STANDARD TERMS AND CONDITIONS OF CONTRACT

APPLICATION

All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Kembo Sithole t/a Itchy Feet Safaris (‘the Operator’) are subject to these terms and conditions (‘the Conditions’). This applies to bookings made on the Operator’s website as well as bookings made by email or facsimile.

THE CLIENT AND AUTHORITY

The person requesting such quotations (“the Quotation) or estimates or making such booking (“the 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 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, DEPOSIT & RESERVATION

When making Bookings the Client must provide the Operator with the traveller’s names and surname that correspond with the details on the passport. Any discrepancies between the Booking names and surname and the names and surname in the passport could lead to deportation or refusal to allow the traveller to board a flight.

For group tours, packages, foreign individual tourist (FIT) travel, day trips and vacations advertised with estimated prices on the Operator’s website, the Client will be required to request a Quotation on the Enquiry form, or by email before completing a Booking form on-line, or telefax the completed Enquiry form to the Operator (“the Enquiry”).

For tailormade tours (“Tailormade Tours”) which have been designed to the Client’s own specifications, and for which estimated prices are not advertised on the Operator’s website, the Client will be required to request a Quotation on the Enquiry form, or by email before completing a Booking form on-line, or telefax the completed, signed Enquiry Form to the Operator (“the Enquiry”).

Once the Client has filled in the Enquiry Form (‘the Enquiry’), or communicated the enquiry to the Operator by email, the Operator will prepare and provide the Client with a Quotation for tailormade tours, day trips, packages and/or group tours for which a price estimate may/may not be stipulated on the Operator’s website, to the Client’s stipulated email address or telefax number.

Should the Client choose not to pay the Tour Price on line by credit card, but to pay by wire transfer (also referred to as a forex swift transfer), he/she will be required to fax or email the signed Quotation back to the Operator.

For group tours, Tailormade Tours and packages a deposit of 20% (‘the Deposit’) of the total tour or package price (‘the Tour Price’) as specified in the quote is required in order to secure the Provisional Booking, with 75% of 20% (that is 15% of the total tour price) being non-refundable, subject to payment of the balance of the Tour Price as specified herein.

If the client is making a booking for a group tour fewer than 8 weeks prior to the commencement of the tour, the Client will be expected to settle the full Tour Price, as quoted by the Operator for the particular tour or arrangement applied for, within 24 hours of the date of the quotation. Bookings for group tours may be considered later than 8 weeks prior to the commencement of the tour or package date, at the sole and unfettered discretion of Itchy Feet Safaris’ management.

For FITS, couples and families booking Tailormade Tours or Packages, full payment of the Tour Price quoted by the Operator is required for bookings made fewer than 8 weeks before the commencement of the Tailormade Tour or Package. For bookings made more than 8 weeks prior to the commencement date, a minimum 10% deposit is required, for Provisional Bookings to be made, and 75% of this 10% [that is 7.5% is non-refundable].

The Operator will only make the Provisional Booking (“the Provisional Booking”) once the deposit has been received, and reserves the right to cancel any reservation if the deposit is not received within 7 calendar days of the date of the reservation, for Tailormade Tours, which date will be deemed to be the date when the signed Quotation is received by telefax, email or accepted on the Operator’s website. Upon receipt of the Website Booking Form, duly completed and signed by telefax / or accepted on the Operator website, and accompanied by the Deposit, the Client will be deemed to have confirmed all the information pertaining to the Client’s booking (‘the Booking’) as correct and the Operator will, subject to availability, make the necessary arrangements to secure the Provisional Booking. An Invoice (“the Invoice”) will be sent to the client after acceptance of the Quotation.

Upon receipt of the Deposit, the Operator will issue the Client with a Provisional Booking. There may be circumstances beyond the control of the Operator which may result in it being unable to confirm the Provisional Booking at the time of receipt of payment into its bank account. In such instances, it will be clearly communicated to the Client in writing that the Provisional Booking is not yet confirmed. Should the Operator be unable to confirm the booking within 14 days of receipt of the deposit, it will give the Client the option of booking another tour or package (as appropriate) with the Operator or cancelling its booking, and receiving a full refund of the Deposit. Besides these specified remedies, the Operator shall have no further liability to the Client.

PAYMENT AND PAYMENT TERMS

The Operator does not accept any payments in cash without prior agreement in writing and will not dispatch any tour guides and vehicles to Client pick up points unless payment has been received in full as specified hereinafter.

