Terms and Conditions

XA African Safaris Terms and Conditions

  1. GENERAL
    Clients are advised to thoroughly read these General Terms and Conditions and to note, in particular, those provisions regarding the assumptions of risk and/or liability as well as limitations and exclusion of liabilities, obligations and legal responsibilities (which have been highlighted in bold).

    1. XA African Safaris CC (hereinafter referred to as “the Company”) runs and organises safaris and tailor-made wildlife tours throughout Africa (hereinafter referred to as “the Services”).
    2. The provisions of the Services are subject to the Company’s General Terms and Conditions set out below, which clients and/or agents, as the case may be (hereinafter referred to as “the Clients”) should read carefully as they set out the respective obligations of the Company and the Clients and form, together with the Booking Confirmation and the tour itinerary, the basis of the agreement between the two parties (the “Agreement”).
    3. By accepting the Company’s Booking Confirmation, the Clients warrant that (i) they possess the legal authority to conclude a binding contract; (ii) where they act for or on behalf of another party, they are duly authorised to act for that party; and (iii) they confirm acceptance of the terms and conditions contemplated in the Agreement.
    4. The Clients acknowledge that conditions in Africa are not the same as those in developed countries and standards of service, medical facilities, safety and security (amongst other things) may be lower than those in their home countries. The Clients further acknowledge the importance of being fit and healthy before travelling and undertake to ensure (and where appropriate seek medical advice to confirm) that they are fit and healthy to travel.
    5. For groups of two or more people, the person who makes the booking, by signing the Reservation Booking Form or otherwise contracting with the Company, accepts responsibility for (i) making payments to the Company for all members of the party; and (ii) ensuring that other persons in the group are aware of the terms and conditions contemplated in the Agreement.
  2. QUOTATIONS/OPTIONS/BOOKINGS/CHANGES

    1. All quotes are subject to the availability of all Services, accommodation and flights at the time of making the reservation.
    2. The airline or flight quotes are estimates only and are subject to change until the issuing of the ticket.
    3. All prices quoted are subject to change in the event of any unforeseen increases in fuel and/or travel costs brought about by factors including (but not limited to) fluctuations in currency exchange rates (in particular as they impact the price of aircraft or other transfer services), government levies, value added tax (“VAT”), other taxes and any other industry increases that are beyond the control of the Company.
    4. Quotes for all Services will be reflected in United States Dollars (“USD”), South African Rand (“ZAR”) or Euros, depending on the respective jurisdiction in which the underlying Services will be carried out.
      1. all Services for Botswana, the Democratic Republic of the Congo, Kenya, Mozambique, Rwanda, Tanzania, Uganda, Zambia and Zimbabwe will be quoted in USD.
      2. all services for North Island (Seychelles), Seychelles and West African Services will be quoted in Euros; and
      3. all Services in South Africa (with the exception of Mala Mala) and Namibia will be quoted in ZAR.
    5. When providing quotes for regional and/or domestic air travel, the currency will be determined with reference to, amongst other things, the specific airlines involved, the relevant tax rulings and applicable routings.
    6. Where the Client makes payment of an invoice in a currency other than in the currency quoted in the invoice, the currency conversion must be contracted by the Company at a rate of exchange as determined by the Company taking into account the prevailing exchange rate (which rate of exchange can only be determined on the date of payment of the invoice).
    7. The Client bears sole responsibility for contacting the Company to establish the rate of exchange in advance of payment. The contracted rate of exchange will be confirmed by the Company in writing to the Client by way of email or final invoice.
    8. The Client bears sole responsibility for ensuring that no changes in prices have taken place prior to making final payment.
  3. ITEMS NOT INCLUDED IN TOUR PRICES

    1. the costs of obtaining passports or visas or any other documents required for travel;
    2. personal expenses such as items of a personal nature, curios, shopping, telephone calls, spa treatments, gifts, laundry and room service;
    3. gratuities (discretionary tips) to your tour escort, camp staff, room steward / butler or driver/guides;
    4. excess baggage fees;
    5. communication charges;
    6. airport departure taxes;
    7. meals and beverages not specified in the Clients itinerary;
    8. all alcoholic beverages not specified in the Clients itinerary;
    9. any airfares (including scenic flights or hot air balloon flights) and charges unless where specifically mentioned otherwise in the Clients itinerary;
    10. additional road transfers, activities or excursions not specified within the Clients itinerary; and
    11. comprehensive travel insurance, curtailment, cancellation and medical insurance.
    12. any other extra costs in incurred by the Client at any lodge, hotel, camp or similiar destination.

