Standard Terms and Conditions

The following constitutes the standard terms and conditions of Africa Inscribed:

INTERPRETATION

The following terms shall have the meanings assigned to them:

• “Africa Inscribed" means Africa Inscribed Safari Company CC, a close corporation duly incorporated in accordance with the Close Corporations Act 69 of 1984, as amended from time to time, which has its registered office at 55 Sabiti Private Estate, Nerine Road, Glen Nerine, 2191;
• “The Client” means the person, natural or juristic, who signs the Booking Form, accepts the quotation, and confirms the booking of the safari. If a client signs on behalf of any member/s of his/her party, then the client accepts these terms and conditions on behalf of every member of his/her party as if they had specifically signed it;
• “Supplier” means a third party who supplies services to Africa Inscribed and/or the Client;
• “the Booking Form” means the acceptance form completed by the Client as confirmation of the safari booking;
• “indemnity” means the Indemnity and Assumption of Risk form enclosed with this agreement;
• “force majeure” means any circumstances beyond the reasonable control of Africa Inscribed (including, but not limited to, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, strikes, sabotage, insurrection, civil disturbance, quarantine, government intervention, pandemics, weather conditions or other untoward occurrences);
• “in writing” means a letter sent by hand, by registered post, by courier, by fax or via electronic mail.

PAYMENT TO SECURE BOOKING

In order to confirm and secure the booking, payments must be made by the Client to Africa Inscribed as follows:

• A non-refundable deposit at the time of booking;
• Final payment due 60 days prior to travelling, or as indicated on the final itinerary;
• All payments must be made by electronic funds transfer or a telegraphic transfer(SWIFT). All payments must be free of any bank charges.
• The prices quoted to the Client at the time of the reservation may subsequently be altered if certain price determinants such as the exchange rate, fuel costs, taxes or other government levies etc. change.
• The prices quoted to the client at the time of the reservation for a number of passengers shall subsequently be altered if the number of passengers changes for whatever reason.

CANCELLATION AND REFUND POLICY

• Any cancellation of the booking must be in writing and will take effect on receipt and acknowledgement by African Inscribed of your cancellation.
• Cancellation includes a date change/name change or a reduction in a number of rooms or nights of a confirmed booking.
• The cancellation fees applicable are as follows:
  • More than 60 days before departure:100% of the deposit;
  • Between 45 and 59 days before departure: 75% of the total cost of the tour price;
  • Less than 45 days: 100% of the tour price.
• Africa Inscribed reserves the right to claim administrative, cancellation and bank charges levied by any supplier against it in respect of the cancellation of the booking by the Client.
• If the Client fails to arrive for the start of the tour at the scheduled time and place or is unable to do so for any reason whatsoever, including the lack of valid travel documents (passport, visa, ), he/she shall not be eligible for any refunds.
• Africa Inscribed reserves the right, that if a client reserve and pay for a private guide to travel throughout the itinerary and the private guide, booked by Africa Inscribed becomes unavailable at the time of travel, for whatever reason, Africa Inscribed have the right to change the private guide with someone else of the same calibre.

PASSPORTS, VISAS, VACCINATIONS 

The Client shall:

• Personally, ensure that he/she has a valid passport. Africa Inscribed cannot be held liable for any loss of passport(s) due to any reason whatsoever.
• Personally, be responsible for obtaining an appropriate visa valid for the duration of the tour and staying in the Republic of South Africa or any country that will form part of the tour.
• Personally, be responsible for taking all the vaccinations that may be deemed reasonably necessary by the Client for travelling to the Republic of South Africa or any other country that will form part of the tour. Africa Inscribed shall not be liable for any consequences that may arise out of failure to obtain such vaccinations. Clients are also encouraged to be vaccinated against the novelty Coronavirus where possible.