For Group Tours, the Tour price for which the Client has made a Booking, in full, is due not later than 50 calendar days prior to departure or commencement of the tour or arrangement. In the case of Tailormade Tours or Packages which are booked more than 8 weeks prior to their commencement dates, the balance of the Operator’s Tour Price for them must be paid in full no later than 8 weeks before the starting date of the tour.

However under certain circumstances and with certain Group Tours, Tailormade Tours and Packages these payment terms maybe relaxed and/or changed. Itchy Feet Safaris will send agreement to such in writing or email. Telephonic agreements or arrangements will only be adhered to or accepted when such telephonic arrangments are confirmed in writng and receipt in writing thereof is confirmed by both Itchy Feet Safaris and the booking party.

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’s account, or the Operator may cancel the Booking. The Operator reserves the right to charge the Client interest at a rate of 3% above the prime rate charged by the Operator’s bank in the Republic of South Africa on any payment made after the due date.

DAY TRIPS

For day trips, whether an individual day trip or a series of day trips, Bookings must be confirmed and payment must be made to the Operator at least 72 (seventy two) hours before the departure of the day trip, tailormade tour, package tour or group tour. If payments are not made in time, the Operator may not be able to reserve tour guides or vehicles. Credit card payments require 48 (forty eight) to 72 (seventy two) hours before payments are cleared and deposited into the Operator’s bank account. Forex transfers (also called wire transfers) are usually only cleared and deposited into the Operator’s bank account after 3 (three) to 4 (four) business days. Any booking will remain in provisional status until paid in full.

No booking of any trip is confirmed unless payment is received in full. Itchy Feet Safaris reserves the right to give preference to bookings that are paid up over provisional unpaid bookings and therefore if client delays payment they run the risk of losing the availability of the tour to them. However Itchy Feet Safaris can confirm bookings on receipt of part payment if such is agreed by Itchy Feet Safaris in an email relating to a specific tour and such an agreement is binding.

Third party properties and suppliers booked as part of a tour or package are subject to the terms and conditions of the suppliers of the services booked. Where such terms and conditions are materially different from the Operator’s own Standard Terms and Conditions, this will be specified in the Invoice. The Operator will, on written request, provide a copy of the supplier’s terms and conditions.

PRICES

Note that the Operator reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date the payment of the Tour Price is received in its bank account. Furthermore, prices are quoted at the ruling daily exchange rate and based on hotel, airfare and other relevant prices on the date of the Operator’s quote. Until the Operator has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand.

Any refusal to pay the additional charge due to fluctuations will be regarded as a cancellation by the Client and the Client will be liable for the applicable cancellation fee as set out herein. However, once payment of the quoted and confirmed Tour Price in full is received, the Tour Price is guaranteed (subject to statutory increases such as VAT and bed levies) Should it be a booking involving a group of travellers and the group number deviates from the number specified for the Booking, 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. The Client is responsible for checking for any changes in pricing prior to effecting a full and final settlement of the Tour Price.

TAXES AND SURCHARGES

Where possible airport and airlines taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore, it is important that you check with the Operator prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for.

RESPONSIBILITY

All tours are booked 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 furthermore not be liable for any consequential or indirect loss or damages whatsoever.

TRAVEL AND MEDICAL INSURANCE

It is strongly advised that all Clients take out adequate insurance cover 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 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 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 the Tour Price in full and once the Operator’s bank has cleared the funds. In the case of late bookings, the Operator will release the documents as soon as possible. In certain circumstances it may only be possible for internal and regional air tickets and or hotel vouchers to be handed to the Client on arrival, in South Africa, by the Operator.

PASSPORTS, VISAS & HEALTH

It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for at least six months after return to home country and that any vaccinations, inoculations, prophylactics (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with the Operator and your medical doctor before travelling. The Operator will endeavour 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.

HEALTH, MALARIA AND OTHER TROPICAL DISEASES

Where certain parts covered by your itinerary are areas where there is a risk of malaria and other tropical diseases, we strongly recommend that the necessary precautions be taken in this regard. We recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination.

No clients will be accepted on a tour or be permitted to continue with a tour while their mental or physical health is, in the sole and unfettered discretion of any representative of the Operator, such as to make them incapable of caring for themselves, or making them a hazard to themselves or other guests. The Operator will not be responsible for any cost incurred or any refund to such person, should it decide to terminate their participation in the tour for any of the reasons specified herein.

