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 partof 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, a3 % 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 pricedue 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.3.1.1.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 rate3.2.3. 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 Alterations4.1.“Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but not limited to, acts ofGod, 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’scontrol and immediate repair, the Company will arrange to have the spare part sentto 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 notificationand 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 insuranceis 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, itsrepresentatives 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 tothe 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 of65 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 anopportunity for the Company to investigate the situation and provide the correct action needed againstthis 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 mailedto 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 theevent 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 aclient 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. 11. Client Responsibility 11.1.Before the commencement of any tour or safari it is the responsibility ofthe Client to ensure that their passports, visas, travel permits and inoculations required for the countries visited are obtained well in advance and are following thelaws and regulations of these countries visited. The Client will carry all extra costs incurred, if the Client fail to obtain the above mentioned documents. The cost will be for the Client, should they arise on tour. The costs that are also on the Company;'s behalf due to the Client not adhering to the laws and regulations, will also be for the Client's account. The Company may not be held liable for any failure on the part of a client to be in possession of the correct travel documentation. 11.2.The onus is on the Client concerned to fully acquaint themselves with the Terms and Conditions set herein and all matters such as visas, required
documentation, payment schedules and cancellation policies.11.3.It is the Client’s responsibility to check the latest FCO advice (foreign & commonwealth office) for the countries they will be traveling to. 12. Luggage Allowance Heavy and overloaded vehicles are unsafe, and against the laws of the countries the Company will travel in. Baggage is strictly limited to one large bag, weighing a maximum of 15 kg. Also allowed will be a smaller hand-luggage bag or camera bagper Client. It is up to the client to ensure that the weights and size of the luggage is adhered to at all times. The client will also ensure that no dangerous items, such asdrugs, explosives, weapons, and any other material considered dangerous is not carried in their luggage. If found in possession of these the Client will be dismissed from the tour and handed over to the local authorities. 13. Booking on scheduled departures 13.1. Group Size Our group size usually varies between 4 and 20 maximum depending on the type of tour and safari as well as the destinations to e visited. By traveling in small groups, the advantages are that campsites and/or lodges are not invaded and time is not wasted in trying to assemble and control large groups of people, and allows the Client to receive the best personal service from the Company. Our safaris and tours are usually made up of individuals, couples and sometimes groups of friends aged between 18 and 65 years. With the mere physical and youthful mentality which prevails on these tours, they are generally not suited to anybody over the age of 65 years. There is no upper age limit on any tour or safari, but for any Client
over the age of 66, the Company requires a medical certificate, signed off by a medical doctor to confirm physical ability for the chosen tour. Indemnity forms must be completed by a parent or guardian of 21 years or older, for children wishing to participate who are between the ages of 12 and 18. 13.2. Transport Sidewinding Travels will be utilizing many vehicles from Overland Trucks, Buses, Toyota Minibuses. The vehicles offers comfort, safety, large windows (For game viewing) and music and microphone systems. Many of these vehicles are hired from sub-contractors. The Company will ensure that these vehicles used will have all the necessary licenses and permits, be safe for the Client and also be suited for the terrain traveled The Company reserves the right to change any of the vehicles should the situation arise. All luggage are carried on the roof or in the trailer or inside the vehicle to ensure maximum comfort inside the vehicle. 13.3. Participation The Company offers two types of participation safaris: Non participation, where clients do not need to participate in safari duties The Clients will assist in the day-to-day running of the safari. These include assisting with cooking, washing up, preparing meals, preparing the camp and putting up their own tents. Each Client's satisfaction depends on the attitude and willingness of the Client. ; Semi- Participation where the clients have to put their own tents up, help with food preparation, dish-washing and help with the packing and unpacking of the vehicle. A degree of flexibility is essential because of the mere nature of the parameters in which we have to operate. The level of participation on the tours will be indicated in the tour information.