Red Africa Safaris

RED AFRICA SAFARIS TERMS & CONDITIONS AGREEMENT

Please read these conditions carefully. We want you to be satisfied with your stay/tour. By submitting a Red Africa Safaris' Booking form, sending tour booking details via e-mail to Red Africa Safaris or making a payment for a booked tour, you will have warranted that you have read and accepted these conditions both on your behalf and all persons named on the booking form or travelling with you.

It is essential and a condition of our contract that you also carefully and thoroughly read and abide by all information we provide you with at any stage for your own safety and security. This information also forms part of our contract where it relates to your confirmed tour arrangements.

1. Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Consent -I understand that all the designs and trademarks are registered RED Africa Safaris CC and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by RED Africa Safaris CC for any civil action or any legal action deemed necessary against me.

2. Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

3. Our Rights

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. 3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

4. Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

5. Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

6. Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

7. Booking/Purchase Policy

When you click to make a booking with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any booking through this site unless you understand and agree all our terms and conditions. Once payment is made for the booking, it is deemed that you have read and understood the terms and conditions for such reservations. If you have any queries please contact us before making any booking for any service through this website.

8. Payment Policy

A 50% deposit of the full Tour/quoted price is required at the time of booking. The balance is due 30 days prior to the start of the Safari Tour. If the reservation is made within 30 days of departure the whole amount must be paid at the time of confirmation.
Please note all clients are responsible for their own Banking fees and Red Africa Safaris cannot be held liable for any Banking or transaction fees/handling fees charged or incurred by your Bank for the specific transaction. Please make sure you deposit the correct amount so that your Banking fees/Handling fees/surcharges are covert and the quoted amount gets paid into Red Africa Safaris Bank account.

9. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

10. Cancellation Policy

If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to treat your booking as cancelled by you with effect from the date we reasonably so treat it. In this case, cancellation charges will be payable. All cancellations must be received in writing.
Cancellation or No-show charges/fees will be charged if Reservations are cancelled, reduced in length of stay or reduced in number of occupancy by the Traveler/Booking agent or any person from the specific Booking or if the Reservation is cancelled as a result of "force majeure".
"Force majeure" events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, pandemics, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our(Red Africa Safaris) control.
Red Africa Safaris cannot be held responsible for any Cancellation, Modification or No-show fees that might incur. Therefore the onus is upon you(the traveler) to take out the necessary Travel Insurance to be covered in the event of unforeseen circumstances that might occur.

11. Following is the scale for cancellation and no-show fees:

30% of the total Reservation/Booking/Quotation cost or 60% of the deposit, if cancelled between the Booking date(Date when the Reservation was made) and 61 days prior to the original Tour arrival/starting date
50% of the total Reservation/Booking/Quotation cost, or 100% of the deposit, if cancelled between 60 and 31 days prior to the original Tour arrival/starting date
100% of the total Reservation/Booking/Quotation cost if cancelled within 30 days prior to the original Tour arrival/starting date
Following is the scale for modification fees:
2,5% of the total of the original Reservation/Booking/Quotation cost or 5% of the deposit, if modified between the Booking date(Date when the Reservation was made) and 61 days prior to the original Tour arrival/starting date
5% of the total of the original Reservation/Booking/Quotation cost, or 10% of the deposit, if modified between 60 and 31 days prior to the original Tour arrival/starting date
10% of the total of the original Reservation/Booking/Quotation cost if modified within 30 days prior to the original Tour arrival/starting date

