TERMS & CONDITIONS (ALLGEMEINE GESCHÄFTSBEDINGUNGEN)

Eine deutsche Übersetzung der englischen “Terms & Conditions” wird auf Anfrage zugesendet.

APPLICATION

The Client appoints African Moments Travel (Pty) Ltd as its agent, to act on its behalf, inter alia, to arrange travel, accommodation and excursions on its behalf, and authorises it to make bookings and enter into, alter or terminate contracts in this regard, on its behalf. All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered and/or goods supplied by or on behalf of African Moments Travel (Pty) Ltd are subject to these terms and conditions (‘the Conditions’) as well as the terms and conditions of various third-party providers of services and/or goods (i.e. airlines, tour operators, hotels, car rental, etc.) (‘Third Party Suppliers’ and ‘Third Party Supplier T&C’), who African Moments Travel (Pty) Ltd requests on the Client’s behalf to render services or provide goods to the Client. Please note, that even if the Client liaison with African Moments Travel (Pty) Ltd does not culminate in a booking, the Conditions will apply to all enquiries addressed to and/or advice, quotations or estimates provided by or discussed with African Moments Travel (Pty) Ltd.

THE CLIENT AND AUTHORITY

The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered or goods supplied, is deemed to have read, had explained (where applicable), understood and accepted the Conditions and Third Party Supplier T&C and to have the authority to do so on behalf of the person, persons or group or entity in whose name or on whose behalf the enquiry is made or advice sought or estimate or quotation or booking is requested and/or provided and/or the person to whom the services are rendered and/or the goods supplied (collectively referred to as ‘the Client(s)’).

CONFIRMATION/PAYMENT

To confirm any services booked with African Moments Travel (Pty) Ltd a 20% deposit payment (‘the Deposit’) is payable at the time of confirming your booking. The purpose of the deposit, other than payment to Third Party Suppliers, is to cover costs and disbursements incurred by African Moments Travel (Pty) Ltd and its service fees.
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 African Moments Travel (Pty) Ltd may cancel the Booking.
The balance of payment is due 8 weeks (60 days) prior to the commencement date of your itinerary.
Bookings made within 8 weeks (60 days) prior to departure are subject to full prepayment at the time of confirming the booking.

Please note:

In some cases, these Conditions may need to be adapted to specific Third-Party Suppliers terms & conditions that may differ to our own (for instance in peak season periods). African Moments Travel (Pty) Ltd will endeavour to inform its clients of these differing terms before the booking proceeds.
Flight terms may differ and are subject to the flight fare & conditions booked (see below).
Should the Client have been quoted in foreign currency and wish to settle payment by means of a credit card, the quotation will be converted to South African Rand prior to the transaction being processed, due to foreign exchange regulations by the South African Reserve Bank. The rate of exchange, on the day that the transaction is processed, will be used to determine the equivalent Rand amount with any resulting foreign exchange differences or bank charges being for the client’s account. The South African Reserve Bank prohibits South African companies from taking foreign credit card payments and keeping the payment in foreign currency. The payment thus must be converted to South African Rand before it is credited to the recipient.
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 nett invoice amount must equal the funds clearing into African Moments Travel (Pty) Ltd bank account and that ALL bank charges are for the client’s account.
Please note that African Moments Travel (Pty) Ltdreserves the right to amend the price quoted (‘the Price’), in particular if a Third Party Supplier has amended their price or if the service provided by African Moments Travel (Pty) Ltd has changed in its scope, if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date it is confirmedas correct and accepted by the Client via e-mail/online to African Moments Travel (Pty) Ltd and the Deposit is paid. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as VAT or Park Fee increases).
Note that airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by African Moments Travel (Pty) Ltd.
PLEASE NOTE: This applies especially regarding airport taxes for the entire journey. This also applies to foreign exchange currency payments as for inter alia international hotel bookings, car hire, rail bookings or any other foreign payments that need to be made as well as international bank transfer fees.
Should it be a group booking and the groupnumber deviates from the number required for the Booking, African Moments Travel (Pty) Ltd reserves the right to re-cost the Price and raise a surcharge, as required by the third-party suppliers and should the nature of the service provided by African Moments Travel (Pty) Ltd change in its scope. Should any Client refuse to accept and pay such re-pricing and/or surcharge, African Moments Travel (Pty) Ltd reserves the right to cancel the tour on the client’s~~/your~~ behalf and retain any payment made. African Moments Travel (Pty) Ltd will not be required to refund any payments made to the third-party supplier and will be entitled to retain any service fees charged and/or retain the Booking Fee earned and/or charge an administration fee.
Please note, that in some cases Third Party Suppliers may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been affected.
Please note that the Price excludes inter alia airport departure tax, any expenses of a personal nature and gratuities.

