TERMS & CONDITIONS

Africa & You is a professional Tour Operator.

Africa & You design and book tailor made itineraries for recreational travel at the best available rate on behalf of the Client.

Africa & You book accommodation, tours, safari’s , transfers in boats, on road and charter airplanes, guides, meet & greets on arrival to Africa and activities including adventure and cultural.

Africa & You in all cases hire 3^rd party suppliers to carry out and conduct all aspects of the itineraries for example: accommodation in hotels, B&B’s, safari lodges, charter flight transfers, road transfers, guides, guided activities and adventure activities.

Africa & You in all cases practice responsible tourism. We partner with responsible suppliers ensuring that we supply our Clients with a professional and enjoyable experience.

EXCLUSION OF LIABILITY

1. In terms of trading conditions and liability Africa & You acts as a booking agent only booking on and behalf of the Client in procuring services. In all cases Africa & You uses the products of various different 3rd Parties in the travel industry.
2. Africa & You does not provide any direct services to the Clients we only provide a booking service in compiling a tour package for our Clients.
3. Africa & You ensures that we use quality 3rd Party, Airlines, Hotels, Tour Operators and other service that forms the individual itinerary for the Client.
4. Africa & You will ensure that the 3rd Parties carry out services accounting to any advertisement by Africa & You the Client must accept and understand that we do not have direct control over our 3rd Party suppliers.
5. Africa & You will not be liable for the inter alia any loss, damage, injury, additional costs, delay or irregularity that may be occasioned by an error or default, act or omission of any 3rd Party suppliers in carrying out the logistics of the tour package or associated activities.
6. Africa & You shall not accept liability for:

• Any changes, omissions or delays before, or during the course of the tour occasioned by technical difficulties, weather conditions, communication breakdown or events beyond the control of the Company.
• Any cancellation or curtailment of the tour as a result of the Client’s personal circumstances, e.g. death or illness.
• Changed circumstances and/or event expenses: these include but are not limited to scheduled extensions or curtailment of accommodation, changes to scheduled flights, additional airfares, telephone and meal costs, etc., which will be for the Client’s own account.
• If, in the opinion the Company, the fulfilment of the tour is considered impossible, illegal or inadvisable because of weather conditions, unrest, strikes, war and/or any other adverse factors beyond the Company’s control, Africa & You may at any time cancel the package or what remains of it or make alterations to the route, accommodation, price and/or any other aspect thereof as it deems fit, and any losses and expenses resulting from such cancelation or alteration shall be for the account of the Client.
• Africa & You will on request provide the identity of the 3rd Party suppliers and such 3rd Party supplier’s terms and conditions.
• Africa & You will not be liable or responsible for any damages of whatsoever nature (including but not limited to any personal injury, death and/or damage to property) that the Client may sustain arising from any cause whatsoever, including negligence.
• The Client binds his/her dependants, heirs, trustees, executors, administrators, third parties and/or assigns to the terms and conditions of this document and undertakes to indemnify, hold harmless and expressly exempt Africa & You from any and all liabilities and/or claims (specially including but not limited to claims arising from personal injuries, death, loss of support, delay, theft, inconvenience, accident, loss, consequential loss, damage to property, medical expenses, funeral and related expenses) arising from any cause whatsoever by virtue of the Client’s participation in the tour.
• The Client waives any and all liabilities and/or claims of whatsoever nature or cause, howsoever arising, which he/she or his/her dependants, heirs, trustees, executors, administrators, third parties and/or assigns might have against Africa & You and releases Africa & You against any and all liability and/or claims that may arise or accrue to the Client, his/her dependants, heirs, trustees, executors, administrators, third parties and/or assigns.
• Africa & You will not be responsible for any charges that appear on a Client’s credit card not levied/effected directly by Africa & You (e.g. a credit card charge by a hotel), and will not accept any responsibility for having any of these charges reversed or corrected upon the Client’s return to his/her country of departure/final destination.