For the avoidance of doubt it is specifically recorded that the costs of any of the items contemplated in this clause 3 shall be the responsibility of the Client and the Client undertakes to settle all such costs incurred with the relevant party.

  1. DEPOSITS AND PAYMENTS

    1. In order to secure a booking, the Company requires the Client to pay a non-refundable deposit. The non-refundable deposit will vary from 20% – 50%, and is ultimately dependent on the payment policies of the Company’s suppliers and service providers as well as whether the period of travel falls within peak/high season. The Company will confirm, by way of invoice, the amount of deposit to be paid by the Client.
    2. On receipt of an invoice, the Client must pay the non-refundable deposit into the Company’s ZAR account, USD account or Euro account (depending on the jurisdiction as set out in clause 2.4 above) within 5 (five) business days. A booking is not confirmed until the Company has received the non-refundable deposit.
    3. Payment must be made by either (i) international wire transfer, (ii) bank draft, (ii) debit card (provided that such debit card is a Visa or MasterCard), or (iv) credit card for travel and services quoted in ZAR).
    4. The Company must receive final payment by no later than 60 (sixty) calendar days prior to the date of departure as set out in the Client’s itinerary. If payment has not been received, the Company reserves the right to cancel the reservation in terms of the cancellation policy set out in clause 6 below.
    5. In the event that a booking is made within 60 (sixty) calendar days prior to the date of travel, full payment is required upon presentation of an invoice by the Company.
    6. Any and all charges incurred when making payment to the Company shall be borne by the Client, irrespective of mode or form of payment made, which includes a service fee of 3% plus 15% VAT (on the service fee) to be levied on the total card transaction value.
    7. All payments made in terms of this Agreement shall be payable free of all commission and any other exchange control costs incurred.
    8. If payment is not received in accordance with the Company’s payment policy above, the Company reserves the right to cancel the booking in accordance with the provisions of clause 6 below.
  2. RESERVATIONS PROCEDURE

    1. All reservations must be received in writing, either by fax or e-mail. If the Client does not receive confirmation of receipt of such reservation within 3 (three) business days, they are required to contact the office per telephone to ensure the reservation has been received.
    2. Office contact details:

Tel:         + 27 21 434 71 84

Fax:        + 27 (0) 86 547 17 55

E-mail:   lisa@xasafaris.com

    1. CANCELLATION POLICY
      Cancellations are subject to the following cancellation policy:

      1. If the Client wishes to cancel a tour, the following cancellation fees will apply:
        1. if between 61 (sixty-one) and 90 (ninety) calendar days before departure, the non – refundable deposit will be forfeited;
        2. if between 60 (sixty) and 40 (forty) calendar days before departure, 50% of the tour price will be payable; and
        3. if less than 39 (thirty-nine) calendar days before departure, the full amount of the tour price will be payable.
      2. Cancellations are only effective on receipt of written notification by the Company.
      3. The Client acknowledges and agrees that no refunds are given for lost travel time; substitution of facilities and/or accommodations; itinerary amendments after departure; not arriving at any accommodation, tour, game viewing or other booked activities; cutting short a booked itinerary for any reason; late arrival for the tour for any reason and/or early departure from the tour for any reason.
    2. AIR TRANSPORTATION

