Terms & Conditions

Application

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf Falcon Africa Safaris c.c. (‘the Operator’) 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 & 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 Operator 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 Operator 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.

Late Booking & Amendment Fees

A late booking fee of R 500.00 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 R 1 000 per booking. This charge is levied to cover communication expenses and bank fees involved. An amendment fee will be levied for any changes that are required to a confirmed itinerary should it be possible to make changes. The amendment fee in this case will be subject to what type of changes are required and the amendment fee will start from R 500 per amendment.

Booking, Deposit & Reservation

Once the Client has filled in the travel enquiry form or responded to an advertisement verbally or in writing or via e-mail or the Internet or social media or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular destination, trip,tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) the Company will prepare and provide the Client with an estimate (by hand or e-mail) (‘the Estimate’). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of these Conditions by the Client initialising or ticking the relevant tick boxes, the Company will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’).

A non-refundable deposit (‘the Deposit’) – either 25% or 50% of the total tour price (‘the Tour Price’) as specified in the Deposit Invoice (‘the Deposit Invoice’) is required in order to secure the reservation, subject to payment of the balance of the Tour Price as specified herein. The Operator 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 Operator will, subject to availability, make the reservations necessary to secure the Itinerary.

Payment & Payment Terms

The balance of the Tour Price is due not later than 60 days prior to departure. If the final payment is not received on time, the following may occur:

  • Travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account, and / or
  • A late payment penalty of R 500 per supplier on the full itinerary may be levied, and / or
  • The Operator may have to cancel portions of the Itinerary or the entire Itinerary. No refund whatsoever will be offered for any partially canceled, fully canceled or revised Itinerary due to the Client not paying the balance of the Tour Price on time.
  • Furthermore, the Operator may be unable to finalize the Travel Arrangements and this may negatively affect the Itinerary. In this case, the Operator is not liable for any breakdown / partial breakdown of the Tour / Itinerary.

Prices

Prices are quoted at the ruling daily exchange rate. Until the Operator 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 number required for the booking as specified in the Reservation Form or should unforeseen events lead to rescheduling by any principal, the Operator reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Operator reserves the right to cancel the tour and retain any payment made.

Travel Documents

Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Tour Price in full and the signed Reservation Form.

Responsibility

All tours are booked and arrangements are made, on the express condition that the Operator, 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 Operator, its employees and agents accordingly. The Operator, 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 travel insurance cover such as cancellation due to illness, medical accident or injury. Personal accident and personal liability are also recommended. The Operator 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 Operator to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Operator pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance Operator or underwriters accepting the risk, and the Operator 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 Operator does not necessarily consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

Passports & Visas

It is the entirely the Client’s 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 Operator before traveling. The Operator will endeavor to assist the Client but such assistance will be at the Operator’s discretion and the Client acknowledges that in doing so, the Operator is not assuming any obligation or liability and the Client indemnifies the Operator against any consequences of non-compliance.

Inoculations & Travel Health Requirements

It is the entirely the Client’s duty to ensure that he / she has made enquiries directly with a Travel Medical Clinic for any mandatory medical inoculations and / or advice on precautionary medicine to take while traveling. The Operator does not assume any obligation or liability should the Client fail to do this. The Client is hereby made aware that the Operator is not a medical professional.

Cancellation

A reservation will only deemed to be cancelled once the Operator is in receipt of a written instruction from the Client to cancel the reservation. In the event of Client canceling their reservations, the Operator 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 Operator. The Operator 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 Operator. If the Operator cancels the Tour due to lack of full and final Tour Price payment on the part of the Client, the Client will receive no refund whatsoever on the payments made.

The Cancellation Fee, which may be imposed in the event of a Client canceling, is as follows:

  • Deposit paid is non-refundable
  • Between 180 days and 91 days prior to departure, 50% of the Tour Price
  • Between 90 days and departure, 100% of the Tour Price

NB – 100% of airline costs for non-refundable / Industry Discounted tickets issued Corona Virus / Pandemics and cancellation: Falcon Africa acts as an Agent on behalf of the various suppliers in the itinerary. All deposits are non-refundable. Therefore, the policy of each supplier with regards to the Coronavirus or any other such pandemic will be adhered to.

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 Operator, 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 Operator reserves the right to make changes for the Client’s convenience, eg. in some cases, weather conditions can necessitate an alteration in the tour itinerary and this does not constitute any reason for refund.

Vehicle & Air Charter

Please note that the flying services and vehicle transfers are subcontracted to independent companies. They are responsible for this portion of the itinerary. The Operator will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Clients’ account.

Breakaways

While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account. Furthermore, the Client accepts that such breakaways can disrupt the remainder of the itinerary and cause reservations to be canceled. By departing from the planned itinerary the Client indemnifies and holds harmless the Operator, its employees and agents accordingly.

