Bei der Erstellung Ihrer Tour stehen wir in einem kommunikativen Austausch.
Schicken Sie eine Nachricht, egal ob Sie eine Frage zu den angebotenen Touren oder zu meinen Dienstleistungen haben. Sie erhalten meine Antwort zeitnah.
Schreiben Sie mir eine Nachricht an: firstname.lastname@example.org oder über Whatsapp/Signal auf +27723078520.
Ich freue mich auf Ihre Nachricht.
TERMS AND CONDITIONS (ALLGEMEINE GESCHAEFTSBEDINGUNGEN – AGB)
All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Denis Stupan, t/a Sustainable Africa Private Tours (“the Company”), are subject to these terms and conditions (“the Conditions”). This applies to bookings made on the Company’s website as well as bookings made by email.
THE CLIENT AND AUTHORITY
A natural or juristic person requesting quotations („the Quotation”) or estimates or making bookings („the Booking“) or to whom any service is rendered, is deemed to have read and accepted the Conditions and deemed to have the authority to do so on behalf of the natural or juristic person in whose name the estimate or quotation or booking is requested and/or provided and/or the natural or juristic person to whom the service is rendered (collectively referred to as ‘the Client’).
THIRD PARTY SERVICE PROVIDERS
The Company provides Clients with travel and/or other services either itself or acting as agent for principals engaged in or associated with the tourism industry. The Company represents such principals as agent only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any alteration, act or omission on the part of or the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by such principals (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the principal and the Client and any right of recourse the Client may have, will be solely against such principal.
BOOKING AND ENQUIRY
Tours and transfers can only be booked in writing by e-mail confirmation. By confirming, the Client is deemed to have read and accepted these terms and conditions as a binding contract. When making Bookings the Client must provide the Company names and surnames corresponding with ID documents, and all other documents and information necessary to perform the service. For transfers and tailor-made tours which have been designed to the Client’s own specifications, and for which estimated prices are not advertised on the Company’s website, the Client will be required to request a Quotation by email (“the Enquiry“).
In order to confirm and secure the booking, payments must be made by the Client as follows:
- 50% deposit is requested to confirm booking (the amount must reflect on the Company’s bank account);
- the balance owing of the total price on the booking 30 days prior to tour or transfer date;
- 100 % payment if booking is being made within 30 days or less prior to tour or transfer date.
Amendments to payment terms must be in writing and are only applicable if confirmed by the Company by email.
No booking of any trip is confirmed unless payment is received in full. If the Client delays deposit or balance payment, the Client runs the risk of losing the availability of the tour. The Company expressly reserves the right to cancel any reservation where payment has not been made on the due date, without prejudice to claim compensation for all possible damages and/or losses suffered due to the Client’s breach and the Client hereby expressly accepts such rights.
Cancellation of any booking must be received in writing and be acknowledged by the Company. Any cancellation fees and expenses occurred will be deducted before refunding the Client the remaining monies received. If the Client fails to join a tour or joins it after departure, or leaves it prior to its completion, no reimbursement will be made.
CANCELLATION POLICY AND REFUND POLICY
The cancellation fees applicable are as follows:
30%: less than 30 days prior to tour or transfer date;
50%: less than 14 days prior to tour or transfer date;
100%: less than 72 hours prior to tour or transfer date.
The Company reserves the right to claim administrative, cancellation and bank charges levied by any supplier against it in respect of the cancellation of the booking by the Client.
If the Client fails to allow the start of the tour at the scheduled time and place or is unable to do so for any reason whatsoever, including the lack of valid travel documents (passport, visa, etc.), he/she shall not be eligible for any refunds.
If the Company curtails a tour after departure for any pertinent reason, i.e. wars, strikes, weather conditions or acts of God, then the Company will not be held liable for any form of refund.
Third party properties and suppliers booked as part of a tour are subject to the terms and conditions, and, respectively, subject to the cancellation fees of the suppliers of the services booked. The Client holds liability to entertain such claims in case of cancellation.
Clients travelling on cruisers are exempt from cancellation fees under this agreement if the vessel cannot enter the harbour or all passengers are denied disembarkment for whatsoever reason on the day of the tour or transfer. This exemption does not apply to services of the tour or transfer rendered by third parties.
If cancelling is related to government measures due to the Coronavirus (COVID-19) pandemic, payments will be refunded without deduction. Terms & Conditions of third party service providers may differ the Client holds liability to entertain such claims in case of cancellation.
The Company cannot be held liable for failing to comply with its obligations due to force majeure.