      1. Airfares are subject to the price and conditions quoted by each airline. The Company cannot guarantee these prices at the time of booking.
      2. Carriage by air is subject to the terms and conditions of the carrier with whom the Client is travelling as well as International Conventions, which may limit the liability of the carrier. The issuance and acceptance of tickets and documents shall be deemed to be a consent by the Client to the terms and conditions of the carrier.
      3. Any flight timing and carriers are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on the issued tickets.
      4. Airfares are subject to change without notice prior to ticketing. The Company is not responsible for any airline schedule or airfare changes, cancellations, over booking or damage or loss of baggage and property.
      5. Should any costs be incurred for flights missed for any reason whatsoever, the Client shall be liable for any such costs incurred.
      6. For flight bookings, the Company requires a copy of all passengers’ passports.
      7. Airlines require the full names and surnames as per the passenger’s passport in order to make a reservation.
      8. No airlines accept name changes once the reservation has been made, nor after the ticket is issued for security purposes.
      9. Airfares are subject to seat / class availability and rules, including discounted fares (if applicable) pertaining to advance purchase, cancellation and amendment penalties.
      10. Please note, the Company will always quote and confirm on best available economy class fare seats. All tickets unless otherwise requested are booked in Economy Class. Many domestic and regional flights do not offer a Business or First Class service.
      11. Where Business Class is available, there is not much difference compared to economy class due to the size of the aircraft and the comparatively short distances between destinations.
      12. Cancellation fees will be charged if applying for a refund on an issued ticket.
      13. Should a Client wish to book their Inter-Africa flights directly, the Company cannot be held liable for any cancellations, delays and/or missed connections.
      14. The Company and their suppliers shall not be held liable for any re-routings, delays or cancellations imposed by the airlines, but the Company will, however, endeavour to assist wherever it has booked a ticket. It is that guest have adequate travel insurance to cover any such eventualities. 
      15. If you are arriving in a country on the same day as your local flight to your first destination or have an international connection on the same day you return from your final destination, it is recommended that (i) domestic connecting flights should not be booked before 18:00 pm, and (ii) International connecting flights should not be booked before 20:00 pm. The Company shall not be held liable for any connections missed by the Client.
      16. Check in times vary between different countries and airline companies and it is the responsibility of the Client to ensure that they check in on time. The recommended check-in times listed below are merely indications and are subject to check in times of the airline, airport and/or country – which check in times take precedence over the recommended check-in times:
        1. bush airstrips: 30 minutes prior to departure;
        2. domestic flights: 90 minutes prior to departure; and
        3. international flights: 2 hours and 30 minutes prior to departure.
      17. Light aircraft transfers
        1. For all light aircraft transfers, passenger weights will be requested as part of the booking process. This information is required by all light aircraft transfer companies, for weight distribution and balancing of aircraft requirements.
        2. Passenger’s weighing 100 kg’s (220lbs) or more must please notify us in advance as an extra seat might have to be booked and costed into the booking.
    3. BAGGAGE

      1. For safety and because space is restricted, baggage in the charter aircrafts, used to transport guests to and from tour camps is restricted to a maximum of 20 kg per person in a soft bag ONLY. This includes camera equipment and carry-on baggage.
      2. Please note that the luggage, including camera equipment and hand luggage, is restricted to 20 kg’s (44 lbs) per person. The allowance is applicable to all Southern Africa flights.(Botswana, Namibia, Zambia, Zimbabwe & Mozambique).
      3. The allowance for scheduled charter flights in East Africa is 15 kg’s (33 lb).
      4. Only soft sided bags are permitted – no frames or rigid structures can be transported as they physically cannot fit into the aircraft. Wheels on a bag are permissible if they are not part of a solid frame or rigid structure.
      5. The maximum dimensions of the soft sided bags are as follows: 25 cm (10 inches) wide x 30 cm (12 inches) high x 62 xm (24 inches) long. These limits are applicable to guests travelling on a seat rate basis so may differ from company to company or if a guest has booked a sole use option, in which case the parameters may vary depending on the type of aircraft and number of passengers booked.
      6. Kindly advise the Company before your travel if you are likely to have excess baggage, and you will be advised if same is permitted.
      7. Should guests arrive with excess baggage without prior warning and permission, their baggage could be held (or forwarded to the exit point) for the flight at the end of the tour. The costs of such storage and/or “on forwarding” shall be payable by the Client.
      8. Particularly in respect of Uganda, Uganda Charters are based on a luggage weight restriction, which are the maximum restrictions that the particular airstrip can withhold. Please ensure that you are familiar with this restriction prior to departure.
    4. INSURANCE

