1. Interpretation :
As used herein, the words :
means : FAR & WILD SAFARIS cc and any other tour or safari operator,
carrier or person appointed by FAR & WILD SAFARIS cc to perform
services in connection with the SAFARI.
means : The package tour, safari, accommodation or conference advertised
or conducted by the OPERATOR.
means : The CLIENT of the OPERATOR and, in the case of a GROUP, each
member of the GROUP.
1.4 "GROUP" means
: Two or more persons who have been booked together for a safari as
a group and may join with other group or groups.
2. Protection of Environment
2.1 The CLIENT agrees and
undertakes that whilst on SAFARI he/she will not damage the environment
by picking wild flowers and other vegetation, littering, bathing with
soaps and detergents in the river or use insecticides other than those
specified by the OPERATOR. Should the OPERATOR require no smoking, the
CLIENT undertakes to abide by the OPERATOR'S decision.
2.2 The CLIENT undertakes
to behave in a quiet and peaceful manner showing consideration to other
CLIENTS and wildlife.
3. OPERATORS Instructions
The CLIENT hereby agrees
to adhere to all instructions given by the OPERATOR (whether given verbally,
displayed on notices in vehicles, published in leaflets or other documentation)
during the SAFARI including :
3.1 to remain seated in
vehicles whilst in motion:
3.2 not to exit vehicles
in dangerous areas such as in game reserves:
3.3 not to leave designated
camp sites and picnic spots and to remain within the confines of other
areas specified or pointed out by the OPERATOR;
3.4 to take all safety
measures to avoid fire hazards;
3.5 to take precautions
against sun and heat.
4. Baggage and Equipment
The CLIENT warrants that
neither his/her baggage, equipment or other goods which the OPERATOR
is to transport contains any flammable, hazardous or dangerous articles.
The OPERATOR may in its
sole discretion and without giving any reason therefore refuse to carry
a CLIENT's baggage and/or photographic equipment and/or any other goods
at any time.
For Fly-in Safaris
Each CLIENT shall be entitled
to no more than one (1) soft bag weighing no more than 15 kilograms. Carry on luggage 7 kilograms. (Dependent on Carrier)
5. CLIENTS Health and
The CLIENT warrants and
acknowledges that his/her general health is good and that there is nothing
which renders him/her unfit to undertake a SAFARI. The CLIENT acknowledges
that it is his/her responsibility to ensure that he/she is possessed
of the necessary travel documents and has complied with all health and
other regulations that may be required in respect of the proposed SAFARI.
hazards and dangers :
The CLIENT understands
and appreciates fully the fact that there are risks, hazards and dangers
involved or may be encountered during the SAFARI. More particularly
(a) There may not always
be protection in the form of fences, buildings and vehicles in which
to take cover in potentially dangerous circumstances and that hazards
such as potentially dangerous animals, including, but not exclusive to, elephant, lion, hyena, buffalo,
rhinoceros, leopard, hippo, crocodile, antelope, warthog, bush pig, zebra, giraffe , wildebeest
as well as snakes, spiders, insects and plants, which may be encountered
whilst on SAFARI. (Each CLIENT must be alert to these potential dangers).
(b) Rivers and dams may
contain bilharzia and sickness may result upon entry into such waters.
Swimming, bathing and washing in certain rivers and dams must be avoided).
(c) Malaria in Southern
Africa, more particularly whilst entering the malaria area in Zululand
and Mpumalanga. (Malaria prophylactics must be taken in accordance with
the CLIENTS medical practitioner's advice, before entering a malaria
(d) Exposure to the sun
and heat - directly or indirectly - and that serious sunburn and heat
exhaustion may result from unprotected exposure. (Care must be taken
for adequate protection and fluids to be drunk).
6.2 The CLIENT acknowledges
the potential risks and dangers and hereby voluntarily assumes the risk
inherent in taking part in the SAFARI.
7. Liability :
7.1 The OPERATOR shall
be under no liability to the client for any claim which may arise in
respect of or in connection with the SAFARI and the CLIENT hereby renounces
for himself, members of his group and dependants all claims against
the OPERATOR for compensation for injury, damage or loss, whether sustained
on a vehicle, embarking or disembarking from a vehicle or in a game
reserve, hotel or lodge or elsewhere or as a result of delays or otherwise,
caused directly or indirectly to him/her or his/her belongings, members
of his group and his/her dependants or to persons who, except for these
conditions, might have been entitled to make a claim howsoever arising
and whether caused or occasioned by any grossly negligent act or omission
or default by the OPERATOR.
