Bookings Terms and Conditions

BOOKING TERMS AND CONDITIONS

Bookings Terms and Conditions.. The website www.overlandafrica.com is owned and operated by Go2Africa (Pty) Ltd (“Go2Africa”). The following terms and conditions form the basis of your contract Go2Africa (Pty) Ltd. Please read them carefully as they are legally binding.

DEFINITIONS AND INTERPRETATION

In this agreement the following words will have the meanings referred to below, unless the context clearly
indicates otherwise:-
a) “Africa Safari Expert” means our Africa Safari Experts;
b) “the Agreement” means the Customer Booking Form (defined below) and the applicable customer quotation
form and or customer confirmation form read with these Terms and Conditions;
c) “the Customer Booking Form” means the form completed by you and submitted to Go2Africa confirming your
acceptance of the Customer Confirmation;
d) “the Customer Confirmation Form” means the form sent to you by Go2Africa, marked Confirmation,
confirming the price of the final itinerary travel products and services that you wish to purchase;
e) “Customer Quotation Form” means the form sent to you by Go2Africa, marked Quotation, indicating the
estimated prices of the travel products and services that you wish to purchase;
f) “CPA” means the Consumer Protection Act, 2008;
g) “Day” means a calendar day;
h) “Departure Date” means the date on which you start your travels as indicated in the Customer Booking Form;
i) “Deposit” means the monies payable by you to Go2Africa to secure your booking;
j) “Force Majeure” means any extraordinary event or circumstance beyond the control of the parties, including
but not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural
or nuclear disaster, adverse weather conditions, epidemics and fire;
k) “Go2Africa” means Go2Africa (Pty) Ltd, a private company, registration number: 1998/015392/07 duly
registered in terms of the laws of the Republic of South Africa, carrying on business at 3rd Floor Longkloof
Studios, Darters Road, Gardens, Cape Town, 8001 with VAT Registration Number: 4260196938;
l) “Involuntary change” means a change/s to a booking caused by, Scheduled Airline Failure, bad weather,
airport or airline strikes, Supplier Schedule Failure and all other Force Majeure;
m) “in Writing” means written communication sent to Go2Africa by recorded delivery post or by email.
n) “You/Your” means the client described on the Customer Booking Form.
o) “Voluntary Change” means changes requested by you that do not constitute an Involuntary Change which
may result in additional costs including but not limited to cancellation, amendment and administration fees and
cost of new services;
p) “Overbooking Displacement” means cancellation or rescheduling of a service by a service provider due to a
supplier booking error;
q) “Parties” means both you and Go2Africa;
r) “Supplier” means a third party who supplies you with travel services, including but not limited to airlines,
transfer companies, car rental companies, tour operators, hotels and suppliers of accommodation;
s) “Supplier Schedule Failure” means a Supplier’s failure to provide you with travel services as per your
booking, including but not limited to an Overbooking Displacement;
t) “Scheduled Airline Failure” means an airline’s failure to operate at all or to operate according to the flight
schedule for reasons including but not limited to technical failure or weather conditions;
u) “Service fee” means the portion of your Total Confirmed Price that covers the services provided by Go2Africa
including but not limited to booking services, administration, communication, amendment, cancellation and bank
charges.
v) “Total Confirmed Price” means the total cost of services rendered to you on behalf of Go2Africa or by
Go2Africa, as indicated in the Customer Confirmation Form;
w) Expressions in the singular also include the plural, and vice versa; and
?x) Pronouns of any gender include the other gender

PART A:
YOUR DEALINGS WITH GO2AFRICA IN RESPECT OF TRAVEL SERVICES AND PRODUCTS OFFERED
BY SUPPLIERS
1) SECURING YOUR BOOKING

 

1. a) In order to confirm your booking, you need to make the following payments to Go2Africa:-
i) 30% Deposit at time of booking excepting air travel, which requires 100% payment upon booking, as tickets
have to be issued simultaneously, and villa bookings which require 50% deposit;
ii) Final balance due 60 days prior to travel;
iii) 100% Of the Total Confirmed Price for bookings made less than 60 days prior to departure,
iv) Greater deposits may be required in instances of specialist product &/or peak season travel.
b) If the above payments are not received as indicated, Go2Africa will be unable to confirm the booking for you

2) PRICES AND PAYMENT

1. a) You will be liable for the Total Confirmed Price, less any payments made by you plus any additional charges
due to booking changes that may be charged as explained in clause 4 of this Agreement.
b) All payments must be made by credit card, internet transfer (electronic funds transfer) or telegraphic transfer
(SWIFT). Payments are normally cleared within five business days. Cash and travellers cheques are not. If you fail to make the payments on or before the due date, your booking will be cancelled and you will forfeit the
relevant deposit paid in terms of clause 1.1 above.

