Standard Terms and Conditions*

Planet Cape Town (Pty) Ltd, registration number 2013/120185/07 (“the Company”) t/a Kimba-Africa

1.  Application

1.1.  The client agrees that no indulgence whatsoever by the Company shall constitute a waiver in respect of any of its rights under this agreement and under no circumstances will the Company be prevented from exercising any of its rights in terms of this agreement.

1.2.  The terms and conditions contained in this document shall apply to the tour booking concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour itinerary provided to the client on confirmation of the booking.

1.3.  All references to the “client” in these terms and conditions shall include references to an agent of the client with such changes as the context may require.

2.  Applicable law and jurisdiction

2.1.  These terms and conditions shall be deemed to have been concluded in McGregor, South Africa and shall be interpreted according to the laws of the Republic of South Africa.

2.2.  The client consents to the jurisdiction of the Magistrates Court of Robertson in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that Kimba-Africa at its instance will have the discretion to sue in the High Court if it is deemed appropriate.

2.3.   Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.

3.  Disputes

3.1.  If a dispute should occur between the Company and the Client such dispute will be resolved if possible, amicably and informally between them, following the Company’s standard procedures for lodging a complaint.  If the cannot be resolved, such dispute will be referred to a mediator nominated by mutual agreement by the Arbitration Foundation of South Africa, and failing such agreement, to such a person as may be nominated by the parties. Such mediation will take place informally and none of the parties shall be entitled to be represented by lawyers.

3.2.  If the mediation is not successful, one party, will forthwith, by notice to the other party inform that party that accordingly and thereafter either party will be entitled to institute appropriate legal proceedings within a period of thirty (30) days.  If no legal proceedings are instituted within the aforesaid time limit, no further legal action relating to the dispute may be taken without first referring the matter for mediation.

4.  Bookings

4.1.  The Company reserves the right not to confirm the booking until the full amount set out in the first invoice raised by the Company has been received, and all relevant documentation, as appropriate, has been signed and completed, in full, by the client.

4.2.  Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.

5.  Tour price, deposit and payment

5.1.  A booking is considered confirmed when Kimba-Africa has received, in its bank account, the requisite deposit as set out in 5.2 below.

5.2.  Invoices are issued on booking confirmation, and 25% payment is required within 7 (seven) days of the date of the invoice; the full balance is due 30 days prior to the departure date.

5.3.   If a booking is made within 60 days of the tour departure date, 25% payment is required on booking. If the booking is made within 30 days of the tour departure date, 100% payment is required to confirm the tour. Non-payment of the stipulated percentage at time of confirmation, within 60 days of tour departure date, will result in the cancellation policy being applied.

5.4.  When booking a tour that includes activities or permits for which prior payment is required in order to secure the reservation, this payment is made directly to the relevant provider and is not refundable.

5.5.   While Kimba-Africa has utilized its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Kimba-Africa’s reasonable control.  Should the quoted prices change, Kimba-Africa shall use its best efforts to notify clients of such changes as soon as practically possible.

5.6.   The tour price includes only those services and/or items that are included as per the tour itinerary, and the client shall be responsible, and pay, for any additional items where, as required by the Company from time to time, such payment is made either directly to a third-party service provider or to the Company for settlement with a third-party service provider.

5.7.   The Company records that prices, charges or tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations for that particular country and, accordingly, the Company has no control over any increases to such prices, charges or tariffs, including where such increases are implemented during the tour. The Company therefore reserves the right to increase the relevant prices, charges or tariffs to accommodate such increases and/or fluctuations. The client shall be notified of such increase and/or fluctuation as soon as possible, and the Company will, only if possible, do its best to obtain the client’s authorisation before commencing with the final booking of such trip.

5.8.  Although the Company takes care to ensure that all information on its website and or price brochures and/or quotations is correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, the Company will take all reasonable steps to inform the customer of the correct details.  All prices are quoted in South African Rand (ZAR). If a customer pays using a different currency, the amount debited to the customer’s account will be as close to the advertised price as possible.

5.9.   Electronic Transfer: Proof of the transfer with a bank stamp must be faxed or emailed to the Company’s office (+ 27 (0)21 433 2547 / info@kimba-africa.co.za) as proof of payment.  The full total due must be reflected in the nominated the bank account for payment to be deemed to have been made.

5.10.   Credit Card: If Kimba-Africa accepts payment by credit card, a 5% administration fee will be levied on the total tour fare for which payment is being made.

