Terms and Conditions of Explendor Tour
· The terms and conditions contained in this document shall apply to the tour booking concluded between the company and the undersigned client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
· All reference in these terms and conditions to “Client” shall include reference to an agent of the client, with such changes as the context may require.
Applicable Law and Jurisdiction
· These terms and conditions shall be deemed to have been concluded in Polokwane, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
· The client consents to the jurisdiction of the Magistrates of Polokwane in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that Nomad at its instance will have the discretion to sue in the High Court if it deems it is appropriate.
· The Company reserves the right not to confirm the booking until the full amount set out in the received by the client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
· Any amendment to or cancellation of the booking shall be subject to these terms and conditions
· Please note that for single clients, the Single Supplement is compulsory on all accommodated tours.
Tour Price and Payment
· While Explendor has utilized its best endeavors to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Explendor reasonable control, in which event Explendor shall utilize its best efforts to notify clients of such change as soon as possible.
· The tour price and Activity package includes only those services/items that are included as per the itinerary and the tour dossier, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third-party service provider or to the Company for settlement with a third-party service provider.
· The company records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a particular country and, accordingly, the company has no control over increases in such prices/Changes/tariffs, including where such increases are implemented during the tour. The company accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increase and or fluctuations.
· The tour price must be paid not later than 30 days prior to the departure date for the tour, failing which the Company reserves the right to deem the booking as having been canceled and to levy the cancellation penalties set out in these terms and conditions.
· In the event that the client makes a booking within 30 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full price upfront.
Deposit and Invoicing
· A booking is considered confirmed when Explendor tours send written confirmation to the agent confirming the booking invoices are issued on the booking confirmation, 50% payment is required to confirm your booking. Full payment is due 30 days prior to the departure date.
· If a booking is made within 60 days of the tour departure date,50% payment is required on booking. If the booking is made within 30 days of the tour departure date, 100% payment is required on booking. Non-payment of stipulated percentage at the time of confirmation, within 60 days of tour departure date, will result in the cancellation policy being applied.
· Once a Tour Operating Agent confirms a booking they are fully responsible for the entire payment to Explendor Tour.
Cost of Making changes to the holiday
The tour operating agent should be aware that if a client wishes to transfer from one tour to another, outside the 60-days prior to departure period, no fees apply.
· Changing the date of a tour, within 60 days of departure, is subject to a fee of 15% of the tour price or ZAR 2, 000 whichever is the higher of the two.
· In the event that the client joins the tour after the departure date or leaves before the completion thereof for any reason whatsoever, the client shall not entitle to any refunds or debates whatsoever from the Explendor tours.
· Cancellation of Private Groups: Please refer to the cancellation conditions on the individual quotation contract.
· Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledge by Explendor tours.
· No cancellation fee is applicable to tours canceled more than 60 days before the date of departure.
· Should a client cancel a booking 60 day or less prior the date of the departure of the tour for any reason (except due to death or hospitalization), the client shall be liable to pay a cancellation penalty? The can cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure.
§ > 60 Days: No fee applies
§ 30 – 60 Days: 50% of the tour price is held as a cancellation
§ 10 – 29 Days: 75% of the tour price
§ 0 - 9 Days: 90% of the tour price is held as a cancellation
· All cancellations need to be made in writing and confirmed by the Reservations team by email. The above-mentioned cancellation fees are applicable to any pre-booked or pre-paid Activity Packages which will also be charged if a tour is canceled.
· The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the company shall refund the tour price to the client. It is recorded that refund of the tour price as aforesaid shall be the company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the company by reason of a cancellation of the tour.
· The client acknowledged that the tour is subject to a minimum booking of
· 2 passengers (including the client). If the minimum booking is not obtained, the company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against Explendor tours.
· 8 Years: No children under 8 years of age may travel on Explendor scheduled tours.
· 8 – 12 Years: Children between the ages of 8 – 12 will be accepted to travel with Explendor on a request basis only.
· 8 – 16 Years: Any travel between the ages of 8 – 16 must be accompanied by a parent unless specific authorization had been obtained from Explendor tours
· Children under the age of 12 are not permitted to enter the Delta.