      1. It is highly recommended, and in some cases mandatory, that all Clients take out full and comprehensive trip cancellation insurance for the duration of the tour. Such insurance should fully cover cancellation, curtailment, medical expenses, repatriation in the event of accident or illness or death, personal accident, loss of, damage to, or theft of the Clients’ personal property, baggage and money.
      2. The Company will not be held liable if a passenger fails to take out adequate insurance cover.
      3. The Company accepts no responsibility for any death, illness, delay, accident or loss of whatsoever nature incurred during the course of the tour or for any expense arising from such an event.
      4. The Client must further ensure that he/she has adequate insurance in the event of an accident occurring due to activities with a greater inherent risk, such as mountaineering, animal tracking on foot, white water rafting, and other activities of this nature.
      5. Theft, personal injury or any disruption to arrangements should be reported immediately to the Company and where necessary to the nearest police station.
    5. FORCE MAJEURE

      1. The Company cannot accept responsibility or pay any compensation where the performance or prompt performance of its contractual obligations is prevented or affected by any event which the Company or the supplier of the service (s) in question could not, with due care, foresee or avoid.
      2. Such events may include war or threat of war, riots, civil strikes, boarder closures, unexpected government acts, terrorist activity, industrial disputes, natural or nuclear disaster, extreme weather conditions, fire, technical and/or mechanical problems to transport, road closure, disease and/or other similar events outside the Company’s control.
    6. DANGERS POSED BY WILD ANIMALS

      1. Travellers are advised that, even in the most serene settings, the animals are wild and can pose a threat to life and safety.
      2. Travellers are cautioned to observe all local or park regulations and heed all instructions given by tour guides.
    7. WAIVER OF INDEMNITY

      1. Please note that due to the nature of the activities undertaken whilst on safari and because of the incidence of malaria in certain regions, all guests are required to sign an indemnity waiver where required by any camp, safari lodge or the like.
      2. Game Drive Vehicles (Safari)
        1. While visiting remote areas or national parks and reserves, the roads could be rough and bumpy and occasionally you will travel ‘off-road’. Sometimes a hidden pot-hole can be struck and the Company and the Company’s suppliers, their staff members, their associates and their agents cannot be held liable for any accidents or damages.
        2. For your own safety and that of the wildlife you will encounter, we recommended that you remain seated at all times, unless otherwise instructed by your guide. Wildlife see a game drive vehicle as one unit and when you stand up, you break the silhouette of the vehicle and this can disrupt or even scare the wildlife.
    8. DOCUMENTATION
      Passports, vaccinations, inoculations and re-entry permits:

      1. It is the responsibility of the Clients to obtain the correct and valid documentation for the country in which the Clients will travel.
      2. Should a Client be refused entry into the relevant country due to incorrect or incomplete documentation, the Company will not be held liable for any costs resulting in delays or repatriation for the participant or family.
      3. Clients are responsible to check that the names they provide to appear on the tickets coincide with the names on their passport.
      4. Every passenger must be in possession of a current passport valid for at least six months from date of arrival to the destination where the Services will be provided and have at least three blank consecutive visa pages (not endorsement pages).
      5. Every passenger must have a round trip airline ticket.
      6. Every passenger must have adequate funds for the duration of the stay.
      7. Obtaining a passport and health certificate with the required inoculations is the responsibility of the Client.
      8. All Clients are required to check the visa stamp in their passport when at the relevant immigration desk and to ensure that they have been given adequate travel days.
    9. MALARIA MEDICATION

      1. Many of the camps and lodges utilised are situated in malaria areas.
      2. It is highly recommended that all tour participants take a course of anti-malaria medication.
      3. You are advised to consult your doctor to ascertain whether anti-malaria medication is required.
    10. YELLOW FEVER VACCINATIONS

      1. There is currently no risk of yellow fever in Southern Africa (Botswana, Zambia, Namibia, South Africa, Mozambique), and proof of vaccination is only required for visitors arriving from or having transited through countries with risk of yellow fever transmission. As a precaution, visitors coming into Southern Africa (Botswana, Zambia, Namibia, South Africa, Mozambique) from the following South American or African countries must carry a yellow fever certificate:

        Africa
        Angola, Benin, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Republic of the Congo, Democratic Republic of Congo, Equatorial Guinea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Sudan, Togo and Uganda.

        South America and Central America
        Argentina, Bolivia, Brazil, Colombia, French Guyana, Panama, Paraguay, Peru, Surinam, Trinidad & Tobago and Venezuela.

