Terms and Conditions
Capture Africa (Pty) Ltd, Botswana company registration number BW00000729932 (“the Company”)
APPLICATION
The terms and conditions contained in this document shall apply to the safari booking concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour voucher provided to the client on confirmation of the booking.
All references in these terms and conditions to “client” shall include references to an agent of the client, with such changes as the context may require.
APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be deemed to have been concluded in Maun, Botswana and shall be interpreted according to the laws of Botswana.
Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange, and other regulations of all countries visited on the safari.
BOOKINGS
The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
Capture Africa (Pty) Ltd CHILD POLICY
Children of all ages are welcome to travel with Capture Africa (Pty) Ltd on a request basis and must be accompanied by an adult.
Children between the ages of 16 – 18 are welcome to travel with Capture Africa (Pty) Ltd but will require a letter of consent signed by a parent or guardian.
SAFARI RATE, DEPOSIT AND PAYMENT
While Capture Africa (Pty) Ltd has utilised its best endeavours to ensure the accuracy of the safari rate, such rate is subject to change as a result of factors beyond Capture Africa (Pty) Ltd.’s reasonable control, in which event Capture Africa (Pty) Ltd shall utilise its best efforts to notify clients of such change as soon as possible.
The safari rate includes only those services/items that are included as per the itinerary and the safari voucher, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.
The Company records that prices/charges/tariffs in respect of certain activities forming part of the safari are determined in accordance with the public regulations of a particular country and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the safari. The Company accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increases and/or fluctuations.
A non-refundable 25% deposit is required to secure a booking in respect of the safari. This non-refundable deposit shall be set off against the safari rate.
The safari balance must be paid by not later than 60 days prior to the departure date for the safari, failing which the Company reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.
In the event that the client makes a booking within 60 days of the date of departure of the safari, he or she shall, in order to secure the booking, be required to pay the full safari rate upfront.
CANCELLATIONS
Where the booking is cancelled at any time up to 91 days prior to the date of departure of the safari for any reason, the client shall forfeit the non-refundable deposit.
Where the booking is cancelled less than 91 days prior to the date of departure of the safari for any reason, the client shall be liable to pay the following penalties to the Company –
- cancellation between 90-61 days prior to the date of departure, a cancellation penalty equal to 50% of the safari rate.
- cancellation between 60-46 days prior to the date of departure, a cancellation penalty equal to 75% of the safari rate; and
- cancellation less than 45 days prior to the date of departure or “no shows”, a cancellation penalty of 100% of the safari rate.
The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.
The Company reserves the right, at any time and for any reason, to cancel the safari on notice to the client. In such event, the Company shall refund the safari rate (which includes for the avoidance of doubt, the non-refundable deposit) to the client. It is recorded that refund of the safari rate as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the safari.
The client acknowledges that the safari may be subject to a minimum number of passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the safari, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.
AMENDMENTS TO BOOKINGS
In the event that the client joins the safari after the departure date or leaves before the completion thereof for any reason whatsoever, the client shall not be entitled to any refunds or rebates whatsoever from the Company.
In the event that a safari is changed, these terms and conditions shall apply to the substituted safari, with the necessary changes having been made.
PASSPORTS, VISAS AND OTHER TRAVEL PAPERS
It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the safari.
The Company shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.
INSURANCE
Comprehensive Medical and Travel insurance is mandatory on all Capture Africa (Pty) Ltd safaris. Should a client be unable to present proof of such insurance Capture Africa (Pty) Ltd may, in its sole discretion, exclude the client from the safari, and the client shall be liable for the cost of the excursion in full. The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation.
The client acknowledges that the Company shall not be liable for any consequences, damages, or loss as a result of the client failing to have the necessary cover.
BAGGAGE
The client shall be responsible for all baggage and personal effects brought by him or her on the safari, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require a larger baggage allowance, this may be arranged with the Company against payment of a fee that the Company may levy in its sole discretion. Notwithstanding the afore going, the Company reserves the right to refuse excess baggage.
HEALTH
The client accepts that to participate in the safari requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the safari.
Where the client is over the age of 65, the Company requires a medical certificate or doctor’s letter confirming that the client is medically fit to undertake the tour.
AUTHORITY ON TOUR
The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the safari.
In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the safari shall not be tolerated and that the Company, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the client from the safari at any point therein in such circumstances.
The Company shall not be liable for any costs and/or expenses for the client resulting from exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the safari rate or any additional compensation in such instances.
MARKETING
The Company reserves the right to use any photographs and video taken during the safari for use in marketing or any other advertising material, and the client hereby consents to such use.
The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the safari and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.
FORCE MAJEURE
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots, and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the safari. These alterations are to include change of crew and number of crew while on a Capture Africa (Pty) Ltd safari. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
TRAVEL DOCUMENTS
On booking, the client shall be issued with our safari voucher and pre-departure information documents. It is the responsibility of the client to read and understand these documents before travelling. These documents are to use as a guide only.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
The client accepts that the safari is of an adventurous nature and involves an element of personal risk.
The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising ( including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the safari, and the client irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.
The client furthermore indemnifies and holds the Company and its respective directors, offices, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.
