SEARCH

Terms and Conditions for NEW WORLD SAFARIS' Clients

Please read the terms and conditions carefully. All terms and conditions are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about those terms and conditions that have important consequences for you. The wording in the boxes is only intended to bring the terms and conditions to your attention, and to explain their nature and effect. They are aids to understanding only and are not terms and conditions themselves. They do not limit the meaning or application of the provisions of these terms and conditions, and do not apply to situations and examples described in the boxes or to similar situations or examples.

Essentially, inbound travel into Southern Africa, East Africa & Indian Ocean Island is our business and we make use of our core strength which is our in depth and passionate knowledge of Africa along with our ability to meet clients’ expectations when travelling to Africa, thereby simplifying “travel into Africa” for our clients.

We strive to ensure that clients are matched with the correct local suppliers of travel services, taking into consideration the client’s wishes and budget. We will strive to ensure that our clients go with the correct operator while taking heed of various factors such as age, level of comfort required, highlights they want to cover, time available and budget.

These are the services we offer you and in order to ensure a correct understanding between ourselves and to clarify our relationship, these terms and conditions have been created. They govern our relationship and the terms of the services offered and accepted so please ensure that you have read through them and familiarised yourself sufficiently before entering into a contract with us as doing so means that you have agreed to be bound by these terms and conditions.  

1. Definitions

“New World Safaris DMC” refers to New World Safaris (Pty) Ltd (Registration Number: 2016/074132/07) registered as a private company in the Republic of South Africa and trading under the name “New World Safaris”.

“Client” – refers to the person/s who is/are named and identified on the booking form as the confirmed party/ies embarking on the trip or excursion and by being so named contracts and is held bound by these terms and conditions, notwithstanding that not all the person/s might have signed the booking form and that an agent might have made the booking, in which case such agent will be similarly bound. All such person/s named in the booking form shall be jointly and severally liable for the due performance of their obligations in terms hereof and agree to be bound by the terms and conditions contained herein. All minors warrant that they have contracted with their legal guardians.

“Trip” – refers to any tour, excursion, safari or similar booking made with New World Safaris and as described on the booking form and itinerary attached thereto, as applicable.

“Quotation” – the written document supplied to you by New World Safaris and marked as such, valid for a period of seven days from the date thereon for the itemised purpose and constituting an invoice for goods and services supplied or to be supplied as the case may be.

“Services” refers to and includes but is not limited to, the Trip as well as the procurement of accommodation, transport, transfers by New World Safaris on behalf of the client with third party suppliers of various establishments relating to the travel industry and including all services incidental thereto.

“You or Your” – refers to the client as defined.

“Supplier/s” refers to the third party agent with whom New World Safaris books services on behalf of the client, including but not limited to tour operators, shuttles, accommodation establishments, safaris and so on.

“Hospitalisation” – means admission to hospital for emergency medical treatment and procedures and not planned, elective treatment.

In the interpretation of these terms and conditions the headings are used for reference only and do not aid in the interpretation of the contents.

Any reference to the singular shall include reference to the plural and vice versa while any reference to gender includes reference to both genders and any reference to natural persons will include reference to legal entities.

2. Booking Procedure

  1. To secure your reservation for your Trip (your “Booking“), you must pay a 30% (thirty per cent) deposit (the “Deposit“) to New World Safaris at the time of your Booking and submit a completed booking form.  Should you fail to make full payment of the Deposit or submit a completed booking form at the time that you submit your reservation to New World Safaris, your reservation will not be accepted and your Booking will be automatically cancelled; unless otherwise agreed with New World Safaris in writing.
  2. To the extent that you have concluded any other agreement with us in relation to your Booking, or received any document from us in relation to the Booking, and there is any conflict or inconsistency between the terms of that agreement or document and the terms of these terms and conditions, the provisions of these terms and conditions shall prevail to the extent of such conflict or inconsistency.
  3. Following payment of your Deposit, you must make payment of the remaining balance of the fees applicable to your Booking no later than 60 days prior to the commencement of your Trip.  Where your Booking has been made within 60 days of your Trip, you must make full payment on the date that you make your Booking.
  4. New World Safaris charges a booking service fee for all Bookings where payment is made via a credit card.  We will inform you of this booking service fee at the time that you make your booking. However, we will waive this fee for you if you make payment via electronic funds transfer (EFT.
  5. Should the fees applicable to your Trip be quoted to you by us in a foreign currency, you must make payment to us in either South African rand (ZAR) or United States Dollars (USD), at New World Safaris’s election.
  6. Any bank charges incurred as a result of such a payment or foreign exchange differences will be for your account, notwithstanding the method of payment chosen. 
  7. New World Safaris reserves the right to cancel your Booking should your deposit or any other payment due by you to New World Safaris not be received by New World Safaris on time.
  8. New World Safaris reserves the right to increase the fees quoted by us to you in respect of your Booking prior to your acceptance of such a quotation, notwithstanding that New World Safaris may have already issued the quotation to you. This will be applicable for flights and BAR Rates (Best Available Rates) as these fluctuate. Once you accept the quotation, the fees quoted by us in the quotation shall remain valid for 7 (seven) days. If you do not complete your Booking within these seven days, the quotation will cease to be binding on us.
  9. Should you have already secured your Booking by timeous payment and the supplier has been paid, the original price will remain valid.  However this does not apply to park fees, community levies, tourism levies and any other fees payable to third parties (collectively, “Third Party Fees“). You will be liable for any increase in Third Party Fees at any stage of the. You will be billed accordingly should there be a top up required. 