CANCELLATION

Standard Cancellation Policy:

Cancellation prior to 8 weeks of travel: Full 20 % deposit is forfeited
Cancellation 8 – 4 weeks prior to travel: 50% of total cost is forfeited
Cancellation less than 4 weeks prior to travel: 100% of total cost is forfeited

To the extent that, that these Conditions differ from specific “Third Party Suppliers” terms & conditions, the client will be bound by Third Party Suppliers” terms & conditions. African Moments Travel (Pty) Ltd will endeavour to inform our clients about these differing terms before the booking proceeds.

IMMIGRATION REQUIREMENTS (PASSPORTS, VISAS, TRAVELLING WITH MINOR CHILDREN)

Any applicable visas, costs, entry requirements and/or relevant documentation are the responsibility of the guest. The guest must please verify with the relevant consulate concerning current visa entry requirements, for each country that is visited on their itinerary.
Guests must ensure they have all necessary visas prior to departure from their home country (unless these can be obtained on arrival) and that they have prepared for all possible entry requirements, as African Moments Travel (Pty) Ltd, its staff, agents and operators cannot be held liable should entry or boarding of aircraft be denied.
In general, visitors to Africa must have a passport that is valid for at least 6 months beyond their intended departure date, together with onward travel documents, proof of accommodation and sufficient funds for the duration of their stay.
In general, specific countries within Southern Africa require at least two to three consecutive/side by side blank pages FOR EACH (RE-) ENTRY for both visas and stamps. Should the itinerary include more than one country, a sufficient number of blank visa pages (non-endorsement pages) in their passport is required. Should there be insufficient blank pages in the Client’s passport, then entry into or exit from country could be denied.
Should a guest be travelling with minor children (18 years or younger) to any destination offered to them in the journey proposal, they must familiarise themselves with the latest entry requirements with regards to travelling with minor children at their local consulate for the relevant countries being travelled to.
Certain countries do not consider travelling on holiday an emergency and will therefore not grant entry to any guest travelling on an Emergency Travel Document. Guests must ensure they have the appropriate travel documentation before departing on their journey.
The Client must ensure that the details supplied to African Moments Travel (Pty) Ltd mirror those details shown on their passport for international travel and ID documents for local travel.
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.
Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise African Moments Travel (Pty) Ltd how far your pregnancy is when traveling, as some service providers have restrictions.

INSURANCES

It is a condition of booking with African Moments Travel (Pty) Ltd that you have the correct comprehensive travel and medical insurance to cover yourself, as well as any dependants / travelling companions for the duration of your trip to Africa. This is the sole responsibility of the traveller. We will not be held responsible for any guest travelling without insurance.

African Moments Travel (Pty) Ltd and its subsidiary companies, and any person or agent acting for, through or on behalf of said companies, will not take responsibility for any costs, losses incurred or suffered by the guest, or guests’ dependents or travelling companions. This is with regards to, but not limited to, any of the below-mentioned eventualities.

Guests may be charged directly by the relevant service providers for any emergency services they may require and may find themselves in a position of being unable to access such services should they not be carrying the relevant insurance cover.

This insurance should include cover in respect of, but not limited to, the following eventualities:

COMPULSORY insurance:

It is compulsory to take out full medical, emergency evacuation, repatriation and return of mortal remains cover for the full period of time that you are travelling.