      2. Inability to produce a valid certificate or medical waiver could result in the refused entry of a Client into a country. If a Client is unable to have the yellow fever vaccine, such Client will be required to carry a medical waiver stating the reason for this.
    11. MEDICAL CONDITIONS
      Clients are required to notify the Company of any medical condition including, but not limited, the need for a sleep apnoea machine, disabilities, any allergies (such as feathers, bee stings, nuts, shellfish, mushrooms and penicillin), intolerances (such as lactose) or dietary restrictions (such as gluten free and vegetarian). This information will be passed on to the relevant camps/lodges/hotels and the Client consents to such information being provided to the relevant camps/lodges/hotels. Guests are encouraged to bring their own epi-pens.

    12. SPECIAL REQUIREMENTS

      The Client is required to advise the Company well in advance of any specific dietary or religious requirements they may have, such as dietary restrictions or otherwise, in order for the Company to best accommodate them.

    13. TRAVELLING WITH MINORS

      Unabridged birth certificate

      1. All passengers under 18 (eighteen) years of age will need to produce a certified copy of an unabridged birth certificate along with a valid passport when entering, departing or transiting through South Africa and Botswana. Abbreviated versions or baptismal certificates are not accepted. This requirement applies to minors of all nationalities, whether travelling unaccompanied, with both parents, with one parent, with a guardian/s, or any another adult/s. A sworn translation (certified/authenticated) in English should accompany all documentation that is in a language other than English.
      2. In the event that only one parent is travelling with the child, the other parent’s affidavit consenting to such travel must be produced. However, an affidavit is not required if the minor’s father’s name does not appear on the child’s birth certificate.
      3. The following documents will be required when travelling to South Africa and Botswana with minors (18 years and under):
        1. a valid passport;
        2. a valid visa, if required;
        3. a unabridged birth certificate (see below); and
        4. a letter of consent from the other parent, should the minor be travelling with one parent.
      4. An ‘unabridged birth certificate’ must contain the following details:
        1. the particulars of the child/ren, including full names, date and place of birth, and gender; and
        2. the particulars of the parents, including full names, date and place of birth and their citizenship at the time of the birth.
      5. For single parents, or those travelling alone with their child/ren, the following must be provided:
        1. an affidavit (no more than 3 months old on the date of travel) in which the absent parent gives consent for the child/ren to travel; or
        2. a court order granting full responsibility or legal guardianship of the child/ren; or
        3. the death certificate of the absent parent.
      6. Additional information can be found on (i) http://www.home-affairs.gov.za/index.php/civic-services/traveling-with-children, (ii) http://www.botswanaembassy.org/print/1997, and (iii) http://www.botswana.se/Consular/Visas/Visa-to-enter-Botswana. The Client acknowledges that it familiar with the requirements of unabridged birth certificates and agrees that the Company shall not be held responsible for any errors in this regard.

    14. CLAIMS AND COMPLAINTS

      If a Client has a complaint whilst on holiday they are required to inform the Company immediately as most problems can be resolved immediately.

    15. BROCHURES AND WEBSITES
      1. Every effort has been made to ensure the accuracy of descriptions and information.
      2. The Company, however, is not able to control all the components of the components to the Services and it is possible that an advertised facility may be withdrawn or changed due to weather conditions, lack of demand, for maintenance and renovations, or for any other circumstances beyond the control of the Company.
      3. The descriptions, information and opinions given by the Company in respect of national parks, animal sightings, accommodation, and security are given in good faith, based on the latest information available to the Company.
      4. The Company does not accept any responsibility or liability for any errors or omissions in any brochures and/or websites and the Client agrees that the Company shall not be held liable for any such errors or omissions.

    16. RISKY BEHAVIOUR

      The Company and its local operators, their tours and suppliers of services, and other co-operating agencies reserve the right to refuse from a tour, without refund, any individuals who acts in a manner which is unsafe to themselves, or inconsiderate or unsafe to fellow travellers, and/or who ignores the requests of their guide(s) to act in a safe and responsible manner.

    17. JURISDICTION

      This Agreement and all matters arising out of this Agreement will be governed by the Laws of South Africa.

Share This