifically markets resorts, tours and activities in Mozambique under the name of
African Safaris in various social, electronic, and print media. Where reference is made to the operator, it shall be
understood that the terms and conditions set out below apply as well to African Safaris, the resorts, operators and
entities it represents, and / or markets.
• All booking requests in respect of accommodation, transfers, flights, and activities / excursions are subject to
availability as at the time deposits are received, notwithstanding the fact that at the time of request, availability
may have been confirmed.
• Prices quoted, unless otherwise specifically notified in writing, are as per the respective resort standard rate sheets,
and are subject to any increases in accommodation, air fares, other land arrangements, or any other costs that may
affect the original invoice price. All quotes and invoices are subject to these increases and costs, which may be
applied without prior notice.
• Any extensions, additions, variations or deviations from the original invoice may incur supplementary
charges. These are also payable as per payment schedule below.
• Any changes of whatsoever nature made to any invoice, once sent, shall incur additional charges, with a
minimum of R 300.00 per person per amendment being levied.
Consumer Protection Act
Please note African Safaris is a booking & travel agent & holiday / tour facilitator for various resorts,
airlines, activity & tour operators situated or operating in Mozambique and southern Africa, and usually
outside of South African legal jurisdiction. The terms and conditions below are those that are required by
these entities, in terms of the Operators agreements with them. As such, the prospective traveler / client
should be aware of the provisions of the Consumer Protection Act, and that it may not be applicable, or
enforceable, for their specific booking, and as such are strongly advised to ensure they have the necessary
travel / booking cancellation Insurance cover. All bookings made with the Operator are accepted subject
to the client accepting these conditions, and waiving his/her rights under the Act, for such destinations.
• Should any of the resorts, operators, or principles quote the Safari Operator in any other currency, other than SA
Rands, then the rate quoted will exclude the forex commission of 0.25% of the total invoice price, with a minimum
amount payable of R300.00 per person.
• Unless specifically stated to the contrary on the quote, rates and quotes do not include any airport departure taxes,
airline fuel or any other levies and taxes that may be implemented from time to time, or any meals that may not be
included in the airline ticket prices, as in the case of some budget airlines, nor does it include any other taxes that
may not be included in airline ticket rate.
• Unless specifically stated to the contrary on the quote, rates and quotes do not include any visa / passport costs,
or any air ticket / passport / document courier / delivery charges, or any personal or travel insurance.
• Rates quoted, are subject to exchange rate fluctuations, and final cost will be determined and finalized, as at the
date of receipt of full payment. This is a specific condition, notwithstanding that the tour may already have been
invoiced, and deposits paid against it.
• The operator reserves the right to further amend the final invoice amount payable, up to a period of seven (7)
days after the final payment is received from the client, should there be any currency variations during this
period.
• The Operator however reserves the right to accept any payments made against any tour, at the exchange rate when
payment was made. The current applicable currency buying rate as quoted by the ABSA Bank of South Africa Ltd
shall be used to determine the exchange rate invoiced. This applies to any late payments which may be received,
notwithstanding such payments may only be received after the final invoice.
• Rates and quotes do not include VAT, or any sales taxes, that may be payable on the tour, or any portion
thereof, in South Africa, or any country included on the itinerary, that imposes them.
• All payments for the tour/trip must be made in full prior to departure, and no tickets, confirmations, or travel
documents will be issued until all these payments have been received.
1. Payment
A minimum 50% non-refundable, non-transferable, deposit of total tour/trip/accommodation price
(including any additional charges, equipment rental, additional excursions, etc.) is required to secure
a booking. No reservation request can be considered booked until such deposit is received.
The full outstanding balance is payable 30 days prior to arrival date, or any other date that the service
providers, or resorts represented by the Safari Operator may require. Should payments not be received as per
this schedule, the booking will automatically be deemed cancelled, with forfeiture of all amounts paid.
All bookings, irrespective of when made, must be paid in full 30 days prior to tour/trip arrival date. Should
the operator, in its sole discretion, agree to accept payments that may vary from the required payment
schedule above, then it reserves the right to charge interest on all such payments, at the applicable overdraft
rate charged by the ABSA Bank of South Africa Ltd.
All prices are based on a minimum of 4 persons sharing accommodation. Single supplements may be applicable
in some resorts. All payments via Bank transfers, or cash bank deposits, an administration fee may be charged
to include all relevant bank charges.
Any discounted tariffs that are introduced to a specific product and or rate and that are promoted after a
deposit has been received from a client, are not available to the original reservation but rather to bookings
made after the date of the promotion.
2. Cancellation and Refund Policy
Should notice be given by the client of his / her intention to cancel, refunds will be given as set out below.
Refunds will only be considered if all payments were received according to the payment schedule above.
