Terms & Conditions

APPLICATION

• The terms and conditions contained in this document shall apply to the tour booking concluded between Awesome Africa Tours and Adventures and the undersigned client in respect of “The relevant Tour booked” here-under referred to as the tour, as more fully described in the tour dossier/information 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, which may include Accommodation establishments, Booking Agencies, Tour Operators or Travel Agencies, with such changes as the context may require.
• The client agrees that no indulgence whatsoever by the Awesome Africa Tours and Adventures shall constitute a waiver in respect of any of its rights under this agreement and under no circumstances will Awesome Africa Tours and Adventures be prevented from exercising any of its rights in terms of this agreement.

APPLICABLE LAW AND JURISDICTION

• These terms and conditions shall be deemed to have been concluded in Nelson Mandela Bay, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
• The client consents to the jurisdiction of the Magistrates Court of Nelson Mandela Bay Metro in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that the Awesome Africa Tours and Adventures at its instance will have the discretion to sue in the High Court if it deems it is appropriate.
• 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 tour.

BOOKINGS

• Awesome Africa Tours and Adventures and services provided are subject to availability at the time of the booking.
• Should the marketed tour accommodation be fully booked, Awesome Africa Tours and Adventures reserves the right to source and book alternative accommodation sites.
• Awesome Africa Tours and Adventures reserves the right not to secure the booking until the deposit amount set out in the quote or invoice received by client is paid and has been received by Awesome Africa Tours and Adventures and all the relevant documentation has been signed and completed in full by the client.
• Awesome Africa Tours and Adventures 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 Awesome Africa Tours and Adventures and all the relevant documentation has been signed and completed in full by the client.
• For tours requiring the use of 4x4 vehicle, Awesome Africa Tours and Adventures reserves the right to refuse to allow vehicles:
  • Without low range and high ground clearance to participate.
  • Without diff-lock to participate.
  • With low profile tyres to participate.
  • Without rated recovery points to participate.
• For 4x4 tours requiring the use of 4x4 vehicles, drivers are required to provide a copy of “Basic Gravel/4x4” certificate, or evidence of “Gravel/4x4 experience & competence”.
  • Should the driver not have a “Basic Gravel/4x4” certificate, Awesome Africa Tours and Adventures reserves the right to perform a “Practical Gravel/4x4 orientation & assessment” on the driver (4 to 6 hours) at an additional cost.
  • Should a driver fail to provide a “Basic Gravel/4x4” certificate or evidence of “Gravel/4x4 experience & competence” and/or fails the “Practical Gravel/4x4 orientation & assessment”, Awesome Africa Tours and Adventures reserves the right to refuse to allow the driver and vehicle to participate in the 4x4 tour unless a “Basic Gravel/4x4 course” is completed.
  • Awesome Africa Tours and Adventures can arrange a “Basic Gravel/4x4” course on request at an additional cost. Costs and fees can be found on the rates sheet or provided on request.
• Travel to and from Nelson Mandela Bay and accommodation before and after the tour are not included and are an additional extra which is the responsibility of the client to arrange and book.
• Some tour activity options are weather dependant. Should the tour activity Operator/Provider cancel the tour activity due to adverse weather conditions, Awesome Africa Tours and Adventures reserves the right to make alternative arrangements in consultation with the client and a full refund less any additional alternative tour activity costs will be forthcoming to the client.
• Any amendments too, or cancellation of the booking shall be subject to these terms and conditions.
• Awesome Africa Tours and Adventures Reserves the right to amend its policies, terms, and conditions for bookings, without reasonable notice.

