Terms and Conditions

GENERAL

African Family Safaris and Tours, for the purposes of this agreement, shall be regarded  as including the incorporation in the Republic of South Africa. This travel enterprise specializes in curating tailored tour packages in Africa at the behest of our clientele.
While African Family Safaris and Tours has endeavored to standardize its Terms & Conditions, there may be occasions, particularly concerning bookings made through third-party suppliers, where it could be necessary to modify payment and/or other conditions,  which the client will be informed of at the time of booking.

1. ACCEPTANCE OF TERMS & CONDITIONS

1.1. By signing and submitting the Booking Request, the Client confirms and assures the Company that, effective from the Signature Date and continuing daily until the conclusion or earlier cancellation of the Tour Package, he/she is authorized to: (i) sign the Booking  Request; and (ii) accept these T’s & C’s both for himself/herself and on behalf of all other individuals mentioned in the Booking Confirmation (if any).
1.2. By signing and submitting a Booking Request, the Client also:
1.2.1. acknowledges that he/she was supplied with comprehensive information regarding:
1.2.1.1. the Company (including its complete name, license or registration number (if applicable), and VAT registration number (if applicable));
1.2.1.2. the address(es) of the premises from which the Company’s services will be provided;
1.2.1.3. key details of the Tour Package and its attributes, including, for example:
1.2.1.3.1. whether the Tour Package is truly available for booking;
1.2.1.3.2. types of transportation; and
1.2.1.3.3. accommodation locations and their nature;
1.2.1.4. the Total Tour Price (Applicable Taxes);
1.2.1.5. the sum of any Applicable Taxes;
1.2.1.6. the Total Tour Price, inclusive of any Applicable Taxes;
1.2.1.7. the Arranging Fee; and
1.2.1.8. the currency in which amounts under these T’s & C’s are payable;
1.2.2. affirms that the Client has read and comprehended these T’s & C’s; and
1.2.3. extends an offer to enter a contract with the Company regarding the Tour Package on the terms specified in these T’s & C’s.
1.3. Subject to clause 6.1, upon the Company’s acceptance of an offer from the Client as mentioned in clause 1.2.3 (via the issuance of a Booking Confirmation to the Client), a         contract shall be formed and bind the Parties as of the date of receipt (or deemed receipt) of the complete deposit payment (as discussed in clause 4.2.1).

2. PROVISION OF SERVICE

2.1. African Family Safaris and Tours acts solely as an agent and is not responsible for    any loss, damage, accident, delay, or inconvenience caused by the Principal Operator      regarding the products and/or services included within the Tour Package.

The Company shall:
2.2. provide the Client with organizational services involved in creating a tour package
2.3. secure necessary reservations with Third Party Suppliers as per the Client’s Booking Request;
2.4. execute necessary payments to Third Party Suppliers in accordance with the Client’s Booking Request.

3. TOUR PRICE AS QUOTED

3.1. The price provided for a tour package can change due to several factors, including, but not limited to, fluctuations in currency exchange rates, the pricing and availability of third-party providers.

The Company:

3.2. may offer quotes to the Client in different currencies: US dollars, ZAR, British pounds, Euros, and Australian dollars.

3.3. cannot guarantee that a tour package can be reserved at the quoted price. A Booking Request from the Client related to a quoted price does not create a binding Sale & Purchase Agreement between the Client and the Company.

3.4. reserves the right to change or cancel a quote in any one or all the supported currencies without prior notice. The Client understands and accepts that the Company can modify or withdraw a quote at any time. If the Company decides to make changes or withdraw the quote, the Client agrees not to hold any claims against the Company.

BOOKING CONFIRMATION, PAYMENT, AND DEPOSIT

4.1. Following clause 6.1, the Company will promptly send a Booking Confirmation to the Client after receiving the Booking Request.

4.2. The Client is required to pay the Total Tour Price, while observing: (i) the rules set forth in clause 4.3 and (ii) any extra charges related to special requests as outlined in clause 6.5. Payments to the Company will be arranged as follows:

4.2.1. Regarding the Deposit, the Client must pay the full amount stated in the Booking Confirmation within three (3) days of receiving (or being deemed to have received) it. It is agreed that:

4.2.1.1. The Deposit is non-refundable. A non-refundable deposit of 25% of the total is required to secure your booking (please note we would require 100% of flights or other limited availability items are included in your booking). The final balance is due 65 days prior to arrival.

