Terms and Conditions, Security and Privacy (GDPR)

Booking Terms and Conditions

By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.

All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of Escape 4 Africa Travel Reg. No. 2008/137073/23 trading as African Overland Tours (‘AOT’) (‘the T&C’) herein after referred to as ‘the Company’ accepts bookings subject to the terms and conditions and the terms and conditions of various third party service providers (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company requests on your behalf to render services or provide products to you (see re such suppliers below: ‘Third Party Service Providers’).

This booking and subsequent contract shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.

The parties consent to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended, but it is specifically agreed that the Company at it’s instance will have the discretion to sue in the High Court if it deems it appropriate. The parties choose their respective domicilium citandi et executandi as reflecting in the Booking Form.

All prices and services are correct at the time of updating. All prices, services and departures are subject to change but the Company will use its best endeavours to advise the client.

The Company reserves the right to alter the published price of any tour due to increasing tariffs, costs and entry fees or fluctuation of exchange rates, such amounts shall reflect and not exceed any of the aforesaid amounts.

The Company will not accept any booking where the booking form is unsigned or incomplete in any respect and the deposit has not been paid.

The Company reserves the right to decline any request for booking without outlining its reasons therefore.

No booking shall be considered confirmed until a written booking confirmation has been sent to the client and the full amount due paid.

The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the enquiry is made or advice sought or estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).

What we do

The Company is providing professional travel services which simplifies the travel planning process for customers, in addition to providing professional consultation services and entire travel packages solutions. These cost get incurred upfront with The Company and realised at time of booking confirmation (deposit paid) of travel services through commission which is included in the travel package (commission ranges from 10% – 30%).

Deposit and Payment

All prices and services are correct at the time of updating. All prices, services and departures are subject to change but the Company will use its best endeavours to advise the client.

The Company reserves the right to alter the published price of any tour due to increasing tariffs, costs and entry fees or fluctuation of exchange rates, such amounts shall reflect and not exceed any of the aforesaid amounts.

The Company will not accept any booking where the booking form is unsigned or incomplete in any respect and the deposit has not been paid.

The Company reserves the right to decline any request for booking without outlining its reasons therefore.

No booking shall be considered confirmed until a written booking confirmation has been sent to the client and the full amount due paid.

The following payment terms apply to all Company services, excluding air travel, confirmed:

• A 30% deposit is required to secure a booking. This amount forms part of the payment for the trip and shall be offset to the total amount charged
• The remaining 70% Balance is required to be paid in full at 75 days prior to tour departure. If the full amount is not paid by 75 days prior to departure, the Company reserves the right to treat the booking as cancelled by the client and the deposit in its entirety or a substantial percentage thereof relating to services rendered and irrecoverable payments made on behalf of the client shall be forfeited.
• 100% Full Payment is required for any tours booked within 75 days or less of tour departure to secure the service.
• Air travel services requiring instant payment will be charged in full at time of confirmation.

Should you wish to make payment for your trip by means of a credit card, please note that in terms of the South African Reserve Bank foreign currency regulations, all payments must be converted into South African Rands prior to credit card payment processing. This may lead to foreign exchange variances. Strengthening and weakening of the South African Rand may increase or decrease the billing amount reflected in your currency.

In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations.

In the case of group bookings, full payment is required by each respective individual/company in order to confirm/secure any airline seats/accommodation/car hire or any other group arrangements on offer/discussed. If full payment is not received by the applicable date, the Travel Agent will automatically cancel any airline seats/accommodation/car hire or any other group arrangements on offer/discussed/confirmed and the Client will have no right of recourse against the Travel Agent or any of the Principals.

Please note that often more than one itinerary is prepared during the booking process and it is the Client’s obligation to ensure that all the details in the final version submitted to it is correct.

Clients are welcome to settle payment by means of a bank transfer – in this instance the amount will be converted by your bankers on presentation of our invoice. It is the client’s responsibility to inform and instruct their bankers that the net invoice amount must equal the funds clearing into the Company bank account and that ALL bank charges are for the client’s account.

CAR & VEHICLE HIRE

These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you don’t understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees. The Company strongly recommend you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Note that the Car Hire T&C shall constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C.

Similarly the Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers travelled etc.

AIR TICKETS

These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and the Client MUST enquire about ALL the applicable conditions BEFORE you pay for the ticket. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee Note that the Air T&C shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Client’s rights of recourse as a consequence of over-booking are prescribed by the CPA. Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult the Company about refunds for unused tickets as strict deadlines apply.