TOUR PRICE AND PAYMENT

• The tour price must be paid by not later than 30 days prior to the departure date for the tour, failing which Awesome Africa Tours and Adventures 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 30 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full tour price upfront.
• While Awesome Africa Tours and Adventures has utilised its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Awesome Africa Tours and Adventures reasonable control, in which event Awesome Africa Tours and Adventures shall utilise its best efforts to notify clients of such change as soon as possible.
• Tour prices are in South African Rand (ZAR)
• Tour prices are per person per tour and inclusive of 15% VAT.
• Awesome Africa Tours and Adventures reserves the right to amend the rates accordingly should the government change the VAT percentage.
• Any increase in VAT rates subsequent to the conclusion of the contract is at the expense of the client.
• Awesome Africa Tours and Adventures is not obliged to accept foreign currency. Should any party or employee of Awesome Africa Tours and Adventures accept foreign currency, then the daily exchange rates for the transaction shall be calculated using Awesome Africa Tours and Adventures nominated bank as a reference, with a 2% (two percent) handling fee added. Should Awesome Africa Tours and Adventures accept payment from a foreign bank account through SWIFT transfers, any transaction costs are to be paid by the client.
• The tour price and activity package includes only those services/items that are included as per the itinerary and the tour dossier/info, and the client shall be responsible and pay for any additional items where, as required by Awesome Africa Tours and Adventures.
• Awesome Africa Tours and Adventures records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a South Africa and, accordingly, Awesome Africa Tours and Adventures has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. Awesome Africa Tours and Adventures accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increases and/or fluctuations.

DEPOSIT AND INVOICING

• A booking is considered confirmed when Awesome Africa Tours and Adventures sends written confirmation to the client.
• Note: Certain tours may require advanced booking due to limited accommodation and services available:
  • 180 to 360 days of the tour departure date:
    • 50% payment is required to confirm a booking within 20 days of making the booking.
    • An invoice confirming the booking will then be issued.
  • For most tours, If the booking is made within:
  • 90 days of the tour departure date:
    • 50% payment is required to confirm a booking within 20 days of making the booking.
    • An invoice confirming the booking will then be issued.
  • 60 days of the tour departure date:
    • 50% payment is required to confirm a booking within 7 days of making the booking.
    • An invoice confirming the booking will then be issued.
  • 30 days of the tour departure date:
    • 100% payment is required to confirm a booking within 3 days of making the booking.
    • An invoice confirming the booking will then be issued.
  • Full payment is due 30 days prior to the departure date.
  • Non-payment of stipulated percentage at time of confirmation, will result in the cancellation policy being applied.
  • Once the client confirms a booking they are fully responsible for the entire payment to Awesome Africa Tours and Adventures.

CANCELLATION CONDITIONS

• The client acknowledges that each tour is subject to a minimum booking requirement as more fully described in the tour dossier/brochure (standard of 3 vehicles).
• If the minimum booking is not obtained, Awesome Africa Tours and Adventures reserves the right to cancel the tour and refund the tour price less penalties and non refundable deposits etc. to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Awesome Africa Tours and Adventures.
• Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Awesome Africa Tours and Adventures in writing.
• No cancellation fee is applicable to tours cancelled more than 90 days before date of departure.
• Should a client cancel a booking 90 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalisation), the client shall be liable to pay a cancellation penalty.
  • More than 90 days: No fee applied
• 61 - 90 days: 20% of the tour price is held as cancellation/admin fee.
• 31 - 60 days: 30% of the tour price is held as cancellation/admin fee.
• 0 - 30 days: 40% of the tour price is held as cancellation/admin fee.
• NOTE: The cancellation penalty does not include non refundable booking deposits made to accommodation and tourist activity establishments. These non refundable deposits amounts will be determined by the relevant establishment providers and will be communicated to the client.
• Awesome Africa Tours and Adventures reserves the right, at any time and for any reason, to cancel the tour on notice to the client.
• In such event, Awesome Africa Tours and Adventures shall refund the tour price to the client. It is recorded that refund of the tour price less penalties and non refundable deposits etc. as aforesaid shall be Awesome Africa Tours and Adventures sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against Awesome Africa Tours and Adventures by reason of a cancellation of the tour.

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.
• Awesome Africa Tours and Adventures shall not be held liable for any consequences, damages or claims if the client does not correctly attend to the documentation and related matters as contemplated herein.