6.     Cancellations

6.1.  Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Kimba-Africa. Cancellation fees are applied to the tour price, activity package and pre/post tour services.

6.2.   No cancellation fee is applicable for tours cancelled more than 60 days before the date of departure excluding for the non-refundable payments which shall be forfeit.

6.3.   Should a client, for any reason (except due to death or hospitalisation), cancel a booking sixty (60) days or fewer prior to the date of departure of the tour, a cancellation penalty shall apply. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and any reasonable potential for finding alternative customers.  Having regard to the aforementioned factors, the client will be liable for cancellation fees and penalties as follows, determined by the date of departure:

6.3.1.  Sixty (60) days or more prior to departure:  No fee applies excluding for non-refundable payments which shall be forfeit and invoiced accordingly

6.3.2.  Fifty-nine (59) to thirty (30) days prior to departure:  25% of the tour price plus non-refundable payments applies as a cancellation fee

6.3.3.   Twenty-nine (29) to ten (10) days prior to departure:  75% of the tour price plus non-refundable payments applies as a cancellation fee

6.3.4.    Nine days or fewer prior to departure: 90% of the tour price plus non-refundable payments applies as a cancellation fee

6.4.       The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.

6.5.       The Company reserves the right, at any time and for any reason, with notice to the client, to cancel the tour. In such event, the Company shall refund the full tour price (including the non-refundable deposit and payments).  This refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no further claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.

6.6.                 The client acknowledges that the tour is subject to a minimum booking of 4 passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall have no claim for any damages against the Company.

7.  Age-restricted Activities:

7.1.   In the event that a client wishes to undertake activities or excursions not suitable for children on a tour, the Company reserves the right to prohibit their participation in activities not deemed by the service provider to be either safe or age-appropriate.  The decision of the management of either the service provider or the Company shall be deemed final and no negotiation to the contrary shall be entertained.

8.  Amendments to bookings

8.1.  In the event that the client joins the tour after the departure date, or leaves before the last day of the tour, for any reason whatsoever, the client shall not be entitled to any refunds or rebates whatsoever from the Company.

8.2.   Should the Company be informed, and thus be aware of a Client’s wish to transfer from one tour to another, more than sixty (60) days prior to departure, no fee applies.

8.3.   Where the client wishes to change tours (that is, to move from the confirmed tour herein to another tour), such amendment is subject to:

8.3.1.  The Company’s being able to accommodate the client on the requested substitute tour.

8.3.2.   Payment by the client of an administration fee.

8.3.3.   The change being made by no later than 60 days prior to the departure date of the original tour, failing which the cancellation penalties set out in the 6.3 shall apply.

8.3.4.   A fee of 15% of the tour price or ZAR 2,000, whichever is the greater, if the change is made 60 days or more prior to the date of the departure.

8.3.5.  A fee of 30% of the tour price if the change is made 30 days or fewer prior to the date of departure.

8.3.6.   Where non-refundable, non-transferrable payments have already been made to a third party on behalf of the client, the full amount of said payments will be added to the tour fee and invoiced accordingly.

8.4.  In the event that a tour is changed, these terms and conditions shall apply to the substituted tour, with the necessary changes having been made.

9.  Passports, visas and other travel papers

9.1.  It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other documentation required for travel to the countries included in the itinerary, are in order in advance of departure of, and valid for, the duration of the tour.

9.2.  The Company shall not be held liable for any loss or damage to any client’s luggage arising from circumstances beyond the reasonable control of the company.

10.  Insurance

10.1.  Comprehensive travel and cancellation insurance for all clients on tour is mandatory. It is the client’s responsibility to ensure that he or she has secured such insurance and can provide proof of same before embarking on the tour.

10.2.  Should the client, on request, be unable to present the proof of such insurance, the Company reserves the right, at its sole discretion, to exclude the client from the tour, and the client shall be liable for the applicable cancellation fees as set out in 5.3 above.

10.3.  The client acknowledges that travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client’s failing to have the necessary insurances.

11.  Baggage

11.1.  The client shall be responsible for all baggage and personal effects that he/she brings on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.

11.2.  The client shall be entitled to baggage as per the allowances determined by international air carriers from time to time. Notwithstanding the foregoing, the Company reserves the right to refuse excess or oversized baggage.