Cancellation or curtailment of trip: If for any reason you cancel your trip close to departure date, you could forfeit the entire cost. Should you have to leave prior to completion of your journey, we cannot refund you the cost of the portion of the package you do not complete. In the eventuality of this happening, insurance may cover you, depending on the reason for cancellation and curtailment. The relevant cancellation policy applies should the guest fail to join or start their safari / journey for any reason, including airline delays or missed connections. Please ensure adequate travel insurance is in place for this eventuality.

HIGHLY Recommended insurance:

Damage/theft/loss of personal luggage, money and/or goods: It is advisable to take out this insurance cover, particularly if you are carrying a substantial amount of cash or valuable items. You should always travel with these as carry-on items (when flying) and should lock them into a safe (provided there is one available) in your place of accommodation, as there is an inherent risk of items of value being lost or stolen.

Claims: If an insurance claim should arise, be sure to document as accurately as possible any accident, injury or loss for your insurance provider. Police reports and any notes from a medical practitioner will aid any claim.

Please note:

African Moments Travel (Pty) Ltd will not be responsible or liable if the Client fails to take adequate insurance cover or at all.

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.

Please note that various credit card companies offer limited levels of travel insurance, which African Moments Travel (Pty) Ltd 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.

HEALTH

It is the Client’s responsibility to:

inform themselves of the latest health / vaccination, inoculations, prophylactic (e.g. for malaria and the like) requirements of the destinations being travelled to.
consult a medical practitioner, pharmacist or travel clinic who is well versed with the prevailing conditions and requirements of the country(ies) they intend visiting before travelling to establish what precautions and/or vaccinations may be required.
to familiarise him/herself with the inherent dangers of and mental and/or physical challenges the journey may entail, and the Client must accordingly be in an adequate condition for the Proposed Travel Arrangements.

RESPONSIBILITY

Please ensure that you are aware of our booking conditions. Taking this journey with us implies your acceptance of these conditions.

African Moments Travel (Pty) Ltd acts in the capacity of agent, being the intermediary between its client and the requested travel related suppliers. African Moments facilitates the booking and payments on behalf of its client for the travel related supplies and is not responsible for the contractual relationship entered between its client and the supplier. However, in the event or an error, dispute or cancellation, African Moments in its capacity as agent will seek the best outcome between the parties concerned, according to the respective contracts entered into on behalf of the parties. However, such intervention will be without prejudice and a goodwill endeavour only. African Moments Travel (Pty) Ltd is remunerated for its services by means of a booking fee charged to its Clients for its services as per industry norms. African Moments through its marketing and services provided does not, intend to portray, act, or represent, itself as the supplier of any travel services, excursions and the like booked on behalf of the client, its duty being solely the facilitation of the provision of such services.

All tours are booked, and arrangements are made on the express condition that the Client embarks on the tour or journey entirely on their own risk. African Moments Travel (Pty) Ltd , its subsidiaries, its directors, members, partners, employees and agents (‘the Indemnified Parties’) , shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, illness, trauma, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever including any errors or omissions contained in its brochure, website or other literature. The Client indemnifies and holds harmless the Indemnified Parties accordingly and irrevocably waives any claims as aforesaid. The Indemnified Parties shall furthermore not be liable for any consequential or indirect or economic loss or damage whatsoever.

The Client agrees that he/she and any members of its tour party will, at all times, comply with African Moments Travel (Pty) Ltd ’s and Third Party Suppliers’ requirements and instructions in regard to their conduct and they will not in any way constitute a hindrance to any Third-Party Supplier, other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless African Moments Travel (Pty) Ltd against damages suffered and/or costs incurred by African Moments Travel (Pty) Ltd and/or any third party, as a result of a breach of this clause. In the event of a Third Party cancelling the Client’s booking due to the illness, or illegal or incompatible behaviour of the Client, AMT will not bear any liability to the Client and any Third-Party costs will remain those of the client.

PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries – where the countries you are travelling to issue such a cautionary and it comes to African Moments Travel (Pty) Ltd ‘s attention it will convey it and/or provide an appropriate link to you. However, it is the Client’s duty to check the destination, before they travel for any such cautionary advice, as to the state of the said destination in terms of inter alia health, security etc. as such advice can change on a short notice basis.