VISAS AND ENTRY REQUIREMENTS FOR SOUTH AFRICA

• For an up-to-date list of visa and passport requirements for South Africa visit - http://www.dha.gov.za/index.php/applying-for-sa-visa

CURRENCY

• South Africa uses the South African Rand (ZAR).
• Generally, the best way to get local currency is to use local ATMs. Your bank will usually charge you a small fee to do this, and you may also get charged a small fee by the local bank, but you will generally get a reasonable exchange rate (as opposed to local banks or money exchange desks). Check with your bank or credit card provider regarding out-of-country withdrawal and exchange fees, and ask them for recommendations on how to minimise those fees.
• Since you’re getting charged fees we recommend taking out a few days’ worth of local currency at a time, and an amount that you would feel comfortable carrying around (e.g. R1000 - R2000).
• If feasible, we recommend getting a day or two worth of local currency before you arrive (either at your local bank, or your home airport), so that you’re covered for a day or two upon arrival.

INSURANCE

• Comprehensive travel and cancellation insurance is recommended on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
• 4x4 vehicle Insurance cover is recommended on the tour. It is the client’s responsibility to ensure that he or she has the correct 4x4 vehicle insurance cover for his or her private or hired vehicle in place (together with the required paperwork to prove such insurance) before embarking on the tour.
• Should the client be unable to present proof of such insurance to Awesome Africa Tours and Adventures (on request therefore by Awesome Africa Tours and Adventures), Awesome Africa Tours and Adventures may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments and non refundable deposits etc. set out in these terms and conditions.
• The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation, and that Awesome Africa Tours and Adventures shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.

TRAVEL INSURANCE

Travel medical insurance needs to:

• Cover evacuation (e.g. air evacuation) and hospital costs while in other countries.
• Cover 4x4 trips (some policies include 4x4 trips in their list of ‘extreme’ sports that are not covered).

We strongly recommend also getting insurance that covers the following:

• Trip cancellation up to 100% of your trip cost.
• Trip interruption up to 100% of trip cost.
• Medical expenses up to $50 000.
• Emergency medical transportation up to $1 000 000.

COVID-19

• Due to the Covid-19 worldwide pandemic, Awesome Africa Tours and Adventures highly recommends taking out “Comprehensive Travel Insurance” to include “cancel for any reason” (where still available) to ensure any funds lost can be recovered.
• Clients acknowledge that by booking the selected tour with Awesome Africa Tours and Adventures, they confirm that it is their responsibility to have checked that there are no Covid-19 travel restrictions, in both their country of departure and arrival, that may affect their booking and that they have satisfied themselves on behalf of all travellers in the booking that they can proceed with the booking.
• Clients acknowledge that it is their responsibility to check the entry requirements of their destination country, as a quarantine period, Covid-19 testing or Covid-19 Visa documents might be a requirement when flying to and from South Africa.
• Clients acknowledge that they understand and comply with the relevant World Health Organisation and South African Covid-19 regulations and guidelines.
• Awesome Africa Tours and Adventures cannot be held liable for any operational changes, cancellations or consequential damages incurred by the client, or any passenger in the booking, as a result of Covid-19.
• Awesome Africa Tours and Adventures cannot guarantee that staff or customers will remain unaffected or infection free due to the nature of its business & continual movement to different sites & interacting with multiple customers and service providers etc.
• Customers in accepting and joining an Awesome Africa Tours and Adventures tour, thereby acknowledge and accept that Awesome Africa Tours and Adventures accepts no liability for any possible infection that may be transmitted between any parties.
• Awesome Africa Tours and Adventures has made every effort to follow and abide by World Health Organisation and South African Covid-19 regulations and guidelines and subsequently has a Covid-19 Action Plan in Place.

BAGGAGE

• The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and Awesome Africa Tours and Adventures shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising. 

