General Information and Booking Conditions
In these Terms & Conditions, the ‘Company’ shall mean Sidewinding Travels Pty Ltd registration number 2016/523507/07 ; a company registered according to the company laws of the Republic of South Africa. The ‘Client’ shall mean the person who has signed a booking form as the Lead Booking Name and each person named in the booking form.
1. Contract There shall be no binding contract between the Company and the Client until the following three conditions are met:
1.1. The Company Booking Form has been signed and accepted
1.2. The 30% deposit has been paid (Within 14 days after booking form has been sent to the Client')
1.3. The booking terms and conditions have been confirmed by the Client
2. Payments
2.1. A deposit of 30% from each Client is required when submitting the application form to confirm a booking, unless otherwise agreed in the Agent Contract.
2.2. The full amount due by the Client to the Company, shall be payable not less than 30 days prior to the date of departure/start of services (unless otherwise specified in the Agent’s Contract or direct form the Company). No Client will be permitted to commence any itinerary without payment in full being received by the Company. If the full amount is not received, the Company shall be entitled in its discretion to treat the reservation as canceled, and consequently to forfeit such part of the advance payment as determined solely by the Company. Late applicants may join the tour based on accommodation availability and prior arrangement with the Company'
2.3. Invoices in foreign currencies shall be paid by no later than the date specified on the footer of the original invoice. If payment is not made within this stipulated time period, the Client is obligated to request a new invoice as the due amount is subject to currency fluctuations.
2.4. If a new invoice is not requested and the currency exchange rate has changed to 'Sidewinding Travels’ disadvantage, a new invoice will be issued charging the difference to the Client/Agent.
2.5. If the company accepts payment by Credit Card from an Agent or Client, a 3 % surcharge will be added for Visa and Master Cards.
2.6. Payments can also be done via Electronic Funds Transfer (The bank account details will be sent directly to the client)
2.7. Please note: Sidewinding Travels reserves the right to alter the price due to external factors
3. Cancellations
3.1. Any cancellation of a booking by a Client or Agent, must be in writing and shall only be effective upon its acknowledged receipt by the Company. The date on which the Company receives the correspondence or a company recognized Agent, will determine the cancellation charge, if any.
3.2. Cancellation charges will be incurred as follows:
3.2.1. 46 days or more prior to departure: 10% of the total rate
3.2.2. 21days to 45 days prior to departure: 30% of the total rate
3.2.3. 14 days to 20 days prior to departure: 50% of the total rate
3.2.4. 8 days to 13 days prior to departure 80% of the total rate
3.2.5. less than 8 days prior to departure: 100% of the total rate
3.3. Special cancellation fees may apply for 3rd party bookings
4. Changes and Alterations
4.1. “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but not limited to, acts of God, explosion, flood, fire, war or threat of war, sabotage, civil disturbance, quarantine, government intervention, weather conditions or other unexpected occurrences).
4.2. The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the Client, by reason of delay in performance, or by non- performance, of any of its obligations hereunder to the extent that any such delay or non- performance is due to any Force Majeure.
4.3. If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the tour or safari.
4.4. No refunds are given for circumstances arising beyond the Company’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the tour or safari.
4.5. In the unlikely event of a vehicle breakdown that is beyond the Company’s control and immediate repair, the Company will arrange to have the spare part sent to the current location in the fastest possible time. The Company reserves the right to alter the itinerary accordingly in order to make up any time lost due to any unforeseen circumstances.
4.6. The company reserves the right to cancel the tour without prior notification and in such an event only agrees to refund all monies already paid and received from the Client.
5. Insurance
5.1. Travel and cancellation insurance is mandatory for every Client. All insurance is solely the responsibility of the Client. In order for a Client to join a tour or before commencement of any tour, the Client must have his/her full travel insurance, and must provide this information to the company. The insurance of the Client must be able to cover including but not limited to, personal injury, damage and loss of personal items including but not limited to camera equipment and other electronic equipment, medical expenses, repatriation expenses and loss of luggage. If a Client falls ill, all hospital expenses, medical expenses, doctor’s fees, repatriation costs and in case where transport is needed, are the Client’s responsibility and the Company shall not be liable for any refund of the tour rate whatsoever. The Company shall not carry any deceased bodies in our vehicles.
5.2. The Company shall accept no responsibility whatsoever of the carriage and storage of baggage on any of our tours, lodges, camps, hotels and guesthouses. It is the responsibility of the client to ensure that they have comprehensive travel insurance of the correct value for the baggage
6. Liability The Client hereby acknowledges, confirms and records that he/she understands the risk inherent in adventure travel in African destinations and associated activities. The Client is accepted onto the tour and undertakes to do the tour, travel or activity at his/her own risk. The client agrees and concedes that the Company, its representatives and employees shall not be responsible for loss or damage to possessions, or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever, unless directly caused by the Company’s negligence.
7. Health and Age Restrictions Before the commencement of the tour or safari, the Client will ensure that He/She is medically fit for the duration of the tour/safari and all the activities done on the tour. The Client will also ensure that HE/She is in good mental health and is able to embark on the tour/safari. If the Client have any Medical conditions, it should be made available to the Company on the Booking form sent out from the Company to the Client before the tour/safari. Any failure to declare these conditions to the Company will result in the cancellation of his/her tour. Every client above the age of 65 is required to submit a medical certificate or a self-declaration form to the Company, where they declare that they are medically, physically and mentally suited for the tour/safari. For all camping safaris there is an age limit of 70 years, and for all lodge safaris there is an age limit of 8 years.
8. Claims and Complaints In the highly unlikely event when the client has a complaint of any sort, it is compulsory for the Client to let the Company know immediately. This will provide an opportunity for the Company to investigate the situation and provide the correct action needed against this complaint. If there are further complaints from the Client, it must be send in writing to the Company no ore than 30 days after the tour has ended. If these are not followed, the Company will not further continue on the investigation of such complaints.
9. Company Responsibility and Rights All information related to the company, its tours and services offered, printed in brochures, shared on social media and the internet, as well as on our website is done and given in good faith by the Company and is based on the latest updated information available to the company. The itineraries printed, distributed and mailed to the Client serves as a guideline only. The Company reserves the right to change or alter facilities of accommodation, itineraries, facilities, transport described in any publication without being held liable for any compensation or refund.
10. The Company Authority The tour guide, a representative of the Company has the authority to make any final decisions whilst on tour, and should let the Company know at the soonest about this decision. The guide will have the authority to make such a decision in the event of danger to the group, arising from factors such as weather, political reasons, war, and if the tour guide is not able to reach the company. The company shall not be responsible or liable for any client who commits an illegal or unlawful act in any country visited, or the consequences of such an illegal act. The client may in such circumstances be excluded from the tour without a refund, at the sole discretion of the Company or Company representative. If the Company considers a client unsuitable for a tour (due to mental or physical illness or implied danger to any other Client or Company representative) it may at its sole discretion decline to carry the Client further. If a Client causes severe inconvenience or annoyance to other Clients, the Company may decline to carry the client further, without any refund whatsoever. This will only occur after extensive intervention by the tour guide or Company representative. Name: Tour: I hereby, declare that I have read, and understand the above terms and conditions Signature Date
11. Inclusions
The agreement includes all inclusions stated on the final quotation. Sidewinding Travels Pty Ltd reserves the right to alter the price should the included route, itinerary of rental description changes