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Terms and Conditions of Mal d’Africa Safaris CC

  1. INTERPRETATION
    Standard terms and conditions of contract:
    1. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
    2. unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities ( corporate or incorporate ) and vice-versa;
    3. Mal d’Africa means Mal d’Africa Safaris CC, registered in South Africa under registration number 2003 / 046001 / 23
    4. "the client" means the person / s named who confirmed the booking and who contracts with Mal d’Africa on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to Mal d’Africa for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
    5. "services" means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa. Such services include hotel, lodge and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the afore going.
  2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
    All and any business or contracts undertaken or advice, information or services rendered by Mal d’Africa in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
  3. QUOTATION
    All quotations given by Mal d’Africa in connection with the services to a client shall be in writing and shall be inclusive of South African Value Added Tax ( if applicable ). Acceptance of any quotation by a client shall be in writing. Mal d’Africa reserves to itself the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies or increases levied by third party suppliers, such as airlines.
  4. BOOKING, PAYMENT AND CURRENCY FLUCTUATIONS
    1. To confirm a safari, you will be required to pay a 25% not refundable deposit of the total safari cost. The balance must be paid not later than 5 weeks prior to the safari departure.
    2. All cancellations must be made in writing and shall be effective only on the date on which the operator received the notice of cancellation.
    3. In case of cancellation the following percentages of the safari’s cost will be forfeited at different periods before departure:
      25% if cancellation takes place.
      50% if cancellation takes place 5 weeks before departure.
      75% if cancellation takes place 4 weeks before departure.
      100% if cancellation takes place 3 weeks before departure.
    4. No exceptions will be made regarding payments which are not done according to the terms and conditions of payment as stipulated in the above clause.
  5. ALTERATIONS TO ITINERARIES
    1. Mal d’Africa has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure , the definition of which including civil strife, industrial dispute, natural or nuclear disaster, war strike, riot, fire, adverse weather conditions, governmental interference or any other external circumstances beyond Mal d’Africa control.
    2. Any extra costs and expenses occasioned as a result of an alteration to or cancellation of itineraries as provided for in clause 5.a above shall be payable by the client on demand by Mal d’Africa.
    3. Mal d’Africa may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behavior of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause shall be payable by the client on demand.
  6. INSURANCE
    1. The client shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance cover in order to cover himself, his dependants and / or traveling companions for the duration of the booking for which he has reserved. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking reservation; repatriation expenses; emergency evacuation; medical expenses and personal injury; damage / theft / loss of personal baggage, money and goods.
      Mal d’Africa Safaris can assist clients with insurance requirements if needed.
    2. Under no circumstances shall Mal d’Africa, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, his dependants or traveling companions with regard to, but not limited to, the above eventualities. Clients will be charged directly for any emergency evacuation, repatriation and medical expenses be the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.
  7. VACCINATIONS & HEALTH
    1. It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases when traveling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which he is booked attend at his medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Mal d’Africa does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
    2. Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit to travel. Mal d’Africa will treat all information in the strictest confidence.
  8. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS
    1. The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants and traveling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveller’s cheques where applicable.
    2. Mal d’Africa does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, Mal d’Africa shall not be liable for any costs of whatsoever nature occasioned thereby.
  9. DISCLAIMER OF LIABILITY
  10. Mal d’Africa shall not be liable to the client for any claim of whatsoever nature in connection with the provision of the services ( whether in contract or delict ) and whether for damages for personal injury or to property , howsoever arising, including, but without limiting the generality of the aforesaid:-
    • any negligent act or omission or statement by Mal d’Africa, its servants or agents;
    • any grossly negligent act or omission or statement by Mal d’Africa, its servants or agents;
    unless such claim arises from the wilful misconduct of Mal d’Africa, its servants or agents;
  11. Mal d’Africa receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Mal d’Africa.
  12. Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Mal d’Africa shall under no circumstances whatever, be liable for any indirect or consequential loss / es, howsoever caused or suffered by the client.
  13. CONSENT TO RISKS ASSUMED
    The Client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk.
  14. AIR TRAVEL
    1. Air transportation will be economy class unless otherwise stated. The airfare and airport tax, which are quoted, are current and are subject to change without prior warning should the airline impose an increase in rates for any reason. Should the fare quoted not be available at the time of booking the next applicable fare will be booked and amended costs advised accordingly. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Any increase in air fares shall be payable on demand by Mal d’Africa by the client.
    2. Mal d’Africa cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment in routing or itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Mal d’Africa on demand.
    3. Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Mal d’Africa cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
  15. CHILD POLICY
    1. A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided by Mal d’Africa.
    2. Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking.
    3. Certain accommodation establishments refuse permission to children under the age of 12 years or may have restrictions regarding activities, which children may partake in. This is at the discretion of the supplier and needs to be confirmed with Mal d’Africa at the time of booking. Mal d’Africa cannot be held liable for any changes to the suppliers’ child policy.
  16. DEFAULT BY CLIENT AND RECOVERY OF ATTORNEY AND OWN CLIENT COSTS
    1. Overdue amounts due by the client to Mal d’Africa shall bear interest at the prime rate of interest charged from time to time by ABSA Bank of South Africa Limited to its first class corporate clients, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings.
    2. A certificate by any duly authorized employee of Mal d’Africa or by any of its members shall be prima facie proof as to the outstanding amount due and payable by the client to it in terms hereof. Such certificate may be used by Mal d’Africa for the purposes of provisional sentence or summary judgment in any legal proceedings.
    3. In the event of Mal d’Africa incurring any legal costs pursuant to any breach by the client of any of its obligations, the client shall be liable for and pay Mal d’Africa’s costs thereby incurred, on the scale as between attorney and own client.
  17. APPLICABLE LAW
    These standard terms and conditions and all agreements entered into between Mal d’Africa and the client pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement / s where entered into.
  18. JURISDICTION
    1. Subject to the provisions of clause 15.c below, any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Cape of Good Hope Provincial Division of the High Court of South Africa, which shall have exclusive jurisdiction to hear and determine such legal proceedings.
    2. To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred in clause 15.a above.
    3. Notwithstanding the provisions of clause 15.a above, Mal d’Africa shall have the discretion to institute legal proceedings against a client in any Magistrate’s Court having jurisdiction in terms of Act no. 32 of 1944, as amended, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said Court.
  19. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
    No variation or alteration of these standard terms and conditions of contract shall be binding on Mal d’Africa unless embodied in a written document signed by Manuela Sanfelici. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
  20. NON-WAIVER
    No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppal against Mal d’Africa in respect of its rights herein, nor shall it operate so as to preclude Mal d’Africa thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
    The entire contract between Mal d’Africa Safaris and the client is contained in these conditions.
    No representation, term, warranty or condition expressed or implied shall be considered to be or to have been made or agreed or implied by reference to any other writing, advertisement or conversation.
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