3) PRICE INCREASE

3. 1. a) 3.1 All Customer Quotation Forms and Customer Confirmation forms generated by Go2Africa are based upon
external supplier costs such as air fares, airport taxes, fuel surcharges, accommodation, car hire, park fees and
gate fees which are outside of the control of Go2Africa. These supplier costs are therefore subject to change until
final payment has been received or in the instance of air travel, until air tickets have been issued.
b) You agree that should any such costs increase, such an increase will be for your account and shall be payable
to Go2Africa or as otherwise instructed by Go2Africa.
c) You also acknowledge that:
i) airlines reserve the right to levy additional or increased airport taxes and fuel charges – without notice – at
any stage prior to flight and any such costs increased as a result of an increase effected by the airline will
be for the Client’s account and shall be payable to Go2Africa or as otherwise instructed by the airlines
ii) road transportation companies such as transfer and car rental companies reserve the right to levy additional
charges due to fuel price increases and/or government road levies – without notice – at any stage prior to and
any such costs increase as a result of an increase effected by the road transportation company will be for the
Client’s account and shall be payable to Go2Africa or as otherwise instructed by the road transportation company;
iii) Government/National Bodies, concession owners and other such parties involved in the running of private or
public natural parks reserve the right to levy additional or increased park fees – without notice – at any stage prior to
arrival and any such costs increased as a result of an increase effected by such parties will be for the Client’s account
and shall be payable to Go2Africa or as otherwise instructed by such parties.

4) CHANGES TO BOOKINGS

4. 1. a) Go2Africa will make every effort to adhere to the confirmed itinerary. However, where Involuntary Changes are
significant– such as change of accommodation or transportation – Go2Africa undertakes:
i) To provide a reasonable alternative at no additional cost, subject to the terms and conditions of the relevant
Supplier;
ii) In the event that you reject the reasonable alternative provided or should a reasonable alternative not be
available as per 4.a.i above, to refund you the monies arising from the Involuntary Changes, subject to the terms and
conditions of the relevant Supplier
b) In the event of refunding you, to assist you in identifying alternative services, subject to all additional costs for the
alternative services being for your account.
c) Should you wish to make a Voluntary Change to your booking, Go2Africa will use its best endeavours to accommodate you.
However Go2Africa reserves the right to charge the applicable cancellation fees referred to in clause 7.3 as well as an additional
administration fee of R300.00 per person per booking amended together with any additional costs arising from the Voluntary
Change, including those charged by the relevant Supplier.

5) TRAVEL DEALS AND DISCOUNTED RATES

1. a) All Travel Deals and Discounted Rates advertised on the Go2Africa website or quoted in the Customer
Quotation form have separate terms and conditions prescribed by the Supplier of the relevant goods and/or Services. It is your
responsibility to obtain such separate terms and conditions as you will be bound by them.

6) WAIVER, INDEMNITY AND LIABILITY

1. 1. a) All vouchers, receipts and tickets issued by Go2Africa to you are subject to the Supplier’s terms andb) Participation in any tour or travel package arranged by Go2Africa and provided by any of its Suppliers
(including but not limited to transportation to or from any venue) is undertaken at your own risk.
c) You indemnify Go2Africa 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.
d) The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims
which they may have against Go2Africa 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.
e) Go2Africa acts solely in the capacity of an agent for third parties and as such Go2Africa 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. Go2Africa 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 Go2Africa to have discovered the product failure having regard to
Go2Africa’s role in arranging access to the third party products and services on behalf of the Client.

7) CANCELLATION AND REFUND POLICY

7. 1. a) In the event that you cancel your booking, in full or partially, for any reason whatsoever Go2Africa will levy
cancellation charges as defined in 7.3. In the occasional instance where Go2Africa is able to obtain waivers of cancellation fees and/or
secure an ex-gratia refund from suppliers Go2Africa will pass this on to you less the Service Fee. However, Go2Africa makes no guarantees
as to securing such waivers or refunds.
b) Cancellations of bookings must be done in writing. Where cancellations are sent by e-mail, you must obtain an e-mail proof of receipt and
retain written acknowledgement of receipt from Go2Africa.
c) Cancellation of bookings
d) 61+ days before departure: Deposit non-refundable
e) 0-60 days before departure: 100% Cancellation fee
f) Go2Africa will make every effort to confirm your requested travel services upon receipt of your deposit payment.
In the unlikely event of us being unable to confirm your requested travel services, you will be offered alternative available travel services.
Should the alternative available travel services not be acceptable to you, we will provide a full refund, subject to the terms and conditions
of the relevant Supplier.
g) Go2Africa will make every effort to avoid misquotation. However we reserve the right to cancel a reservation without liability or penalty
if an obvious error or omission leads to a material cost implication.
h) No refunds will be given by Go2Africa for partly used vouchers or for no-shows.