7.2 The carriage, handling
or keeping of any baggage and /or other goods of the CLIENT will be
at the sole risk of the CLIENT or its owner and the OPERATOR shall not
be liable for any loss or damage of whatsoever nature and howsoever
7.3 Whilst the OPERATOR
will endeavour to ensure that all anticipated transport,
accommodation, food, drinks and other such services are available as
planned, there shall be no claim of any nature whatsoever against the
OPERATOR for a refund, either in whole or in part or of any other claim
of any nature whatsoever including consequential damages as a consequence
of any transport, accommodation or other facility attached to the SAFARI
not being available.
This caused by immigration regulations, industrial action, adverse weather, flooding, road access and such.
7.4 All exclusions or limitations
of liability claimable by the OPERATOR shall apply equally to and may
be claimed by agents, servants and representatives of the OPERATOR as
fully and as effectually as if they were the OPERATOR.
8. Insurance :
It is recommended that clients take out Travel Insurance.
It shall not be obligatory
upon the OPERATOR to arrange insurance on behalf of the CLIENT except
upon express instructions given in writing by the client and any insurances
effected by the OPERATOR shall be subject to the usual exceptions and
conditions of the policies of the insurance company or underwriters
undertaking the risk. The OPERATOR shall be entitled to arrange insurance
on an open or general policy. Should the insurers dispute their liability
for any reason, the CLIENT shall have recourse against the insurers
only and the OPERATOR shall not be under any responsibility or liability
in relation thereto, notwithstanding
that the premium upon the
policy may not be at the same rate as that charged by the OPERATOR or
paid to the OPERATOR by its client. The exemptions, limitations of liability
and claims procedures referred to herein shall not restrict the CLIENT's
right to have recourse against the insurers for the legal liability
of the OPERATOR to the CLIENT.
9. Indemnity :
9.1 The CLIENT hereby indemnifies
and holds harmless the OPERATOR :
(a) against any claim which
may be made by the CLIENT's dependants or any member of his group against
the OPERATOR; and
(b) against any damage
or loss that the OPERATOR may suffer through any act or omission of
the CLIENT howsoever caused.
9.2 The CLIENT hereby agrees
to sign any reasonable further indemnity provided for at game parks,
museums and historical sites and to conform with game park regulations,
museum and historical site regulations and customs, immigration and
health regulations of the territories or countries to be visited or
traversed. If the CLIENT is restrained and is unable to continue the
SAFARI for any reason whatsoever by the authorities in any country,
he/she shall have no claim for further carriage or rebate against the
10. Bookings & Payment
10.1 To confirm a reservation a 25 % deposit or such an amount as advised by the OPERATOR must be received by the OPERATOR within fourteen days of the telephone, fax or other written confirmation of the booking. This for reservations made 60 days or more from the date of the reservation. Payment in full is due 45 days prior to the start of the reservation. For reservations made within 45 days of the reservation, CLIENTS shall be advised of the due date.
10.2 Payments of all amounts due to the OPERATOR shall be made free of exchange and any other charges at the OPERATOR's address in South African currency or such currency acceptable to the OPERATOR's bankers and without demand and free of any deduction of set-off on the due date for payment. Any amount not paid on due date shall bear interest at the rate of 2% per month from the date it falls due until the date it is paid.
10.3 Acceptance by the
OPERATOR of the deposit shall not constitute acceptance by the OPERATOR
of the booking. Acceptance by the OPERATOR of the booking shall be evidenced
by the forwarding to the CLIENT or his agent of an invoice indicating
an amount due and/or owing by the CLIENT to the OPERATOR and the document
shall constitute the contract which shall deem to have been concluded
where the OPERATOR carries on business.
10.4 The CLIENT, having
placed his/her booking shall not be entitled to withdraw or cancel the
same without the operate's written consent first had and obtained thereto.
10.5 SAFARI includes transportation
by vehicles or aeroplane, accommodation, food and drink, tour guides
and other services or are specified in accordance with the itinerary
issued by the OPERATOR but do not include the cost of visas, vaccinations,
insurance or such other items which are not specified.
10.6 We accept Payments via Direct transfer, Faxed / E-Mailed Credit card payment (Signed Payment form) and by our secure Credit Card payment facility through Virtual Card Services (Pty) Ltd.
These options & links would be sent to you when payment is due.
Credit cards accepted are: Master Card, Visa, Diners Club and American Express.
10.7 The onus is upon the CLIENT to check all booking details and make sure that the dates allocated are correct. Making full payment or deposit payemnt will deem that the dates the OPERATOR has secured are correct .
11. Photographs :
The OPERATOR reserves the
right, without giving further notice, to make use of any photographs
or film taken of the CLIENT during the SAFARI for general publicity
purposes without payment or further permission from the CLIENT.