Cancellations

The client will be subject to the following penalties if they cancel the booking for any reason whatsoever:

Regardless of the date of cancellation, the company will be entitled to retain as a forfeit by the client whichever is the greater of the following (which covers “agent service fee” and costs rendered up and after time of booking):

• The deposit that the client paid;
• The aggregate of the following:
  • 15% (fifteen percent) commission of the total price
  • Transaction fees
  • Administration fees
• 100% when cancelled 75 days or less prior to travel.
• 100% Gorilla Permits.
• Any air ticket cancelled after confirmation (ticketing of airline reservation) will be subject to the applicable terms and conditions levied by the airline based on the fare type.
• Please note should you want to change the date of the service there could be a Tour Change Fee will be charged dependent on the travel service booked and the date of requested change, as advised by the the tour supplier. A tour price difference will be included in this tour date change if the new tour date is within the new travel year.
• The agent service fee covers all the consulting/planning time, administration, marketing and professional services that the agent provided leading up and after confirming the booking for the travel experience.This amount is forfeited by the traveler.

Any passenger joining a tour after the departure date, or not at all, or leaving before the completion of the tour for any reason whatsoever, is not entitled to any refunds whatsoever from the Company, or entitled to claim any costs for any added expenses.

The Company reserves the right to cancel or postpone any tour at its sole and absolute discretion, without prior notification in instances where this is unavoidable.

Tours are subject to a minimum booking of five (5) passengers. If that number is not obtained, the Company reserves the right to cancel the tour.

Passports, visas and other travel papers

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of Tour Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the detail therein are correct.

It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with the Travel Agent before travelling.

The Travel Agent will endeavour to assist the Client but such assistance will be at the Travel Agent’s discretion and the Client acknowledges that in doing so, the Travel Agent is not assuming any obligation or liability and the Client indemnifies the Travel Agent against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical and the Client must be in an adequate condition required for the Proposed Travel Arrangements.

Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The client must ensure that the details supplied to the Travel Agent mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 months after your scheduled return to South Africa. Non South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure.

Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore caution should be taken when your countries of transit or final destination issue visa on arrival. These must not be taken for granted and ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.

Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise your Travel Consultant how far your pregnancy is when traveling, as some service providers have restrictions.

ABRIDGED BIRTH CERTIFICATES FOR CHILDREN

PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS

BROADLY SPEAKING THE FOLLOWING IS REQUIRED WHEN A MINOR TRAVELS WITH HIS/HER PARENTS/GUARDIAN:

• The minor must have an unabridged birth certificates
• In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.
• All documents must be original or copies certified as a true copy of the original by a Commissioner of Oaths or the equivalent commissioning authority should Commissioners of Oaths not be a practice in the country concerned.
• All documents not in English should be accompanied by a sworn translation issued by the competent authority in the country concerned.

Non South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure

Insurance

Comprehensive travel and cancellation insurance is mandatory on all tours. It is the client’s responsibility to ensure that they have this insurance in place and the required paperwork to prove such before embarking on the tour. We strongly suggest “Cancel for Any Reason” insurance should any trip be postponed or cancelled.

Any resulting consequence of not having this paperwork is the sole responsibility of the client.

Luggage

All luggage and personal effects are at all times the client’s responsibility and the Company does not accept any liability for any loss or damage of any personal effects, howsoever arising.
On overland trips clients are entitled to one bag of not more than 20 kg and a daypack. Should the client require a larger luggage allowance, this can be arranged at the discretion of the Company and on payment of a fee that the company may levy. The Company retains the right to refuse excess luggage.

Risk

The client accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither the Company nor any of its agents shall be held liable in any way for any injury, loss of life or damage to property, howsoever caused and the client hereby indemnifies and holds the company, its agent, assigns and servants harmless from any such claim.
The client accepts full responsibility for all risks involved.

You indemnify the Company and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.

The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against the Company for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.

The Company acts solely in the capacity of an agent for third parties and as such the Company holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/ dissatisfaction caused by third party products and services. The Company shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect the Company to have discovered the product failure having regard to the Company role in arranging access to the third party products and services on behalf of the Client.

Health

The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that they are medically fit to embark on the tour. We suggest that you contact your local GP for health information on the visiting country.
We do, however, require a medical certificate or doctor’s letter in respect of all clients over age 65 participating in an overland tour, confirming that they are medically fit to undertake the adventure.

Insurance

All clients need to take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment. Travel insurance is compulsory for every tour and will need to provide proof before commencing your trip. We strongly recommend “Cancel for any reason insurance” .

It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

Please note that various credit card companies offer limited levels of travel insurance, which the Company does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

Passports and Children

Please note that anyone travelling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left and a right hand page). Passengers travelling to Southern Africa with passports which do not comply with these requirements, will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa. In addition, a parent travelling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police.

Authority on Tour

The decisions of the operators guide /driver on tour shall at all times be final and binding, i.e. due to weather and road conditions, safety precautions, etc.