TRAVEL AND MEDICAL INSURANCE

Comprehensive travel and medical insurance is compulsory for all Clients for the full duration of the safari and forms part of the conditions of booking. The insurance must include cover for accidental death and disability, emergency medical expenses (including evacuation), loss of luggage or personal effects and expenses associated with the cancellation or curtailment of a safari. It is the Client’s obligation to acquire his/her insurance as aforesaid.

OBLIGATIONS OF THE CLIENT

The Client shall commit to:

• Comply with the laws of the Republic of South Africa or any other country that will form part of the tour, requirements and formalities of local police, health, and other public authorities. Laws shall include directives, regulations and other instructions given and/or enforceable by authorities;
• Act in a courteous manner towards Africa Inscribed’s employees, guides, suppliers, and representatives and obey the instructions of the tour guide and/or group leader during the whole tour;
• Cooperate with transport, hotel, restaurant operators and other service providers and comply with their terms and rules under which such services are provided;
• Respect the customs and traditions of local residents and rules of traditional dwellings and, in general, of all such places where the Client alone is responsible for his/her acts;
• Behave in an environmentally friendly manner.

ASSUMPTION OF RISK, WAIVER, INDEMNITY AND LIABILITY

• The Client acknowledges and accepts that participating in the tour organized by Africa Inscribed may involve the risk of death, injury, mental or emotional trauma, disability or property damage from hazards and dangers which are inherent risks involved in participating on a safari. Whilst every precaution is taken to ensure the safety of all Clients, certain risks are inherent in these activities and can not be eliminated or mitigated.
• By making a reservation with Africa Inscribed, the Client affirms that he/she has considered these risks, that his/her participation in the tour organized by or involving Africa Inscribed is entirely his/her own risk, and that he/she agrees to freely accept and fully assume all such risks as well as any other risks involved in participating in the tour and tour activities organized by Africa Inscribed and the possibility of any resulting injury, loss, or damage.
• The Client, its beneficiaries, heirs, and successors in title or otherwise agree to release, waive and discharge Africa Inscribed and all of its employees, suppliers, guides and representatives from and against any and all presently existing and/or future liabilities, damages, actions and claims relating to or arising from any activity, occurrence or event (including but not limited to illness, injury or death ) involving Africa Inscribed, or relating to or arising from any action or omission by Africa Inscribed or by any employee, supplier, guide, or representative of Africa Inscribed, regardless of whether such action or omission constitutes negligence.
• The Client, its beneficiaries, heirs, and successors in title or otherwise further agree to indemnify and hold harmless Africa Inscribed and all of its employees, suppliers, guides and representatives from and against any loss, damage, liability and expense incurred by Africa Inscribed as a result of the Client’s participating in the tour and tour activities organized by or involving Africa Inscribed.
• All vouchers and tickets issued by Africa Inscribed to the Client on behalf of a supplier are subject to the supplier’s terms and Africa Inscribed shall be exempt from all liability in respect of any claim arising from any delays, loss or damage caused by third party services.
• Africa Inscribed shall be exempt from all liability in respect of any claim arising from any error on the itinerary for whatever reason.

HEALTH

• The Client confirms and represents that he/she is medically fit, in good health, is able to embark on the safari and does not suffer from any serious medical condition that may be aggravated by participating in the tour activities, some of which may be physically demanding.
• If the Client becomes unable to complete the tour due to intentionally undisclosed health conditions, he/she shall not be entitled to seek any compensation whatsoever from Africa Inscribed.
• It is the Client’s responsibility to ensure that he/she has had all necessary inoculations or immunisations required for the safari prior to departure and Africa Inscribed shall not be liable for the Client’s failure to ensure that this has been attended to. Clients are encouraged to get vaccinated against the novel Coronavirus where possible.
• The Client must inform Africa Inscribed in advance of any impairment or disability that may limit his/her participation in the tour activities. Although Africa Inscribed shall endeavour to make reasonable efforts to address the needs and/or requirements of individuals with impairments or disabilities, Africa Inscribed reserves its right to, in its sole and absolute discretion, decline to accept the client’s booking should Africa Inscribed be of the opinion that the client is not medically fit or suffers from a medical condition which creates a health or other risk to the client, Africa Inscribed and/or its suppliers and/or tour participants, or that the Client’s participation in the tour activities will be severely hampered as a result.
• Africa Inscribed strongly urges all intending tour participants to equip themselves with all special care and/or needs that they may require.

