1. CONTRACTING PARTIES
These Terms and Conditions are legally binding between the traveller(s) and Abercrombie & Kent herein after referred to as A&K..
2. ACCEPTANCE OF THESE TERMS
PLEASE NOTE: Acceptance of a quotation from A&K constitutes acceptance of these Terms and Conditions which take effect immediately.
All accommodation, room type(s) and specification are as shown in the itinerary.
Meals are as shown in the itinerary.
Transfers are provided on arrival and departure from airport to hotel and return only where specified in the itinerary.
Accommodation and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued. A&K also reserves the right to withdraw a tour or any part of it, to make such alterations to the itinerary or the tour inclusions as it deems necessary or desirable, and to pass on to tour members any expenditures or losses caused by delays or events beyond its control.
In case of any appreciable variation in the tour price due to these circumstances, A&K reserves the right to make adjustments to the tour costs as necessary.
7. SPECIAL REQUESTS:
Specific requests should be advised at time of booking. Please note that every effort will be made to secure special requests, however; they cannot be guaranteed.
Transportation will be as specified in the itinerary.
A&K provides handling of baggage only as specified in the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply; details of which will be provided with pre-tour documentation. Baggage and personal effects are at the owner’s risk throughout the tour and A&K assumes no liability for lost or damaged baggage. Baggage insurance is strongly advised.
Please check with your international carrier for other baggage restrictions applicable to your international flight.
10. TAXES AND GRATUITIES:
Hotel taxes as imposed by city and state governments are included. Airport taxes are included where specified in the itinerary.
Gratuities for guides, drivers, porters, camp staff, ship crew and Tour Managers are not included and are at the discretion of the traveller.
11. PRICES & ARRANGEMENTS:
The tour price includes planning, handling and operational charges and is quoted based on the current rates of exchange and tariffs. Entrance fees as part of scheduled sightseeing tours are also included in this price. This price is subject to revision in line with significant changes in foreign currency, tariff rates, taxes etc.
The cost of obtaining passports, visas, excess baggage charges, items of a personal nature such as drinks, laundry, telephone calls, fax charges and excess baggage charges unless expressly included in writing, are not included in the tour price.
A&K reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a program with A&K, travellers agree to allow their images to be used in such photographs. Travellers who prefer that their images not be used are asked to identify themselves to A&K prior to final payment and they will be exempted from this photography waiver clause.
A non-refundable deposit of 20% is required at the time of booking. The remainder of the tour cost is payable 60 days prior to departure. If the reservation is made within 60 days of departure, the entire tour price must be paid at the time of confirmation.
15. PAYMENT METHOD:
Payments may be made by the following methods:
• Credit card
• Bank transfer
A&K cannot guarantee that all payment methods will be accepted and A&K will therefore advise of the most suitable payment method at the time of deposit.
15.1 For payment by credit card A&K reserve the right to charge a levy of up to 3%.
15.2 Please use the following account details for bank transfers:
Account Name: Abercrombie & Kent (PTY) Ltd
Account Number: 090004396
Bank: Standard Bank
Bank Address: 156 5thStreet, Sandton, South Africa
Sort Code: 018105 SANDTON
Swift Code: SBZAZAJJ
Account Name: Abercrombie & Kent (PTY) Ltd
Account Number: 021 54 2554
Bank: Standard Bank
Bank Address: Sandton City, 5th Floor Banking Mall, Sandton Drive, Sandton
Sort Code: 018105 SANDTON CITY
Swift Code: SBZAZAJJ
15.3 For payment by bank transfer please confirm with A&K by fax or email the date on which payment has been made.
15.4 Travellers are liable for all bank and related transaction charges.
All cancellations must be received in writing.
16.1 Cancellations received between the date of booking and 60 days prior to departure will result in the loss of the deposit.
16.1.1 Cancellations received 60 - 45 days prior to departure will be subject to a cancellation charge of 25% of the tour price.
16.1.2 Cancellations received 45 - 28 days prior to departure will be subject to a cancellation charge of 50%of the tour price.
16.1.3 Cancellations received 28 - 14 days prior to departure will be subject to a cancellation charge of 75% of the tour price.
