1. The client who signifies his acceptance of a booking does so on behalf of himself and persons under his authority which means that all are bound by these terms and conditions (‘these terms’) of Wild Frontiers (Pty) Ltd (‘Wild Frontiers’) as if they had individually made the application themselves.
2. All estimates or quotations provided by, or bookings made with Wild Frontiers are subject to these terms.
3. A non-refundable deposit of 20% of the LAND arrangements cost, plus the full amount including taxes for the air travel portion, for each person is required when booking. This booking fee is accepted as part of the inclusive fare as specified in the Booking Confirmation Form or quotation as supplied (‘the fare’) and will only be refunded if the application cannot be accommodated. (Most airlines stipulate that tickets have to be issued within three working days of a booking being made).
4. The full amount due by the client to Wild Frontiers shall be payable not less than six weeks prior to the date of departure. If the full amount is not paid in due time, Wild Frontiers reserves the right to treat the booking as cancelled. Bookings made within six weeks of the departure date must be paid in full immediately.
5. Should the client amend his booking at any stage, either in the form of a date change, itinerary amendment or any other change whatsoever, Wild Frontiers reserves the right to charge an amendment fee per booking. One itinerary amendment is free, thereafter each change will be charged at R300 per person per booking, over and above the tour cost.
6. If a booking is cancelled, then, over and above such cancellation fees as each airline may charge and for which the client will be liable, the following will apply:
6.1 with the consent of Wild Frontiers, the latter shall retain the full deposit but any amount paid in excess thereof will be reimbursed to the client*;
6.2 less than 42 days before departure, Wild Frontiers shall retain the full deposit and a cancellation fee will be payable equal to 40% of the land arrangements* plus up to the full amount of the air ticket;
6.3 less than 30 days prior to departure Wild Frontiers shall retain the full deposit and a cancellation fee will be payable equal to 65% of the land arrangement* plus up to the full amount of the air ticket;
6.4 less than 15 days prior to departure Wild Frontiers shall retain the full deposit and a cancellation fee will be payable equal to 100% of the land arrangements plus up to the full amount of the air ticket;
6.5 By Wild Frontiers, who reserves the right to and shall be entitled to cancel any tour or product sold prior to departure, Wild Frontiers shall be obligated to refund all amounts received by it from the client, who shall have no further claim of whatsoever nature against Wild Frontiers arising out of such cancellation. * Except for non-refundable amounts levied, eg gorilla permits, etc.
7. Should a client fail to join a tour, or fail to use the accommodation/services booked by Wild Frontiers on their behalf, for any reason whatsoever, no refund or liability will be accepted by Wild Frontiers.
8. Wild Frontiers provides clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines. Wild Frontiers represent such principals as agents only and accordingly accept no liability for any loss, damage, injury or death which any client may suffer as a result of any act or omission on the part of or the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, flights, accommodation or otherwise. The contract in use by such principals (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the principal and the client and any right of recourse the client may have, will be solely against such principal.
9. Cancellation, medical and repatriation insurance is compulsory for all Wild Frontiers bookings, and it is the client’s responsibility to arrange such insurance, either through Wild Frontiers or though the client’s broker. It is strongly recommended that clients also take out insurance to cover emergency travel and accommodation, lost baggage and any other cover the clients deems fit. Other than compulsory insurance, the decision which insurance cover he/she obtains, is solely the responsibility of the client.
10. The client acknowledges that the fare (see above clause 3) and itinerary specified in the Booking Confirmation Form, may be varied by Wild Frontiers from time to time, without notice to the client, at the discretion of Wild Frontiers and provided the itinerary and price is not substantially different from the itinerary that the client anticipated enjoying, the client shall not be entitled to cancel the contract. Fare increases may occur inter alia due to any increase in airline tariffs, fuel costs, game reserve fees, or fluctuation of exchange rates. Should the group number fall below the minimum number required for the booking as specified in the Booking Confirmation from, Wild Frontiers reserves the right to re-cost the fare and raise a surcharge. Should any clients refuse to accept and pay such surcharge, Wild Frontiers reserves the right to cancel the tour and retain full payment.
11. The client acknowledges that it is solely his/her responsibility to ensure that he is possessed of the necessary travel documents that may be required in respect of the proposed tour and itinerary as well as all health and other certificates that may be required from time to time. Wild Frontiers will endeavour to assist the client but such assistance will be at Wild Frontiers’ discretion and the client acknowledges that in doing so, Wild Frontiers is not assuming any obligation or liability and the client indemnifies Wild Frontiers against any consequences of non-compliance.
12. It is recorded that the contract may contemplate a tour/journey to an area(s) where the client may be exposed to danger and the client has agreed to execute a waiver of rights against Wild Frontiers, its principals and others as an integral part of these terms. The client (which shall be deemed to include the heirs, executors, administrators or assigns of the client) does hereby irrevocably waive and abandon all rights which the client may have against Wild Frontiers, in consequence of any loss, damage, injury, death or otherwise of whatsoever nature and howsoever arising which may be sustained directly or indirectly by the client in consequence of any act of omission or commission by Wild Frontiers or other in consequence of the conclusion of the contract and the client undertaking the tour/journey contemplated in the contract (which will comprise of these terms and the Booking Confirmation Form). In no way derogating from the foregoing, the client hereby indemnifies, holds harmless and absolves Wild Frontiers, its principals or others, from all and whatsoever claims which may be tenable by the client as aforesaid, irrespective of the nature thereof and howsoever arising.
13. The client agrees that he/she will at all times comply with Wild Frontiers’ or others requirements in regard to his/her conduct, and he/she will not in any way constitute a nuisance to any other passenger on the tour.
14. I realise that certain of the activities may attract certain risks or dangers and will require of me to be in good physical and mental condition, and I warrant that I am in such a condition, having checked with my medical practitioner. I agree to obey at all times, any warning notices and instructions of the resort/hotel or Operator’s management and or person in charge of the activity.
15. When the client is travelling with persons under his/ her authority, he/she warrants that he/she is authorised to bind every member to the terms of the contract.
16. These terms constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the client acknowledges that he/she has not relied on any matter or thing stated on behalf of Wild Frontiers or otherwise that is not included herein.
17. Clients, who have special requests, must specify such requests to the Wild Frontiers in the Booking Reservation Form. Whilst Wild Frontiers will use its best endeavours to accommodate such requests, it does not guarantee that it will.
18. No amendment cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the client and a duly authorised representative of Wild Frontiers.
19. No refunds will be considered in any circumstances whatsoever, although Wild Frontiers may, in its sole discretion, consider a refund in the event of death or serious illness of the Client.
20. Wild Frontiers will under no circumstances be liable for any claim whatsoever, unless such claim is due to the gross negligence of Wild Frontiers and such claim is lodged in writing with Wild Frontiers within 30 (thirty) days after the end of the tour. Such liability will be subject to a limitation of R10 000,00 per Client and under no circumstances will Wild Frontiers be liable for any indirect or consequential loss or damage.
21. Any payments due by the Client will incur interest from the due date at a rate 2% (two percentum) above the prime rate charged by Wild Frontiers’ bank.
22. South African law and the jurisdiction of South African courts will govern the relationship between the Client and Wild Frontiers.
23. The Client will be liable for all legal fees on an attorney and own client scale in the event that Wild Frontiers has to engage a lawyer to enforce any of its rights or otherwise.