JURISDICTION

South African law and the jurisdiction of South African courts will govern the relationship between the Client and African Moments Travel (Pty) Ltd. African Moments Travel (Pty) Ltd 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. The parties choose their respective domicilium citandi et executandi as reflecting in the Booking Form. The Client will be liable for all legal fees of an attorney, in the event that African Moments Travel (Pty) Ltd has to take any legal steps of any nature whatsoever pertaining to the Conditions.

DISPUTE RESOLUTION

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

Firstly, the parties will meet within 5 (five) working days of the dispute arising in an attempt 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 failing to resolve the matter amicably and 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 two (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 relates 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 an application.

FORCE MAJEURE

Definition:

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 Conditions that govern the relationship between the parties, subject to the qualifying requirements:

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, storms, floods, earthquakes, earth tremors, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, subsidence, lightning strikes, fire and other natural disasters.
Industrial action such as strikes and lockouts, riots, protests and protest action, whether of a political nature or not.
War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott.
Epidemic, pandemic or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution.
Any other event that is due to an irresistible force, unavoidable and external accident.
Breakdown of public services and amenities.
National and/or regional border closures and international, national and/or regional or transport travel or transport bans or restrictions whether taken and/or implemented by the government of any country included in the client’s travel itinerary.
The geographic location, origin and/or epicentre 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 all of 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 and NOT simply difficult, burdensome or economically onerous to carry out.
The FMP uses and has used due diligence and its best commercially reasonable endeavours to overcome and/or remove and/or alleviate and/or mitigate the Event.
The FMP must mitigate its own damages.
The FMP must take all reasonable steps to avoid non-performance.
Any steps taken by any country’s government must be as a result of the Event which results in and meets any one or more of the above Qualifying Requirements.
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:

If the parties are in disagreement about the Definition or the Qualifying Requirements, the parties will apply the Dispute Resolution clause of the Conditions.
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.
If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavours to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavours to reimburse the FMP all 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 fee.

CAR & VEHICLE HIRE

These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you do not understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees. African Moments Travel (Pty) Ltd strongly recommends, that you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults, or shortcomings are noted in writing & signed for. Note, that the Car Hire T&C 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 company in terms of the Car Hire T&Cs.

Similarly, African Moments Travel (Pty) Ltd cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometres travelled etc.

DRIVER’S LICENCE

Even if you have obtained an international driver’s licence, please take your national driver’s licence with you. Some overseas car rental companies may request proof of residence such as rates and taxes account (as for FICA)

ACCOMMODATION

Note, that the accommodation T&Cs shall constitute the sole contract between the accommodation establishment and the Client and any right of recourse the Client may have, will be solely against the accommodation establishment in terms of their T&Cs. Similarly, African Moments Travel (Pty) Ltd cannot take responsibility in case of any disagreement or dispute with said accommodation establishment.

FLIGHT BOOKINGS

Scheduled flights:

Please note that in the event of flights being booked and secured by African Moments Travel (Pty) Ltd on behalf of the client, immediate payment is required by credit card, owing to the time delay of securing funds to us when paying by bank transfer. Please note, that flight bookings may/could be made through a travel agency other than African Moments Travel (Pty) Ltd.

Flights in light aircraft (scheduled or private charter)

Flights in light aircraft could be offered in a said proposal to you the client, generally to remote locations within Southern Africa.
Every effort is made to use reputable and preferred third party aircraft operators within Southern Africa in order to bring you safely to your destination. Should you require any information on their legal liability cover, as well as safe and compliant practice, please contact your African Moments Travel (Pty) Ltd consultant.
Safety is the number one priority for these light aircraft operators. Adhering to aviation regulations, means that there have to be strict measures in place to ensure weight allowances are not exceeded and that these parameters are adhered to by all our partners world-wide. Your African Moments Travel (Pty) Ltd consultant will provide details as to these restrictions in the proposal to you.