8) COMPLAINTS AND DISPUTE RESOLUTION

1. a) Any complaints should be telephonically reported to Go2Africa at the time of the incident and should be
followed up in writing to Go2Africa, marked for the attention of the Operations Manager, no later than 30 days
after the incident has occurred.
b) Complaints should be forwarded to P.O. Box 16194, Vlaeberg, 8018, Cape Town, South Africa or alternatively
via email to customercare@go2africa.com
c) Go2Africa will acknowledge your complaint and endeavour to investigate it with the relevant service provider
within a 30 days period after which it will provide you with written feedback.
d) Although Go2Africa will make every effort to assist in the resolution of the complaint, it cannot
guarantee the satisfactory resolution of complaints for services and products outside of its control and for which it is not responsible.

PART B: YOUR DIRECT DEALINGS WITH OTHER SERVICE PROVIDERS
9) FLIGHT RULES

1. a) All airlines require the full names of passengers as stated in their passports.
b) After air tickets have been issued, any changes will be subject to the relevant Airline’s terms and conditions
applicable to that fare type.
c) It is your responsibility to check and correct any errors in respect of your flight reservations which appear on the
Customer Confirmation Form and Customer Booking Form. Go2Africa accepts no liability for incorrect details
provided by you.
d) Airfares are only guaranteed once final payment has been received and the air ticket has been issued.
e) If any Airline levies additional or increased airport taxes and fuel charges at any stage prior to your flight, you
agree that such an increase will be for your account and shall be payable to Go2Africa or to the Airline if
instructed to do so.
f) You must reconfirm all onward and return flights with the relevant airline at least 72 hours prior to your flight.
g) Go2Africa cannot guarantee any airline seating or meal requests. However Go2Africa will endeavour to assist
you in this regard.
h) All of your baggage and personal belongings are at all times at your responsibility. Go2Africa will not accept any
liability for your misplaced baggage or any loss or damage to your baggage or personal effects.
i) Should you cancel your air ticket, the cancellation will be subject to the relevant Airline’s terms and conditions
applicable to that fare type.
j) Should a refund be granted by the relevant Airline, it may be subject to a delay. Go2Africa will only be obliged to
refund any amounts once it receives them from the relevant airline.
k) Air tickets which are unused for more than 1 year from the date of their issue are considered as expired and
must be submitted to the relevant airline for their authority to refund. Go2Africa will make every effort to assist
you in obtaining this refund, but cannot provide you with any guarantees in this regard.
l) Go2Africa will provide you with an e-ticket reference number together with a full itinerary, once the air ticket has
been fully paid for.
m) In the event of an Involuntary Change, neither Go2Africa nor the relevant airline will be liable for any costs
arising from the Involuntary Changes.

10) BAGGAGE RULES

1. a) You must ensure that you meet the baggage regulations of the airlines and charter companies that you will be
Go2Africa recommends that you seek the advice of its Africa Safari Experts. However you remain
responsible for ensuring you meet the baggage regulations of each airline and charter company you travel with.
b) In particular, light aircraft flights have extraordinary baggage regulations which include but are not limited to
weight, structure and shape. Go2Africa recommends that you seek the advice of its Africa Safari Experts.
c) If you do not adhere to the relevant baggage regulations, the transfer of your baggage may be delayed and/or
transferred at extra cost to you.

11) PASSPORTS AND VISAS

1. a) You must ensure that you meet the necessary travel documentation, permit &/or visa regulations of the
countries you intend entering, transiting or visiting. Go2Africa recommends that you seek the advice of its Africa Safari
However you remain responsible for ensuring you meet these regulations.
?
b) Your passport must have sufficient blank visa pages available in accordance with the regulations of various African
countries. A minimum of 2 adjacent blank pages per country to be entered, transited or visited is recommended.
c) Your passport must be valid for the prescribed period contained in the applicable regulations of the countries you
will be entering, transiting &/or visiting. A minimum of 12 months after travel date is recommended.
d) If you are travelling alone with minor children, you will need to provide a letter of consent from the absent parent/s
that the children are allowed to travel with you.

12) INOCULATION, IMMUNIZATION AND MEDICATION

1. a) You must ensure that you meet the immunisation, inoculation and medication regulations of various African
Go2Africa recommends you seek the advice of its Africa Safari Experts and review the guidelines displayed
on its website relating immunisation, inoculation and medication regulations. However you remain ultimately responsible
for ensuring you meet the immunisation, inoculation and medication regulations requirements of each African country your visit.
b) It is your obligation to ensure that you are medically fit to travel.

