BOOKING TERMS

General booking terms

1. All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of Nzira Travel (Pty) Ltd (Reg. No. 2022/ 841343/07) trading as Nzira Travel herein after referred to as ‘the Company’ accepts bookings subject to the terms and conditions and the terms and conditions of various third party service providers (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company requests on your behalf to render services or provide products to you (see in re such suppliers below: ‘Third Party Service Providers’).
2. ii. Bookings and subsequent contracts shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
3. iii. The parties’ consent to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended, but it is specifically agreed that the Company at its instance will have the discretion to sue in the High Court if it deems it appropriate. The parties choose their respective domicilium citandi et executandi as reflecting in the Booking Form.
4. iv. The Company reserves the right to decline any request for booking without outlining its reasons therefore.
5. v. The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and had explained (where applicable), understand and accepted the Company’s Terms and Conditions and to have the authority to do so on behalf of the person in whose name the enquiry is made or advice sought or 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’).

The services

1. The Company provides professional safari travel services which simplifies the travel planning process for customers, in addition to providing professional consultation services and turn-key travel packages (“the Company Service”).
2. ii. Costs associated with the Company Services are incurred upfront by the Company and recouped at time of booking confirmation of travel services (i.e. once the requisite deposit is paid) through commission which is included in the total costing of the proposed travel package.
   

Deposit & Payment

1. All prices and services are correct at the time of provision of proposals and quotations. All prices, services and departures are subject to change but the Company will use its best endeavours to advise the client of such changes in advance.
2. The Company reserves the right to alter the published price of any tour due to increasing tariffs, costs and entry fees or fluctuation of exchange rates, noting that such amounts shall reflect and not exceed any of the aforesaid amounts.
3. The Company will not accept any booking where the acceptance of proposal is not confirmed in writing by return e-mail, or incomplete in any respect and the requisite deposit has not been paid.
4. The Company reserves the right to decline any request for booking without outlining its reasons therefore.
5. No booking shall be considered confirmed until a written booking confirmation has been sent to the client and the full amount due paid.
   

The following payment terms apply to all Company services, excluding air travel, confirmed:

1. A 40 % deposit is required to secure a booking. This amount forms part of the payment for the trip and shall be offset to the total amount charged.
2. The remaining 60 % balance is required to be paid in full at 60 days prior to tour departure. If the full amount is not paid by 60 days prior to departure, the Company reserves the right to treat the booking as cancelled by the client and the deposit in its entirety or a
   substantial percentage thereof relating to services rendered and irrecoverable payments made on behalf of the client shall be forfeited.
3. 100% Full Payment is required for any tours booked within 75 days or less of tour departure to secure the services of the Company.

Additional payment terms:

1. Air travel services requiring instant payment will be charged in full at time of confirmation.
2. Should you wish to make payment for your trip by means of a credit card, please note that in terms of the South African Reserve Bank foreign currency regulations, all payments must be converted into South African Rands prior to credit card payment processing. This may lead to foreign exchange variances. Strengthening and weakening of the South African Rand may increase or decrease the billing amount reflected in your currency.
3. In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations.
4. In the case of group bookings, full payment is required by each respective individual/company in order to confirm/secure any airline seats/accommodation/car hire or any other group arrangements on offer/discussed. If full payment is not received by the applicable date, the relevant service provider will automatically cancel any airline seats/accommodation/car hire or any other group arrangements on offer/discussed/confirmed and the Client will have no right of recourse against the relevant service provider or the Company.
5. Please note that often more than one itinerary is prepared during the booking process and it is the Client’s obligation to ensure that all the details in the final version submitted to it is correct.
6. Clients are welcome to settle payment by means of a bank transfer – in this instance the amount will be converted by your bankers on presentation of our invoice. It is the Client’s responsibility to inform and instruct their bankers that the net invoice amount must equal the funds clearing into the Company bank account and that ALL bank charges are for the Client’s account.

Car/Vehicle Hire

1. These contracts (‘Car Hire contracts) are onerous & include absolute, no fault and strict liability provisions. These Car Hire contracts must be read very carefully and anything you don’t understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire contracts, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees incurred as a result of your use of said car hire services. The Company strongly recommends you check the vehicle thoroughly with a representative of the car hire service provider upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Note that the Car Hire contracts shall constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire service provider in terms of the Car Hire T&C.
2. The Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers travelled etc.
   