4.2.1.2. Flights are 100% payable within 24-hours of booking otherwise the flights will be released, and the flight prices will amend depending on availability of seats.  This is separated on each invoice so this amount will be clearly indicated.

4.2.1.3. If the Company does not receive the complete Deposit within three (3) days of receipt (or deemed receipt) of the Booking Confirmation, the Client understands and agrees that the Company has the right to change or cancel the booking without prior notice. Should the Company choose to adjust or cancel the booking, the Client consents to waive any claims against the Company.

4.2.2. For the Balancing Payment, the Client must pay the total amount to the Company no later than sixty (60) days before the Arrival Date.

If the Booking Acceptance Date occurs within sixty (60) days of the Arrival Date, the Client is then required to pay the Total Tour Price within three (3) days after receiving (or being deemed to have received) the Booking Confirmation. All payments should be made through cleared electronic funds transfer to the Company’s bank account specified in the invoice or via another method noted in the invoice.

4.3. The Client acknowledges that payment deadlines outlined in clause 4.2 may change if a Third-Party Supplier of the Company requests an earlier or later payment or if seasonal deposits are needed. In such cases, the Company will inform the Client in writing, and the new payment due dates will apply. The Client will have no claims against the Company in these situations.

4.4. Unless both Parties agree otherwise in writing, any payments due under these Terms & Conditions must be made in the currency specified in the Booking Confirmation sent to the Client.

4.6. Regardless of any conflicting statements within these Terms & Conditions, unless the Company provides written approval for alternative payment options:

4.6.1. the Client always remains responsible for all amounts they owe the Company under these Terms & Conditions; and

4.6.2. until the Tour Package ends or is cancelled prior to its completion, the Client will continue to owe the Company any outstanding amounts.

5. CHANGES, CANCELLATIONS, AND REFUNDS

The Client:

5.1. may request changes to or cancellation of the Tour Package at any moment, as long as:

5.1.1. they inform the Company in writing without delay about any changes or cancellations;

5.1.2. should the Client choose to modify the Tour Package:

5.1.2.1. in accordance with clause 3, the Company will inform the Client of the new total cost for the amended Tour Package;

5.1.2.2. in accordance with clause 4, the Client must provide written confirmation of their acceptance of the changes and the revised total cost; and

5.1.2.3. following clauses 4 and 5.1.2, the Company will send a revised Booking Confirmation, Tour Package Itinerary, and Balancing Statement to the Client.

5.1.2.6. this fee must be paid in the currency stated in the respective Booking Confirmation provided to the Client;

5.1.3. if the Client decides to cancel the Tour Package (with the cancellation date being when the Company receives the written cancellation notice), subject to clause 8.2.2:

5.1.3.1. a Cancellation Fee becomes payable by the Client to the Company, based on the cancellation timing and corresponding percentages (considered reasonable):

• Cancellation more than 60 (sixty) days before the Arrival Date: Entire non-refundable Deposit
• Cancellation between 60 (sixty) and 31 (thirty-one) days before the Arrival Date: 50% of the Total Tour Price
• Cancellation within 30 (thirty) days of the Arrival Date: 100% of the Total Tour Price

5.1.3.2. The Client must pay any Cancellation Fee mentioned above to the Company within 14 (fourteen) days from the date of cancellation. If this payment is not made, the Client will still be responsible for the full payment of the Tour Package.

5.1.4. After receiving the Amendment or Cancellation referenced in clauses 5.1.2 and 5.1.3, the Company will refund the Client the total portion of the Aggregate Tour Fee they paid, minus any extra costs (such as bank charges, exchange rate fluctuations, or other fees) and/or any fees owed to the Company (like Amendment Fees or Cancellation Fees). This refund will be made to the Client’s specified bank account as soon as possible, and neither Party will have any further claims against the other in these situations.

