In these Terms & Conditions, the ‘Company’ shall mean Bokbus cc; a company registered according to the company laws of the Republic of South Africa. The ‘Client’ shall mean the person who has signed a booking form as the Lead Booking Name and each person named in the booking form. The ‘Agent’ shall mean the company, who has signed an Agent’s Contract and is booking a Client to travel with Bokbus.
There shall be no binding contract between the Company and the Client until the following three conditions are met:
1.1. the Company Booking Form has been signed
1.2. the 20% deposit has been paid (or the deposit amount as agreed upon in the Agent Contract)
1.3. the booking terms and conditions have been confirmed by the Client
There shall be no binding contract between the Company and the Agent until the following two conditions have been met:
1.4. the Agent Contract has been signed
1.5. the booking terms and conditions have been confirmed by the Agent
2.1. A deposit of 20% from each Client is required when submitting the application form to confirm a booking, unless otherwise agreed in the Agent Contract.
2.2. The full amount due by the Client to the Company, shall be payable not less than 14 days prior to the date of departure/start of services. No Client will be permitted to commence any itinerary without payment in full being received by the Company. If the full amount is not received, the Company shall be entitled in its discretion to treat the reservation as cancelled, and consequently to forfeit such part of the advance payment as determined solely by the Company. Late applicants may join the tour based on accommodation availability.
2.3. If the company accepts payment by Credit Card from an Agent or Client, a 6% surcharge will be added to the total price on American Express; a 5% surcharge will be added for Visa and Master Cards.
3.1. Any cancellation of a booking by a Client or Agent, must be in writing and shall only be effective upon its acknowledged receipt by the Company. The date on which the Company receives the correspondence or a company recognised Agent, will determine the cancellation charge, if any.
3.2. Cancellation charges will be incurred as follows:
3.2.1. 21days to 45 days prior to departure: 30% of the total rate
3.2.2. 14 days to 20 days prior to departure: 50% of the total rate
3.2.3. 8 days to 13 days prior to departure 80% of the total rate
3.2.4. less than 8 days prior to departure: 100% of the total rate
4. Changes and Alterations
4.1. “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but not limited to, acts of God, explosion, flood, fire, war or threat of war, sabotage, civil disturbance, quarantine, government intervention, weather conditions or other unexpected occurrences).
4.2. The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the 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.
4.3. If the Company 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 tour or safari.
4.4. No refunds are given for circumstances arising beyond the Company’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the tour or safari.
4.5. In the unlikely event of a vehicle breakdown that is beyond the Company’s control and immediate repair, the Company will arrange to have the spare part sent to the current location in the fastest possible time. The Company reserves the right to alter the itinerary accordingly in order to make up any time lost due to any unforeseen circumstances.
4.6. The company reserves the right to cancel the tour without prior notification and in such an event only agrees to refund all monies already paid and received from the Client.
5.1. Travel and cancellation insurance is mandatory for every Client. All insurance is solely the responsibility of the Client. Before a Client commences a tour, he/she should arrange his/her own insurance with protection for the full duration of the travel, to cover personal injury, medical expenses, repatriation expenses and loss of luggage. If a Client falls ill, all hospital expenses, medical expenses, doctor’s fees and repatriation costs are the Client’s responsibility and the Company shall not be liable for any refund of the tour rate whatsoever.
5.2. The carriage and storage of all baggage and personal effects are at all times the Client’s risk and the Company will not accept any liability for any loss or damage of baggage or personal effects.
The Client hereby acknowledges, confirms and records that he/she understands the risk inherent in adventure travel in African destinations and associated activities.
The Client is accepted onto the tour and undertakes to do the tour, travel or activity at his/her own risk. The client agrees and concedes that the Company, its representatives and employees shall not be responsible for loss or damage to possessions, or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever, unless directly caused by the Company’s negligence.
The client shall acknowledge an awareness of the proposed itinerary and shall confirm that he or she is medically fit, in good physical and mental health and is able to embark on the tour. Any client with a pre-existing medical condition or illness must declare the true nature of such a condition to the Company before the commencement of the tour. Any failure to declare may result in the cancellation of his/her booking.
8. Claims and Complaints
In the unlikely event that the client has a complaint against the company, the Company must be informed immediately, in order that an opportunity is afforded to the company to investigate the situation and provide redress. If the client has any further complaints, these must be lodged in writing to the Company within 1 month of the tour end date. If these procedures are not followed, the Company will not start or continue any such investigation of said complaint.
9. Company Responsibility and Rights
The information in any brochure and printed itineraries is given in good faith by the Company, and is based on the latest information available to the Company. Printed itineraries serve as a guideline only. The company reserves the right to change the facilities or transport described in any publication without being liable for any compensation or refund.
10. The Company Authority
Any decision made by the tour guide, acting as a Company representative, shall be deemed final on all matters. The company shall not be responsible or liable for any client who commits an illegal or unlawful act in any country visited, or the consequences of such an illegal act. The client may in such circumstances be excluded from the tour without a refund, at the sole discretion of the Company or Company representative. If the Company considers a client unsuitable for a tour (due to mental or physical illness or implied danger to any other Client or Company representative) it may at its sole discretion decline to carry the Client further. If a Client causes severe inconvenience or annoyance to other Clients, the Company may decline to carry the client further, without any refund whatsoever. This will only occur after extensive intervention by the tour guide or Company representative.
11. Client Responsibility
11.1. It is the Client’s sole responsibility to ensure that passports, visas, travel permits and inoculations required for the tour, are obtained well in advance and are in order in terms of all the countries to be visited. It is the Client’s responsibility to meet any additional costs incurred either by the Client (or by the Company on the Client’s behalf) as a result of any failure by the Client to comply with such requirements. The Company may not be held liable for any failure on the part of a client to be in possession of the correct travel documentation.
11.2. The onus is on the Client concerned to fully acquaint themselves with the Terms and Conditions set herein and all matters such as visas, required documentation, payment schedules and cancellation policies.