PAYMENT TERMS

1. Once a booking is confirmed by Africa & You in writing all terms and conditions apply and our cancellation policies will be in immediate effect.
2. By making the deposit payment you are hereby agreeing to Africa&You terms & conditions.
3. Once an invoice is issued by Africa&You a 30% non-refundable deposit is required for all accommodation and other tour-related activities to confirm the booking. 100% non-refundable deposit is required for flight confirmations (prices can only be confirmed within 1 year of travel). The final balance is due 60 days prior to departure (please note this is for standard bookings. Different terms may apply for group (10+) bookings and for any bookings where the payment terms of the chosen accommodation differs from our own).
4. By confirmation of the booking, the Client confirms and acknowledges that all terms and conditions of Africa & You have been provided to and/or been explained and accepted by all the Clients.
5. By confirmation of the booking, Africa & You confirms and acknowledges that the Clients have been made aware and accept that the tour carries inherent risks, and that the Clients voluntarily assume all risks which are associated with the tour. All Clients will be required to sign indemnities at the various camps/lodges/service providers, and abide by the Operators Code of Conduct in order to ensure their safety.
6. The full amount of the tour is payable not less than 60 days prior to the date when the tour commences.
7. A booking made within 60 days of commencement of the tour is payable in full on confirmation of the booking.
8. In the event that a booking is not paid in full as per the above payment terms Africa & You reserves the right to refuse the Client(s) participation in the tour, the Client will be liable for full cancellation fees.
9. Africa & You will not provide tickets, coupons, vouchers or booking documentation until full payment has been received in the Company’s bank account.
10. Full payment (100%) of the booking is required for all flights at the time of confirmation.
11. Africa & You will not be held responsible if the Airline, Charter Company, Flight Carrier or Transfer Company experiences any delays. In all cases Africa & You will help the Client to make these bookings but it must be known that under all circumstances it is not the responsibility of Africa & You if any delays or losses occur. The Client must take this up with the individual company at the time of grievance should any grievances occur.
12. Africa & You is not in a position to guarantee any flights prior to receipt of payment thereof; as seats are often held for a limited period before ticketing is required (normally 24-48 hours)
13. Flight prices are subject to change by the airline. If payment is not received (in Africa&You’s bank account for EFT/Wire Transfer payments) within 48 hours of a flight quote being issued the new pricing will apply.
14. All Flight tickets are considered non-refundable unless otherwise specified in writing.
15. Once a deposit is received to confirm the itinerary, any change requests from this point will be subject to standard cancellation terms and new booking deposits will be required to confirm any new properties, transport or activities requested or required due to the change requests. Deposits are not transferable between properties.

PAYMENT METHODS

1.We accept all major credit / debit cards (MasterCard, Visa, American Express) – cc fees may apply
2.EFT/Wire Transfer (no fees apply, discounts may apply)

CANCELLATIONS

FITs:

Cancellations will be subject to the following penalties:

1. All cancellations should be made in writing and will only be deemed effective upon acknowledgment of receipt by Africa & You.
   • 30% non-refundable deposit due at the time of confirmation for land-only trip cost (100% non-refundable payment for regional & international flights upon confirmation)
   • 90-61 days prior to arrival: 50% penalty (excl flights)
   • 60-0 days prior to arrival: 100% penalty

All payments for flights are non-refundable from time of payment unless otherwise stated.

It must be noted that some sub-contractors may have different cancellation fee policies which will apply to their services. Please check with Africa&You should you require any flights changes and all costs incurred will be judged on a case by case basis according to airline & supplier restrictions and will be on the client’s account.

Standard Cancellation fees shall apply in instances of postponed departure dates.

Date changes will be treated on an individual basis and will attract an administration fee where stated and in some instances cancellation fees depending on the 3rd Party supplier’s penalty fees.

GROUP BOOKINGS (10 guests or more):

• A 50% NON-REFUNDABLE deposit must be received for the entire group to confirm the booking (subject to change according to supplier confirmation and cancellation policies).
• Group numbers must be confirmed and final upon confirmation of the booking. It is the right of Africa&You to refuse any change requests after confirmation (increase or decreased numbers or change in inclusions in the booking, however all requests will be assessed on a case by case basis).
• Final payments from the group leader/host/each individual participant MUST be received IN FULL no later than 90 days before the first date of travel. After this date 100% cancellation fees will apply.