6. COMPANY’S RIGHTS AND RESPONSIBILITIES SPECIFICALLY

The Company:

6.1. After receiving the Booking Request from the Client, it will:

6.1.1. begin to organize and plan the Tour Package, which includes making necessary reservations and creating the Tour Itinerary for the Client; and afterwards,

6.1.2. send the Booking Confirmation along with the Tour Itinerary and all related information to the Client. If for any reason the Company is unable to fulfill this obligation outlined in clause 6.1, it will notify the Client in writing, such as through email.

6.2. In the Tour Itinerary, the Company will include all important details regarding international and/or domestic flights, accommodation specifics, rooms, hotel or airport transfers, included meals and drinks, and any other relevant information about the Tour Package.

6.3. Following the receipt (or assumed receipt) of the Deposit payment by the Client, the Company will provide a Balancing Statement as soon as possible, but at the latest 60 (sixty) days before the Arrival Date.

6.4. The Company reserves the right to change or cancel the Tour Package, either partially or fully, at any point, with the Client’s agreement. However:

6.4.1. The Company will always try its best to prevent the need for such changes or cancellations.

6.4.2. Changes or cancellations can only happen due to unexpected events and not because of any intentional wrongdoing by the Company.

6.4.3. If the Company decides to amend the Tour Package, it will notify the Client in writing within 48 (forty-eight) hours of this decision and provide an updated Booking Confirmation and Tour Itinerary as soon as practically possible.

6.4.4. If the Company decides to cancel the Tour Package, it will inform the Client with a written notice within 48 (forty-eight) hours of making that decision. The cancellation date will be recognized as the day the Client receives this notice. The Company will then refund the Client via electronic funds transfer to the Client’s specified bank account for the portion of the Aggregate Tour Fee that the Client had paid and which is not otherwise forfeited (as a cancellation fee or otherwise), as soon as reasonably possible following the cancellation date. Under these circumstances, neither Party will have any additional claims against each other.

6.5. The Company will make reasonable efforts to fulfill the Client’s special requests as mentioned in the Booking Request, if applicable, or will inform the Client if these requests cannot be accommodated. The Company will fulfill only those special requests that are explicitly accepted in the Booking Confirmation. Any special requests accepted by the Company will incur extra charges from third parties to the Client. The Client acknowledges that the Company cannot guarantee that all special requests made in the Booking Request will be met. If the Company cannot fulfill these requests, the Client agrees that they will have no claims against the Company.

6.6. Upon request, the Company will provide the Client with written proof of any insurance policies that have been secured in the Company’s name.

6.7. The Company has the right to take photos and video recordings of the Client (digitally or otherwise) and any other individuals listed in the Booking Confirmation during any Tour Package, if this does not cause unreasonable inconvenience or annoyance to those involved. Unless the Client gives written notice to the contrary by the Tour Start Date:

6.7.1. The Client fully consents to all photographs and/or videos taken; and

6.7.2. The Client transfers all rights, ownership, and interests related to any intellectual property created from this clause 6.7 to the Company and agrees that the Company can use such material for promotional or business purposes across all forms of media without any payment or further agreement needed from the Client.

7. CLIENT’S RIGHTS AND RESPONSIBILITIES

The Client:

7.1. acknowledges that participating in the Tour Package is done entirely at his/her/its own risk, without any conditions or exceptions;

7.2. commits to following these terms and conditions and the details in the Booking Confirmation at all times;

7.3. agrees not to take part in any actions, behaviours, promotions, or advertising strategies that could potentially harm the Company, either directly or indirectly;

7.4. will quickly follow any reasonable requests from the Company regarding the Tour Package and any related matters;

7.5. agrees to obtain comprehensive travel insurance at his/her/its own expense from the moment the Booking Request is made, covering the entire duration of the Tour Package. This insurance must at least include protection against loss of personal belongings, bodily injuries, medical expenses, emergency travel and evacuation costs, repatriation, loss of luggage, and cancellation expenses. It is understood that:

7.5.1. the Client will choose an insurer and coverage amount as preferred;

7.5.2. the Client is solely responsible for his/her/its safety as well as the safety of others listed in the Booking Request (if applicable), including the care of personal belongings and luggage, at all times;

7.5.3. the Client will seek medical advice in a timely manner regarding required vaccinations, health precautions, and necessary health documents for each country included in the Tour Package, ensuring compliance for all individuals in the Booking Request (if any);

7.5.4. the Company is not liable for any loss, damage, or injury related to the Client’s belongings, personal injury, or loss of life that may arise from any cause during the tour. The Client accepts all risks associated with the Tour Package; and

7.5.5. the Client acknowledges that any Emergency Evacuation Coverage provided by the Company is not a replacement for the comprehensive travel insurance described in section 7.5.