WILD ANIMALS

Please be aware that safaris and game drives may take you into close contact with wild animals. Attacks by wild animals are rare, but because their behaviour is unpredictable no safari or game drive in a game reserve, park or into the African wilderness can guarantee that this will not occur. Neither the Operator, nor their employees, or agents can be held responsible for any injury or incident on the safari.

MARKETING AND PHOTOGRAPHY

The Operator reserves the right at its sole discretion and without notice to use photographs and film taken by the Operator’s representatives or photographers on any of its tours and packages on its website and in its brochures. The Operator 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 Operator in writing in advance of the tour that he/she does not wish to be photographed or filmed for such purposes.

AMENDMENT FEES

An amendment fee of R300.00 per booking amendment will be levied for any changes to the confirmed itinerary. Changes will only be affected, if it is possible to make the amendments requested by the Client. This charge is levied to cover administration expenses involved. Please note that where other service providers are also involved in the booking, they may levy their own amendment fee, which will be payable by the Client. Credit card payments may incur a fee for cancellations, which fee will be for the Client’s account.

CANCELLATION BY CLIENT

BECAUSE OF COVID 19 OUR CANCELLATION TERMS WILL BE MORE FLEXIBLE AND VARY WITH EACH BOOKING. THE EXACT TERMS WILL VARY WITH EACH TOUR BECAUSE OF DIFFERENT SUPPLIERS TERMS HAVE BEEN CHANGED TOO. THE EXACT TERMS FOR CANCELLATION AND CHANGES TO DATES ETC WILL BE STATED IN YOUR INDIVIDUAL QUOTATION SENT TO YOU BEFORE YOU PAY ANYTHING FOR YOUR TOUR. NEW TERMS WILL INCLUDE MORE FAVOURABLE AND FLEXIBLE CANCELLATION TERMS AND DATE CHANGES, POSTPONEMENTS ETC. THE TERMS STATED IN YOUR INDIVIDUAL QUOTATION WILL OVERRIDE THE TERMS AND CONDITIONS STATED BELOW. ALL OF THEM WILL BE MORE FLEXIBLE AND FAVOURABLE FOR YOU AND YOU CAN MAKE YOUR DECISION TO BOOK OR NOT AFTER READING THEM IN YOUR QUOTATION.

In the event of Clients cancelling their reservations, the Operator will apply a cancellation fee penalty;

The maximum cancellation fee, which will be imposed in the event of a Client canceling, is as follows:

Group Tours

Deposit of 15%, of the total final invoiced booking price, is non-refundable.

Between 4 and 8 weeks prior to departure of the tour 50% of the total, final invoiced booking price will be charged.

4 weeks or less prior to the date of departure, of the tour, 100% of the total, final invoiced booking price will be charged.

FITS, Tailormade Tours and Packages and Day Trips

Deposit of 15%, of the total final invoiced booking price, is non-refundable.

Between 4 and 8 weeks prior to departure of the tour 50% of the total, final invoiced booking price will be charged.

4 weeks or less prior to the date of departure, of the tour, 100% of the total, final invoiced booking price will be charged.

Should the client fail to cancel the Booking, Package or arrangement with the Operator, the Client will be liable for paying the full Booking price for the tour or arrangement.

Should a guest fail to arrive, the Operator will be entitled to treat the reservation as cancelled without giving the client notice and the provisions of the Cancellation by Client clause will apply.

Credit card payments will incur an additional fee of 3% of the total quoted and invoiced Tour Price, which fee will be for the Client’s account.

Modification/ Postponement Charges:

For modifying or postponing a reservation when a deposit has been paid, a percentage is calculated and charged:

Modify/postpone within 60 to 45 days before start date: 25% of total original booking charge.

Modify/postpone within 45 to 30 days before start date: 50% of total original booking charge.

Modify/postpone within 30 days and less: 100% of total original booking charge.

When modifying/postponing the arrival date to an earlier date, no fees will be charged, unless the total cost is decreased and the arrival date before the modification falls inside the 30-day period prior to original arrival date.

If the start date of the itinerary is postponed prior to or on original start date then cancelled at a later stage, the fees that applied at the time of amendment will be enforced if the amount is greater than the new cancellation fees. If the new proposed start date is not available and no other alternative date is acceptable then original cancellation fees applicable to original start date apply.