RESERVATIONS

1. Please be advised that for any quotes, no provisional bookings have been made unless otherwise specified by your Africa & You consultant. Costs quoted are subject to change at any time due to inter alia excessive exchange fluctuations, fuel costs, taxes, levies, government regulations, rate of exchange, and factors that are imposed upon us by our suppliers and government that are beyond our control.
2. Accommodation is subject to availability at the time of the booking.
3. Provisional bookings will be held for a period of 14 days (2 weeks), where after confirmation of the booking and payment of a 30% non-refundable deposit will be required to secure the booking, (unless otherwise agreed between the parties in writing), failing which the booking will automatically be cancelled.
4. All quotations exclude flights, unless otherwise stated, and visa costs.
5. The Client (s) are to please advise Africa & You at the time of requesting a quotation, and of making a booking, of the ages of all children (under the age of 21 and as at the time of travel) that will be participating in the tour, together with their date of birth, as not all lodges accept children, and there may be restrictions or conditions applicable. Some properties will require that children under the age of 21 share with an adult.
6. It is recommended that optional additional activities should be requested at the time of requesting a quotation and/or making the booking, for example in Livingstone/Victoria Falls/Cape Town e.g. sunset cruise, to guarantee availability of such activities.
7. All Clients should allow a minimum 2 – 3 hours connection time in Johannesburg for international flights. Any unused travel services (accommodation/transfers/flights/activities) due to flight schedule changes, missed or delayed flights, are non-refundable as per our cancellation fees. All additional services required due to the above, will be for the Clients own account. For this reason we highly recommend Travel Insurance which may assist the Client in recovering some of their expenses.
8. Where Africa & You is required to book Scheduled flights, the Client (s) should advise Africa & You of their full names and surname, as per their passport, together with the international arrival and departure details at the time of booking, to enable Africa & You to allow for any connection time. Please ensure that the passenger’s full name and surname given to Africa & You is as reflected in their passport document. Please note that tickets issued in the incorrect name may result in the Client being unable to board the flight, additional costs in purchasing a new ticket or making an amendment to an existing ticket.
9. On confirmation of a booking, Africa & You requires the following information with respect to each and every Client:

As the first point of contact on the ground it is essential that we have the Client’s personal details on hand in the event of an emergency. By choosing not to complete and submit this information to Africa & You on behalf of the Client, will compromise the Company’s response time in the event of an emergency.

• Full Names, Surname and Passport Details;
• Nationality;
• Arrival & Departure Details of all Flights, as well as any International Connecting Flight Times;
• Medical/Travel Insurance Details as well as contact numbers of same;
• Emergency contact details for the Clients’ family;
• Any special Dietary Requirements / Medical Conditions;
• Room Preference e.g. Twin / Double;
• Special Requests / Special Occasions e.g. Birthday.

The travel Client (s) confirms that with confirmation of the booking the Client has read, understood and accepted the terms and conditions of Africa & You and its 3rd Party suppliers.

IMPORTANT BOOKING INFORMATION

Car Rental:

*PLEASE READ*

• If car rental is included in your itinerary then the daily rate has been agreed and settled as per the Car Rental Voucher, which will be provided to the client by Africa&You together with all other travel vouchers. The rental is on a pre-pay basis.
• It is essential that you bring the following documents/items with you when you collect your hire car. Africa&You will not be held responsible if collection is denied due to missing documentation:
  • Rental Voucher (provided by Africa&You)
  • Valid Drivers License in Drivers Name
  • Valid Passport for Driver
  • Valid Credit Card in Drivers Name
• Additional charges such as one way drop off fees (if you are dropping the car off in a different location to where you collected it), or additional fuel, traffic fines, requirements such as GPS or additional drivers, or any other additional charges or changes to the standard rental during the rental period will be charged to the guests’ own account.
• Please make sure you drop off the car with a FULL tank of Fuel as so not to incur additional charges from Avis.
• Avis work on a first come first served basis and if the vehicle booked on behalf of the client is not available then Africa&You cannot be held responsible. Africa&You is an agent for Avis and clients will have to take up any issues or concerns with Avis directly.

Shared Transfers and Activities:

1. Road, boat, air transfers and activities are quoted on a seat basis (on a shared basis and NOT private) unless otherwise requested or specified. Private charters/transfers can however be requested at an additional cost.
2. Transfer duration times are to be used as a guideline. They are based on actual travel time. Passengers may have various stops en-route to a destination adding to the duration of the transfer. International flight connections are accounted for in the daily schedules.
3. On shared transfers all the flight times are arranged a day before travel to avoid endless schedule changes. The transfer or charter company reserves the right to specify departure and arrival times.
4. Although every effort will be made to ensure that guests are transferred together in one vehicle/aircraft, this cannot be guaranteed especially where larger groups/families are confirmed due to the capacity of the vehicle/aircraft.