7.6. will, solely at the Client’s expense, as needed:

7.6.1. meet and fulfill all applicable requirements for passports, visas, and vaccinations related to each country included in the Tour Package, noting that the Company will not be responsible for individuals who do not possess the required documents;

7.6.2. ensure that necessary arrangements are made to reach the designated assembly points as indicated in the Tour Itinerary on time.

7.7. By agreeing to these Terms and Conditions, the Client recognizes and accepts that if the Tour Package involves travel to remote areas or activities near wildlife, they and anyone listed in the Booking Confirmation (if applicable) bear the associated risks. Furthermore, the Client agrees to sign a specific waiver and standard form detailing conditions before the Tour Start Date when requested by the Company. This document will confirm the signer’s awareness of the dangers inherent to travel and adventure, and they acknowledge that their participation in the Tour Package is at their own risk, which may include potential injury, disease, or even death.

7.8. If there are any special requests, the Client must include them in the Booking Request; otherwise, they will be considered to have none.

7.9. The Client commits to making all payments to the Company promptly by the due date and according to these Terms and Conditions.

7.10. The Client will refrain from participating in any activities that may disturb or upset others involved in the Tour Package.

7.11. In the unexpected situation where the Client has a complaint about the Company, they should first bring it to the attention of the tour leader designated in the Tour Itinerary. This allows the Company a chance to investigate and resolve the issue. If there are further complaints, they must be submitted to the Company in writing within 30 days after the Tour Package ends. If the Client does not follow these steps outlined in this section 7.11, the Company will not pursue any investigation into the complaint, and the Client will have no claims against the Company in this situation.

8. BREACH, TERMINATION DUE TO BREACH, AND RELATED ISSUES

8.1. Breach

Unless specified otherwise in these Terms and Conditions:

8.1.1. If the Client does not make a payment to the Company on time as required here, and does not fix this issue within 3 (three) days after receiving written notice from the Company about the missed payment, the Company has the right, through written notice to the Client, to immediately terminate these Terms and Conditions and cancel the Tour Package, in addition to any other legal rights or remedies the Company may possess.

8.1.2. Should any Party breach these Terms and Conditions (other than the breach mentioned in clause 8.1.1) or fail to adhere to any of its provisions (“the Defaulting Party”), the other Party (“the Innocent Party”) can provide a written notice of 7 (seven) days (or a longer reasonable time considering the situation) to the Defaulting Party to rectify the breach. If the Defaulting Party does not address this notice, the Innocent Party may, through written notice to the Defaulting Party, terminate these Terms and Conditions and cancel the Tour Package, in addition to any other legal rights or remedies available, including the right to seek damages.

8.2. Termination due to breach of

8.2.1. If the Company cancels the Tour Package under clause 8.1 (unless otherwise agreed in writing), the Client will lose any payments made to the Company as of the date they receive (or are considered to have received) the written cancellation notice (“Cancellation Date”). The Client will not have any claims against the Company in this situation.

8.2.2. If the Client cancels the Tour Package following clause 8.1.2, the Company will refund the Client, via electronic funds transfer to the Client’s designated bank account, the portion of the Total Tour Fee that the Client has paid and that is not forfeited (including any cancellation fees), as soon as possible after the Cancellation Date.

8.3. Client’s Responsibility for breach of

Going forward from the date the booking is accepted, the Client fully understands and agrees that they will protect the Company, including its directors, employees, agents, and any successors, from any losses or costs, including legal fees. This liability applies if the Client or anyone mentioned in the Booking Confirmation fails to follow the terms and conditions set forth. The Client agrees to cover any expenses that arise from these violations, regardless of how they happen, without affecting the Company’s other rights or remedies related to these terms.