12. Itinerary Changes

Although every effort is made to adhere to schedules/Itineraries, it should be noted that RED AFRICA SAFARIS guides, partnered companies/Lodges/tour operators may be obliged to occasionally change routes or Tour programs on safaris as dictated by changing conditions. Such conditions may be brought about by road conditions, diversions, weather conditions, traffic, accommodation availability etc. RED AFRICA SAFARIS will communicate with you for such itinerary or accommodation changes.
The facilities, local prices and amenities mentioned are shown in good faith as generally being available. Should local prices vary, or facilities or activities not be available at certain times as a result of weather conditions, lack of support etc. RED AFRICA SAFARIS cannot be held responsible.
Should you not be able to view certain animals during your safari, Red Africa Safaris can not be held responsible, being that these are wild animals that move over vast distances.
All activities are subject to the weather and availability.
Accommodation can only be guaranteed after Red Africa Safaris has received a 50% deposit. Should the mentioned accommodation not be available, accommodation of equal value will then be booked.
Although our Tours are Private meaning that your accommodation, transfers and certain routes are done privately there might be other guests joining you on some activities such as open vehicle Game drives, Bushwalks, River Safaris etc. Red Africa Safaris can unfortunately not be held responsible for any loss (example loss of enjoyment or if you do not share the same interests or language than other guests.)
All Kruger, Greater Kruger National Park Lodges and Swaziland Parks' open vehicle Game drives and Bushwalks are done by the Parks/Private Lodges themselves and thus with their own guides. Red Africa Safaris can unfortunately not be held responsible if Kruger, the Greater Kruger National Parks' Lodges or Swaziland Parks' or any other Park/Reserve's guides are not providing a satisfactory Safari experience. (Please note private Safaris/Game drives could be booked and arranged for your tour group only with highly professional guides which will provide an in depth Safari experience. Please notify our office and we will schedule your tour accordingly.

13. Bushwalks

It is important to have the correct perspective when embarking on a Bushwalk, although there is the opportunity of seeing the Big Five, this is not the main aim of a Kruger Bushwalk. The aim is to facilitate an experience that embraces some of the fundamental values of Wilderness; solitude, timelessness, freedom from a world where human is in control, and a place where the sounds and ways of nature pervade.

14. Alterations to tours

The right is reserved to change any route or arrangements should conditions necessitate to offer substitutes of equal value or to cancel the operation of any scheduled tour. The right is also reserved to decline to accept or retain any person as a member of any tour at any time, in which event an equitable amount will be refunded.
Red Africa Safaris might make use of partnered companies to lead/conduct Safari tours. This is only in the case when Red Africa Safaris are fully booked or an unexpected reason has occurred. Red Africa Safaris only make use of highly professional, registered and passionate companies with whom Red Africa Safaris has an established relationship.
Any information regarding a booked tour or if one of our partnered companies will conduct the tour will be given through to either the Tour operator/Tour agent/DMC/Destinations market platform etc. or client, well in advance.

15. Booking agents/Tour agents/DMC's/Destinations market platforms/Tour operators etc.

Red Africa Safaris might make use of partnered companies to lead/conduct Safari tours. This is only in the case when Red Africa Safaris are fully booked or an unexpected reason has occurred. Red Africa Safaris only make use of highly professional, registered and passionate companies with whom Red Africa Safaris has an established relationship.
Any information regarding a booked tour or if one of our partnered companies will conduct the tour will be given through to either the Tour operator/Tour agent/DMC/Destinations market platform etc. or client, well in advance.
Red Africa Safaris can only secure a Tour after we have received a deposit.
No Tour will commence should the specific tour booked not be paid in full.
Tours need to be paid in full, 30 days prior to the start of the tour.
It is the Tour operator/Tour agent/DMC/Destinations market platform etc. who have made the booking on the behalf of the client, responsibility to make sure that the full payment of their clients get paid to Red Africa Safaris in time.
Red Africa Safaris will held the Tour operator/Tour agent/DMC/Destinations market platform etc. responsible for any outstanding amounts.
The Tour operator/Tour agent/DMC/Destinations market platform etc. needs to deduct their commission from the client’s quoted amount before any payments are made to Red Africa Safaris. No later transfers of commissions will be made to any Tour operator/Tour agent/DMC/Destinations market platform etc.
Please note upon receiving your Invoice from Red Africa Safaris or by paying a deposit or full amount for the relevant Tour you the Tour operator/Tour agent/DMC/Destinations market platform etc. will have warranted that you have read and accepted Red Africa Safaris ‘ Terms & Conditions stated on our website, both on your behalf and all persons named on the booking form, or any client that made a booking through you.