Weight and Luggage restrictions

1. It is the clients responsibility to ensure they meet the luggage restrictions provided by the airline they are travelling on. Please check with your travel adviser whether light aircraft transfers are included as these flights have tighter luggage restrictions than commercial/scheduled passenger aircraft.
2. For light aircraft transfers the Client (s) should advise Africa & You in the event that a passenger weighs over 100kg at the time of requesting a quotation, as well as at time of confirming the booking, as it may be necessary to cost in an additional seat on internal flights for the passenger’s safety and comfort.
3. Luggage is restricted on standard flight transfers to 20kg per person, which includes all hand luggage and camera equipment. Please refer to your itinerary notes, as in some instances, and in some countries, such as Zambia and Botswana, where light aircraft transfers are included, this limitation is decreased to 15kg per person. Please note that luggage in excess of the above restrictions shall result in additional costs for transport and/or storage and should be arranged in advance. Note that laundry can be done on a daily basis at most camps and lodges. For light aircraft transfers (eg Okavango Delta transfers, Federal Air and other light aircraft or charter flights) only soft bags will be accepted – no hard suitcases or bags with wheels can be transported, as they physically do not fit into the aircraft pod. The maximum dimensions of the soft bags that can be accommodated are as follows: 25cm/10 inches wide x 30cm/11 inches high and 62cm/24 inches long. Please keep in mind that the baggage compartments on the light aircraft are only 25cm high, so the pilots must have the ability to manipulate the bag into the compartment.

Guests arriving in any Southern & East African country, who have not adhered to the luggage guidelines as per above. For examples in Botswana passengers with overweight luggage will NOT be able to depart on the scheduled charter. New CAAB (Civil Aviation Authority of Botswana) regulations are very strict with regards to flight plans; departure timing and aircraft load sheets that have to be logged according to a prescribed timeline for each and every scheduled departure.

Guests who arrive with incorrect luggage will be given the option to book a private charter to their destination (at additional costs to be paid directly before departure) AND subject to the availability of aircraft at the time of booking these flights. No refunds on the costs paid for scheduled charters that were missed due to their incorrect luggage and or accommodation not provided due to this delay will be provided. In all cases, additional arrangements for transfers, overnight accommodation in Maun or Kasane and meals are for the guest’s own account.

It is no longer worth the risk of trying to arrive with luggage that does not fit the specifications of the inter-camp transfers. Guests will be left behind and will incur substantial additional expenses to proceed on their holiday.

HEALTH

1. The Client (s) acknowledges and is made aware of the proposed itinerary and confirms that he/she is medically fit, in good physical and mental health and that there is nothing which renders him/her unfit to undertake the tour.
2. Any Client with a pre-existing medical condition or illness must declare the true nature of such conditions to Africa & You before the commencement of the tour. The Client is responsible for attending to any medical condition which he/she may have and must consult with his/her physician in respect of all medical conditions which might be affected by his/her participation in the tour, activities or associated activities.
3. Clients who require prescription medication, are advised to carry it in their personal carry on luggage and NOT in their checked luggage in case of luggage not arriving with the Client. Prescription medication is not readily available in remote areas.
4. Africa & You hereby informs the Client (s) that all countries Africa & You book carry a malaria risk. It is the Client (s) responsibility to consult with their Health Practitioner and ensure that they take any prophylactics or anti malaria precautions.
5. Without derogating from the generality of the aforegoing, it is furthermore the Client’s responsibility to ensure that they are aware of the vaccination requirements for the countries they are visiting, that all vaccinations and inoculations have been obtained, and that they possess the relevant vaccination certificates. Clients who will be travelling to Kenya, Tanzania & Zambia and who are in transit through South Africa should ensure that they are in possession of a Yellow Fever vaccination certificate.
6. Any specific Health Conditions such as sleep apnoea, which require the use of electrical devices, should be advised prior to confirmation of a booking, as an alternate plan would need to be made for camps/lodges that do not have 24hour electricity supply.

