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.