VACCINATIONS

• Please visit the MD Travel Health website - www.mdtravelhealth.com and navigate to your destination country for information about any vaccinations you may require prior to travelling, or please visit your local travel clinic for the most up to date information.

HEALTH

• The client accepts that it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
• Clients over the age of 60 take responsibility that they are fit enough to travel and may be asked to leave the tour if they are hindering the progress of the tour.
• Any ailments or medication must be declared to Awesome Africa Tours and Adventures before the tour begins.

AUTHORITY ON TOUR

• The client must at all times comply with the laws, customs and foreign exchange regulations of South Africa and the relevant tourism establishments during the tour.
• The client must at all times respect freedom of association, equality, respect of human rights and dignity, religious and cultural tolerance.
• In addition, the client acknowledges that any disruptive, dangerous, potentially dangerous behaviour, inequality, disrespect of human rights and dignity, religious and cultural intolerance, during the tour shall not be tolerated and that Awesome Africa Tours and Adventures, its employees, representatives, agents and/or contractors being so authorised, reserve the right to exclude the client from the tour at any point therein in such circumstances.
• Awesome Africa Tours and Adventures reserves the right during a tour, to evaluate and asses a vehicle and the drivers skills while on 4x4 or off-road routes to determine if a client and vehicle is not proficient or capable to continue. Awesome Africa Tours and Adventures then reserves the right to exclude the client from specific 4x4 or off-road routes or obstacles, or from continuing with the tour at any point therein in such circumstances.
• Awesome Africa Tours and Adventures 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 tour price or any additional compensation in such instances.
• Exclusion or Termination of participation for a tour, route or obstacle will not result in any form of refund. The safety and well being of all vehicles, drivers and passengers is a priority to Awesome Africa Tours and Adventures.

WILDLIFE SIGHTINGS

• Due to the natural behaviour & movements of wildlife in their environment, Awesome Africa Tours and Adventures cannot guarantee that you will see all of the listing or variety of wildlife, especially the Big 5 or Big 7 possibilities during the tours.

POINTS OF INTEREST

• Awesome Africa Tours and Adventures cannot guarantee that all cultural, historical or landmark points of interest will be visited during the tour due to time constraints, weather conditions, road conditions and or different interests of participants etc. Some points of interest may also be on private property and restricted. The information regarding the points off Interest will still be shared on request with the participants of the tour etc.

ROUTES

• Awesome Africa Tours and Adventures can not guarantee that the advertised routes will always be followed. Due to the nature of some of these routes being gravel or 4x4 trails, weather conditions, road conditions and or fallen trees may result in a route not being passable. An alternate route keeping as close as possible to the original route will then be followed. This may result in not being able to travel along some mountain passes or pass by certain farm stalls or points of interest etc.

MARKETING

• Awesome Africa Tours and Adventures reserves the right to use any photographs and video taken by Awesome Africa Tours and Adventures staff or representatives during the tour for use in marketing or any other advertising material, and the client hereby consents to such use. The client further agrees that Awesome Africa Tours and Adventures shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to Awesome Africa Tours and Adventures.

FORCE MAJEURE

• Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of Awesome Africa Tours and Adventures may cause delays or alterations to the tour. Awesome Africa Tours and Adventures 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.
• On booking, the client shall be issued with a tour dossier and pre-departure information documents and guidelines to assist with creating an enjoyable and safe trip. It is the responsibility of the client to read and understand these documents before travelling.

INDEMNIFICATION AND EXCLUSION OF LIABILITY        

• If a client suffers from a pre-existing medical condition, the client should consult their physician before embarking on a tour or adventure activities. Such a client must also inform Awesome Africa Tours and Adventures of such pre-existing medical condition when booking a tour. Should these clients still participate in the tour and/or adventure activities, they indemnify Awesome Africa Tours and Adventures against any harm or adverse reactions suffered. Such clients must also ensure that they take along the necessary medication to treat such pre-existing medical conditions.
• Each client is required to read and sign the Indemnity for tours.