INSURANCE

1. Travel, cancellation and health insurance is required for all Clients and it is the responsibility of each client to arrange his/her own insurance policy.
2. All insurance arrangements and fees are the sole responsibility of the Client and it is the sole responsibility of every guest to arrange and effect his/her own insurance cover and to ensure that he/she and his/her dependants and travelling companions have adequate insurance cover for the duration of this booking. The insurance will cover inter alia personal injury, medical expenses, medical evacuation, airline/operator default, death, disability, loss of support, loss of luggage/personal effects, damages and expenses associated with the cancelation or curtailment of any tour before the commencement of this tour, which may arise as a result of the Client participating in the tour.
3. Insurance details are to be provided to Africa&You on confirmation of the booking.
4. In the event that the Client falls ill or should be injured during the tour, the Client shall be responsible for all hospital, doctor, medical and repatriation costs and Africa & You shall not be liable for any refund of the tour fee for any reason whatsoever.
5. The details stated within the Client’s chosen travel insurance policy with regards to COVID19-related claims (travel restrictions, flight disruptions, quarantine, hospitalisation and any other issue relating to COVID19) is the responsibility of each client to check and not that of Africa&You. All costs incurred through any issues before, during or after their trip, relating to COVID19 are for the guests account.

Visas/Passports/Travel Documents

The Client is solely responsible to ensure that his/her passports, visas, insurance cover and vaccination certificates, (and any other travel documents and/or requirements of any nature whatsoever) are valid for the duration of the tour and in the countries to be visited. Immigration requirements require passports to be valid 6 months after the intended date of departure from your holiday destination, and there need to be as many blank pages as required for entry (and exit) into each country as stated on the government entry requirements.

Our recommendation for travel throughout Southern & East Africa is as follows:

“Visitors to Africa must have a passport that is valid for at least 6 months beyond your intended departure date, together with onward travel documents, proof of accommodation and sufficient funds for the duration of your stay. Please also ensure that you have sufficient blank visa pages (not endorsement pages) in your passport with as many blank pages as required for entry (and exit) into each country as stated on the government entry requirements.”

GENERAL TERMS

1. Africa & You shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to by it in writing. No representation, term, warranty or condition express or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.
2. No indulgence, which Africa & You may grant to any party, shall constitute a waiver of any of the rights of the Company, and Africa & You shall not hereby be precluded from exercising any rights against the Client, which may have arisen in the past or which might arise in the future.
3. Each of the terms or conditions of this document are separate and severable, which are individually and jointly enforceable. In the event that any one or more of the provisions of this document are found to be invalid, unlawful and/or unenforceable, such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid, in full force and effect.
4. All Clients undertake to obey all instructions given by Africa & You and its 3rd Party suppliers and to comply with the general Codes of Conduct as may be issued by the various 3rd Party suppliers from time to time, including any prohibition on smoking imposed on any coaches and at any hotels/venues on any tour, throughout the duration of the tour.
5. Neither party shall be liable for any breach of this Agreement or other failure performance arising solely as a result of an event of force majeure which means any event outside the control of the party relying upon it as reason for failing to perform any obligation under this Agreement, including (without limitation) any act, order or requirement of government (national or local), war or threat or war, terrorist activity or the threat of the same, adverse weather conditions such as to create serious risk of death or serious injury or otherwise make performance of the contract dangerous to any person, and any form of industrial action.
6. Neither party may transfer or assign its respective rights and obligations under this Agreement without the other Party’s written consent.
7. This document, together with all annexures, addendums and/or itineraries attached hereto, constitutes the whole agreement between the Client and Africa & You and no variation, cancellation, novation or deletion of any provision of this document shall be binding unless reduced to writing and signed by the Client.
8. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and any dispute between the parties shall be determined as provided for hereunder.

• All matters arising from or in connection with these terms and conditions and any contract concluded by the Client, the Company, its validity, existence and termination shall be determined in accordance with the laws of the Republic of South Africa.
• The Parties agree that the decision of the Arbitration will be final and binding.
• Nothing herein contained shall be deemed to prevent or prohibit either party from applying to the appropriate court for urgent relief or for judgment in relation to a liquidation claim.
• Any arbitration in terms of this paragraph shall be conducted in camera and the parties shall treat as confidential and not disclose to any third party details of the dispute submitted to arbitration, the conduct of the arbitration proceedings or the outcome of the arbitration, without the written consent of the other party. The provisions of this subparagraph will continue to be binding on the parties notwithstanding any termination or cancellation of any contract concluded by the Client, with the Company.

These terms and conditions are effective immediately on confirmation of a booking and shall continue to be in full force until written variation and/or termination is confirmed by the Company.

Africa & You will keep all documentation for the specific tour/safari/holiday made for and on behalf of the Client (s) for no longer than 30 days after the end of the Clients travel date. After this period it will be deemed that the tour/safari/holiday was successful and that all parties are happy and the documents will be omitted from Africa & You files.