Payments and cancellation
a) To confirm your booking
In order to confirm your booking with Art of Safari, you need to make a 35% nonrefundable deposit for land arrangements, and 100% payment for any international and some regional air travel that has been booked for you by Art of Safari. We may require greater deposits for certain products, service or activities, or in certain seasons. Your final balance is due 60 days or more prior to travel. Where bookings are made less than 60 days prior to travel, 100% of the Total Booking Price is required. If we do not receive the payments as indicated above we will not be able to confirm your booking for you.
b) To make payment
All payments must be made either by SWIFT bank transfer, internet funds transfer or by credit card. We do not accept cash and traveller’s cheques. Failure to make a payment on or before the due date will result in your booking being cancelled and you will forfeit any nonrefundable deposit already paid.
c) Foreign currency and credit cards
Please note that should you have been quoted in foreign currency and wish to settle payment by means of a credit card, your 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 has to 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 net invoice amount must equal the funds clearing into the Art Of Safari bank account and that ALL bank charges are for the client’s account.
d) Should you cancel
All cancellations must be done in writing and you are required to show proof of written acknowledgement of receipt by Art of Safari when cancelling.
Should you cancel your booking for any reason whatsoever, Art of Safari will levy cancellation charges. For cancellations made more than 60 days prior to travel any deposit paid is nonrefundable. For cancellations made less than 60 days prior to travel, the cancellation fee is 100% of the Total Booking Price.
Although it is highly unlikely, should Art of Safari not be able to confirm the services you have requested from our supplier/s, we will offer you an alternative. Should an alternative not be available we will provide a full refund subject to the terms and conditions of the supplier/s.
Art of Safari makes every effort to avoid errors, however, should a misquote lead to a material cost implication in a booking we reserve the right to cancel such a booking without liability or penalty.
From time to time we are able to to obtain waivers of cancellation fees and/or secure ex-gratia refunds from our suppliers. We make no guarantee to securing these waivers and refunds, but were they are obtained we will pass these on to you less an Art of Safari service fee.
e) Should prices increase
All booking quotes and costings supplied by Art of Safari are based on the costs levied to us by our suppliers, changes to which are outside of the control of Art of Safari. These supplier costs are therefore subject to change, and should there be such a cost increase, you agree that this increase will be for your account and payable to Art of Safari. Such increases in price may include, but are not limited to; airline fuel levies and airport taxes; land transport fuel levies and taxes; governments, national bodies and private organisations who may levy additional fees or taxes without prior notice.
f) Should changes need to be made to your booking
In the unlikely event that, for reasons beyond our control, an involuntary change needs to be made to your booking, Art of Safari undertakes to provide a reasonable alternative. This will be done at no additional cost but subject to the terms and conditions of the relevant supplier. Should a reasonable alternative not be available or should you reject the reasonable alternative, Art of Safari will refund you the monies arising from the involuntary changes subject to the terms and conditions of the relevant supplier.
If you would like to make voluntary changes to your booking, Art of Safari will do it’s best to accommodate you but we reserve the right to charge cancellation fees as well as charge any additional costs arising from the voluntary change to your booking.
g) When booking special offers
Special offers, discounts and other travel deals that are marketed on the Art of Safari website or which are quoted to you in a booking are accompanied by special terms and conditions that are specified by the relevant supplier/s. Art of Safari will make every effort to ensure you are aware of these terms and conditions however it is your responsibility to ensure that you obtain the terms and conditions for these offers as you will be bound by them.
International travel
a) When booking flights
All airline bookings that are made by Art of Safari on your behalf require payment by credit card in order to secure a quoted airfare. Airfares are only guaranteed once full payment has been received and the tickets have been issued, whereafter Art of Safari will provide you with an e-ticket number as part of your itinerary. Airlines require the the full names of passengers as stated on their passports and and will not accept changes once tickets have been issued. It is your responsibility to provide the correct names and passport details and Art of Safari accepts no responsibility for incorrect details provided by you. Any changes, cancellations or refunds will be subject to the terms and conditions of the relevant airline and Art of Safari will not be liable for any costs arising from any changes or cancellations.
b) Buying your travel insurance
It is a condition of travel that all travellers take out out adequate travel insurance to cover the financial implications of Art of Safari’s terms & conditions. Travel insurance will help protect you and your travel investment against the unexpected, and can include protection for Trip Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay, and more.
We strongly suggest that travellers take out ‘Cancel for Any reason’ insurance to protect against almost any circumstance that may arise.