9. FORCE MAJEURE

9.1. If a Party faces obstacles, either directly or indirectly, preventing them from fulfilling any obligations set forth in these Terms and Conditions due to reasons beyond their reasonable control (referred to as the “Affected Party”), including—though not limited to—war, civil unrest, riots, uprisings, strikes, lock-outs, fires, explosions, floods, and natural disasters (collectively called “Force Majeure Events”), that Party will be exempt from meeting their obligations for as long as the Force Majeure Event lasts. In this scenario, the Affected Party will not be responsible for any delays or failures in fulfilling their obligations or for any losses or damages the other Party incurs due to these issues, as long as the Affected Party provides written notice regarding their inability to perform within 48 (forty-eight) hours from when the Force Majeure Event begins.

9.2. The Affected Party is required to make reasonable efforts to resolve the circumstances causing the Force Majeure Event, and once this situation is addressed, they must promptly inform the other Party in writing.

9.3. Should the conditions that led to the Force Majeure Event not be resolved within 10 (ten) days from when it started, the Tour Package will be automatically canceled. Subsequently, the Company must refund the Client the total amount of the Aggregate Tour Fee that was paid and not already forfeited (such as in cancellation fees) as soon as possible after the cancellation date, through electronic funds transfer to the Client’s specified bank account. No Party will have any other claims against the other under these conditions.

10. DISPUTE RESOLUTION

10.1. Unless otherwise clearly stated, if any disagreement, issue, or claim arises (regardless of its nature) concerning the rights and responsibilities of the Parties or any related matter linked to these Terms and Conditions—including questions about the existence, validity, or termination of these Terms—the Parties will make a good faith effort to negotiate and resolve the dispute among themselves.

10.2. If the Parties cannot come to an agreement to resolve a dispute within fourteen (14) days after one Party sends written notice of the issue to the other, then either Party may refer the dispute to arbitration. This arbitration will follow the applicable commercial rules set by the Arbitration Foundation of Southern Africa NPC (“AFSA”). The Parties will choose one arbitrator together, but if they cannot agree within seven (7) days of starting the arbitration process, AFSA will appoint an arbitrator for them.

10.3. Regarding the arbitration:

10.3.1. The arbitrator’s decision will be final and binding for both Parties, and any Party may have it enforced by a court that has the proper authority.

10.3.2. The arbitration will take place in Cape Town, South Africa, unless the Parties agree otherwise in writing.

10.3.3. The arbitrator is required to provide a written explanation for their decisions made during the arbitration proceedings.

10.4. Despite any other statements in this section 8, either Party can request an interdict or other urgent relief from a competent court that has the authority to hear such matters if they are successful.

11. ADDRESSES FOR LEGAL NOTIFICATIONS AND PROCEDURES

11.1. Any notifications or legal documents meant for either Party according to these Terms and Conditions must be delivered to the addresses listed below:

11.1.1. For the Client, this is the address given in the Booking Request; and

11.1.2. For the Company, this is the address noted in the Booking Confirmation.

11.2. At any point, a Party can change its designated address by sending written notice to the other Parties, as long as the new address is not a post office box or a similar service.

11.3. Any communication or notice to either Party according to these Terms and Conditions will only be considered valid if it is in writing. An email notice will also be accepted as valid written notice.

11.4. A notice sent in the manner described above will be assumed to have been properly given and received (unless proven otherwise):

11.4.1. if delivered personally, it is considered received on that day;

11.4.2. if sent via courier, it’s regarded as received on the day the courier delivers it; or

11.4.3. if sent by email (as long as it includes a proper email address), it will be deemed received 24 hours after it was sent.

11.5. Any written notice that a Party actually receives will be seen as valid, even if it wasn’t provided according to the rules outlined in this section 11.

12. SEVERABILITY

If any part of these Terms and Conditions becomes illegal, invalid, or unenforceable in a specific jurisdiction, it will be deemed ineffective only in that area. Such parts will be considered as if they were never included and will be removed from the remaining terms without affecting the validity or enforceability of the other provisions in other jurisdictions.