12.   Health

12.1.  The client accepts that participating in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.

12.2.  Where the client is over the age of 65, the Company may require a medical certificate or doctor’s letter confirming that the client is medically fit to undertake the tour.

13.  Authority on tour

13.1.  The Client must, at all times, comply with the laws, customs and foreign exchange regulations of all countries included in the tour.

13.2.  In addition, the Client acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the tour shall not be tolerated and that the Company, its employees, representatives, agents and/or contractors being so authorized, under such circumstances, reserve the right to exclude the client from the tour at any point.

13.3.   Under the circumstances mentioned in 13.2 above resulting in a client’s exclusion from a tour, the Company shall not be liable for any costs and/or expenses;  nor shall the client be entitled to a refund or rebate of the tour price nor any additional compensation.

14.  Marketing

14.1.  The Company reserves the right to use any photographic and video material taken during the tour in marketing or any other advertising material, and the client hereby consents to such use.

14.2.  The client further agrees that the Company shall retain copyright over any such photographic and video material taken during the tour and/or used in its brochures and, to the extent necessary, hereby assigns copyright in such photographs and/or videos to the Company.

15.  Unforeseen circumstances

15.1.  The Company shall not be held liable for unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the Company’s control that may cause delays or alterations to the tour, or for any consequences, which may arise as a result therefrom.

16.  Travel documents

16.1.  It is the client’s responsibility to read and understand all documentation presented by the company when she/he makes the tour booking, including that issued prior to travelling and the tour departure, the tour itinerary and any such information provided during the course of the tour.

17.  Indemnity and exclusion of liability

17.1.  The client accepts that the tour could involve an element of personal risk.

17.2.  The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the client’s participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.

17.3.   The client furthermore indemnifies and holds the Company and its respective directors, officers, employees, representatives and agents harmless from and against any and all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney- and own-client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any other such person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.

18.  Privacy policy

18.1.  The Company is commitment service excellence and respects the privacy of its clients. The Company will explicitly ask when information that personally identifies clients or allows it to contact them, is required. Generally, this information is requested when making reservations for accommodation, activities and excursions.  Clients must therefore agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent their affiliation with anyone or anything.

18.2.  The Company will use personal information for the following:

18.2.1.  to enable it to process, validate and verify reservations and requests for services and for the purposes for which clients have specifically provided the information

18.2.2.  transactions with clients via the website, email or telephone regarding the services provided

18.2.3.  improvements to, and the provision of services, to clients via the company website.

18.2.4.  with clients’ consent, notification of new tours, services, special offers and products

18.3.  The Company shall be entitled to disclose personal information if required to do so

18.3.1.  to comply with applicable law or with legal process served on the Company;

18.3.2.  to protect and defend the rights or property of the Company, and

18.3.3.   for the purposes of distributing same to various employees and/or third parties who assist the Company in providing services to you clients thus need to know clients’ personal information in order to render a proper and efficient service to you.

18.4.  The Company will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to clients’ personal information.

18.5.  All clients must be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that invade the user’s computer and cause damage. Generally, cookies work by assigning a unique number to a user, and which has no meaning outside the assigning site. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows users either reject accept the cookie feature; however, it should be noted that enabling cookies may be necessary for users to make use of certain features (e.g., customized delivery of information) available on the Company’s websites.

18.6.  While the Company commits to taking reasonable measures to keep personal information confidential, it shall not be liable for any loss or damage, suffered as a result of the disclosure beyond its reasonable control of such information.

18.7.  The Company will:

18.7.1.  treat clients’ personal information as strictly confidential;

18.7.2.  take appropriate technical and organizational measures to ensure that clients’ personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

18.7.3.  promptly notify clients if the Company becomes aware of any unauthorized use, disclosure or processing of clients’ personal information;

18.7.4.  on reasonable request, provide clients with reasonable evidence of compliance with these obligations; and

18.7.5.  on request, promptly return or destroy any and all of clients’ personal information in the Company’s possession or control except as outlined in 18.8. below.

18.8.  The Company shall not retain clients’ personal information longer than the period for which it was originally needed, except as required in terms of South African legislation relating to the retention of record for tax, compliance or other reporting purposes.

19.  Image use disclaimer

19.1.  All images used on the Company website and associated material for publicity and marketing purposes, including on its social media channels, are the property of Kimba-Africa and may not be copied or used without permission.

*Subject to change.  Terms and conditions contained in correspondence are deemed to be thos applicable to that tour and/or transaction