Air Tickets

1. These tickets are linked to contracts (‘Air Travel contracts’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and the Client MUST enquire about ALL the applicable conditions BEFORE you pay for the ticket. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee.
2. Note that the Air Travel contracts shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air Travel contracts. The Client’s right of recourse as a consequence of over-booking are prescribed by the Consumer Protection Act, 68 of 2008.
3. Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client.

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Cancellations

The client will be subject to the following penalties if they cancel the booking for any reason whatsoever:

- Regardless of the date of cancellation, the company will be entitled to retain as a forfeit by the Client, whichever is the greater of the following (which covers “agent service fee” and costs incurred up to and after time of booking):

1. The deposit that the Client paid;
2. The aggregate of the following: 1. 15% (fifteen percent) commission of the total price;

• Transaction fees;
• Administration fees;
  

- 100% of the amount paid when cancelled 75 days or less prior to travel.

- Any air ticket cancelled after confirmation (ticketing of airline reservation) will be subject to the applicable terms and conditions levied by the airline based on the fare type.

- Please note should you want to change the date of the service there could be a Tour Change Fee which will be charged dependent on the travel service booked and the date of requested change, as advised by the relevant Company supplier. A tour price difference will be included in this tour date change if the new tour date is within the new calendar year.

- The Company Service Fee covers all the consulting/planning time, administration, marketing and professional services that the agent provided leading up to and after confirming the booking for the safari experience. This amount is forfeited by the Client upon cancellation.

- Any Client joining a tour after the departure date, or not at all, or leaving before the completion of the tour for any reason whatsoever, is not entitled to any refunds whatsoever from the Company, or entitled to claim any costs for any added expenses.

- The Company reserves the right to cancel or postpone any tour at its sole and absolute discretion, without prior notification in instances where this is unavoidable.

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Passports, Travel Visas and other Travel Documents

1. Documents (vouchers, itineraries etc. where applicable) are only prepared and released on receipt of payment of quoted tour price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the details therein are correct.
2. It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g., for malaria) and the like, where required, have been obtained. Please check the requirements with the Company before travelling.
3. The Company will endeavor to assist the Client but such assistance will be at the Company’s discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of non-compliance. It is the Client’s duty to familiarize him/herself with the inherent dangers of and the Client must be in an adequate mental and/or physical condition required to participate in and complete the Proposed Travel Arrangements.
4. Please note that all visitors to South Africa and all clients who are travelling from South Africa to another country are required to have a minimum of two blank pages in their passport excluding the front and back cover, and excluding the endorsements page, to enable the entry visa to be issued. However, in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The Client must ensure that the details supplied to the Company mirror those details shown on their passport for international travel and ID documents for local travel. Non-South African passport holders may also be required to have re-entry documentation and it is entirely the Client’s responsibility to ensure that such documentation is in order before departure.
5. Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore, caution should be taken when your countries of transit or final destination issue visa on arrival. These must not be taken for granted and ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.
6. Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise the Company how far long your pregnancy is when traveling, as some service providers have restrictions.

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Abridged birth certificates for children

PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS.

BROADLY SPEAKING THE FOLLOWING IS REQUIRED WHEN A MINOR TRAVELS WITH HIS/HER PARENTS/GUARDIAN:

1. The minor must have an unabridged birth certificate.
2. In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.
3. All documents must be original or copies certified as a true copy of the original by a Commissioner of Oaths or the equivalent commissioning authority should Commissioners of Oaths not be a practice in the country concerned.
4. All documents not in English should be accompanied by a sworn translation issued by the competent authority in the country concerned.
5. Non-South African passport holders may also be required to have re-entry documentation and it is entirely the Client’s duty to ensure that such documentation is in order before departure

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Luggage

1. All luggage and personal effects are at all times the Client’s responsibility and the Company does not accept any liability for any loss or damage of any personal effects, howsoever arising.
2. On overland trips clients are entitled to one bag of not more than 20 kg and a daypack. Should the client require a larger luggage allowance, this can be arranged at the discretion of the Company and on payment of a fee that the company may levy. The Company retains the right to refuse excess luggage.