The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.

Should the client be in any contravention of the above or the client is a nuisance to the group the driver/guide may order the client to leave the tour without any claim to a refund. The client shall be obliged to make their way home at their own expense.

Marketing

The Company reserves the right to use any photographs and videos taken during tours for use in marketing or any other advertising material and the client hereby gives consent of such photographs to be used and for the company to retain copyright over such photographs to be used and for the Company to retain copyright over such material.

Agreement

The information contained on this site is an invitation to do business and not an offer. If you forward an offer to us, the Company shall indicate their acceptance thereof by return mail. The Company act herein as an agent for our respective business partners and therefore any agreement resulting from the acceptance of an order is deemed to be an agreement between the relevant business partner and yourself.

Security and Privacy Terms and Conditions

The Company has created this security and privacy statement in order to document and communicate its commitment to doing business with the highest ethical standards and appropriate internal controls.

General Data Protection Regulation (GDPR)

Amongst other things, the law covers:

The obligations of companies who receive data from EU citizens;

The rights of EU citizens with relation to the data they share

The GDPR introduces the concepts of a ‘Data Controller’ (organisation who originally receives the data from a customer) and a ‘Data Processor’ (organisation engaged by the Data Controller to provide a good or service for the customer).

For all bookings with the Company we are considered the ‘Data Controller’ and each tour operator the ‘Data Processor’. In some cases, you might also be considered a ‘Data Controller’ in which case you need to ensure that you also comply with GDPR regulations as a controller. This relationship involving the sharing of customer data for the purpose of providing their requested services implies some actions and responsibilities.

The GDPR enshrines the right for a customer to request to be forgotten (have their personal data removed from systems). If a customer were to make such a request, then the tour operators providing the services need to work with us to comply with the customer request.

If a tour operator becomes aware of a data breach of their systems which could have exposed personal data of our customers, there is a requirement to inform us of this breach in a meaningful timeframe.
Without explicit consent from the customer and the Company, GDPR legislative framework prohibits the sharing of a customer’s personal data with any 3rd parties not required for the provision of the services requested.

All Tour Operators with Tours offered by the Company are required to agree to a ‘Processor and Non Disclosure Agreement’. Understanding and agreeing to the points in this document is a legal requirement for all companies in response to laws passed by the European Union.

Explicit Information Gathering

Any information requested from you is used to provide information for the purpose of those who enquire about our products and services, to ship orders, to bill orders, and to handle related business matters. This information is also used to get in touch with customers when necessary. From time to time, the information gathered through this site will be used to notify you about products and services that we think will be of interest to you.

Information Usage

When you disclose personal information to us that is where it stays. The exception involves disclosure according to an order of a court, for example responding to a subpoena or search warrant. We do not sell, rent, trade, lend, or otherwise transfer such personal information to affiliates, subsidiaries, sister companies, holding companies, parent companies, strategic partners, or any other organisation.

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information to any ground handler or supplier of your tour/travel for which the information is required insofar as reasonably necessary for the purposes set out in this policy.

Links to Other Sites: This site contains a number of links to other sites. The Company is not responsible for the security or privacy practices of these sites, the products or services offered by these sites, or the content appearing on these sites.

Security Measures

We employ a variety of other mechanisms to ensure that data you provide is not lost, misused, or altered inappropriately. These controls include data confidentiality policies and regular database backups.

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure password- and firewall-protected servers.

All electronic financial transactions entered into through our website will be protected by encryption technology.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

Your rights

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

The supply of appropriate evidence of your identity for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your
current address.

We may withhold personal information that you request to the extent permitted by law.

You may instruct us at any time not to process your personal information for marketing purposes.

In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal Information for marketing purposes.

Privacy Policy

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Note, the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

The Company will keep all personal information you give us as strictly confidential and no personal information will be made available to third parties, unless obliged to do so by law or legal process.

When you forward personal information including your name, e-mail address, mailing address and credit card details to us, the Company will use a secure server to encrypt such information before it is received by us. Once we receive it, we will protect such information from unauthorised access and use.

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 customise 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. Cookies cannot harm your computer in any way and are an industry standard.

We use Google Analytics Universal to analyse the use of our website.

Our analytics service provider generates statistical and other information about website use by means of cookies. The information generated relating to our website is used to create reports
about the use of our website.

Our analytics service provider’s privacy policy is available at: http://www.google.com/policies/privacy.