13. CESSION, DELEGATION, ASSIGNMENT

13.1. The Company has the right to cede, delegate, or assign any of its rights or obligations under these Terms and Conditions to a third party (“the Cessionary”) without needing the Client’s approval, but must notify the Client in writing beforehand.

13.2. In the event of a cession, assignment, or delegation mentioned in clause 13.1, the Client must, if requested by the Cessionary, make payments directly to that Cessionary.

13.3. The Client cannot cede, assign, delegate, or transfer any of their rights or obligations under these Terms and Conditions to a third party without obtaining prior written consent from the Company.

14. WHOLE AGREEMENT

These Terms and Conditions, together with the Booking Confirmation, form the complete agreement between the Parties related to the Booking Confirmation’s subject matter. The Company is not obliged by any representations, warranties, promises, or undertakings not included in these documents.

15. NO WAIVER

If any Party (“the Grantor”) offers relaxation, indulgence, or an extension of time to the other Party, it shall not be interpreted as a waiver of any rights held by the Grantor under these Terms and Conditions, nor will it change the nature of these Terms or prevent the Grantor from insisting on strict compliance with them.

16. NO ALTERATIONS

No changes, additions, mutual terminations, or waivers regarding any rights established under these Terms & Conditions (including clause 16) or the Booking Confirmation will be valid unless both Parties agree to them in writing, which can include forms of communication like email.

17. APPLICABLE LAW

As much as possible under the law, these Terms & Conditions will be interpreted and governed by the laws of South Africa.

18. EXPENSES

Any costs that either Party incurs due to a violation of these Terms & Conditions by the other Party, including but not limited to attorney fees on a client-specific basis, will be the responsibility of the Party that violated the agreement.

19. MEANINGS AND INTERPRETATION

19.1. MEANINGS

In these Terms & Conditions, unless stated otherwise, the following terms are defined as follows, and related expressions will have similar meanings:

19.1.1. “Aggregate Tour Fee” refers to the total outstanding amount of the Total Tour Fee;

19.1.2. “Applicable Taxes” includes any VAT, sales taxes, fees, duties, levies, withholdings, or any other financial obligations imposed by relevant tax authorities or governmental bodies, along with any associated penalties or interest;

19.1.3. “Arranging Fee” is the part of the Total Tour Price that compensates the Company for organizing and/or planning the Tour Package;

19.1.4. “Balancing Payment” denotes the remaining Aggregate Tour Fee the Client owes to the Company;

19.1.5. “Balancing Statement” is a written document provided by the Company to the Client in a form the Company sees fit (for example, via email), which will outline (among other things):

19.1.5.1. the Total Tour Price;

19.1.5.2. the total value of any deposits received by the Company from the Client related to the Tour Package;

19.1.5.3. the Balancing Payment;

19.1.5.4. the specific due date or dates for Payments the Client is expected to make, which should be deposited into the Company’s designated bank accounts;

19.1.6. The term “Booking Acceptance Date” is defined in clause 1.3;

19.1.7. The phrase “Booking Confirmation” refers to the official written acknowledgment sent from the Company to the Client, presented in a format that the Company deems appropriate (for example, via email), which confirms that the Tour Package has been booked and will include (but not limited to):

19.1.7.1. the complete name of the Company;

19.1.7.2. the address of the Company; and

19.1.7.3. a detailed description of the booked Tour Package;

19.1.8. “Booking Request” signifies the standard form provided by the Company (as determined by it) that can be filled out, signed, and returned to the Company in order to request its services as described herein. This booking request may be modified by the Company at any time without prior notice;

19.1.9. “Client” refers to the individual who has signed and delivered the Booking Request to the Company;

19.1.10. “Deposit” indicates a portion of the Quoted Tour Price that cannot be refunded;

19.1.11. “Deposit Invoice” means the tax invoice sent by the Company to the Client along with the Booking Confirmation, labeled as the “Deposit Invoice,” which will include (but is not limited to) separate line items detailing:

19.1.11.1. the Deposit amount, not including any Applicable Taxes (e.g., VAT), which will specify:

19.1.11.1.1. the segment that constitutes the Arranging Fee; and

19.1.11.1.2. the segment that covers the Company’s fee for arranging the Tour Package;

19.1.11.2. any applicable taxes (e.g., VAT);