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Risk

1. The client accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither the Company nor any of its agents shall be held liable in any way for any injury, loss of life or damage to property, howsoever caused and the client hereby indemnifies and holds the company, its agents, assigns and servants harmless from any such claim.
2. The client accepts full responsibility for all risks involved.
3. You indemnify the Company and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
4. The Client, his/her heirs, dependents, agents, executors or their assignees hereby irrevocably waive any claims which they may have against the Company for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
5. The Company acts solely in the capacity of an agent for third parties and as such the Company holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/ dissatisfaction caused by third party products and services. The Company shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect the Company to have discovered the product failure having regard to the Company role in arranging access to the third-party products and services on behalf of the Client.

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Health

1. The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that they are medically fit to embark on the tour. We suggest that you contact your local general practitioner for health information on the visiting country.
2. We do, however, require a medical certificate or doctor’s letter in respect of all clients over age 65 participating in an overland tour, confirming that they are medically fit to undertake the adventure.

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Insurance

1. All clients need to take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment. Travel insurance is compulsory for every tour and will need to provide proof before commencing your trip. We strongly recommend “Cancel for any reason insurance”.
2. It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list).
3. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
4. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company 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. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.
5. Please note that various credit card companies offer limited levels of travel insurance, which the Company 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.

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Authority on tour

1. The decisions of the operators guide or driver on tour shall at all times be final and binding, i.e., due to weather and road conditions, safety precautions, etc.
2. The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.
3. Should the client be in any contravention of the above or the client is a nuisance to the group the driver/guide may order the client to leave the tour without any claim to a refund. The client shall be obliged to make their way home at their own expense.

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Marketing

The Company reserves the right to use any photographs and videos taken during tours for use in marketing or any other advertising material and the client hereby gives consent of such photographs to be used and for the company to retain copyright over such photographs to be used and for the Company to retain copyright over such material.

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Agreement

Upon receipt of the proposal compiled by the Company, the Client shall indicate their acceptance thereof by return mail, at which point a binding agreement shall exist between the Client and the Company. Further, the Company acts herein as an agent for our respective business partners and suppliers and therefore any agreement resulting from the acceptance of a proposal is deemed to be an agreement between the relevant business partner or service provider and yourself.

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Cancellations, Postponements & unforeseen circumstances

1. The Company and / or its service providers engaged by the Company on your behalf may have to cancel, postpone or make material changes/unscheduled extensions to your booking /itinerary due to Force Majeure, in which event the following will apply.
2. Unforeseen circumstances and including but not limited to war, mechanical breakdowns, electricity grid failure / interruptions, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.

The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements:

1. Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, floods, earthquakes, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, lightning strikes and other natural disasters;
2. Industrial action such as strikes and lockouts, whether of a political nature or not;
3. War, sabotage, terrorism, civil commotion, insurrection and any steps taken by the country’s government in this regard;
4. Epidemic, pandemic or the outbreak any other life and/or health threatening diseases or events such the spillage of dangerous contaminants;
5. Any other event that is due to an irresistible force, unavoidable and external accident;
6. Breakdown of public services and amenities, and in particular electricity grid failure/interruptions;
7. National and/or regional border closures and international and/or regional travel restrictions; or
8. The geographic location, origin and/or epicenter of the Event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties.

Qualifying requirements:

• The parties agree that the above prima facie force majeure events (‘the Event’) will only qualify as such if the following conditions are met:
• The party invoking force majeure (‘the Force Majeure Party / FMP’) must immediately advise the other party (‘the Force Majeure Recipient / FMR’) in writing.
• The Event must not be due to the fault, negligence or breach of contract on the part of the FMP.
• The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible
• The FMP uses and has used due diligence and its best endeavors to overcome and/or remove the Event
• The FMP must mitigate its own damages
• The FMP must take all reasonable steps to avoid non-performance
• The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent

Remedies:

1. If the parties are in disagreement about the qualifying requirements, the parties will resort to alternative dispute resolution (‘ADR’) as provided for in the agreement
2. If they are in disagreement but do not wish to resort to ADR or if any one or more of the qualifying criteria are not met, the FMP will have the option to agree a postponement with the FMR and the contract will be performed at the postponed date or the FMP can cancel the contract and the cancellation provisions will apply.
3. If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavors to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavors to reimburse the FMP monies received from it and paid to third party service providers which it manages to recover less irrecoverable disbursements and a reasonable management and service fees.

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CONTACT

For more information about our policies or if you have questions, please contact us by e-mail at info@nziratravel.com or by mail using the details provided below:

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Nzira Travel Pty Ltd

3 Sauvignon Crescent

Paarl, 7620

Western Cape

South Africa

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Last updated: 31 January 2024