16. Flights

Please note – It is of paramount importance that all necessary information such as Flight & Accommodation details should be checked and confirmed at the time of the booking. Red Africa Safaris can unfortunately not be held liable if any incorrect information is not rectified by the client or provided to Red Africa Safaris.
Red Africa safaris cannot be held responsible should your flight be delayed and do not arrive at the scheduled landing time.
Red Africa Safaris cannot be held responsible should you be late or miss your departure flight.

17. Insurance

You must insure against your own cancellation, medical, personal, accident (including local and international repatriation) and all other usual travel risks.
Red Africa Safaris cannot be held responsible for any Cancellation, Modification or No-show fees that might incur. Therefore the onus is upon you(the traveler) to take out the necessary Travel Insurance to be covered in the event of unforeseen circumstances that might occur.

18. Force Majeure

Except where otherwise expressly stated in these conditions, RED AFRICA SAFARIS cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these conditions, "force majeure" means any event which RED AFRICA SAFARIS or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-

i) the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or,

ii) the act(s) or omission(s) of a third party not connected with the provision of your stay which we could have predicted or avoided; or,

iii) force majeure

In addition, we will not be responsible for any losses, expenses, costs or other sum you suffer which relate to any business activity. Please note, we cannot accept responsibility for any services which do not form part of our agreement. This includes, for example, any additional services or facilities which any supplier or agent agrees to provide for you where the services or facilities are not advertised or referred to by us in our literature and we have not agreed to provide or arrange them.

19. Wild Animals and other hazards

Please be aware that your Safari will take you to remote areas and may bring you into close contact with wild animals and other hazards, natural and manmade. RED AFRICA SAFARIS cannot be held responsible in the unlikely event that an attack should take place or you encounter any other hazard. It is the responsibility of the visitor to ensure their own safety and not RED AFRICA SAFARIS its nor their employees, nor their agents and suppliers cannot be held responsible for any attack, injury, death, loss/damage of personal possessions, or accident or other event of any description which that may occur during the Safari. Medical assistance may be difficult to obtain / a considerable distance away and may be limited when reached. You must carry and abide by all information we provide you with in relation to your holiday arrangements at all times as this is crucial for your own safety and security.

20. Health

Participation in adventure travel requires that you be in generally good health. All visitors must understand that while a high level off fitness is not required, a measure of physical activity is involved in such tours. It is essential that persons with any medical problems and/or related dietary restrictions make them known to us before departure. If your tour includes travel to a malaria zone anti-malarial precautions should be taken and this is the sole responsibility of the student/visitor. You should consult your doctor or pharmacist for up-to-date requirements and professional recommendations.

21. Passports and Visas

The onus is upon the visitor to ensure that their passports and visas are valid for the country they plan to visit. RED AFRICA SAFARIS cannot be liable for any visas and/or passports that are invalid or not held by the visitor, nor for the costs obtaining any passports and visas. Please check for requirements before visiting South Africa.
It is the visitor/traveler/guest's responsibility to ensure they are informed about the strict regulations/requirements for children travelling to South Africa, please see the link below for more information -
http://www.dha.gov.za:8086/index.php/statements-speeches/621-advisory-new-requirements-for-children-travelling-through-south-african-ports-of-entry-effective-1-june-2015

The onus is upon the visitor/guest/traveler to confirm any Visa requirements to enter South Africa, Swaziland, Botswana, Namibia, Zambia, Zimbabwe and any other African country should you have booked a Tour which includes these Countries.

22. Clients responsibility

Clients may not carry any unlawful articles or substances whilst in the South African region. If any traveler offends against the prohibitions set out herein, RED AFRICA Safaris will be entitled to immediately exclude from the safari tour party the offender who will be responsible for his or her own repatriation and all costs thereof. RED AFRICA Safaris will under no circumstances assist any such offender in any dealings or negotiations with any authority.

23. Jurisdiction / Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
In all matters where it is or may be necessary to have recourse to the Court, the Courts of the Republic of South Africa shall have sole jurisdiction to the exclusion of the Courts of any other country and the law of the Republic of South Africa shall prevail.
24. Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.