13) TRAVEL INSURANCE

You agree to purchase comprehensive travel insurance at the time of your booking. You acknowledge that without such
travel insurance, you will be responsible for all costs arising from any cancellation, re-routing or rescheduling of your trip or
any emergency (medical or other) that may arise during your travels. As agreed in clause 6, you agree that in the event of
you failing to purchase adequate insurance cover, you will not hold Go2Africa responsible for any harm or loss that you may suffer.

14) SUPPLIER DEFAULT INSURANCE

1. a) As part of your travel package, Go2Africa has secured supplier default insurance. This cover is not meant to
replace the comprehensive travel insurance recommended above. Instead, it provides financial protection (up to a maximum sum)
in the event that a third party supplier (as declared and accepted by the insurance providers) is unable to provide its services or
products due to its own financial failure and that the losses incurred by you as a result cannot be recovered by any other means.
b) The full terms and conditions and exclusions pertaining to this commercial supplier failure insurance cover are available here.
Please be sure to read these terms and conditions carefully to ensure that you understand the extent and conditions of the cover.
c) Subject to the terms and conditions referred to above, the supplier default insurance cover includes:
i) Any financial losses suffered as a result of pre-departure cancellation by a third party supplier where it is
impossible to replace that element of your trip, or
ii) In the event that it is possible to replace the cancelled element of your trip, then the cost of replacing that
element, or
iii) The cost of repatriating you to your original point of departure where your trip is curtailed in the event that it
is impossible to replace the unavailable travel component
d) In addition to the exclusions contained in the full terms and conditions, the supplier default insurance cover
excludes:
i) Losses which are recoverable under other insurance cover
ii) Losses where the supplier was in financial failure already at the time of your travel booking
iii) Losses arising from any travel arrangement not booked through Go2Africa
e) In order to qualify for this insurance cover, you need to notify Go2Africa within 3 (three) months of the relevant incident of your
intention to make a claim and provide the evidence necessary to support a claim.

PART C: THE LEGAL STUFF
15) GENERAL

1. a) No amendment, addition or consensual cancellation of this Agreement will be binding unless it is recorded inb) These Terms and Conditions together with the Customer Booking Form and the Customer Confirmation Form
?contain all the terms and conditions of the agreement between you and Go2Africa. Make sure that everything
you have agreed to has been recorded in this Agreement. If there is any conflict between the provisions of
these documents, the provisions of the Customer Booking Form will prevail.
c) If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed
from the remaining provisions, without affecting the remainder of the agreement.
d) Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance
insist on them.
e) This Agreement shall be governed by the laws of the Republic of South Africa and shall be enforced by the
courts within the Republic of South Africa.
f) You consent to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved may
exceed the jurisdiction of the Magistrate’s Court.
g) If Go2Africa has to bring legal proceedings against you to enforce payments of amounts owed to it, you shall be
responsible to pay all costs Go2Africa incurs in collecting the payment.
h) You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement.
i) If Go2Africa is prevented from carrying out all or any of its obligations under this Agreement because of an
event beyond its control, Go2Africa shall be relieved of its obligations under the Agreement during the period that such event
and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the
performance of any such obligations or loss or damages which you may suffer due to such delay or failure.
j) Updated versions of this Agreement may be sent to you from time to time as and when our policies and procedures change
and when external factors such as legislative updates require. Please make sure that you read these amended terms and
conditions carefully and raise any queries that you may have.

16) ADDRESSES FOR NOTICES AND LEGAL PROCESS

 

1. a) The Parties choose the following physical addresses at which documents in legal proceedings in connection
with this Agreement may be served (ie their domicilia citandi et executandi) and at which any written notice in
connection with this Agreement may be addressed:
i) Go2Africa: 3rd Floor, Longkloof Studios, Darters Road, Gardens, Cape Town, 8001, South Africa
ii) You: The address provided by you on the Customer Booking Form.
b) Either of the parties may change this address to another address, by way of a notice to the other party to this
Agreement, provided that such a notice is received at least 7 days prior to such a change taking effect.

17) CONFIDENTIALITY & COMMUNICATION.

1. a) Go2Africa undertakes to take all reasonable and necessary steps to protect your personal information.
b) You authorise Go2Africa to electronically record and store the following information for the purposes of
communicating information requested by you and in order to provide you with access to restricted pages on
the Go2Africa website and related websites
i) Your full name and surnames;
ii) Your Contact telephone numbers;
iii) Your Electronic mail address;
iv) Your IP address;
v) Your User selected username and password;
vi) Your Non-personal browsing habits and click patterns;
vii) Your Profile information; and
viii) Your Travel information.

 

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