Terms and Conditions
BOOKING TERMS AND CONDITIONS
African Ubuntu Safaris offers consulting and booking services by acting as an agent between the supplier of travel services and products on your behalf.
Below are the terms and conditions applicable to your transactions with us.
DEFINITIONS AND INTERPRETATION
In this agreement the following words will have the meanings referred to below, unless the context clearly indicates otherwise:-
a) “the Agreement” means the Itinerary Confirmation (defined below) and these Terms and Conditions;
b) "the Itinerary Confirmation " means the document sent to you by African Ubuntu Safaris confirming the final itinerary and holiday which you wish to purchase;
c) “You / Your” means the person named on the confirmation itinerary and all other travellers travelling on the confirmed itinerary;
d) "the Client” means you and any members travelling on the confirmed itinerary;
e) “African Ubuntu Safaris” means African Ubuntu (Pty) Ltd, ACN: 153603322, Travel agents license: 2TA09360, Physical Address: Shop 3, 2 Crowther Avenue, Greenwich, NSW 2065, Australia
f) “Day” means a calendar day;
g) “Commencement Date” means the date on which you commence your travels as indicated in the Itinerary Confirmation (day 01);
h) “Deposit” means the monies payable by you to African Ubuntu Safaris to secure your booking;
i) “Parties” means both you and African Ubuntu Safaris
j) “Supplier” means a third party who supplies you with services on behalf of African Ubuntu Safaris
k) “Total Confirmed Price” means the total cost of services rendered to you on behalf of African Ubuntu Safaris or by African Ubuntu Safaris, as indicated in the Quotation and Itinerary Confirmation;
l) “Quotation” means the document sent to you by African Ubuntu Safaris marked quotation and indicating the prices of the travel products and services that you wish to purchase;
m) “Unscheduled Extension” means an extension to a booking caused by things like flight delay, flight cancellation, scheduled airline failure, bad weather, airport or airline strikes or any other cause which is beyond the control of African Ubuntu Safaris
n) “in Writing” means a letter sent by hand, by post, by courier, by fax or via electronic mail;
o) Expressions in the singular also include the plural, and vice versa;
p) Pronouns of any gender include the other gender
PART A: YOUR DEALINGS WITH AFRICAN UBUNTU SAFARIS IN ARRANGING AND CONFIRMING YOUR TRAVEL ITINERARY
1. CONFIRMING YOUR BOOKING
1.1 In order to confirm your booking, the following payments are due by you to African Ubuntu Safaris:-
1.1.1 30% Non –refundable deposit at time of booking, excepting air travel and gorilla permits, which require 100% payment upon booking in order for tickets to be issued (prices and availability of flights and permits are not guaranteed until tickets are issued)
1.1.2 Final balance 60 days prior to commencement date;
1.1.3 100% of the Total Confirmed Price for bookings made less than 60 days prior to commencement date,
1.1.4 Greater deposits or different payment terms may be required in instances of specialist product and / or peak season travel. If this is the case then you will be notified of this from the quotation stage.
1.1.5 If the above payments are not received as indicated, African Ubuntu Safaris will be unable to process the booking for you, and this could affect the availability of travel services.
1.1.6 While provisional bookings will be held where possible, where provisional bookings are not being held, availability of the accommodation / activities / tours will only be guaranteed upon receipt of the deposit and receipt of confirmation from the supplier.
2. PRICES AND PAYMENT AND FOREIGN EXCHANGE RATES
2.1 You will be liable for the Total Confirmed Price, less any payments made by you plus any additional charges due to booking changes that may be charged as explained in clause 4 of this Agreement.
2.2 All payments must be made by credit card (credit card surcharges will apply), internet transfer (electronic funds transfer) or telegraphic transfer (SWIFT). Travellers cheques are not accepted. Payments will only be accepted as being received once they have cleared into African Ubuntu Safaris’ bank account
2.3 If necessary payments are not made on or before the due date, your booking may be cancelled and you will forfeit the relevant deposit paid in terms of clause 1.1 above.
2.4 In the majority of bookings, African Ubuntu Safaris will invoice you in the same currency as we are being charged in by the supplier or operator in Africa. Payment can be made to us in Australian Dollars at the current exchange rate at the time of payment becoming due and will be confirmed to you by African Ubuntu Safaris. Our exchange rates used are based on www.xe.com, and are 2% lower than the mid-market rate which is shown there (i.e. if the exchange rate shown on www.xe.com is US$1.025 : A$1, the rate we will transact at is US$1.0045 : A$1 (1.025 x 0.98). Where invoices are issued in Australian Dollars, then that Australian Dollar amount is fixed as per the invoice amount.
3. PRICE INCREASE
3.1 All Quotation and Itinerary Confirmation documents generated by African Ubuntu Safaris are based upon external costs outside of the control of African Ubuntu Safaris such as air fares, airport taxes, fuel surcharges, accommodation costs and land costs including but not limited to car hire, park fees and gate fees. These third party costs (excluding African Ubuntu Safaris’ fees for its Services) are therefore subject to change until final payment has been received or in the instance of air travel until air tickets have been issued.
3.2 You agree that should any such costs increase, such an increase will be for your account and shall be payable to African Ubuntu Safaris or as otherwise instructed by African Ubuntu Safaris.
3.3 You also acknowledge that:
3.3.1 airlines reserve the right to levy additional or increased airport taxes and fuel charges - without notice – at any stage prior to flight and agree that should any such costs increased as a result of an increase effected by the airline, such an increase will be for the Client’s account and shall be payable to African Ubuntu Safaris or as otherwise instructed by the airlines;
3.3.2 Governments, concession owners and similar reserve the right to levy additional or increased park fees -without notice - at any stage prior to arrival and agree that should any such costs increased as a result of an increase effected by a Governments, concession owners and similar, such an increase will be for the Client’s account and shall be payable to African Ubuntu Safaris or as otherwise instructed by the Governments, concession owners and similar.
