1. Interpretations, in these standard terms and conditions of contract
a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
b. unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
c. ?Siyabona? means Siyabona Africa Travel (Pty) Ltd, registered in South Africa under registration number 2004 / 032167 / 07
d. ?the client? means the person / s named on the reservation form (whether it be a provisional or confirmed reservation form) and who contracts with Siyabona on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to Siyabona for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
e. ?services? means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa. Such services include, but shall not be limited to the procurement by Siyabona, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers? and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
2. Prices & Validity
Prices quoted are on generally twin share basis and based on costs and exchange rates applicable when published. Siyabona Africa reserves the right to adjust prices whether or not you have made full payment, but the price you book at is the price you would pay. We generally only amend prices in the event of material fluctuations in exchange rates and other operating costs on which prices are based.
The following terms and conditions ("Terms and Conditions") are the standard terms and conditions in respect of which Siyabona Africa Travel (Pty) Ltd. ("Siyabona Africa ") provides tour operator and related services. All holidays and tours arranged, and services provided by Siyabona Africa will be subject to these Terms and Conditions unless otherwise agreed in writing. This contract may only be varied in writing by a duly authorized officer or director of Siyabona Africa.
All persons (natural and juristic) making a booking with Siyabona Africa in respect of any of the holidays or tours arranged by Siyabona Africa ("Travel Organizers") warrant that:
1. they have read, understood and accepted these terms and conditions;
2. they have the necessary authority to make such booking on behalf of each individual named by them in such booking as intending to participate in any of the holidays or tours arranged by Siyabona Africa ("Traveller"); and
3. Each Traveler has read, understood and accepted these Terms and Conditions and the details contained in the itinerary (as may be amended from time to time) prior to the date on which such booking is submitted to Siyabona Africa.
In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Siyabona acts as agent only for and on behalf of the client in procuring the services. As such, Siyabona shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Siyabona shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
However not withstanding Siyabona acting as an agent, it shall be entitled to the benefit of any discounts, commissions or rebates (the benefits) from its suppliers or service providers, and the traveler or client who Siyabona acts as agent for hereby agrees and consents to Siyabona having the sole right to such benefits.
4. Quotations, payments & Currency Fluctuations
4.1 All quotations given by Siyabona in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Siyabona, shall be in the currency of South African Rand. Such quotations shall be inclusive of South African value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Siyabona reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and transportation and other third party suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of Siyabona for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on Siyabona and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to Siyabona shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Siyabona by way of cash, direct transfer, forex transfer or by credit card. The client shall provide Siyabona forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
4.4 All payments due by a client to Siyabona shall be made no later than 3 working days after confirmation of a booking by a client.
4.5 Although Siyabona strives to ensure that all rates displayed on sites are correct and accurate, Siyabona reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Siyabona, on demand.
5. Items not included in the booking
Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the a foregoing, the costs of insurances as referred to in clause 10 below, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, emergency evacuation, gratuities and beverages, optional meals and any optional excursion not reflected on the booking reservation. Furthermore, all costs with regard to any complying with any special requirements, as outlined in paragraph 6.2 below, shall be borne by the client.
6. Booking Procedure
6.1 In order to secure a provisional reservation for the services required by a client, the client shall complete in writing and dispatch to Siyabona a provisional booking reservation form. Simultaneously, the client shall pay Siyabona a non-refundable deposit of 30% (Thirty percent) of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse.
Upon receipt by Siyabona of the balance of the monies due from the client 60 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, Siyabona may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 3%, three percent of the booking, which shall be payable by the client in accordance with these standard terms and conditions.
6.2 The client shall advise Siyabona in writing on the booking reservation form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements and refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the client and payable on demand.
7. Cancellations & Refunds
7.1 Cancellations of confirmed bookings may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the client in writing to Siyabona and shall only be effective on the date of actual receipt by Siyabona. The following cancellation fees shall be applicable and shall be calculated by reference to the total booking cost (?TBC?) of the services booked for by the client.
Siyabona entitled to act as agent or principal with regard to the provision of the services. 56 days or more notice 75 percent of the TBC shall be refunded.
- 55 - 49 days notice is given 50 percent of the TBC shall be refunded
- 48 - 42 days notice is given 25 percent of the TBC shall be refunded
- 41 - 35 days or less notice given no refund of the TBC shall be made
7.2 No refunds shall however be made to clients who make bookings less than 35 days prior to embarkation (for this purpose, embarkation shall mean the date on which a client is booked to commence travel or to commence an excursion for which the services are booked whichever is the greater), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In the event of a client terminating a booking for whatever reason, no refund shall be made unless with the prior written approval of a director of Siyabona.
Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
7.3 Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:
Refunds to credit cards: the relevant cancellation fee, less a 6 percent credit card surcharge and an administrative charge.
Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Siyabona?s bankers, less an administrative charge.
Forex transfers: the relevant cancellation fee, less actual bank charges debited by Siyabona?s bankers, less an administrative charge.
Cash payments: the relevant administration charges, less actual bank charges debited by Siyabona?s bankers, less an administrative charge.
8. Right of Retention
Until such time as Siyabona has received payment in full for the services as set out in the confirmed booking reservation, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and transportation (all of which hereinafter referred to as ?the documents? ) will not be issued or handed over to the client. The provisions of this clause shall entitle Siyabona so as to give it a right of retention or lien in respect of the documents.
9. Health, Age, Fitness & Participation
It is the traveller?s responsibility to ensure that all precautions are taken and medical advice has been sought prior to departure. Malaria is a fact of life in certain parts of Africa. It is essential that in discussions with your medical practitioners that you mention where you will be travelling to. Some countries also require a certificate of vaccination against certain diseases. More information can be obtained from embassies and advisors of infectious diseases.
Travellers undertake that they have:
- 1. made themselves aware of and accept the potential hazards related to travel, including injury, disease, loss or damage to property, inconvenience and discomfort; and
- 2. satisfied themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour.
Unless otherwise agreed by Siyabona Africa as a courtesy to other travellers- no unaccompanied minors (less than 16 years of age) may participate in any group scheduled tours that are not specifically designated family tours. Minors aged between 4-15 years may accompany their parents on scheduled tours designated as family adventures, city breaks or villa holidays, and teenagers of 16 years or older may be allowed to join group tours provided they are accompanied by a parent or guardian who accepts full responsibility for them. The minimum age for children on family adventures is 4 years old and family volunteer tours, 10 years.
A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided unless otherwise agreed in writing by Siyabona.
Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking.
Certain accommodation establishments refuse permission to children under the age of 12 years, such as certain private game lodges. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier.
Suppliers, which allow children under 12, may have restrictions regarding activities, in which children may partake. This is at the discretion of the supplier and needs to be confirmed with Siyabona at the time of booking. Siyabona cannot be held liable for any changes to the suppliers? child policy.
10. Illness or Disability
Any Traveler suffering from an illness or disability or undergoing treatment for any physical or medical condition shall declare the true nature of such condition at the time of booking to Siyabona Africa and shall make arrangements for the provision of any medication or other treatment which may be required during the holiday.
Failure to make such disclosure will constitute a breach of these booking conditions and may result in the Traveler being excluded from the tour in which case all monies paid will be forfeited. Travellers affected by any condition, medical or otherwise, that might affect their or other people?s enjoyment of the holiday, must advise Siyabona Africa at the time of booking.
It is the client?s responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which he is booked attend at his medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Siyabona does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit to travel. Siyabona and its representatives will treat all information in the strictest confidence. Health Warnings: Malaria and Yellow Fever, Health Issues: 'Own Medication Responsibilities, Insurances, Emergency Medical Evacuation Insurance, are all extensively detailed on all Siyabona Africa Travel web sites.
11. Guiding Services, Authority of the Tour Leader and Traveller Behavior
On an adventure holiday, it is necessary that Travellers abide by the authority of the tour leader and or, guide appointed by Siyabona Africa. If a Traveler commits any illegal act when on the holiday or if in the reasonable opinion of the leader behaves in a manner that causes or is likely to cause danger, distress or annoyance to other Travellers on the Tour, Siyabona Africa may terminate such Traveler?s travel arrangements without any liability on Siyabona Africa?s part.
12. Accommodation, Itineraries & Trip Notes
A general indication is provided in Siyabona Africa?s website and published information of the itinerary for each holiday, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. For most holidays Siyabona Africa publishes detailed Trip Dossiers which contain the up-to-date definitive information about the holiday, and which will be sent on request or can be downloaded from our website. The information and conditions relating to a holiday (and extensions/options where applicable) contained in the Trip Dossiers will be deemed to be part of the contract, and Travellers should therefore read them carefully. Should there be a discrepancy between the information on the website and the Trip Dossier, the information in the Trip Dossier supersedes that in the website and will be considered the most up-to-date and accurate. Trip Dossiers may change from time to time and it is Travelers? responsibility to ensure that they obtain the most recent version of the dossier before travel.