The above clause also constitutes an assumption of liability and risk by you, as you undertake to pay for any increase in Third Party Fees that may arise and you are liable for any foreign exchange differences and bank charges.

3. Waiver, Indemnity And Liability

  1. We act as agents between yourself and suppliers to secure a booking for you as client however we cannot, to the maximum extent permitted by law, be held responsible for any defects, changes or cancellations in the bookings or Trips, which includes, but is not limited to, delays, loss or damages arising from any causes, including dissatisfaction with the booking or any loss, damage or delay caused by the suppliers or any third party. 
  2. All vouchers, tickets and receipts issued by the supplier, tour operator or any third party will be subject to their terms and conditions and you undertake to abide by those terms and conditions.  You will participate in a Trip at your own risk and liability. 

The above clauses limit your rights and remedies against us, and these clauses limit and exclude your right to recover or make claims for losses, damages, liability or harm that you may suffer.  You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

The above clause also constitutes an assumption of liability and risk by you, as you undertake to abide by the terms and conditions of all vouchers, tickets and receipts issued by suppliers, tour operators and any other third parties encountered during your Trip.

  1. To the maximum extent permitted by law, you hereby indemnify and hold New World Safaris, its directors, staff, employees, agents and assigns harmless from and against any claim for loss or damage whatsoever that may arise or have arisen in connection with any services supplied or offered by or in connection with them.
  2. To the maximum extent permitted by law, any claim or claims which you, your agent, executor, heirs or assigns may have for any compensation for damages or loss, or the like from New World Safaris resulting from injury or any loss occasioned whatsoever, are hereby irrevocably waived and this includes any transportation to or during the Trip as well as any illness, injury and/or death arising during or after the Trip.

The above clauses require you to indemnify New World Safaris and other persons or entities against claims, loss, damages or harm that may be suffered by New World Safaris and other persons or entities as a result of the events set out in the above clause.  You are also required to indemnify New World Safaris and other persons or entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in the above clauses.  This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages and harm that may be suffered or claimed.  

The above clauses also limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer.  You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

4. Cancellation and Refund Policy

  1. All cancellations must be done in writing and receipt thereof acknowledged by New World Safaris to be a valid cancellation.
  2. Cancellation of bookings, save for cancellations arising out of your death or your hospitalisation, is subject to the following conditions:
    1. where cancellation is made more than 61 days prior to booking and you have already made full payment (being the 30% deposit and 70% balance of payment), then we shall refund you the full amount of the payment, save for the deposit which amount is non-refundable. Put differently, 70% will be refunded you and the 30% deposit is non-refundable and will be retained by us;
    2. where cancellation is made more than 61 days prior to booking and you have only made payment of the 30% deposit, we shall retain your deposit (which is non-refundable);
    3. where cancellation is made 60 days or less prior to the booking and you have already made full payment (being the 30% deposit and 70% balance of payment), you shall be liable to pay a cancellation fee calculated as 100% of the payment and you shall not be entitled to a refund of your payment including your deposit, unless agreed in writing with New World Safaris
  3. You (or your estate) will not be liable for a cancellation fee for your Booking as a result of your death or your hospitalisation, provided that:
    1. a death certificate is provided by your estate in the event of your death; or
    2. a medical report is provided by your medical practitioner in the event of your hospitalisation.
  4. We will endeavour to confirm your booking as soon as possible after receipt of payment of deposit however should we fail to secure this booking for any reason whatsoever, we will strive to procure alternative booking arrangements. Should these alternative arrangements not be suitable for yourself, New World Safaris will refund your payment, subject to the terms and conditions of the supplier with whom the booking was made.
  5. You, your agents, executors, heirs or assigns will not be entitled to refunds for a no show, save for where you are unable to honour the booking as a result of your death or hospitalisation, or for a partially used booking.
  6. In the unlikely event of a misquotation being made by New World Safaris, New World Safaris will honour the rates quoted.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

  1. Should any inadvertent or obvious errors occur on our website, brochures or other advertising or marketing material with regard to pricing, New World Safaris shall not be bound by such errors,provided that New World Safaris first corrects the price as soon as it is brought to New World Safaris’ attention and secondly, takes all reasonable steps in the circumstances to inform you of the error in pricing and provide you with the correct price.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

5. Complaints and Dispute Resolution

  1. The parties choose domicilium et executandi (domicilium address) for the purposes of giving any notice, delivery of any complaint, the payment of any sum, the serving of any process and for any other purpose arising out of these terms and conditions and any ancillary documents, their addresses as follows:

    New World Safaris: via email to info@newworldsafaris.co.za legal@newworldsafaris.com and/or post to

    P. O. Box 59219, Kengrey 
    Gauteng, South Africa, 2101

    For the attention of the Ricardo Mariano Cuervo (mariano@newworldsafaris.com) & Mark David de Villiers (mark@newworldsafaris.com) 

    The Client: the physical address provided on the booking form.

  2. In the event that you submit a complaint, we aim to reply within 30 days 48 hours of receipt of your complaint and will use our reasonable efforts to resolve any dispute after investigation with the relevant supplier and this will be communicated back to you as soon as possible.
  3. Either party may change its address on no less than 7 days prior written notice to the other party.

6 Passports and Visas

  1. It is your responsibility to ensure that all your travel documents are in order and up to date and immigration regulations such as visas and / or permits are satisfactorily obtained and in your possession for travel. It is advisable that you contact the consular or embassy of your destination country as well as countries passing through, in order to verify the requirements and ensure that you are adequately prepared. No refunds due to incomplete travel documentation will be given or entertained.
  2. Your passport must have sufficient blank visa pages available in accordance with the regulations of the various African countries. It is recommended that a minimum of 2 (two) blank pages per country that you will be visiting or passing through be available in your passport.

Furthermore, your passport must be valid for the prescribed period as contained in the applicable regulations of the countries you will visiting or passing through.

  1. If you are travelling with a minor child, you will need their unabridged birth certificate and if only one parent is travelling with the minor, you will need to provide a letter of consent from the absent parent that the minor is allowed to travel with you.
  2. This is not a comprehensive list of the required travel documents and should not be construed as such. New World Safaris will not be liable to you for any failure by you to obtain the necessary travel documents and/or a failure by you to comply with any laws applicable to your Booking or your Trip.

The above clauses constitutes an assumption of liability and risk by you, as you undertake to ensure that you have complied with all relevant travel requirements and that you have verified such compliance with the applicable visa and immigrations authorities, consulates or embassies as the case may be.  

7. Changes To Travel Itineraries

  1. We will present you with an itinerary but travel through Africa is intended to be fun, spontaneous and adventurous. We may alter the itinerary where certain activities are no longer possible due to circumstances beyond our control such as extreme weather, political conditions, outbreaks and road access issues, among others. 
  2. Should it be necessary for New World Safaris to alter your itinerary, due to reasons not solely attributable to New World Safaris. New World Safaris shall endeavour to facilitate any such changes as seamlessly as possible by replacing activities with similarly priced activities, however you will remain liable for any extra costs incurred as a result of the alternative arrangements.. 
  3. Should it be necessary to arrange alternative or additional transport to the end destination of the Trip, New World Safaris will assist where possible and any additional cost of procuring such transport will be payable by you, as necessary.

The above clauses constitutes an assumption of liability and risk by you, as you undertake to cover all extra costs incurred as a result of changes to the travel itinerary, where such changes were caused by factors and conditions beyond the control of New World Safaris.

8. Innoculation, Immunisation and Medication

  1. African countries have varying innoculation, immunisation and medication requirements and it is essential that you familiarise yourself with these and take the necessary action timeously as travel will not be permitted unless you meet these requirements which are your full responsibility. It is furthermore your responsibility to be familiar with all diseases, both real and potential, when travelling to and through Africa and to take the necessary precautions and vaccinations.
  2. It is also your responsibility to ensure that you are medically fit and healthy for travel and in some cases you may be required on request to provide a medical statement from a medical practioner to confirm that you are fit and healthy to travel.

The above clauses constitutes an assumption of liability and risk by you, as you undertake to ensure that you have taken the necessary actions and comply with all requirements relating to the inoculation and immunisation of all real and potential disease which could be contracted by you when travelling though Africa.

9. Illness Or Disability

  1. If you are suffering from any illness or disability, or are undergoing any medical treatment, you must declare this openly and honestly to New World Safaris at the time of booking your Trip.

