TERMS AND CONDITIONS OF SAFARI ARTISTRY
1. Introduction
- Agent Status: Clearly state that your company acts as an agent for third-party suppliers (airlines, hotels, tour operators, car rental companies, etc.) and does not directly provide the travel services. This is crucial for limiting your liability under the CPA.
- Acceptance of Terms: State that by requesting a quote, making a booking, or utilizing your services, the client acknowledges they have read, understood, and accepted these terms and conditions.
- Governing Law: Specify that these terms are governed by the laws of South Africa.
2. Bookings and Payments
- Quotation Validity: State that quotes are subject to availability and can be withdrawn or varied without notice. Specify the duration a quote is valid for.
- Deposits: Outline the deposit amount required to confirm a booking, if it's non-refundable, and the due date.
- Full Payment: Specify the deadline for full payment (e.g., 8 weeks prior to departure). Clearly state that failure to pay on time may result in automatic cancellation of the booking.
- Price Changes: Explain that prices are subject to change due to currency fluctuations, increases in transportation costs (fuel, taxes, security charges), and supplier surcharges. State that these surcharges may be passed on to the client until full payment is received.
- Methods of Payment: List accepted payment methods (EFT, credit card, cash) and any associated fees. If credit card payments are processed via a third-party gateway, mention this.
- Booking Confirmation: Explain that bookings are confirmed in writing and that it's the client's responsibility to verify all details immediately upon receipt.
3. Cancellations and Refund Policy
- The provision of goods and services by Safari Artistry is subject to availability.
- In the event that you cancel your booking, in full or partially, for any reason whatsoever Safari Artistry will levy cancellation charges as defined in Section C below. In the occasional instance where Safari Artistry is able to obtain waivers of cancellation fees and/or secure an ex-gratia refund from suppliers, Safari Artistry will pass this on to you less the Service Fee. However, Safari Artistry makes no guarantees as to securing such waivers or refunds.
- Cancellations of bookings must be done in writing. Where cancellations are sent by e-mail, you must obtain an e-mail proof of receipt and retain written acknowledgement of receipt from Safari Artistry
- Cancellation of bookings
- Cancellation 61+ days prior to travel – Full 30 % deposit is forfeited
- Cancellation 8 – 4 weeks prior to travel – 50% of the total cost is forfeited
- Cancellation less than 4 weeks prior to travel – 100% of the total cost is forfeited
- Safari Artistry will make every effort to confirm the required services after the deposit payment. In the unlikely event of us being unable to confirm the itinerary travel services you will be offered alternative available travel services. Should the alternative available travel services not be acceptable to you we will provide a full refund
- Safari Artistry will make every effort to ensure the delivery of services as defined in the confirmed itinerary however we reserve the right to cancel services where unavoidable due to circumstances beyond the control of Safari Artistry. In the unlikely instance that Safari Artistry should cancel services defined in the confirmed itinerary Safari Artistry will provide a full refund on the cancelled service/s only.
- Safari Artistry will make every effort to avoid misquoting. However, we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication.
- No refunds will be given by Safari Artistry for partially used travel vouchers or for no-shows.
4. Travel Documents and Requirements
- Client Responsibility: Clearly state that it is the client's sole responsibility to ensure they possess valid passports, visas, health certificates, and comply with all entry requirements for their chosen destination(s).
- Accuracy of Information: Emphasize the importance of providing accurate personal details (names as per passport/ID) as incorrect information can lead to travel issues and additional costs.
- Travel Documentation Delivery: Explain how travel documents will be delivered (e.g., email, collection) and the timeframe.
5. Travel Insurance
- Strong Recommendation: Strongly advise all clients to take out comprehensive travel insurance cover.
- Coverage: Recommend specific types of coverage (e.g., cancellation due to illness/epidemics, accident, injury, personal liability, baggage loss/damage).
- No Liability for Lack of Insurance: State that your agency will not be responsible or liable if the client fails to take adequate insurance cover.
- Credit Card Insurance: Advise clients that credit card travel insurance may not be sufficient for international travel and that they should verify specific details with their credit card company.
6. Liability and Disclaimers
- Agency as Agent: Reiterate that your company acts solely as an agent and accepts no liability for any loss, damage, injury, illness, harm, or death suffered by the client as a result of any act or omission on the part of, or the failure of, the supplier to fulfill their obligations.
- No Liability for Unforeseen Circumstances: Disclaim liability for loss or expense arising from events beyond your control (force majeure) such as natural disasters, war, civil unrest, pandemics, government actions, etc.
- Client's Decision to Travel: Include a clause stating that the client's decision to travel is their personal choice, made with full knowledge of current travel advisories, restrictions (e.g., related to COVID-19), and that they assume all associated risks.
- Limitations of Liability: If applicable and legally permissible, include clauses limiting your company's liability for direct or indirect damages to a certain amount. This must comply with the CPA.
7. Client Conduct
- Responsible Behaviour: Clients are expected to conduct themselves in a responsible manner and adhere to local laws and customs.
- Supplier Rules: Clients must comply with the rules and regulations of all suppliers (e.g., airline baggage allowances, hotel policies).
8. Complaints Procedure
- Reporting Issues: Outline the process for clients to report any issues or complaints during their travel.
- Resolution: Explain how complaints will be handled and the timeframe for resolution. Encourage clients to address issues with the supplier directly where possible.
9. Privacy Policy (POPIA Compliance)
- Data Collection: Explain what personal information is collected (e.g., names, contact details, passport information).
- Purpose of Collection: State the purpose for collecting this information (e.g., to facilitate bookings, communicate with clients).
- Data Sharing: Explain who the information will be shared with (e.g., suppliers, payment processors) and that they are obligated to keep it secure and confidential.
- Client Rights: Inform clients of their rights regarding their personal information as per the Protection of Personal Information Act (POPIA).
10. General
- Entire Agreement: State that these terms constitute the entire agreement between the client and the agency.
- Severability: If any part of these terms is found to be invalid, the remaining parts remain enforceable.
11. Travel Insurance
We highly recommend all clients to subscribe to travel insurance covering cancellations or medical emergencies.
12. Passports and Children
Please note that anyone traveling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left- and a right-hand page). Passengers traveling to Southern Africa with passports which do not comply with these requirements, will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa. In addition, a parent traveling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police.
13. Insurance
We highly recommend all clients to subscribe to travel insurance covering for cancellations or medical emergencies. TAT’s preferred and recommended insurance is Global Rescue, a leader and pioneer in the travel services industry. For more information on our recommended insurance: Global Rescue.
Waiver: Any leniency or indulgence granted by the agency does not constitute a waiver of its rights.