General flight Terms & Conditions:

When booking any flights (scheduled or charter) with African Moments Travel (Pty) Ltd, the following is required:

All airlines require full first names and surnames as per the passengers’ passport, in order to make a booking. It is a security procedure which will ensure there are no discrepancies.
All airlines DO NOT allow name changes – after the booking has been made, nor after the ticket has been issued.
African Moments Travel (Pty) Ltd accepts no responsibility for incorrect passport numbers or incorrect spelling of full names. Please ensure that you provide accurate information to your African Moments Travel (Pty) Ltd consultant.
Fares and taxes on flights are quoted per person and at current rates. These are subject to airline increase or rate of exchange fluctuations at any time prior to date of issue.
Airfares are subject to seat availability and rules, including discounted fares (if applicable), and pertaining to advance purchases, cancellation and amendment penalties.
NOTE: In line with airline and government regulations around the world, we are required to supply the following information before air tickets may be issued for bookings made on scheduled flights (commercial air) – passport name, passport number, date of issue, date of expiry, country of issue, date of birth, gender and nationality.
Cancellation fees & service fees will be charged if applying for a refund or re-booking of an already issued ticket.
African Moments Travel (Pty) Ltd and their partners cannot be held responsible for any re-routings, delays or cancellations imposed by the airlines. Guests should carry adequate travel insurance to cover such eventualities.
It is the guests’ responsibility to advise African Moments Travel (Pty) Ltd, should they wish or need to make any changes to the flight bookings made by African Moments Travel (Pty) Ltd on their behalf. African Moments Travel (Pty) Ltd will then advise the guest of the possible cost implications involved in making changes to the existing booking. Should the guest make changes without informing African Moments Travel (Pty) Ltd prior to making the change, the guest is responsible for the full costs thereof.
These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation and baggage provisions and the Client MUST read ALL the applicable conditions BEFORE you pay for the ticket.
The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (& e.g., opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary.
‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee Note that the Air T&C 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 T&C.
The Client’s rights of recourse as a consequence of over-booking are determined by the Consumer Protection Act, Act Number 68/2008 (‘the CPA’).
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.
Consult African Moments Travel (Pty) Ltd about refunds for unused tickets as strict deadlines apply.

E-TICKETING

The Client must be ready to show their identity document and possibly their credit card used to make payment for the Booking at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.

TAXES & 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 African Moments Travel (Pty) Ltd 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. With regards to accommodation, some countries city tax and other taxes are only payable on check out.

COACH & AIR CHARTER

Please note that the flying services and coach transfers are arranged on the Client’s behalf with independent Third-Party Suppliers. These suppliers are entirely and exclusively responsible for this portion of the itinerary. African Moments Travel (Pty) Ltd will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client’s account.

DESTINATION SELECTION

The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and updated by the Third-Party Suppliers over which African Moments Travel (Pty) Ltd has no control. Accordingly, African Moments Travel (Pty) Ltd cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Third-Party Supplier.

SPECIAL REQUESTS

Client, who has special requests, must specify such requests to African Moments Travel (Pty) Ltd in the Enquiry. Whilst African Moments Travel (Pty) Ltd will use its best endeavours to accommodate such requests, it does not guarantee that it will.

LATE BOOKING & AMENDMENT FEES

A late booking fee of R 300.00 per booking will be charged in respect of bookings and/or amendments received within 4 (four) working days prior to the departure date & for 2 (two) working days or less R400.00 per booking. This charge is levied to cover communication expenses involved. An amendment fee of R 100.00 per booking will be levied for any changes to the confirmed itinerary. These fees are subject to change.

AMENDMENTS

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of African Moments Travel (Pty) Ltd.

INTERNET BOOKINGS

If the Client requests or instructs African Moments Travel (Pty) Ltd to do bookings via the Internet, the Client irrevocably authorises African Moments Travel (Pty) Ltd to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.

TRAVEL DOCUMENTS

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the detail therein are correct BEFORE departure.

UNSCHEDULED EXTENSIONS AND/OR ITINERARY VARIATIONS

While every effort is made to keep to all published itineraries, Third Party Suppliers and/or African Moments Travel (Pty) Ltd reserve the right to make changes for the Client’s health, safety and convenience on the Client’s behalf.This may be as a result offlight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of African Moments Travel (Pty) Ltd, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc) will be for the Client’s account. This is not and must not be deemed to be a cancellation and will not entitle the Client to a refund of any nature.

CONFIRMATION OF TRAVEL ARRANGEMENTS

All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure.

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.