In a similar manner, if you are affected by any condition that may affect you or others during your Trip in any way, you must comprehensively advise New World Safaris at the time of your booking.

The above clauses constitutes an assumption of liability and risk by you, as you undertake to notify New World Safaris, at the time of your booking, of any pre-existing illness or disability you may have or any pre-existing illness or disability you may have which could affect others during your Trip.

It is your responsibility to make arrangements for the provision of any medication or treatment while you are away.

  1. Failing to declare any conditions, illnesses, disability or the like, will constitute a breach of these terms and conditions and can result in you being excluded from your booked Trip or excursion without refund of any payment.

The above clause also limits your rights and remedies against us and this clause limits and excludes your right to recover or make any claims for losses, damages, liability or harm that you may suffer.  You will also be responsible for, and you accept, various risk, damages, harm and injury which may be suffered by you. The above clauses also constitute an assumption of liability and risk by you, as you undertake to notify New World Safaris, at the time of your booking, of any pre-existing illness or disability you may have or any pre-existing illness or disability you may have which could affect others during your Trip and you may be excluded from participating in your Trip if you fail to make this disclosure.

10. Travel Insurance

  1. The purchase of sufficient comprehensive travel insurance, as determined by New World Safaris in its reasonable discretion, is mandatory and must be confirmed by you at the time of your Booking.
  2. Should you fail to obtain comprehensive travel insurance in the manner contemplated in clause 10(a) above, all and any costs arising from the possible need to cancel, re-route or follow different travel arrangements, including any emergency medical procedures, will be for your own cost and you hereby indemnify and hold New World Safaris harmless from and against any harm, loss or damages that you or your assigns may suffer as a result.

The above clause requires you to indemnify New World Safaris against claims, loss, damages or harm that may be suffered by New World Safaris as a result of the events set out in the above clause.  You are also required to indemnify New World Safaris a against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in the above clauses.  This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages and harm that may be suffered or claimed.  

11. Authority of Tour Leader

  1. The tour leader adopts an authoritative position in relation to you as client and for the peace of mind and safety of everyone on the Trip, you must adhere to the instructions of the tour leader at all times during the Trip. By booking the Trip, you abide to be bound by the decisions and instructions of the tour leader at all times.
  2. Similarly it is your obligation to behave in a responsible manner throughout the Trip and any illegal, unwarranted, or inappropriate behavior on your behalf and/or any behavior which constitutes a nuisance can result in your Trip being terminated with immediate effect and without any recourse to a refund.

The above clause constitutes an assumption of liability and risk by you, as you undertake behave in a responsible manner throughout the Trip.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make any claims for losses, damages, liability or harm that you may suffer.  You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

12. General Legalities

  1. These terms and conditions, and booking forms make up the whole agreement between you and us relating to your Trip and our relationship. As far as the law allows, and accepts as we may both otherwise agree in terms of a written agreement between us, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise not specifically recorded herein.
  2. Save as expressly provided for in these terms and conditions, no provisions of these terms and conditions constitutes a stipulation for the benefit of a third person (i.e. a stipulation alteri) which, if accepted by the person, would bind either you or us in favour of that person.
  3. Neither party may cede any or all its rights or delegate any or all of its obligations under these terms and conditions without the prior written consent of the other.
  4. No variation, addition to, deletion from or cancellation of these terms and conditions, and no waiver of any right under these terms and conditions shall be effective unless reduced to writing and signed by or on behalf of the parties.
  5. The grant of any indulgences, extensions of time or relaxations of any provision by a party under these terms and conditions shall not constitute a waiver of any right by the grantor of the indulgence or prevent or limit or adversely affect the exercise by the grantor of any existing or future right of the grantor. 
  6. These terms and conditions are to be governed, interpreted and implemented in accordance with the laws of the Republic of South Africa.
  7. Without limiting or derogating from the parties rights under any applicable laws (including your rights under the Consumer Protection Act, 2008), the parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng, Local Division) for any proceedings arising out of or in connection with these terms and conditions. 
  8. New World Safaris will have no liability to you or any third party for any failure by New World Safaris to perform its obligations under these terms and conditions in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of New World Safaris, including without limitation, an act of war or terrorism, natural disaster, riot, civil disorder or civil commotion other force majeure event.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make any claims for losses, damages, liability or harm that you may suffer.  You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

  1. No provision of these terms and conditions:
    1. does or purports to limit or exempt us or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
    2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
    3. limits or excludes any warranties or obligations which are implied into these terms and conditions by applicable laws or which we give under applicable laws, to the extent that any applicable law does not allow them to be limited or excluded.