Terms and Conditions
VICTORIA FALLS TOURS
TERMS AND CONDITIONS OF CONTRACT
As used herein , the words:
OPERATOR: Carries on business as a tour broker for Victoria Falls Tours and any other tour or tour operator, carrier or person appointed by Victoria Falls Tours to perform services in connection with the tour
CLIENT: The Client of the Operator and, in the case of a Group, each member of the Group
GROUP: Two or more persons who have been booked together for a tour as a group and may join with other group or groups
Protection of the Environment:
The CLIENT agrees and undertakes that whilst on tour 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 that those specified by the OPERATOR. Should the OPERATOR require no smoking, the CLIENT undertakes to abide by the OPERATORS decision.
The CLIENT undertakes to behave in a quiet and peaceful manner showing consideration to other CLIENTS and wildlife.
The CLIENT hereby agrees to all instructions given by the OPERATOR (whether given verbally, displayed on notices in vehicles, published in leaflets or other documentation) during the tour including:
To remain seated in vehicles whilst in motion
3.2. Not to exit vehicles or open windows in dangerous areas such as in game reserves
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
To take all safety measures to avoid fire hazards
To the precautions against sun and heat
Baggage and equipment:
The CLIENT warrants that neither his/her baggage, equipment or other goods which the OPERATOR is to transport contains any inflammable, 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.
CLIENT’S Health and Documentation:
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 tour. 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 tour.
Risks, hazard and dangers:
The CLIENT understands and appreciates fully the fact that there are risks, hazards and dangers involved or may be encountered during the tour.
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 baboons etc. may be encountered whilst on tour. (Each CLIENT must be alert to these potential dangers).
Rivers and dams may contain bilharzias and sickness may result upon entry to such waters. Swimming, bathing and washing in certain rivers and dams must be avoided.
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).
The CLIENT acknowledges the potential risks and dangers and hereby voluntarily assumes the risk inherent in taking part in the tour.
The OPERATOR shall be under no liability to the client for any claims which may arise in respect of or in connection with the tour and the CLIENT hereby renounces for himself, members of his group and dependents 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, member of his/her group and his/her dependents or to persons who, expect 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.
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 caused.
Whilst the OPERATOR will endeavour to ensure that all anticipated transport and other available services are available as planned, there shall be no claim of any nature whatsoever against the OPERATOR for a refund, either in whole or part or of any other claim of any nature whatsoever including consequential damages as a consequence of any transport or other facility attached to the tour not being available. For example: industrial action; adverse weather; flooding; road access and such.
All exclusions or limitations of liability claimable by the OPERATOR shall apply equally to and may be claimed by agents and representatives of the OPERATOR as fully and as effectually as if they were the OPERATOR
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. The outsourced TOUR GUIDE/TOUR GUIDE/DRIVER using his/her own vehicle 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 outsourced OPERATOR/TOUR GUIDE/DRIVER or paid to the OPERATOR/ TOUR GUIDE/ DRIVER 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.
9.1. The CLIENT hereby indemnifies and holds harmless the OPERATOR:
Against any claim which may be made by the CLIENT ‘S dependents or any other member of his group against the OPERATOR; and
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 a game parks, museums and historical sites to confirm with game park regulations, museums and historical site regulations and customs. If the CLIENT is restrained and is unable to continue the tour for any reason whatsoever by the authorities in any country, he/she shall have no claim for further carriage or rebate against the OPERATOR.
Booking and Payment:
To confirm a reservation a deposit or such an amount as advised by the OPERATOR must be received by the OPERATOR within seven days of the telephone, mail or other written confirmation of the booking. Payment in full is due as advised by the OPERATOR prior to the start of the reservation.
Payments of all amounts due to the OPERATOR shall be made free of exchange and any other charges at the OPERATORS 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.
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 an invoice indicating the amount due/ 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.
The CLIENT having placed his/her booking shall not be entitled to withdraw or cancel the same without the operator’s written consent first hand and obtained thereto (Clause 13).
Cape of Good Hope Tours includes transportation with vehicles, tour guides and other services 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.
We accept payments via Direct transfer (EFT); Credit card payments and by secure Credit Card payment facility through Virtual Card Services (Pty) Ltd.
These options and link would be sent to you when payment is due. Credit card accepted Visa
We accept cash payments but acceptance thereof are to be advised and confirmed by the Operator via email or in writing.
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 tour. In these circumstances the CLIENT or any memberof 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.
Early Termination and Deviations:
12.1 If for any reason, including illness or injury, the CLIENT no longer wishes to continue with the tour, 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 consequences 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.
12.2. The OPERATOR considers that the content 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.
12.3. It is important to note that during the course of a tour, weather, road conditions, mechanical breakdown or any other unforeseen reasons beyond the control of the OPERATOR can influence the performance of the tour.
13.1. Cancellation more than 45 days before departure -25% of the fees will be forfeited.
13.2. Cancellation 15 to 45 days before departure - 50% of the fees will be forfeited.
13.3. Cancellation 2 to 14 days before departure – 75% of the fees will be forfeited.
13.4 Cancellation on day of tour booking – 100% of the fees will be forfeited.
13.4. This cancellation policy must be read in conjunction with the Terms and Conditions of the service provider, and in some instances, the terms and conditions of such a service provider may take precedence.