1. Definitions Africa Insight (Pty) Ltd is hereinafter referred to as “the Company”. “You” hereinafter refers to those persons to whom the invoice from the Company is addressed, or those parties named or unnamed, to whom the invoice relates. The “programme” hereinafter refers to any product or service booked by you through the company. $ Symbol refers to US dollars.
2. Scope These terms and conditions govern the relationship between the Company and you, to the total exclusion of any other terms and conditions. No alteration to the terms and conditions may be made by any of the Company employees, authorized representatives or agents, unless in writing by an authorized officer of the Company. All decisions and matters subject to the Company's discretion shall be made by an authorized officer of the Company. It is the sole responsibility of the persons named on the invoice to ensure that all persons to whom the invoice relates are aware of and understand these terms and conditions. It is imperative that you read carefully and fully understand all aspects of the Terms & Conditions before booking a programme.
3. Reservations and payments 3.1 Reservations can be made by contacting the company through our office in Gaborone, Botswana. See also (14) if booking through a travel agent. 3.2 For all Day Tours and Weekend Getaways as described on our website, receipt of full payment is confirmation of your reservation. This payment is due within 48 hours of making a reservation and a minimum of 48 hours before departure. All other programmes are booked and confirmed only on receipt of a 50% advance payment of the basic programme rate. This advance payment is due within fourteen (14) days of making the reservation. There shall be no binding contract until the advance payment has been received by the Company. Failure to remit your advance payment on time will result in an automatic change of status of any confirmed space to a provisional basis and the possible inability to reinstate your reservation. 3.3 When the Company receives your advance payment, a booking reference number (invoice number) will be assigned. Assignment of this number shall be deemed to constitute acceptance and confirmation of the booking. The payment of the advance payment or any other partial payment for a reservation on a programme constitutes consent to all provisions of the conditions and general information contained in the Company's brochures, invoice and travel documents. 3.4 Unless alternative arrangements are made, the balance is due no later than forty five (45) days prior to commencement of the programme. If the balance has not been received by that date, the Company shall be entitled at its discretion to treat your reservation as cancelled, and consequently to forfeit such part of the advance payment as determined solely by the Company. 3.5 Any reservation made within sixty (60) days of commencement of a programme may be accepted provided space is available, payment in full is received, and provided that documents can be delivered prior to departure. 3.6 The Company will not provide tickets, coupons, vouchers or documents until full payment has been received by the Company. 3.7 The Company will not accept responsibility for wire transfer, bank and/or overnight mail charges. 3.8 No client will be permitted into the field without payment in full being received by the Company. 3.9 Special airfares are capacity controlled and often sold out months in advance. In addition, many accommodations offered by the Company have limited capacity. It is essential to make reservations well in advance to ensure your preferred arrangements. 3.10 Unless otherwise stated on a specific quotation, all prices are inclusive of VAT at the prevailing rate. 3.11 Unless otherwise stated, all quotations from the company are valid for 30 days.
4. Cancellations and Refunds – FIT Bookings (See 17 for Groups) 4.1 Any cancellation of a booking must be in writing and shall only be effective upon its acknowledged receipt by the Company. Cancellation charges shall apply in the following circumstances: •Cancellation 121 days or more prior to programme starting date is subject to a $150 fee per person. •Cancellation 120 to 61 days prior to programme starting date, full advance payment is forfeited. •Cancellation 60 to 31 days prior to programme starting date, 50% of total programme cost is forfeited. •Cancellation 30 days or less prior to programme starting date and "no shows," total programme cost is forfeited to include handling fees and liquidated damages for the Company. 4.2 If you are a "no show," the Company shall be entitled to treat your reservation as cancelled without having given the Company any notice, and the provisions of Paragraph 4.1 shall apply. 4.3 Any request to amend or change a booking once it has been confirmed may be accommodated subject to space availability. If the Company is able to assist, an administrative fee may be charged, depending on the nature of the change. These fees will be added to your final invoice. 4.4 No refunds are given (1) for lost travel time or substitution of facilities, (2) for itineraries amended after departure, (3) for circumstances arising beyond the Company's control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of your programme, (4) if you do not appear for any accommodation, service, sightseeing or programme segment, or (5) if you leave your programme after it has begun.
5. Third Party Bookings 5.1 The Company may act as booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services. Each of these companies is an independent operator with its own management and is not subject to the control of the Company. 5.2 All bookings made with third parties are accepted by the Company as agent for these independent operators. The transportation, accommodations and other services provided by the independent operators are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers. Because the Company does not have the right to control the operations of the independent operators and their suppliers, it cannot be liable for any personal injury or property damage which may arise out of these services. The Company reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, and to pass on to you any expenditure incurred by delays or events beyond its control. In case of any appreciable variation in its cost, the Company reserves the right to adjust its rates. 5.3 International carriage by Land, Sea and Air is subject to the terms and conditions of the carrier with whom you travel and to international conventions some of which may limit liability. Travel is also subject to operational decisions of carriers, air and sea ports, and land border posts which may result in cancellations, delays or diversions, over which the Company has no control and for which the Company accepts no liability whatsoever. 5.4 Temporary or permanent loss of baggage is the responsibility of you or your carrier. 5.5 The passenger contract in use by the carrier concerned shall constitute the sole contract between the carrier and you.
6. Risks 6.1 The Company draws your attention to the fact that there are certain inherent risks involved in participating in the type of programmes sold by the Company. The Company will ask you to sign a Release to acknowledge this warning and also to release and hold harmless the Company from any damages that may result. 6.2 It is your sole responsibility to take all appropriate medical advice prior to departure as to whether or not you are fit enough to undertake the programme booked. The Company shall not be liable for illness, injury or death sustained on a programme sold by the Company which is not due to the gross negligence of the Company, its officers, employees, authorized representatives or agents whomsoever.