19.1.11.3. the total Deposit amount, inclusive of any Applicable Taxes (e.g., VAT); and

19.1.11.4. the total airfare, whether international or domestic, that is due (if any);

19.1.12. “ECTA” refers to the South African Electronic Communications and Transactions Act of 2002 (Act No. 25 of 2002);

19.1.13. “Parties” collectively designates the Client and the Company; “Party” means either of them, depending on the context;

19.1.14. The term “Quoted Tour Price” represents the quoted price applicable including VAT (when applicable) along with the Arranging Fee for the Tour Package;

19.1.15. “Signature Date” signifies the date when the Client signed the Booking Request;

19.1.16. “South Africa” refers to the Republic of South Africa;

19.1.17. “T’s & C’s” means these specific terms and conditions;

19.1.18. “Total Tour Price” refers to the complete cost of the Tour Package, which includes the Arrangement Fee.

19.1.19. “Tour Itinerary” signifies the schedule associated with the Tour Package.

19.1.20. “Company” indicates the entity mentioned in the Booking Confirmation.

19.1.21. “Tour Package” describes the travel package organized, arranged, or facilitated by the Company as detailed in the Booking Confirmation.

19.1.22. “Tour Package Amendments” means any modifications requested by any Party concerning the Tour Package after the Signature Date. This can involve changes to flights, dates and times, accommodations, planned sightseeing, or other related details.

19.1.23. “Tour Start Date” is the date when the Tour Package begins.

19.1.24. “VAT” refers to the value-added tax as outlined in the VAT Act.

19.1.25. “VAT Act” denotes the South African Value-Added Tax Act of 1991 (Act No. 89 of 1991).

19.2. INTERPRETATION

Additionally, unless stated otherwise:

19.2.1. Any mention of “clauses” refers to the clauses within these Terms and Conditions.

19.2.2. The headings of the clauses are for convenience only and should not affect the interpretation or modify these Terms and Conditions.

19.2.3. Words in singular form also include plural meanings and vice versa. Similarly, masculine terms apply to feminine and neutral forms, and “persons” includes partnerships, trusts, and corporate bodies.

19.2.4. If any definition in section 19 grants rights or imposes duties on any Party, that definition should be treated as if included in the main body of these Terms and Conditions.

19.2.5. These Terms and Conditions are binding and enforceable by the permitted trustees, assigns, or liquidators of the Parties, just as if they had initially agreed to them. References to any Party also extend to their authorized trustees, assigns, or liquidators.

19.2.6. In cases where numbers appear in both written and numeric form, the written words will take priority in case of discrepancies.

19.2.7. When a specific number of days is mentioned, the count excludes the first day and includes the last day.

19.2.8. Any mention of legislation in these Terms and Conditions refers to the law as it is on the Signature Date, including any changes or re-enactments that may occur thereafter.

19.2.9. Any mention of another agreement or document in these Terms and Conditions (T’s & C’s) will be understood as referring to that agreement or document in its current or altered form, including any amendments, variations, novation’s, or additions that may occur.

19.2.10. If a term is defined in a specific clause, it should apply generally across these T’s & C’s unless it is stated otherwise within that clause, even if that term is not defined specifically in clause 19.

19.2.11. No part of these T’s & C’s shall be interpreted against the Company simply because the Company created that provision.

19.2.12. The terms:

19.2.12.1. “sign”, “signature”, “signing”, and their variations, when referenced in relation to the Booking Request, Booking Confirmation, and these T’s & C’s, will also cover electronic signatures as outlined in the ECTA; and

19.2.12.2. “completed”, “submit”, “submission”, “submitted”, and their variations will encompass electronic completion and submission related to the Booking Request, Booking Confirmation, and these T’s & C’s.

19.2.13. The words “include”, “including”, and “in particular” are to be taken as examples or for emphasis, without limiting the scope of any earlier terms. Additionally, “other” and “otherwise” shall not be considered of the same kind as previous terms if a broader interpretation is possible.

19.2.14. The end or cancellation of the Tour Package will not impact those sections of these T’s & C’s that clearly state they will remain in effect after such end or cancellation or those that must continue to apply, even if the clauses do not explicitly mention this.