4. CHANGES TO BOOKINGS
4.1 All expenses flowing from an Unscheduled Extension will be for your account.
4.2 Should you wish to make an amendment to your itinerary African Ubuntu Safaris will try to accommodate you. However African Ubuntu Safaris reserves the right to charge the applicable cancellation fees referred to in clause 7.3 as well as any other costs which may be directly associated with this amendment.
5. CURRENT SPECIALS
All Travel Deals and Discounted Rates advertised on the African Ubuntu Safaris website or quoted in the Quotation have separate terms and conditions prescribed by the Supplier of the relevant goods and/or Services.
6. WAIVER, INDEMNITY AND LIABILITY
6.1 All vouchers, receipts and tickets issued by African Ubuntu Safaris to you are subject to the Supplier’s terms and conditions.
6.2 Participation in any tour or travel package arranged by African Ubuntu Safaris and provided by any of its Suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.
6.3 You indemnify African Ubuntu Safarisand its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
6.4 The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against African Ubuntu Safaris for any form of compensation for damages which 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.
6.5 African Ubuntu Safaris acts solely in the capacity of an agent for third parties and as such African Ubuntu Safaris 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 services.
African Ubuntu Safaris shall be exempt from all liability in respect of any claim whatsoever as aforesaid. Remuneration will need to be sought from the supplier directly according to their terms and conditions.
6.6 You will be aware that at times you will be required to sign an indemnity form during your travels in Africa. These forms are in place according to terms and conditions of suppliers. You will be bound by these indemnities.
7. CANCELLATION AND REFUND POLICY
7.1 Should you cancel your booking, you agree to pay any charges levied by any Supplier in respect of the cancelled booking and indemnify African Ubuntu Safaris in respect of such charges.
7.2 Cancellations of bookings must be made in writing and sent to African Ubuntu Safaris.
7.3 Cancellation of bookings, penalties and costs
7.3.1 Cancellations made more than 60 days prior to departure date will incur a 30% cancellation penalty of the Total Confirmed Price (i.e. full deposit paid)
p>7.3.2 Cancellations made between 45 and 60 days prior to departure date will incur a 50% cancellation of the Total Confirmed Price.
7.3.3 Cancellations made less than or equal to 45 days prior to departure date will incur a 100% cancellation penalty of the Total Confirmed Price (i.e. total booking cost)
7.4 No refunds will be given by African Ubuntu Safaris for partly used vouchers or for no-shows.
8. TRAVEL INSURANCE
8.1 African Ubuntu Safaris strongly urges all travellers to purchase comprehensive travel insurance at the time of booking. The majority of conflicts and loss of money can be resolved purely by the fact that comprehensive travel insurance has been bought.
8.2 Certain accommodations or activities will not allow you to stay or take part if you do not have travel insurance. African Ubuntu Safaris will make it clear on every Quotation that we strongly advise you to purchase comprehensive insurance and is not liable in any way if you are affected during your journey due to the lack of insurance.
PART B: TRAVEL INFORMATION AND REQUIREMENTS
9. BAGGAGE RULES
9.1 You must ensure that you meet the baggage regulations of the airlines and charter companies that you will be using. African Ubuntu Safaris recommends that you seek the advice of your consultant for up to date information concerning baggage rules. However you remain responsible for ensuring you meet the baggage regulations of each airline and charter company you travel with.
9.2 In particular, light aircraft flights have extraordinary weight restrictions which can be ascertained from your consultant who can also advise whether you are able to purchase seats for excess baggage.
9.3 If you do not adhere to the relevant weight and size restrictions, the transfer of your baggage may be delayed and/or transferred at extra cost to you.
9.4 Some airlines impose a penalty payment for travellers weighing more than 100 kgs. For this reason, African Ubuntu Safaris is at times obliged to ask for clients' weights, in order to pass this information on to the airlines.
10. PASSPORTS AND VISAS
10.1 It is your responsibility to ensure that your passport together with any necessary permits and travel documents are valid and that you have obtained all the necessary permits and/or visas required by the countries which you intend visiting or entering. You agree that African Ubuntu Safaris cannot be held liable for your failure to act on this responsibility.
10.2 Your passport must have sufficient blank visa pages (minimum 2 recommended) available in accordance with the regulations of various African countries.
10.3 Your passport must be valid for the prescribed period contained in the applicable regulations of the African countries you will be visiting (A minimum of 6 months after travel date is recommended).
10.4 You must ensure that your passport and visa must meet the regulations of the relevant African countries that you are visiting. Advice may be sought from your consultant, however the onus is on you to ensure everything is in order and correct.
11. INNOCULATION, IMMUNIZATION AND MEDICATION
11.1 It is your responsibility to ensure that you have had all necessary inoculations, immunisations and medications required prior to your departure.
11.2 Although willing to informally discuss the guidelines for each country, African Ubuntu Safaris refuses to offer any medical advice or opinion, and advises that you consult a doctor or travel clinic if you have any health related questions.
11.3 It is your obligation to ensure that you are medically fit to travel.
PART C: LEGALITIES
12. GENERAL
12.1 No amendment, addition or consensual cancellation of this Agreement will be binding unless it is recorded in writing.
12.2 These Terms and Conditions together with the Itinerary Confirmation contain all the terms and conditions of the agreement between you and African Ubuntu Safaris. Make sure that everything you have agreed to has been recorded in this Agreement. If there is any conflict between the provisions of these documents, the provisions of the Itinerary Confirmation will be overriding.
12.3 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.
12.4 Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them.
12.5 You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement.