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APPLICATION
- All quotations or estimates provided by or bookings made with
and/or all services rendered by or on behalf of Falcon Africa
Safaris (Pty) Ltd (the Company) are subject to these
terms and conditions (the Conditions).
ESTIMATES & QUOTATIONS - All quotations or estimates are approximate prices only and are not binding on the Company.
THE CLIENT AND AUTHORITY-The person requesting such quotations or estimates
or making such booking or to whom any service is rendered, is
deemed to have read and accepted the Conditions and to have the
authority to do so on behalf of the person in whose name the estimate
or quotation or reservation is requested and/or provided and/or
the person to whom the services are 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 agents for principals
engaged in or associated with the travel industry, such as airlines.
The Company represents such principals as agents 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 fulfill 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,
DEPOSIT & RESERVATION - A non-refundable deposit of 25%
(the Deposit) of the total tour price (the Tour
Price) as specified in the Reservation Form (the Reservation
Form) is required in order to secure the reservation, subject
to payment of the balance of the Tour Price as specified herein.
The Company reserves the right to cancel any reservation if the
deposit is not received. Upon receipt of The Reservation Form
duly completed and signed and accompanied by the Deposit, you
will be deemed to have confirmed all the information pertaining
to your Itinerary ('The Itinerary') as correct and the Company
will, subject to availability, make the reservations necessary
to secure the Itinerary.
PAYMENT
AND PAYMENT TERMS - The balance of the Tour Price is due not
later than six weeks prior to departure. If the final payment
is not received on time, the travel documents can be delayed and
may necessitate the use of a courier service, which will be for
the Client account or The Company may cancel The Itinerary.
PRICES
-Prices are quoted at the ruling daily exchange rate. Until the
Company has received payment of the Tour Price in full, it reserves
the right to charge any fluctuations to the Client account and
the Client undertakes to pay for any such fluctuation on demand.
However, once payment of the Tour Price in full is received, the
price of the arrangements is guaranteed. However, should the group
number deviate from the the number required for the booking as
specified in the Reservation Form or should unforeseen events
lead to rescheduling by any principal, the Company reserves the
right to re-cost the Tour Price and raise a surcharge. Should
any Client refuse to accept and pay such surcharge, the Company
reserves the right to cancel the tour and retain any payment made.
RESPONSIBILITY
-All tours are booked and arrangements are made, on the express
condition that The Company, its employees and agents, shall not
be responsible for, and shall be exempt from, all liability in
respect of loss, damage, accident, injury, death, delay or inconvenience
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 further more not be liable for any consequential loss or
damages whatsoever.
INSURANCE
-It is strongly advised that all Clients take out adequate insurance
cover such as cancellation due to illness, accident or injury.
Personal accident and personal liability are also recommended.
The Company will not be responsible or liable if the Client fails
to take adequate insurance cover or at all. It shall not be obligatory
upon the Company to effect insurance for the Client except upon
detailed instructions given in writing and all insurance affected
by the Company pursuant to such instruction will be subject to
such exceptions and conditions as may be imposed by the insurance
company or underwriters accepting the risk, and the Company shall
not be obliged to obtain separate cover for any risks so excluded.
Should the insurers dispute their liability for any reason, the
Client will have recourse against the insurers only. Please note
that various credit card companies offer limited levels of travel
insurance, which the Company does not consider sufficient cover
for international travel. Kindly check with the respective credit
card companies in order to obtain the specific details of the
cover.
TRAVEL
DOCUMENTS -Documents (vouchers, itineraries etc) are only
prepared and released on receipt of payment of Tour Price in full.
PASSPORTS
& VISAS -It is the entirely the Client duty to ensure
that all passports and visas are current, valid and obtained on
time, are valid, and will be valid for six months after return
to home country and that any vaccinations, inoculations and the
like, where required, have been obtained. Please check the requirements
with your travel agent or the Company before traveling. The Company
will endeavor to assist the Client but such assistance will be
at the Company's discretion and the Client acknowledges that in
doing so, the Company is not assuming any obligation or liability
and the Client indemnifies the Company against any consequences
of non-compliance.
LATE BOOKING
& AMENDMENT FEES - A late booking fee of R 300.00 per
booking will be charged in respect of bookings received within
4 working days prior to the travel date & for 2 working days
or less R400 per booking. This charge is levied to cover communication
expenses involved. An amendment fee of R 100.00 per booking will
be levied for any changes to the confirmed itinerary.
CANCELLATION
-In the event of Client canceling their reservations, the Company
shall have the right to either claim the deposit paid by such
a passenger or to retain the Deposit and claim damages suffered
by the Company. The Company reserves the right to cancel any tour
before departure, in which event the entire payment will be refunded
without any further obligation on the part of the Company. The
maximum cancellation fee, which may be imposed in the event of
a Client canceling, is as follows:
Deposit of 25% non-refundable 6 weeks prior to departure 35% 4
weeks prior to departure 50% of the tour price 3 weeks or less
100%, of the tour price
NB -100% for any Madagascar booking once accommodation has been
reserved
UNSCHEDULED
EXTENSIONS - 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 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 convenience. In some cases, weather
conditions can necessitate an alteration in the tour itinerary
and this does not constitute any reason for refund.
COACH &
AIR CHARTER - Please note that the flying services and coach
transfers are sub-contracted to independent companies. They are
responsible for this portion of the itinerary. The Company will
not be liable for any additional flying/transfers outside of the
quoted itinerary. This will be for the Client account.
BREAKAWAYS
-While it is possible to break away from planned holiday itineraries,
it is understood that such breakaways will be for the Client account.
LEGAL 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.
CONDUCT
-The Client agrees that he/she will at all times comply with
the Companys or others requirements in regard to his/her
conduct and he/she will not in any way constitute a nuisance to
any other passenger on The Itinerary.
SPECIAL
REQUESTS - Client, who have special requests, must specify
such requests to the Company in the Reservation Form. Whilst the
Company will use its best endeavours to accommodate such requests,
it does not guarantee that it will.
AMENDMENTS
- No amendment, cancellation or waiver of any term or right referred
to herein shall be valid or binding unless reduced to writing
and signed by both the Client and a duly authorised representative
of the Company.
REFUNDS
-No refunds will be considered in any circumstances whatsoever.
CURRENCY
DECLARATIONS -The Client must lodge a currency declaration
(in the event of trans-border travel) with the Company before
the travel documents will be released.
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) days after the end of The
Itinerary. Such liability will be subject to a limitation of R10
000,00 per Client and under no circumstances will the Company
be liable for any indirect or consequential loss or damage.
LEGAL FEES
-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.
ENTIRE
CONTRACT -The Conditions constitute the entire terms of the
relationship between the parties. There exist no other terms,
conditions, warranties, representations, guarantees, promises,
undertaking or inducements of any nature whatsoever regulating
the relationship and the Client acknowledges that he/she has not
relied on any matter or thing stated on behalf of the Company
or otherwise that is not included herein.
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