12. Breach and Nuisance
If the CLIENT breaches
any obligation in terms of this agreement or if the CLIENT constitutes
a nuisance to the OPERATOR or any other CLIENT, the OPERATOR shall be
entitled to terminate the CLIENT's group and refuse to permit the CLIENT
or any member of his group to continue with the SAFARI. In these circumstances
the CLIENT or any member of his group, at his/her cost and responsibility
shall make his/her own travelling arrangements from the point of termination.
In these circumstances, the OPERATOR shall not be liable to make any
refund to the CLIENT and the latter will have no claim for transport
of any nature whatsoever against the OPERATOR.
13. Early Termination
and Deviations :
13.1 If for any reason,
including illness or injury, the CLIENT no longer wishes to continue
with the SAFARI, then the CLIENT at his/her cost shall make his/her
own travelling arrangements as the CLIENT so chooses. If the OPERATOR
is obliged to deviate from the proposed route as a consequence of injury
or illness of the CLIENT or member of his group or for such other reason
as a CLIENT may require, that CLIENT shall be responsible for all additional
costs arising out of the deviation.
13.2 The OPERATOR considers
that the contents of its brochures, pamphlets and other advertising
material is correct at the time of printing and services described therein
are subject to change or withdrawal without further notice.
13.3 It is important to
note that during the course of a SAFARI, weather, road conditions, mechanical
breakdown or any other unforseen reasons beyond the control of the OPERATOR
can influence the performance of a SAFARI. Although delays are rare
considering some African touring conditions, the policy (without limiting
the foregoing exclusions and exemptions) in such event is to provide
free of charge the vehicle, all camping equipment and personal services.
But personal expenses, meals, alternative accommodation and all resulting
costs, including the costs of flying home are to be borne by the CLIENT.
It is recommended that CLIENT take out travel insurance for this eventuality.
14. Cancellation :
14.1 Cancellation of an overland SAFARI, ACCOMMODATION or EXCURSIONS contracted through Far and Wild Safaris cc is to be in writing and is only effective on receipt of such notification by the OPERATOR. Refunds will be at the discretion of the OPERATOR.
14.2 Cancellation more than 45 days before departure, the deposit is forfeited.
14.3 Cancellation 30 days or less before departure - 100% of fees will be payable with no refund.
In the case where the operator has managed to move a reservation for a client and subsequently the client is not able to travel or cancels the booking, the original cancellation fee will apply.
14.4 This cancellation policy must be read in conjunction with the “Terms and Conditions” of the particular accommodation and/or service provider, and in some instances, the terms and conditions of such accommodation and/or service provider may take precedence.
Deposit payments are not refundable.
14.5 The OPERATOR may request a certificate to consider a partial or full refund in the case of illness and/or death.
|Consumer Protection Act
Consumer’s right to cancel advance reservation, booking or order
17. (1) This section does not apply to a franchise agreement, or in respect of any
(2) Subject to subsections (3) and (4), a consumer has the right to cancel any advance
booking, reservation or order for any goods or services to be supplied.
(3) A supplier who makes a commitment or accepts a reservation to supply goods or
services on a later date may—
(a) require payment of a reasonable deposit in advance; and
(b) impose a reasonable charge for cancellation of the order or reservation,
subject to subsection (5).
(4) For the purposes of this section, a charge is unreasonable if it exceeds a fair
amount in the circumstances, having regard to—
(a) the nature of the goods or services that were reserved or booked;
(b) the length of notice of cancellation provided by the consumer;
(c) the reasonable potential for the service provider, acting diligently, to find an
alternative consumer between the time of receiving the cancellation notice
and the time of the cancelled reservation; and
(d) the general practice of the relevant industry.
(5) A supplier may not impose any cancellation fee in respect of a booking,
reservation or order if the consumer is unable to honour the booking, reservation or
order because of the death or hospitalisation of the person for whom, or for whose
benefit the booking, reservation or order was made.
15. General :
15.1 These standard terms
and conditions contain the entire terms of the agreement between the
OPERATOR and the CLIENT.
15.2 Neither party shall
be bound by any condition, warranty, representative or undertaking of
any kind, whether express or implied, except as set forth in these conditions
15.3 No purported amendment
or modification of these conditions of contract shall be valid unless
in writing and signed by the OPERATOR.
15.4 The failure of the
OPERATOR at any time to require performance of any provision of these
conditions of contract shall not affect the right of the OPERATOR to
require performance of that provision or of any other provision in the
future. No waiver by the OPERATOR with respect to a breach of any provision
of these terms shall be construed as a waiver with respect to any continuing
or subsequent breach of that provision, or as a waiver of any other
right under this contract.
15.5 Any dispute arising
out of the SAFARI shall be governed and construed according to the laws
of the Republic of South Africa.
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