General terms and conditions for booked tours/trips
The services we offer are subject to these general terms and conditions.
TOUR OPERATOR:
These tours are operated by AFRIKA 24 REISEN (PTY) LTD, hereinafter referred to as the "Operator".
1.) APPLICATION OF THE GENERAL TERMS AND CONDITIONS AND THE TRAVEL CONTRACT
Upon booking, the customer receives the booking confirmation/invoice. The contract is concluded upon receipt of this confirmation from the operator. In case of a booking within less than 10 working days before departure, a booking confirmation is immediately binding.
General agreements or special requests by the customer must be recorded in writing and are only deemed to have been bindingly agreed once they have been received on the booking confirmation.
The reservation is binding for the customer for four weeks. During this period, the operator is obliged to issue the booking confirmation/invoice. In the case of a reservation made at short notice within 10 working days before the start of the trip, the booking is deemed to be a late booking and the contract is concluded upon immediate confirmation of the booking or upon commencement of the trip.
2.) PAYMENT TERMS
A deposit of 50% of the total tour price is due within 7 days of booking.
In the event of cancellation by the customer, 20% of the total tour price is non-refundable.
The remaining balance must be paid no later than 30 days before the start of the trip.
If the booking is made less than 30 days before the start of the trip, the total trip price is due immediately.
The customer also bears the risk of any negative exchange rate fluctuations between the down payment and the final payment.
3) ACTIVITIES AND CHANGES TO SERVICES
The scope of the agreed services and activities is based on the individual offer (which was sent to the customer by email) and the booking confirmation/invoice.
The information is binding for the operator. However, for objectively correct and unforeseeable reasons, the operator reserves the right to make changes to the arrangement offered in the offer/booking confirmation, about which the customer will of course be informed before booking. Certain changes or deviations from individual travel arrangements, the necessity of which only becomes apparent after the conclusion of the contract and which the operator has not caused against the will of the customer, can only be made if they are of a subordinate character and do not disturb the character of the tour as a whole.
The operator is obliged to explain such a permissible change or deviation to the customer immediately after the reason for the operator becoming aware of it. In this case, the customer has the right to withdraw from the contract or to request participation in another tour. If the operator can make such an alternative offer without incurring additional costs.
The operator will not reimburse the costs of providing services for which the customer is not wholly or partially responsible.
The operator does not issue invoices for individual elements of the tour.
4.) CANCELLATION OF THE BOOKING ON BEHALF OF THE CUSTOMER
The customer can cancel the travel agreement at any time, but must pay the cancellation fees incurred up to the maximum amount stated below.
These are calculated as follows:
Between confirmation and up to 30 days before the start of the trip 20% of the travel price per person
29-15 days before departure 30% of the tour price per person
14-7 days before departure 60% of the tour price per person
6-1 day or no-show before departure 80% of the tour price per person. Different cancellation fees may apply for individual travel arrangements.
4.2 EXCHANGE RATE RISK FOR TRIPS OUTSIDE SOUTH AFRICA
For travel services outside South Africa—regardless of whether these are organized directly by us or through a partner agency—the customer bears the risk of any adverse exchange rate fluctuations between the down payment and the final payment. If the total price of the trip has been calculated in whole or in part in a foreign currency, additional costs may arise in the event of a devaluation of the South African rand (ZAR). This difference must be settled by the customer with the final payment. The basis for the calculation is the exchange rate on the day the final payment is received.
The customer is free to pay the entire travel price in full at the outset. In this case, there is no risk from exchange rate fluctuations. Regardless of the time of payment, 20% of the total amount is considered a non-refundable deposit in accordance with our payment and cancellation terms.
5) CHANGES TO THE PROGRAM AT THE CUSTOMER'S REQUEST
If the customer requests a change to the travel arrangement after the conclusion of the contract, the operator may charge the customer a processing fee if the operator does not provide information on a higher remuneration in accordance with the travel price less the costs saved for the activity and less the sum of the activities that the operator could sell or otherwise use.
6) OTHER PERSONS TRAVEL
Before the start of the trip, the customer has the right to request that another person travel in his place and assume the rights and obligations of the travel contract. The operator has the right not to accept the participation of the third person if the person does not fulfill the special requirements of the trip or if legal regulations or official orders do not allow his participation.
If a third party enters into the contract, he and the person who originally booked the trip are jointly and severally liable for the travel price.
If a third party enters into the contract, he and the person who booked the trip in the first place are jointly and severally liable for the additional costs caused by the conclusion of the contract by the third party. The lump sum is ZAR 1,500.00 per person to be changed.
7) CANCELLATION OF TOURS FOR FORCE MAJEURE REASONS
If the tour operation is impeded or endangered due to force majeure, such as war, threat of war, riot, civil war, labor dispute, terrorist activities, natural or nuclear disaster, adverse weather conditions or other unforeseeable circumstances, after conclusion of the contract, both the customer and the operator have the right to withdraw from the contract. The operator is entitled to appropriate compensation for the activities carried out to date.
8) WARRANTY AND REMEDY
If the tour is not carried out in accordance with the travel contract, the customer is entitled to subsequent performance if this would not lead to unreasonable expenses. Remedy means the elimination of the causes of justified complaints, including through replacement services wherever possible.
The customer has the right to demand a reduction in the price of the trip if he/she has brought the complaint or objections to the attention of the tour guide or the operator without delay. Telephone numbers are given in the travel documents. If the customer is unable to complain, they are not entitled to a reduction in the price of the trip.
The price must be reduced appropriately, taking into account the value of the service at the time of sale and the actual value of the service offered.
If an agreement is significantly impaired by an error and the operator does not provide a remedy within a reasonable timeframe, the customer has the right to cancel the travel contract in writing to the operator. This also applies if there is an error and the customer is unable to participate in the trip for an important reason that the operator can understand. In cases in which rectification is impossible or the operator refuses to do so or the immediate cancellation of the contract is justified due to a special interest of the customer, no grace period is to be set in these cases.
Irrespective of the reduction of the purchase price or the cancellation of the contract, the customer is entitled to compensation, unless the operator is not at fault.
9) LIMITATION OF LIABILITY
The operator and its agents act only as agents in relation to travel. In general, no liability is accepted for injury, damage, loss, theft, death, unforeseen delays or irregularities caused by damage to vehicles, for other reasons, or by the actions of the person/agency responsible for carrying out the trip. Liability is excluded in cases of intent or gross negligence. All itineraries and travel times are subject to change without prior notice, provided that the purpose and destination are as close as possible to the offer.
The operator recommends that customers take out travel insurance in advance.
10.) EXCLUSION OF CLAIMS AND RESTRICTIONS
Within one month of the contractually agreed end of the trip, the operator must be informed in writing of any claims for compensation due to the travel operation contradicting the travel contract. After the expiry date, the customer can only claim compensation if he is not at fault for not meeting the deadline.
11) INVALIDITY OF INDIVIDUAL PROVISIONS
The invalidity of individual provisions of the travel contract does not lead to the invalidity of the travel contract as a whole.