Furthermore, our users may configure their browsers to not accept our cookies. The Company may send e-mail messages to our customers with news and special offers and users may, by return mail, indicate whether they would prefer not to receive any such mail in future.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Collecting personal information

We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of
this website including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, demographics and website navigation paths

(b) Information that you provide to us when registering with our website including your email address

(c) Information that you provide when completing your booking on our website including your name, profile pictures, gender, nationality, emergency number, telephone number, date of birth, interests, dietary allergies and employment details

(d) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address

(e) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use

(f) Information contained in or relating to any communication that you send to us or send through our website including the communication content and metadata associated with the communication

(g) Any other personal information that you choose to send to us; and information provided to us with your consent

Before you disclose to us the personal information of another person, you must obtain that person’s  consent to both the disclosure and the processing of that personal information in accordance with this policy.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area such as South Africa, Namibia, Botswana, Zimbabwe, Zambia, Malawi, Tanzania, Kenya, Uganda,Mozambique, Swaziland, Lesotho but not limited.

Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to the transfers of personal information

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Intellectual Property Rights

All the content on this site, including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of the Company and its associates and are as such protected by South African and International Intellectual Property Law.

Disclaimer of Warranties and Limitation of Liability

This site is provided on an “as is” and “as available” basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, this site’s owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site’s owner does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. This site’s owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Although the Company endeavours to provide accurate, up- to-date and truthful information on this site, neither the Company nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials and products included and available from this site.

Escape 4 Africa Travel, its employees, agents and associates will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or the information contained hereon, including but not limited to direct, indirect, incidental, punitive and consequential damage.

The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company’s Privacy Policy) constitute collectively 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 the Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions.

The Company reserves the right to revise these conditions from time to time – each revision will be dated and posted on its website.

Editorial Control

This website contains content provided by third parties and hyperlinks to other sites. the Company does not smokescreen or filter such content or the other sites or information available from the other sites, and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage our users to report any infringement, illegal or criminal content found on any of the sites available through links from this site in order to investigate whether such a link should be removed. Due to the variation of season our rates are purely an indication and whilst we do our level best to maintain the accuracy these are indicative.

Applicable Law

This site is created, maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.

Change to User Agreement

The Company reserves the right to make changes to this site and this user agreement at any time without notice.

Our Banking Details:

Account Name: Escape 4 Africa Travel
Bank: First National Bank of South Africa
Branch: Tokia
Branch Code: 20 04 09
Account Number: 621 528 244 07

Proof of Bank Transfer payment must please be e-mailed to the Company Consultant or it can be faxed to

+27 86 529 0767

Cancellations, Postponements and Unforeseen Circumstances

The Company and / or Service Providers engaged by the Company on your behalf may have to cancel, postpone or make material changes/unscheduled extensions to your booking /itinerary due to Force Majeure, in which event the following will apply.

Unforeseen circumstances and including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.

The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements:

• Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, floods, earthquakes, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, lightening strikes and other natural disasters;
• Industrial action such as strikes and lockouts, whether of a political nature or not;
• War, sabotage, terrorism, civil commotion, insurrection and any steps taken by the country’s government in this regard
• Epidemic, pandemic or the outbreak any other life and/or health threatening diseases or events such the spillage of dangerous contaminants
• Any other event that is due to an irresistible force, unavoidable and external accident
• Breakdown of public services and amenities
• National and/or regional border closures and international and/or regional travel restrictions
• The geographic location, origin and/or epicenter of the Event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties

QUALIFYING REQUIREMENTS

• The parties agree that the above prima facie force majeure events (‘the Event’) will only qualify as such if the following conditions are met:
• The party invoking force majeure (‘the Force Majeure Party / FMP’) must immediately advise the other party (‘the Force Majeure Recipient / FMR’) in writing
• The Event must not be due to the fault, negligence or breach of contract on the part of the FMP
• The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible
• The FMP uses and has used due diligence and its best endeavours to overcome and/or remove the Event
• The FMP must mitigate its own damages
• The FMP must take all reasonable steps to avoid non-performance
• The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent

REMEDIES

• If the parties are in disagreement about the qualifying requirements, the parties will resort to alternative dispute resolution (‘ADR’) as provided for in the agreement
• If they are in disagreement but do not wish to resort to ADR or if any one or more of the qualifying criteria are not met, the FMP will have the option to agree a postponement with the FMR and the contract will be performed at the postponed date or the FMP can cancel the contract and the cancellation provisions will apply.
• If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavours to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavours to reimburse the FMP monies received from it and paid to third party service providers which it manages to recover less irrecoverable disbursements and a reasonable management and service fees.

Dispute Resolution

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

1. Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the mater amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having
   jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application

Contacting Us

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Sending electronic mail to info (at) escape4africa.com
Faxing [+27-86 529 0767] any time of day or night.
Physical address: Fusion House, Black River Park, North Block, Fir Street, Cape Town
Post Box: Post Net Suite, Private Bag X1, Vlaeberg, 8018
Or phone us on +27 21 448 0997

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