If an upgrade or downgrade of accommodation is effected then the relevant difference in price will also apply and if greater than the original booking will be charged

CANCELLATION BY OPERATOR

In the unlikely event of the Operator having to cancel a tour or booking due to unforeseen circumstances, the impact of which could not have been avoided, with the best efforts of the Operator, or having been obliged to make major changes to the content and/ or details of the tour, the Client shall not be entitled to any compensation, beyond the following options;

Confirmation of acceptance of the new changed details of the vacation, package, tour or arrangement

Cancellation of the vacation, package, tour or arrangement booked, and receiving a full refund of the amount paid, minus reasonable administrative expenses;

Purchasing a different tour or package with the Operator to the same standard as the previous vacation, package, tour or arrangement

The client should please note that refunds on airline tickets could take up to 12 weeks and that the Operator cannot make refunds before receipt of funds from Third Party Service providers.

CANCELLATIONS DUE TO FORCE MAJEURE

The Operator 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), wars, acts of terrorism, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

Force Majeure includes renovations that may be carried out at your resort or any hotel/lodge guest house in your itinerary – whilst the Operator will use its best endeavours to provide current information in that regard and whilst the resort will use its best endeavours to keep any inconvenience to a minimum – the fact that restorations or renovations are being carried out does not constitute grounds for any claim against the Operator.

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.

OPTIONS IN SCHEDULED TOURS

Where options are indicated in tours, or packages, it is understood that the costs involved, which are added to the package or tour costs, will be for the Client’s account. In such instances, the Operator will act as an agent for Third-Party Service Providers.

SPECIAL REQUESTS

While the Operator 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 Operator in writing or on the Enquiry Form and are received in good time before the commencement date of the tour, package or arrangement booked with the Operator.

LAW & 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 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 Operator against damages suffered and/or costs incurred by the Operator and/or any third party as a result of a breach of this clause.

AMENDMENTS

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless the Client has indicated its acceptance on the Operator’s website/ by telefax /email and a duly authorised representative of the Operator has also indicated the Operator’s acceptance on the Operator’s website.

REFUNDS

Except as indicated herein, 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 Operator before the travel documents will be released.

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 calendar days after the end of the Booking. Under no circumstances whatsoever and howsoever arising will the Operator be liable for any indirect or consequential loss or damage.  Notwithstanding anything else in this STC and without limiting the generality of the aforementioned limitation, it is confirmed that in the event that a Court of Law deems that the Operator is liable for any claim such claim shall be limited to the actual amount invoiced by the Operator in terms hereof.

PUBLIC LIABILITY INSURANCE

The Operator confirms that he has Public Liability Insurance cover in place in the amount of R5,000,000, which Public Liability Insurance is valid and up to date.

LEGAL FEES

The Client will be liable for all legal fees on an attorney and own client scale in the event that the Operator has to engage a lawyer to enforce any of its rights or otherwise.

CONFIDENTIALITY

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

BOOKING ON BEHALF OF A GROUP, LEGAL ENTITY OR ANOTHER PERSON

For legal reasons, if the Client is making a booking on behalf of a Group, legal entity or another person, he/she should ensure that a written mandate or resolution authorising him/her to make and confirm the booking is obtained before making the booking. Failure to do so may result in travel documents and vouchers being delayed, and/or all bookings being cancelled and/ or payments being forfeited. The Client will also be required to acknowledge on the Operator’s website that he/she is duly authorised to make the booking on behalf of another person, group or legal entity as per the conditions of this clause. The Client will be held personally liable in the event that such authority is not verified by means of a written mandate or resolution, and is not acknowledged on the Operator’s website.

BOOKINGS MADE BY A LEGAL MINOR

If the Client is under the legal contracting age of 18, his/her parents will be required to co-authorise the booking and its confirmation, with the Client, on the Operator’s website.

ENTIRE CONTRACT

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 Operator or otherwise that is not included herein.

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 for example in some cases, weather conditions can necessitate an alteration in the tour itinerary and this does not constitute any reason for refund.

DISPUTE RESOLUTION

Any and all disputes arising out of or in connection with the STC, including any question regarding its existence, validity or termination, shall be dealt with as follows:

Firstly, the managing director or equivalent of either party, or the managing director, or equivalent, and the Client, will within 5 (five) working days of the dispute arising make an attempt by telephone/fax or email to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation. The mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party-appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failure to resolve the matter amicably.

The mediation itself must take place with a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Cape Town within 2 (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force, which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules.

The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations related to the subject matter of such proceedings. All arbitration proceedings shall be in the English language.

Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such application.