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 Soul Adventures as if they had individually made the application themselves.
2. All estimates or quotations provided by, or bookings made with Soul Adventures 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 (‘the fare’) and will only be refunded if the application cannot be accommodated. (Most airlines stipulate that tickets have to be issued within 3 working days of a booking being made).
4. The full amount due by the client to Soul Adventures shall be payable not less than six weeks prior to the date of departure. If the full amount is not paid in due time, Soul Adventures 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, Soul Adventures reserves the right to charge an amendment fee per booking. One itinerary amendment is free, thereafter each change will be charged at R300 per booking, over and above the tour cost.
6. If a booking is cancelled or postponed for whatever reason, 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 Soul Adventures, the latter shall retain the full deposit but any amount paid in excess thereof will be reimbursed to the client;
6.2. less than sixty days before departure, Soul Adventures 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 Soul Adventures shall retain the full deposit and a cancellation fee will be payable equal to 80% of the land arrangement plus up to the full amount of the air ticket
6.4. less than 15 days prior to departure Soul Adventures 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 Soul Adventures, who reserves the right to and shall be entitled to cancel any tour or product sold prior to departure, Soul Adventures shall be obligated to refund all amounts received by it and the client, who shall have no further claim of any nature whatsoever against Soul Adventures arising out of such cancellation
7. Should a client fail to join a tour, or fail to use the accommodation/services booked by Soul Adventures on their behalf, for any reason whatsoever, no refund or liability will be accepted by Soul Adventures.
8. Soul Adventures 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. Soul Adventures 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, 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 & repatriation insurance is compulsory for all Soul Adventure bookings, and it isthe client’s responsibility to arrange such insurance, either through Soul Adventures or though the clients 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 Soul Adventures from time to time, without notice to the client, at the discretion of Soul Adventures 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 Form, Soul Adventures reserves the right to re-cost the fare and raise a surcharge. Should any clients refuse to accept and pay such surcharge, Soul Adventures 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/she is in possession 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. Soul Adventures will endeavour to assist the client but such assistance will be at Soul Adventuresâ€™ discretion and the client acknowledges that in doing so, Soul Adventures is not assuming any obligation or liability and the client indemnifies Soul Adventures 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 Soul Adventures, 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 and whatsoever rights which the client may have against Soul Adventures, 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 Soul Adventures 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 Soul Adventures, 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 Soul Adventures 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. 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.
15. These terms constitute the entire terms of the relationship between the parties. There exists 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 Soul Adventures or otherwise that is not included herein.
16. Clients, who have special requests, must specify such requests to Soul Adventures in the Booking Reservation Form. Whilst Soul Adventures will always endeavour to accommodate such requests, it does not guarantee that it will always be possible.
17. No refunds will be considered in any circumstances whatsoever, although Soul Adventures may, in its sole discretion, consider a refund in the event of death or serious illness of the client.
18. Soul Adventures will under no circumstances be liable for any claim whatsoever, unless such claim is due to the gross negligence of Soul Adventures and such claim is lodged in writing with Soul Adventures 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 Soul Adventures be liable for any indirect or consequential loss or damage.
19. South African law and the jurisdiction of South African courts will govern the relationship between the Client and Soul Adventures.