16.1.4 Cancellations received 14 days or less prior to departure will be subject to a forfeiture of the entire tour price.
16.2 Cancellation of airline tickets will be subject to the refund policy of each individual
airline and may be greater than the percentages above particularly when low cost/net based fares are used.
16.3 The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
16.5 A&K reserve the right to charge for financial penalties, fees and losses incurred as a result of cancellation.
17. CLAIMS AND REFUNDS:
Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our LIMITS ON ABERCROMBIE & KENT’S RESPONSIBILITY clause below. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. A&K will not accept any liability for any claims that are not received within 30 days of the termination of your program. All claims for days missed while travelling should be made in writing within 30 days of the program.
18. LIMITS ON ABERCROMBIE & KENT’S RESPONSIBILITY:
Abercrombie & Kent (Pty) Ltd, its employees, shareholders, officers, directors, successors, agents and assigns (collectively A&K), does not own or operate any entity which is to or does provide goods or services for your trip with the exception of a limited number of vehicles. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated Abercrombie & Kent companies). All such persons and entities are independent contractors. As a result, A&K is not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, A&K is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transport mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Passenger assumes all such risks associated with participating in this trip.
18.1 In the event of a cancellation or material alteration to the trip as a result of the circumstances as described in this clause A&K may in their sole and absolute discretion:
a) offer the traveller(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
b) if alternative travel arrangements or products are not offered by A&K, A&K will make a prompt proportional refund of monies paid by the traveller.
18.2 A&K may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products.
18.3 If a material alteration becomes necessary within 90 days of the departure date for any reason other than the circumstances described in this clause, A&K will endeavor to offer comparable products or a full refund of all monies paid by the traveller(s).
19. HEALTH PRECAUTIONS:
Please ensure that you consult your personal physician about anti malaria precautions and other inoculations and vaccinations before travel. Where applicable, please ensure that whilst travelling you carry a valid Yellow Fever certificate.
20. TRAVEL ADVISORIES/WARNINGS:
It is the responsibility of travellers to become informed about the most current travel advisories and warnings by referring to their respective government agencies. In the event of an active State Department or government agency Travel Warning against travel to specific destination location(s) of the trip, should the traveller still choose to travel, notwithstanding any travel advisory or warning, the traveller assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
21. TRAVELLERS’ REPRESENTATIONS:
Traveller(s) represent(s) that neither he nor anyone traveling with him has any physical condition or disability that could create a hazard to himself or other members of the tour. A&K reserves the right to remove from the trip, at the sole expense of the traveller, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.
22. AIR TRANSPORTATION:
Airlines concerned are not to be held responsible for any act, omission or event occurring while passengers are not on board their aircraft. International air carriers are also subject to international air conventions limiting their liability. These limitations of liability are explained on the e-ticket or on the reverse of the airline ticket and when issued, this constitutes the sole contract between the respective air carrier(s) and their passengers.
23. PASSPORT & VISAS
Please note that passport holders are responsible for obtaining the required documentation applicable for entry. Please note also that passports must be valid for six (6) months before departure and should also have sufficient blank pages for visas and immigrations stamps. A&K cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements.
24. TRAVEL INSURANCE:
A&K strongly recommend all clients take out comprehensive travel insurance prior to date of travel. This insurance should cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance. A&K cannot be held responsible for any costs arising from such loss or injury.
25. ARBITRATION AGREEMENT:
Any claim arising out of or relating to these Terms and Conditions, to the Limits on Abercombie & Kent’s Responsibility clause, to the brochure, to any information relating in any way to the trip, to the trip itself or to any products or services related to the trip, shall be settled in the first instance by binding arbitration in the applicable legal forum as detailed in clause 26 of these Terms and Conditions. In lieu of a personal appearance at arbitration the arbitration may be conducted by telephonic means. Arbitration is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.
26. APPLICABLE LAW AND FORUM:
This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of South Africa It is agreed between A&K and the travellers that all lawsuits against A&K arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of South Africa to the exclusion of the courts of or in any other country or jurisdiction.
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