7. Force Majeure 7.1 "Force Majeure" means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences). 7.2 If the Company is affected by Force Majeure it shall forthwith notify you of the nature and extent thereof. 7.3 The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, 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. 7.4 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 programme. Payment of any refund by the Company to you as a result of the non-performance of any of the Company's obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavours to reimburse you where possible. However, the Company shall be entitled to deduct from any refund the reasonable actual and potential costs to the Company of the Force Majeure. 7.5 Regarding civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company's sole and absolute discretion whether to proceed with the programme. You may in such circumstances cancel the programme. However, if, after having made all reasonable and proper inquiries, the Company is of the opinion that the programme may proceed, no refund will be payable to you and the provisions of Paragraph 4 shall apply.
8. Insurance Having a valid personal travel insurance policy is a condition of booking a programme with The Company. Your personal travel insurance policy should cover the following: • Accidental death and disability • Major Medical • Emergency medical evacuation • Loss of personal effects • Trip cancellation The Company carries the required insurances for the conduct of our business, including public and passanger liability insurances upto P5M. Certificates are available for inspection on request.
9. Surcharges & Exchange Rates 9.1 Although the Company hopes that it will not need to levy surcharges it reserves the right to do so on the invoice amount, if this becomes necessary. The Company will endeavour to notify you in writing as soon as it is aware of any likely surcharge, and you must pay the amount of such surcharge no later than fourteen (14) days after written notification has been received (depending on the circumstances). If the surcharge is not paid within such time, the Company may construe such non-payment as an act of cancellation on your part and the provisions of Clause 4 shall apply. 9.2 Rates used in the programmes are based on tariffs and exchange rates valid at the time of printing. Should a rate vary against the US Dollar by more than 3%, the Company reserves the right to recalculate the programme cost and apply the differential as a surcharge. Any refund made by the Company shall be in its sole and absolute discretion. 9.3 All rates are calculated in BWP (Botswana Pula). Prices quoted in USD, or any other currency, are for your convenience only. Should exchange rates vary the provisions of Paragraph 9.2 shall apply.
10. Travel Documents and Vaccinations It is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license, or other documentation required for the programme are obtained and are in order. It is your responsibility to meet any additional costs incurred either by yourself (or by the Company on your behalf) as a result of any failure by you to comply with such requirements.
11. Special Requests You must advise the Company in writing of any special requests; e.g., diet, facility or physical disability, when you submit your reservation request to the Company. The Company will meet such requests if possible.
12. Marketing Information 12.1 All information given in the Company's brochure and website is, to the best of the Company's knowledge, correct at the time of going to press but the Company reserves the right to change same. The photographs reproduced and information provided in the brochure depict typical scenes experienced and details on each destination, but the subject matter may not necessarily be seen or experienced while visiting that destination. 12.2 The Company reserves the right without further notice to make use of any photography or film taken on the programme by our staff for general marketing purposes without payment or permission. 12.3 The Company reserves the right without further notice to make use of any photography or film taken on the programme by you and that is supplied by you to the company solicited or unsolicited, for general marketing purposes without payment. Supply of this meaterial by you to the company is deemed as permission to use same, unless specifically stated to the contrary.
13. Disputes If you have any cause for complaint while travelling, you must immediately bring it to the attention of the Company's local representative or agent who will attempt to resolve the situation. Any unresolved complaint must be received by the company in writing no later than 7 days from the date your programme ends. No complaints received after this date will be entertained by the company.
14. Travel Agents 14.1 Your travel agent will forward advance payments to us on your behalf. Since your agent is not our agent for the purpose of receipt of monies, there is no liability on our part unless and until we notify you that monies paid have been received by us. A Booking Confirmation Number is issued to your agent upon receipt of their payment on your behalf. 14.2 To facilitate the reservations process for you, the Company requests your booking agent to provide you with thorough communications pertaining to your booking. Your agent should assist and inform you on matters such as required documentation, payment schedules and cancellation policies.
15. Compliance and Capacity You shall comply with the instructions of the Company's representatives at all times. No Client shall be accepted or be permitted to continue on a programme while their status or mental or physical condition is, in the opinion of any representative of the Company, such as to render them incapable of caring for themselves; make themselves objectionable to other Clients; become a hazard to themselves or other Clients. The Company will not be responsible for expenses incurred by such persons precluded from completing the programme for any of these reasons.
16. Jurisdiction and Enforceability When you book a programme with the Company, you are entering into a binding agreement that assumes all terms and conditions are fully understood as stated in this document. This contract is governed by and subject solely to the laws of the Republic of Botswana.
17. Groups 17.1 A group booking is defined as any booking of 10 or more persons per night (or per day in the case of day trips where no overnight accommodation is included in the programme). 17.2 Cancellation fees are to be paid per person per night booked (or per person per day booked where no overnight accommodation is included in the programme). 17.3 Full payment of the booking is required 45 days prior to travel unless otherwise arranged with specific groups. •Cancellation 121 days or more prior to programme starting date is subject to 20% of programme cost. •Cancellation 120 to 91 days prior to programme starting date is subject to 30% of programme cost. •Cancellation 90 to 31 days prior to programme starting date, is subject to 50% of programme cost. •Cancellation 30 days or less prior to programme starting date and "no shows," total costs are forfeited.
18. Child Policy Minors are the sole responsibility of their parent/guardian. Unaccompanied children will not be accepted. We do not provide child safety seats in our vehicles but will gladly strap these in when provided by parents and when physically possible. Please enquire prior to making your booking as many of the accommodations that the company books do not themselves accept children. Prices for children depend on the specific itinerary booked and are calculated on an individual basis.