1.1. OverlandingAfrica.com provides clients with travel and/or other services as an agent for and on behalf of principals and/or other agents engaged in or associated with the travel industry, including inter alia, airlines, tour operators, hotels, shipping companies, car hire and other providers of air, land, sea or any other travel arrangements, products or services (collectively hereinafter referred to as "the suppliers"). OverlandingAfrica.com will provide, on request, the identity, terms and conditions of the suppliers relevant to the service being provided for your booking.
2.1. OverlandingAfrica.com represents airlines, tour operators, service suppliers and other travel organizations as an agent only and accordingly, on receipt by OverlandingAfrica.com of any booking (which booking shall be deemed to constitute your acceptance of these terms and conditions) OverlandingAfrica.com shall transmit any such booking to the supplier concerned and endeavour to secure all reservations and arrangements promptly.
2.2. All vouchers, receipts and tickets are issued subject to the terms and conditions specified by the suppliers. Acceptance of the vouchers or tickets and/or utilising the services comprising any OverlandingAfrica.com tour or package is deemed to constitute your acceptance of the suppliers' terms and conditions.
2.3. Whilst OverlandingAfrica.com will take reasonable steps to secure your reservations promptly and to ensure your comfort and safety, participation in any tours or packages offered by the suppliers (including transportation to and from any venues) is at your own risk. Accordingly, you and any person on whose behalf you have booked, will have no claims (whether for loss, damage, injury, accident, delay or inconvenience to any person and/or their luggage or other property) against OverlandingAfrica.com, its employees agents and assigns (including any holding, parent, subsidiary, affiliated or associated company or any representative thereof), howsoever such loss may occur and whether the same shall arise from or be occasioned by the negligence of the indemnified parties or otherwise.
2.4. The suppliers may be indemnified against any liability for any damage or loss (howsoever arising) that you may suffer in that they act as agents themselves or have contracted out of liability and it is therefore recommended that you take out adequate insurance cover.
3. Bookings, Change of Arrangements, Routes and Prices
3.1. "The booking" or "the reservation" refers to part or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a client with the suppliers, and excludes services of a peripheral nature as described or similar to those described in Clause 6.
3.2. OverlandingAfrica.com will endeavour to promptly confirm the status of any booking in writing. Where OverlandingAfrica.com is unable to do so, failure to provide written confirmation shall not negate the validity and/or conditions of the booking, nor will OverlandingAfrica.com's failure to do so constitute an act of negligence on its part.
3.3. In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of OverlandingAfrica.com, it is understood that expenses relating to such unscheduled extensions (e.g., hotel accommodation) will be for your account.
3.4. In the event that any supplier is unable to provide the service booked on your behalf, OverlandingAfrica.com will endeavour to offer you alternative arrangements of similar classification and in the same area, wherever possible. Should you be unwilling or unable to accept the alternative arrangements offered by OverlandingAfrica.com, any refunds to which you may be entitled is subject to the terms and conditions of the relevant supplier. Any refund in respect of any commission paid or payable to OverlandingAfrica.com shall be at the sole discretion of OverlandingAfrica.com.
3.5. Whilst every effort is made to adhere to the confirmed itineraries, OverlandingAfrica.com reserves the right to effect changes should this be deemed necessary. In such cases, where an alteration to the tour itinerary is necessitated by, for example, a change in weather conditions, this does not constitute any ground for a refund.
3.6. Unless full payment is due in terms of clause 4.2 hereunder at the time of making the booking, all bookings must be accompanied by a deposit equal to 30% of the quoted booking price or a guarantee for such amount made payable to OverlandingAfrica.com. Any such deposit is strictly non-refundable. The deposit constitutes part of the booking conditions and OverlandingAfrica.com reserves the right, without prejudice to any other rights that it may have, to cancel any booking in the event of the deposit or any part thereof not being received by the due date specified therefore.
3.7. The quoted booking price is based on tour prices, fares, hotel prices, land costs and other relevant costs prevailing at the date of OverlandingAfrica.com's quotation. You agree that in the event of there being any increase in any such costs prior to receipt by OverlandingAfrica.com of the final payment as contemplated in clause 4.1 below, such increase shall be for your account (unless otherwise agreed to by OverlandingAfrica.com or the supplier concerned) and shall be payable, without deduction or set-off, simultaneously with the final payment contemplated in clause 4.1 below.
3.8. Any increase in the booking price occasioned by the fluctuation in rates of exchange between the date of quotation and the date of final payment in terms of clause 4.1 below shall similarly be for your account. Any increase occasioned by the fluctuation in the rates of exchange shall be payable, without deduction or set-off, simultaneously with the final payment contemplated in clause 4.1 below.
4. Payment and additional charges
4.1. Final payment for any booking must be irrevocably credited to the account of OverlandingAfrica.com at least 60 days prior to the date of departure, unless specific arrangements have been made with and confirmed in writing by OverlandingAfrica.com.
4.2. Any bookings made less than 60 days prior to the departure date must be accompanied by the full quoted and confirmed price, unless otherwise agreed to in writing by OverlandingAfrica.com.