Any information or advice provided by Siyabona Africa on matters such as accommodation descriptions, permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without liability on the part of Siyabona Africa. It is the responsibility of Travellers to ensure that they have all the necessary travel documentation required for the holiday. We cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.
13. Changes to Itineraries
The whole philosophy of Siyabona Africa tours and this type of travel is one which allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as a guideline of what each group should accomplish, and not as a contractual obligation on the part of Siyabona Africa. Driving distances and travel times given are approximate, and will depend on circumstances such as road conditions, departure time, specific transport utilized and other circumstances.
We constantly strive to improve our tours and itineraries. If such improvements can be made or unforeseen circumstances force a change, we reserve the right to change itineraries and to substitute accommodation. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. It is a fundamental condition of joining any Siyabona Africa holiday that Travellers accept this flexibility, and acknowledges that delays, alterations, and their results, such as inconvenience, discomfort, or disappointment, are possible. When changes in an itinerary are required Siyabona Africa will endeavor to provide suitable alternative arrangements which may involve additional expense. If it is not possible for Siyabona Africa to make suitable alternative arrangements, Siyabona Africa shall refund Travellers on a pro-rata basis for Siyabona Africa services not utilized. For third party services not utilized, Siyabona Africa shall refund Travellers on a pro-rata basis to the extent that Siyabona Africa ?s is able to recover such funds from third party service providers.
Where Travellers choose not to partake in the alternative arrangements offered, Siyabona Africa shall refund Travellers on a pro-rata basis for Siyabona Africa services not utilized. For third party services not utilized, Siyabona Africa shall refund Travellers on a pro-rata basis to the extent that Siyabona Africa ?s is able to recover such funds from third party service providers. Furthermore, Siyabona Africa will assist where possible in arranging transport to the end point of the tour, however Travellers may be asked to cover the costs of this transport. Should any Traveller be entitled to a refund for any reason whatsoever, no interest or costs will be due on any monies paid in relation to such a refund. No such refund shall exceed the price paid to Siyabona Africa for unutilized services. In general if Travellers choose not to participate in a part of a tour itinerary, no refund will be offered for services not utilized.
Interest on any outstanding amounts arising from these terms and conditions shall be charged at the publicly quoted basic rate of interest, compounded monthly in arrears and calculated on a 365 (three hundred and sixty five) day year irrespective of whether or not the year is a leap year, from time to time published by The Standard Bank of South Africa Limited as being its prime overdraft rate, as certified by any representative of that bank whose appointment and designation it shall not be necessary to prove.
15. Pricing Errors & Inaccuracies
If there is an obvious error on the website, in the brochures or printed material and/or on the confirmation invoice, Siyabona Africa reserves the right to correct it as soon as Siyabona Africa becomes aware of it, but it will do this within 7 days of issuing the invoice or if a Traveler?s departure is within less than 7 days, no later than 24 hours before the Traveler?s departure. If any of these changes are not acceptable then Travellers will be entitled to a full refund.
Travellers must be covered by insurance, which must include adequate cover for medical expenses and the cost of repatriation should they become too ill to continue, including helicopter rescue and air ambulance. If Travellers join the holiday without adequate insurance they may not be allowed to continue on the holiday, with no right of refund. Travellers are strongly advised to ensure that they have sufficient insurance in respect of dependent relatives. Travellers are required to carry proof of insurance with them and produce it if reasonably requested by Siyabona Africa employees or suppliers. Any claims concerning matters for which Travellers are insured must be directed to such Travelers? insurers. Passengers travelling on vehicles owned by Siyabona Africa are covered by passenger liability insurance, and by confirming that they have read and accept these terms and conditions and the Trip Dossier (as may be amended from time to time) Travellers acknowledge that Siyabona Africa has taken all reasonable steps to safeguard its liability in this respect.
17. Lost Luggage or Documents
Where traveller?s baggage or documents have been lost by a third party carrier or stolen or damaged for some other reason we cannot accept any responsibility for such loss as a result of any act or omission of such third parties. We will give every reasonable assistance in assisting to resolve such issues but reserve the right to charge a discretionary administration fee of between USD50 and USD200 for such assistance. Any additional costs we incur in resolving such issue are for the travellers account and must be settled in full before the end of your tour.
18. Contracting Parties
At any time and at our complete discretion we may nominate any other company or person to have the benefit of some or all of the provisions of this contract, which we may then specify as if you had agreed the provisions concerned directly with that company or person in the first place, as well as agreeing them with us. This is necessary in those circumstances where we make use of third party suppliers which is often normal in the course of our tours. Siyabona Africa is not a Hotelier, nor does it have its own aircraft or boats. Siyabona Africa ground handles the majority of its tours utilizing its own road transport but reserves the right to utilise transport belonging to other companies or persons at its sole discretion where need arises, for whatever reason.