Refunds will only be made as follows: (from payment date)
a. From any period over 91 days prior to arrival date – refunds of all amounts paid except for a cancellation
fee of 30% of total tour price.
b. Up until 90 days prior to arrival date – refund of all amounts paid except for cancellation fee of 40% of
total tour price.
c. Between 89 days & 60 prior to arrival date - refund of all amounts paid except for cancellation fee of
50% of total tour price.
d. Between 59 days & 45 days prior to arrival date – refund of all amounts paid except for cancellation fee
of 75% of total tour price.
e. Where bookings & payments have been made within a period of less than 44 days prior to arrival and
cancellation is made, then no refunds whatsoever will be given
f. In exceptional circumstances, and at the sole discretion of the operator/agent, where the Operator
manages to obtain a full or partial refund for the client, all such amounts received will be refunded,
except for an amount equal to 30% of the total final invoice value, which will be retained by the safari
operator to cover initial booking bank charges, admin, wages, and final costs pertaining to the
cancellation. Depending on the refund obtained from the Travel Service Provider and the
Accommodation Owner, the Operator/Agent may negotiate a cancellation fee on the deposit paid.
g. This cancellation policy will apply irrespective of the cause of cancellation, including but not limited to
illness, death, missed or delayed flights, cancellation through non-payment by the client of any portion of
his tour, civil unrest, riots, contagions, strikes, war – whether declared or not, or for any other reason
whatsoever. It further applies to any tours, accommodation and activities which may be cancelled due to
inclement weather, or natural disasters, i.e. floods, hurricanes, cyclones, disease etc. The client must give
written notice of his / her intention to cancel, stating detailed reasons therein, before a refund will be
considered.
h. It must also be noted that the Operator books trips and or accommodation through third parties
(lodges/hotels/ resorts etc.) and whilst the Operator may in exceptional circumstances assist the client in
obtaining a full or partial refund, the onus is primarily on the supplier (lodge/hotel/resort etc.) to
accommodate the reimbursement.
i. In lieu of the cancellation policy depicted in Point 2. being evoked, the Operator has the opportunity to
offer the client the alternative to reschedule the reservation at a future date, at the same rate and at a predetermined
date determined between the service providers (lodge/hotel/resort etc.), the client and the
Operator.
3. Cancellation Refunds for Specials and Promotions
From time to time, certain resorts, hotels and agents that the operator utilizes and accepts bookings from
clients on behalf of, offers discounted / and or promotion rates & packages. There are no cancellation
refunds for these packages for any reason whatsoever.
4. Unused Services / Facilities
Travel / Personal Accident Insurance are specifically excluded from any quotes, or rates. Travelers are
strongly advised to take adequate travel insurance, and it is their sole responsibility to ensure that they
are in possession of the relevant valid passports, visas, and any other travel and medical immunization
documents required by the destination countries and airline carriers
5. Indemnity & Fine Print
The operator acts as a booking & travel agent only for various other resorts, airlines, agents, service
providers, and operators, and as such the Safari Operator is not liable for any loss of, or damage to,
property, life or person, for any reason whatsoever.
Further as such, the Safari Operator is not liable for any loss or damage suffered as a result of any airline
delays, missed connections, accommodation substitutions, non-performance, negligence, or omissions of
any of these airlines, resorts, operators, service providers, or agents, or any additional costs suffered as a
result of these events. The operator transfers monies received from its clients, in good faith, to the various
hotels, resorts, lodges, operators, and service providers, and agents, and as such cannot be held liable in
any way, should these funds in any way be misappropriated by these various airlines, hotels, resorts,
lodges, operators, and service providers, and agents, or loss as a result of insolvency, closure / termination,
or absconding by any of them.
All schedules, costs, tour arrangements, and conditions are subject to change, without any recourse
whatsoever to the operator, at the sole discretion of the operator.
Other than the conditions depicted in Point 1. & Point 2. should the accommodation originally booked
by the client not be available for any reason whatsoever, when their final booking is made, or on their
arrival at the destination, then the operator reserves the option to book alternative accommodation of a
similar standard, or of refunding the client any monies paid if applicable. Any costs incurred in
substituting accommodation or services will be for the cost of the client. Any refunds made to the client
by the operator, will be dependent on the operator receiving a refund from the resort, or agent or service
provider in question. Any refunds made to the client will be the same amounts received from the resort,
agent or service provider by the operator, less the Operators 20% booking fee of the total package amount.
Closure or unavailability includes, but is not restricted to “double booking”, repairs, maintenance, sale,
water shortage, upgrades and refurbishment, weather damage, flight cancellations, political or civil
unrest, or for whatsoever other reason.
The operator recommends and books accommodation, services and tours in good faith on behalf of the
client from information at its disposal and gives no warranties as to suitability for the client’s needs, or
preference’s.
The operator accepts no liability as to any expenses incurred by the client as a result of the clients
substituting any accommodation and / or land arrangements, for any reason whatsoever.
It is the sole responsibility of the client to ensure he / she has the necessary passports, visas, travel and
medical documentation required, and suitably validated, to travel to all countries they intend visiting
6. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which
is due to an event beyond the control of such party including but not limited to any Act of God, terrorism,
war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake,
flood or any other natural or manmade eventuality outside of their control, which causes the termination of
an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by
such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply
with the terms and conditions of any Agreement contained herein, notwithstanding the fact that conditions of
the Agreement pertaining to costs incurred in the initial period of the Agreement shall be considered in
mitigation thereof.
7. Notification of Changes
The Company/Operator reserves the right to change these terms & conditions from time to time as it sees fit
and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are
any changes in how the site’s customers “Personally Identifiable Information”, notification by e-mail or postal
mail will be made to those affected by this change. If there are any changes to the privacy policy, it will be
announced that these changes have been made on the Operators site home page and on other key pages on the
site. Any changes to the privacy policy will be posted on the web site 30 days prior to these changes taking
place. You are therefore advised to re-read this statement on a regular basis. These terms and conditions form
part of the Agreement between the Client and the Operation (African Safaris). You’re accessing of the ADS
and or affiliated agent websites and/or undertaking of a booking or Agreement indicates your understanding,
agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
Your statutory Consumer Rights are unaffected.