· 3 – 15 Years: Explendor will accept a maximum of 2 children between the ages of 13 – 15 years on any tour without requesting permission from agents or travelers. If more children want to join a tour once the maximum has been reached, this will be allowed on a requested basis only.
· 17 – 18 Years: Guests of this age may travel with us with a letter of permission from their guardian – they do not require a parent to travel with them.
· 65 + Years: Guests 65 and older will be required to complete a medical questionnaire and return to us before we will be able to confirm their participation in the tour.
· On a Request Basis” Means that we put this request out to the other guests (or their agents) on tour and everyone has 48 hours to respond. If there is no response or a positive response, the kids are welcome to travel. If, however, there is a negative response, we will have to find an alternative tour or departure date.
Due to our alcohol laws in South Africa – NO Children under the age of 18 are permitted to partake in activities involving wins tasting.
Age Restricted Activities:
· Children under the age of 12 years are not permitted in the Serengeti
· The minimum required age for children to participate in any activity offered in Namibia, Botswana, and Zimbabwe is 12 years of age.
· No children under the age of 12 - Full day Kruger Park 4 x 4, Morning game walk, Sunset Game drive, and boat cruises.
When requesting that a child joins a tour, please ensure that you provide us with as much information as possible about the suitability of the child for the tour. This will vastly improve the chances of the child being accepted by the other guests on the tour.
Passports, Visas and Other Travel Papers
· It is the client’s sole responsibility to ensure that passports, visas, health certificate, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
· The company shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.
· Comprehensive travel and cancellation insurance is mandatory on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
· Should the client be unable to present proof of such insurance to the company (on request therefor by the company), the company may, in its sole discretion, exclude the client form the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
· The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation and that the company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
· The client shall be responsible for all baggage and personal effects brought by him of her on the tour, and the company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
· The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require a larger baggage allowance, this may be arranged with the company against payment of a fee that the company may levy in its sole discretion, Notwithstanding the foregoing, the company reserves the right to refuse excess baggage.
· The client accepts that to participate in the requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
· Passengers over the ages of 60 take responsibility that they are fit enough to travel and may be asked to leave the tour if they are hindering the progress of the tour.
Authority on tour
· The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
· In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behavior during the tour shall not be tolerated and that the company, its employees, representative’s, agents and or contractors being so authorized, reserve the right to exclude the client form the tour at any point therein in such circumstances.
· The Company shall not be liable for any costs and or expenses for the client resulting from exclusion as aforesaid and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
· The company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the Client hereby consents to such use. The client further agrees that the company shall retain copyright over any such photographs and videos taken during the tour and or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and or videos to the company.
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
Indemnification and Exclusion of Liability
· The client accepts that the tour is of an adventurous nature and involves an element of personal risk
· The company and its respective directors, officers, employees, representative’s and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer a result of or arising from the clients participating in the tour and any other activities are undertaken on or during the tour, and the client irrevocably and forever releases and discharges the company and its respective directors, officers, employees, representatives, and agents from any and all such liability.
· The client furthermore indemnifies and holds the company and its respective directors, officers, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person may incur or suffer as a result of or arising from the clients participating in the tour and any other activities are undertaken on or during the tour.
The supplier has a strong commitment to providing excellent service to all our customers and visitors of this Website, including respecting concerns about privacy. The Supplier will explicitly ask when we need information that personally identifies you or allows us to contact you (personal information). Generally, this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate of misrepresenting any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which the supplier will use your personal information are as follows:
· To transact with you via the website or email regarding reservations
· To provide services to you via our website
· To inform you of new features services
· Special offers and products (provided you have consented to receive such marketing material)
· To enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information
· To improve your experience on our website
The supplier shall be entitled to disclose personal information if required to do so
· To comply with applicable law or with legal process served on the supplier
· To protect and defend the rights or property of the supplier
· For the purposes of distributing same to various employees and or third parties who assist the supplier in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you.
· We will ensure that all such employees and or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
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