19. Limitation of Liability
Siyabona Africa is indemnified and held harmless against any and all claims, losses, damages and/or costs, howsoever caused, arising directly or indirectly from these Terms and Conditions and any tours operated or organized by Siyabona Africa . Nothing in this Agreement shall operate so as to exclude or in any way limit Travelers? or Siyabona Africa ?s liability for fraud, or for death or personal injury caused by either?s negligence or any other liability that may not be excluded or limited as a matter of law. Except in instances of personal injury or death, where Siyabona Africa is found to be liable for damages in respect of its failure to carry out its obligations arising from these Terms and Conditions, the maximum amount of such damages, compensation and loss of enjoyment will be limited to three times the basic holiday price shown on the invoice. Where the damages relate to the provision of transport by air, sea or rail, or hotel accommodation, any compensation payable may be limited by the EU Charter of Passengers Rights, the Warsaw Convention as amended by the Hague Protocol (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above. Any independent arrangements that Travellers make which are not part of the holiday are entirely at their own risk. Travellers must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines? conditions of carriage, may apply to Travellers during their flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables.
Siyabona shall not be liable to the client for any claim of whatsoever: - nature in connection with the provision of the services (whether in contract or delict) and whether for damages for personal injury or to property, howsoever arising, including, but without limiting the generality of the aforesaid:-
a. any negligent act or omission or statement by Siyabona, its servants or agents;
b. any grossly negligent act or omission or statement by Siyabona, its servants or agents;
i. such claim arises from the willful misconduct of Siyabona, its servants or agents;
ii. Siyabona receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Siyabona.
Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Siyabona shall under no circumstances whatever, be liable for any indirect or consequential loss / es, howsoever caused or suffered by the client.
These terms and conditions are subject to prevailing consumer legislation.
20. Air Travel
15.1 Air transportation will be economy class unless otherwise stated. The airfare and airport tax, which are quoted, are current and are subject to change without prior warning should the airline impose an increase in rates for any reason. Should the fare quoted not be available at the time of booking the next applicable fare will be booked and amended costs advised accordingly. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Any increase in air fares shall be payable on demand by Siyabona by the client,
15.2 Siyabona cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment in routing or itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Siyabona on demand.
15.3 Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Siyabona cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
21. Use of Images, Sound and Information by Siyabona Africa
Any likeness, image or voice recording of Travellers secured or taken on any of our holidays may be used by Siyabona Africa without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet. In making the booking Travellers agree that, if necessary, Siyabona Africa may pass their contact details and numbers to any third party connected with the operation of the specific holiday on which Travellers have booked. This information will not be used for any other purpose, nor will it be passed to any other parties.
The Terms and Conditions and the Trip Dossier (as may be amended from time to time) may only be waived or amended by written mutual consent.
23. Default and Recovery
17.1 Overdue amounts due by the client to Siyabona shall bear interest at the prime rate of interest charged from time to time by Standard Bank of South Africa Limited to its first class corporate clients, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings.
17.2 A certificate by any duly authorized employee of Siyabona or by any of its members shall be prima facie proof as to the outstanding amount due and payable by the client to it in terms hereof. Such certificate may be used by Siyabona for the purposes of provisional sentence or summary judgment in any legal proceedings.
17.3 In the event of Siyabona incurring any legal costs pursuant to any breach by the client of any of its obligations, the client shall be liable for and pay Siyabona?s costs thereby incurred, on the scale as between attorney and own client.
24. Written Notifications
Siyabona Africa selects the following physical, postal and email addresses and tele-fax number for the purposes of receiving any written notice provided for or required under these terms and conditions:
Reg No: 2004/032167/07
10 Dean Street, Gardens. Cape Town. 8001. South Africa.
P.O. Box 16145 Vlaeberg 8018
Tel: +27 21 424 1037 / +27 21 422 3111 Fax: +27 21 424 1036
Marked for the attention of: "The Managing Director"
Notwithstanding the above, any notice given in writing and actually received by Siyabona Africa will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
25. Applicable Law
These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of South Africa and the courts of South Africa shall have exclusive jurisdiction over any claim arising or dispute out of these terms and conditions. Any costs awarded will be recoverable on an attorney-and-own-client scale unless the Court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client scale.
To the extent necessary The Tour Operator / the client/ the traveler submits and consents to the jurisdiction of the Cape high court Cape Town, with regard to any resolution or litigation of any of the disputes as may arise between the parties.