Should you fail to purchase adequate insurance cover, you agree not to hold Art of Safari responsible for any harm or loss that you may suffer.
c) Your travel documents and medical requirements
You acknowledge that you are fully responsible for all travel and medical documentation necessary for the countries you intend visiting or transiting. This includes passports, visas, permits and inoculation / immunisation certificates; and when travelling with minor children, any and all letters of consent and /or documents that may be required. You also agree that you are responsible for ensuring that your passports have a minimum of 2 adjacent blank pages and are valid for the full period of your transit or visit, per country to be visited or transited.
You acknowledge that it is your responsibility to ensure that you are medically fit to travel.
d) Your travel bags
You acknowledge that your baggage and personal belongings are your responsibility and that you will not hold Art of Safari responsible for any loss or damage to your baggage or personal effects. Airlines and charter companies in Africa have very specific baggage requirements; particularly where light aircraft flights are part of your itinerary there will be weight, structure and shape limitations placed on the baggage. Art of Safari are able to advise on the requirements, but it is your responsibility to ensure you meet the regulations of the airlines you will be using in your booking. If you fail to adhere to the required regulations your baggage may be delayed or additional costs may be charged to you.
Your Safari
Wildlife viewing in Africa may vary significantly due to numerous factors including wildlife movements and behaviour, climatic conditions, human interference, species biodiversity and density in the various locations during your visit. Art of Safari works very hard to provide an outstanding wildlife experience but we cannot guarantee the quantity, density or diversity of wildlife species on any particular day, in any particular location, at any particular time.
Art of Safari reserves the right to cancel a safari whilst clients are travelling should the clients engage in or display inappropriate behaviour. This includes but is not limited to any form of racism, sexism or hate speech, the use or distribution of illegal narcotics, or any other abusive or reckless behaviour towards other travellers or staff of the safari operators, lodges and hotels the clients are visiting. Such cancellations will be done without refund (monetary other otherwise) to the client, or action by the client against Art of Safari.
Legal
a) Liability and Indemnity
Art of Safari acts solely in the capacity of an agent for third parties and as such Art of Safari holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/dissatisfaction caused by third-party products and services. Art of Safari shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect Art of Safari to have discovered the product failure having regard to Art of Safari’s role in arranging access to the third party products and services on behalf of the Client.
Participation in any tour or travel package arranged by Art of Safari and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.
You indemnify Art of Safari and its directors, employees, assignees and/or agents against any claim arising for any damages or loss that might be instituted against it arising from or in connection with the services contemplated in these Terms and Conditions.
The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims that they may have against Art of Safari for any form of compensation for damages that they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
b) Keeping your information safe and communicating with you
Art of Safari undertakes to follow all reasonable and necessary steps towards keeping your personal information safe and secure. In order to to communicate with you and provide you with access to secure parts of the Art of Safari website, you authorise Art of Safari to electronically record and store the following information:
- Your full name and surnames;
- Your email address;
- Your IP address;
- Your contact telephone numbers;
- Your user selected username and password;
- Your profile information; and
- Your travel information.
c) General
These Terms and Conditions, together with the booking and confirmation information, contain all the terms and conditions of the agreement between you and Art of Safari. Make sure that everything you have agreed to has been recorded in this Agreement. This Agreement shall be governed by the laws of the Republic of South Africa and shall be enforced by the courts within the Republic of South Africa. You consent to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved may exceed the jurisdiction of the Magistrate’s Court. If Art of Safari has to bring legal proceedings against you to enforce payments of amounts owed to it, you shall be responsible to pay all costs Art of Safari incurs in collecting the payment. You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement. If Art of Safari is prevented from carrying out all or any of its obligations under this Agreement because of an event beyond its control, Art of Safari shall be relieved of its obligations under the Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any such obligations or loss or damages which you may suffer due to such delay or failure. If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the remaining provisions, without affecting the remainder of the agreement. Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them. No amendment, addition or consensual cancellation of this Agreement will be binding unless it is recorded in writing. If there is any conflict between the provisions of these documents, the provisions of the booking information will prevail.
d) Notices
- The Parties choose the following physical addresses at which documents in legal proceedings in connection with this Agreement may be served (i.e. their domicilia citandi et executandi) and at which any written notice in connection with this Agreement may be addressed:
- Art of Safari
(1) P.O. Box 26288, Hout Bay, Cape Town, 7872, South Africa - You:
(2) The address provided by you. - Either of the parties may change this address to another address, by way of a notice to the other party to this Agreement, provided that such a notice is received at least 7 days prior to such a change taking effect.