PHOTOGRAPHY

Whilst African Moments Travel (Pty) Ltd acknowledges the Client’s right of freedom to take photographs in general, please note that the following conditions apply to any photography during any tour and excursions with or arranged by African Moments Travel (Pty) Ltd whether during the tour or excursion or thereafter and these rules will be strictly enforced. By the same token Clients are deemed to indemnify African Moments Travel (Pty) Ltd against any consequences, claims and legal costs (on an attorney and own client scale) resulting from any breach of whatsoever nature of these conditions:

The copyright and ownership in the photograph (‘photo’) will remain vested in the person who took the photo, unless a person (‘the Subject’) asked for the photo to be taken and made an arrangement to the contrary with the photographer.
However, once the photographer has posted any material on African Moments Travel (Pty) Ltd website or any form of social media, that entitles African Moments Travel (Pty) Ltd or any third party to disseminate it
If the material is to be used commercially e.g., sold or used to launch an advertising campaign, then the written permission of the Subject is required.
African Moments Travel (Pty) Ltd supports the principle of fair use and factors that will have a bearing are the purpose (e.g. non-profit); nature of use; size e.g. thumbnail
Whilst you are entitled to take photos on individuals in public areas, many public areas e.g. shopping centres, resorts and some of the places you may visit may seem to be in the public domain but is in fact privately owned and thus subject to the rules prescribed by the owner of which you should be aware.
If the location where the photo is being taken is of such a nature that it is reasonable to presume privacy, e.g. a bathroom, then the Client may not take a photo of the Subject at all. This principle would also apply if the location is e.g. a private game lodge which focuses on upper end clients and celebrities or where the surrounds are evidently private – these persons choose such venues for reasons of privacy and even an innocent photo of a staff member posing with a celebrity may be of such a private nature that both the photographer or the staff member requesting the photo is advised to limit the usage to personal purposes and not disseminate it e.g. via social media.
Use of the photo must not be of such a nature that e.g. it misrepresents the Subject, the setting or surrounds
African Moments Travel (Pty) Ltd reserves the right to use photos of you and your party on its website and for promotional purposes. If you wish to object to such use, please advise African Moments Travel (Pty) Ltd in writing prior to arrival.

REFUNDS

No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise. Refunds by the Third-Party Suppliers will be exclusively and solely subject to their terms and conditions.

CONFIDENTIALITY & PRIVACY

Subject to statutory constraints or compliance with an order of court, African Moments Travel (Pty) Ltd undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client’s personal information and special personal information is concerned, African Moments Travel (Pty) Ltd will comply with all provisions of the applicable privacy legislation such as the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community (‘the EC’), the General Data Protection Regulations of 2018 (‘the GDPR’) as detailed in African Moments Travel (Pty) Ltd ‘s Privacy Policy which is incorporated herein by reference and which you are deemed to have read, understand and agree to be bound by.

COPYRIGHT

The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by African Moments Travel (Pty) Ltd is and shall remain the sole and exclusive property of African Moments Travel (Pty) Ltd.

The Client furthermore undertakes not to circumvent African Moments Travel (Pty) Ltd and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by African Moments Travel (Pty) Ltd with any of the Third Party Suppliers or any other service providers or venues for a period of 1 (One) year from the date of the Booking and/or the submission of any proposals, presentations, estimates quotes provided by African Moments Travel (Pty) Ltd .

CLIENT RESIDENCY/LOCATION AT TIME OF BOOKING

The Client confirms that they are not a resident of South Africa and that the services provided by African Moments Travel (Pty) Ltd are not provided to the Client while the client is in South Africa, nor are such services provided to any other person who is in South Africa at the time the services are rendered.

Should the Client be a resident of South Africa at the time the booking services are provided or rendered or be physically present in South Africa at the time such services are rendered, VAT will be charged at a rate of 15% on the booking services.

ENTIRE CONTRACT

The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made, and indemnities signed and African Moments Travel (Pty) Ltd ‘s Privacy Policy) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated or presented on behalf of African Moments Travel (Pty) Ltd or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. African Moments Travel (Pty) Ltd reserves the right to revise these conditions from time to time – each revision will be dated and posted on its website.