FORCE MAJEURE

• Although it is regrettable, Africa Inscribed cannot accept liability or pay compensation where the performance or proper performance of its obligations is prevented or affected by any event which Africa Inscribed or the supplier of the service(s) in question could not, even with reasonable care, foresee or avoid. Such events include, but without limitations; acts of God, war, threat of war, riots, civil strife, border closures, unexpected government acts, terrorist activity, industrial disputes, natural or nuclear disaster, strikes, labour disputes, extreme weather conditions, fire, technical and/or mechanical problems to transport, road closures, disease, pandemics, quarantine, sickness, lack of material, renovations or any other unexpected occurrences or events beyond Africa Inscribed's control.
• If Africa Inscribed or the relevant suppliers are affected by Force Majeure, Africa Inscribed shall forthwith notify Client of the nature and extent thereof.
• Africa Inscribed shall not be deemed to be in breach of these terms and conditions or otherwise be liable to Client, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure event.
• In the event of Government intervention (i.e. border closures, travel bans), once Africa Inscribed has investigated the prevailing situation as it deems fit, it shall remain in Africa Inscribed and the relevant suppliers’ sole and absolute discretion whether to proceed with the trip or offer alternative travel options. No refunds will, however, be actioned.
• If there is civil unrest, once Africa Inscribed has investigated the prevailing situation as it deems fit, it shall remain in Africa Inscribed and the relevant suppliers’ sole and absolute discretion whether to proceed with the trip or offer alternative travel options. No refunds will, however, be actioned.
• If Africa Inscribed is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Africa Inscribed and relevant suppliers' terms and conditions shall apply accordingly. Payment of any refund by Africa Inscribed or relevant suppliers shall remain in its sole and absolute discretion although Africa Inscribed and relevant suppliers shall use its reasonable endeavours to reimburse you where All monies so recovered by Africa Inscribed will be reimbursed to the Client less 15% (fifteen percent) of the tour price refunded as an administration charge. Deposits will not be refunded.
• Africa Inscribed cannot accept liability or pay any compensation, interest, or damages to Client where the performance or prompt performance of Africa Inscribed’s obligations under the contract between the parties is prevented or affected by or if Client has suffered any damage, loss, or expense of any nature as a result of Force Majeure.
• The non-refundable deposit and cancellation terms of Africa Inscribed and relevant suppliers will apply as per above.

GENERAL

• This agreement constitutes the whole of the agreement between the parties and no amendment, alteration, addition, variation, or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties.
• The parties agree that once the Client has accepted the itinerary, made payment of any deposit and/or accepted a quotation, the client accepts the terms and conditions as set out by Africa Inscribed and it will be accepted that Client had read the terms and conditions.
• No waiver of any of the terms and conditions of this agreement will be binding for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
• This agreement and all matters or disputes arising therefrom shall be governed and construed in accordance with the laws of the Republic of South Africa.
• In the event of a dispute, Africa Inscribed and the Client shall endeavour to seek an amicable resolution. If the parties fail to reach such an agreement, the dispute shall be referred to the relevant South African court having jurisdiction, having regard to Clause 10.6 below, and shall be governed solely by the laws of the Republic of South Africa.
• The Client consents to the jurisdiction of the Magistrate’s Court, notwithstanding that the amount involved exceeds the jurisdiction of the Magistrate’s Court. The Client agrees, however, that Africa Inscribed in its sole discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction.
• If Africa Inscribed institutes legal proceedings against the Client, it shall be entitled to recover from the Client all legal costs that it incurs on an attorney and own client basis, including but not limited to collection commission, other costs, and tracing agent charges.