The definition of force majeure includes events such as delays and/or defaults caused by conditions beyond its control, including but not limited to Acts of God, government restrictions (including the denial and/or cancellation of any export or other necessary licence), quarantine, government intervention, wars, acts of terrorism, strikes, sabotage, civil disturbance, weather conditions, insurrections and/or any other cause or untoward occurrences beyond the reasonable control of the party whose performance is affected.
RIGHT TO SUB-CONTRACT
The Company reserves the right to sub-contract any part of its services in case of an emergency or by choice, and when this right is exercised, the substitute company/tour guide/vehicle will, as far as circumstances permit, compare equally with the Company’s own vehicle in comfort and reliability.
All tours are booked on the express condition that the Company, its employees, servants, agents, nominees and sub-contractors shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, death, delay or inconvenience or deviation to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur.
The Client indemnifies and holds harmless the Company, its employees and agents accordingly. The Company, its employees and agents shall furthermore not be liable for any consequential or indirect loss or damages whatsoever.
The Client should familiarize him/herself with the tour itinerary to assess that he/she is medically fit to undertake the tour. Any participant with a known medical illness or condition must reveal this fact at the time of booking and make the necessary arrangements for the provision of any drugs or treatments that may be needed during the tour or transfer.
In case of a pandemic, the Company and the Clients are obliged to follow all regulations, restrictions, and prescriptions (like hygiene protocols) issued and valid while conducting the tour or transfer.
TRAVEL AND MEDICAL INSURANCE
It is strongly advised that all Clients take out adequate and comprehensive insurance cover for such as cancellation due to illness, accident, injury or other causes. Personal accident, emergency evacuation and repatriation, and personal liability cover as well as for loss of or damage to personal belongings are also strongly recommended. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
The Client agrees that he/she will at all times comply with the Company’s or its third parties service providers‘ requirements in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour and/or mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served.
The Client indemnifies and holds harmless the Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.
OBLIGATIONS OF THE CLIENT
The Client shall commit to:
- Comply with the laws of the Republic of South Africa or any other country that will form part of the tour, requirements and formalities of local police, health and other public authorities;
- Act in a courteous manner towards the Company’s employees, guides, co-travellers and representatives and obey the instructions of the tour guide during the whole tour;
- Cooperate with transport, hotel, restaurant operators and other providers and comply with their terms and rules under which such services are provided;
- Respect the customs and traditions of local residents and rules of traditional dwellings; and, in general, of all such places where the Client alone is responsible for his/her acts;
- Behave in an environmentally friendly manner.
EXCLUSION FROM TOUR
The Company takes no responsibility for the actions of participants who commit any unlawful acts in South Africa and reserves the right to exclude any client from the tour, if their behaviour warrants it.
MARKETING AND PHOTOGRAPHY
The Company reserves the right at its sole discretion and without notice to use photographs and film taken by the Company’s representatives or photographers on any of its tours and packages on its website and in its brochures. The Company will not be obliged to make payment to any guest for the use of any photograph. Photographs of a compromising nature will not be taken or used. Any client who has an objection to this should inform the Company in writing in advance of the tour that he/she does not wish to be photographed or filmed for such purposes.
OPTIONS IN SCHEDULED TOURS
Where options are indicated in tours, transfers and/or packages, it is understood that costs involved, which are added to the costs of package/s and/or tours and transfers, will be for the Client’s account. In such instances, the Company will act as an agent for Third Party Service Providers.
While the Company cannot guarantee that it will accommodate special requests it will use its best efforts to accommodate such requests, wherever possible. Special requests will only be considered if they are addressed to the Company in writing and are received in good time before the commencement date of the tour or transfer or arrangement booked with the Company.
LAW AND JURISDICTION
South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company. The Company shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Except as indicated herein, no refunds will be considered in any circumstances whatsoever.
LIMITATION OF LIABILITY
The Company will under no circumstances be liable for any claim whatsoever unless such claim is due to the gross negligence of the Company and such claim is lodged in writing with the Company within 30 (thirty) calendar days after the end of the services provided. Under no circumstances whatsoever and howsoever arising will the Company be liable for any indirect or consequential loss or damage.
The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce any of its rights or otherwise.
The Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis hereby adhering to South African laws.
The Conditions constitute the entire terms of the relationship between the parties. No other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship exist and the Client acknowledges that he/she has not relied on any matter, or anything stated on behalf of the Company or otherwise that is not included herein.
In the unlikely event of there being unscheduled alterations to the itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Company, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client’s account.
ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to all published itineraries, the Company reserves the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the tour itinerary and this does not constitute any reason for refund.
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