4.3. Final invoicing is based upon the quoted and confirmed price, less any deposit paid, plus any additional charges (including but not limited to any disbursements incurred by OverlandingAfrica.com for and on your behalf) that may have accrued in terms of this agreement. Payment of any such invoice and/or statement must be made in full, without deduction or set-off, on the due date therefore, notwithstanding cancellation of all or any part of the services booked by OverlandingAfrica.com.
4.4. Interest at 2% above the current prime bank overdraft rate will automatically be applied to all overdue amounts.
4.5. Aside from passport, visa and other peripheral service fees (additional fees) as contemplated in clause 6 hereunder, OverlandingAfrica.com reserves the right to claim the late booking charges, communications, consultation, administration and amendment fees where applicable.
5.1. OverlandingAfrica.com recommends that you (and each member of your party) obtain comprehensive travel insurance covering cancellation, curtailment, medical expenses, emergency travel, and personal accident, personal baggage and money loss. This should be arranged at the time of payment of the deposit in terms of clause 3.6 or full payment in terms of clause 4.2 to cover you for cancellation from that time. You acknowledge that it is your responsibility to take travel insurance and that the cost thereof will be for your account.
5.2. It is your responsibility to ensure that adequate insurance cover is obtained and OverlandingAfrica.com will not be liable in any way whatsoever should you fail to do so.
6. Peripheral Requirements
6.1. OverlandingAfrica.com will endeavour to assist you in obtaining or meeting the requirements for passports, visas, health documents, insurance, use of credit cards, customs and immigration regulations as well as other peripheral requirements or services falling outside the actual travel arrangements made with the suppliers and referred to as "the booking" or "the reservation", Notwithstanding the afore mentioned, due to the constant changing nature of such peripheral requirements and services, OverlandingAfrica.com will not be liable for ensuring that these requirements and services are provided correctly, promptly or at all, nor the accuracy of any information or any lack of information relating to such requirements and/or services.
7.1. OverlandingAfrica.com will endeavour to provide the services required by the customer, but in the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of you, OverlandingAfrica.com reserves the right to claim the services, administration, communication and cancellation charges which will include, but not be limited to, any charges levied by any supplier against OverlandingAfrica.com in respect of such booking.
7.2. Cancellation of a booking must be made in writing. You agree that if the cancellation is received:
7.2.1. Eight or more weeks prior to the departure date, 70% (seventy percent) of the total confirmed price for the booking plus any increases thereon (if any) in terms of clauses 3.7 and 3.8 above ("the total vacation costs") will be refunded to you;
7.2.2. more than four but less than eight weeks prior to the departure date, 45% (forty five percent) of the total vacation costs will be refunded to you; and
7.2.3. less than four weeks prior to the departure date, the total vacation costs will be forfeited by you.
7.3. Any cancellation of any air ticket for and on your behalf will be subject to the relevant airlines applicable terms and conditions applicable to the fare type chosen by you. You acknowledge and agree that any cancelled airline tickets presented for refund will be subject to delays of at least 8 weeks. OverlandingAfrica.com will endeavour to expedite any such refund owing to you but will only be obliged to refund any such amounts to you on receipt thereof from the relevant airline.
7.4. OverlandingAfrica.com reserves the right to discontinue and summarily cancel any booking in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand.
8. Interpretation, Law Applicable and Jurisdiction
8.1. Words implying the singular shall include the plural and vice versa. Words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa.
8.2. This agreement is governed by the laws of the Republic of South African and you hereby submit to the non-exclusive jurisdiction of the South African Courts.
8.3. The parties agree that save to the extent stated in this Agreement, no conditions, warranties or representation, whether oral or written and whether express or implied whether by statute or otherwise, shall apply hereto
8.4. No indulgence, leniency, or extension of time which OverlandingAfrica.com may grant or show to you shall in any way prejudice OverlandingAfrica.com or preclude OverlandingAfrica.com from exercising any of its rights against you in the future
8.5. The Parties hereby consent to the jurisdiction of the appropriate Magistrate's Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business.
8.6. This document reflects the only and full agreement between you and OverlandingAfrica.com and any variation and/or extension thereof shall not be valid unless agreed to both by the Parties in writing.
8.7. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by OverlandingAfrica.com, this document will always have preference.
OverlandingAfrica.com acts as an agent only and is not liable for any loss, damage, accident, delay or inconvenience caused by the principal.
Commenting is not available in this channel entry.
- Minette - OverlandingAfrica.com20 Jan 2012
Hi Colin; Most trip have a minimum age of 18 years however we do have family trips available where the minimum age allowed is 6 years. For older folk; we can take anyone really as long as they are fit; healthy; flexible and understand the nature of overland trips then all is welcome aboard! For folk who are over the age of 60 years; we require a doctors letter stating that you are fit enough to partake in an overland tour. Cheers!
- Colin Alagich19 Jan 2012
Do you have an age limit on your trips?
- Dayne - OverlandingAfrica.com05 Jan 2011
Hi Mike; The tour does not include flights. The tour price is only for your tour from Johannesburg to Nairobi. You flights are for your own account. Cheers
- Mike Goss05 Jan 2011
I am interested in the Northern Express. Do we have to find our own way to Johannesburg or is there a certain destination we all meet and then fly to South Africa?
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