Legal Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Operator The Operator 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 Operator’s 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 / Dietary Requests

Client, who have special requests / dietary requests, must specify such requests to the Operator in the Reservation Form. Whilst the Operator will use its best endeavours to accommodate such requests, it does not guarantee that it will be able to. If special requests / dietary requests are not provided in the Reservation Form, the Client understands that the Operator is not liable for any problem, ill health or difficulty that may arise due to the Client not providing this information to the Operator. The Operator accepts no responsibility for any foreseen or unforeseen consequence that may arise should the Client fail to provide the special / dietary request.

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 Operator.

Refunds

No refunds of deposits paid will be considered under any circumstances whatsoever.

Limitation Of Liability

The Operator will under no circumstances be liable for any claim whatsoever, unless such claim is due to the gross negligence of the Operator and such claim is lodged in writing with the Operator 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 Operator be liable for any indirect or consequential loss or damage.

Wildlife Behaviour / Safari Indemnity

If the Client has booked an itinerary with the Operator that has a wildlife safari element (part or full), The Client understands and appreciates fully the fact that there may well be risks, hazards and dangers involved while on safari to which he / she / they may be subjected to, more particularly; the nature of a safari is to be in the natural environment of wild animals (some of which are predators). The Client accepts that they are taking the risk of entering the natural environment of wild animals. The Client understands that all information provided by lodge or camp staff, game rangers and game spotters, and safari operators is provided in the interests of the Client’s own safety, and therefore must be strictly adhered to. The Client must complete and sign all indemnity forms as provided by safari lodges, safari camps, safari tour operators and strictly adhere to all safety measures in place as provided by the above listed suppliers. The Client is also aware of the potential dangers of exposure to the hot, African sun – directly or indirectly – and that serious sunburn may result from unprotected exposure. The Operator herewith is not liable for any harm to the Client (fatal or otherwise) caused while on safari and / or on a booked itinerary with the Operator.

Confidentiality

The Operator undertakes to deal with all Client information on a strictly confidential basis.

Destination Selection

The Client acknowledges that it has selected the Itinerary and destination(s) based on information gleaned from brochures and/or the Internet and / or social media information. It also acknowledges that such brochures and/or the Internet / social media have been compiled and are managed and up-dated by principals over which the Operator has no control. Accordingly the Operator cannot and does not guarantee that any destination will

Force Majeure

Force Majeure Event” means any event which is beyond the reasonable control of the Operator, including, but without limitation, A national strike, lock-out or any other industrial action; Act of war (whether declared or undeclared), invasion, armed conflict, or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, civil commotion, sabotage, terrorism or the threat of sabotage or terrorism; Any act of God including meteorites, epidemic, plague, explosion, chemical or radioactive contamination or ionising radiation, lightning, earthquake, tempest, flooding, fire, cyclone, hurricane, typhoon, tidal wave, whirlwind, storm, volcanic eruption and other unusual and extreme adverse weather or environmental conditions or action of the elements If the Operator is affected by a Force Majeure Event it shall forthwith notify Guests of the nature and extent thereof. The Operator shall not be deemed to be in breach of any of its obligations in terms of these Terms and Conditions or otherwise be liable to Guests, by reason of delay in performance, by non-performance or by partial non-performance of any of its obligations hereunder to the extent that any such delay, nonperformance or partial non-performance is due to any Force Majeure Event. If the Operator is affected by a Force Majeure Event it shall be entitled to, and may in its sole and absolute discretion, amend or cancel any of the Services or the remainder thereof, or to make any alteration in route, accommodation, transportation or arrangement in the event of the Services or any part thereof being rendered impossible, illegal or inadvisable due to a Force Majeure Event. Notwithstanding the remaining provisions of this Agreement, the Operator shall be entitled to and may in the interest of safety and security, in its sole and absolute discretion, amend or cancel any of the Services or the remainder thereof, or make any alteration in route, accommodation, transportation or arrangement in the event of the Services or any part thereof being considered unsafe or inadvisable by the Operator for any reason whatsoever.

Wildlife Behaviour / Safari Indemnity

If the Client has booked an itinerary with the Operator that has a wildlife safari element (part or full), The Client understands and appreciates fully the fact that there may well be risks, hazards and dangers involved while on safari to which he / she / they may be subjected to, more particularly; the nature of a safari is to be in the natural environment of wild animals (some of which are predators). The Client accepts that they are taking the risk of entering the natural environment of wild animals. The Client understands that all information provided by lodge or camp staff, game rangers and game spotters, and safari operators is provided in the interests of the Client’s own safety, and therefore must be strictly adhered to. The Client must complete and sign all indemnity forms as provided by safari lodges, safari camps, safari tour operators and strictly adhere to all safety measures in place as provided by the above listed suppliers. The Client is also aware of the potential dangers of exposure to the hot, African sun – directly or indirectly – and that serious sunburn may result from unprotected exposure. The Operator herewith is not liable for any harm to the Client (fatal or otherwise) caused while on safari and / or on a booked itinerary with the Operator.

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 Operator or otherwise that is not included herein.