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Innovative Destination Management

Terms & Conditions

TERMS & CONDITIONS

(Published: December 10, 2018)

1. Introduction

These Terms & Conditions (TCs) apply to all travel programs provided by Spirit of Spirit (“SOA”). They are amended from time to time due to changing circumstances; the TCs dated for the time of booking a travel program are the TCs that are valid. By making a booking, you confirm that you and all participants associated with you under the booking, have read the TCs and have agreed to be bound by them; and that you have the authority to them on behalf of all participants associated with you under the booking. In these TCs, “you” therefore means you and all participants associated with you under the booking and henceforth in this document/webpage be called “CLIENT”.

SOA shall execute travel programs booked by CLIENT and CLIENT shall be responsible for payment for such travel programs as they have booked, as set forth in the mutually agreed to and confirmed itinerary and quotation documents and as recorded in this document/webpage. If the CLIENT requests that SOA performs services not covered by such documents, such services shall be performed by SOA at SOA’s prevailing rates for such services, provided they have been approved of in advance by CLIENT in writing or as the parties may otherwise agree.

2. Beginnning and ending point

SOA responsibilities commence with the arrival of CLIENT at the airport of the (first) program destination. Likewise, SOA responsibilities terminate with the departure of CLIENT from the airport of the (last) program destination.

3. CLIENT responsibilities

a. Transportation to and from
CLIENT is responsible for all travel arrangements required to reach the designated arrival airport where SOA’s services commence according to the travel program itinerary, and to depart from the end point of the program itinerary. SOA is not financially responsible for an extra costs incurred by trip delays or complications prior to arriving at, or after departing from, the designated arrival and departure airports. SOA is also not financially responsible for extra costs incurred by CLIENT to stay in-country for any reason prior to or after the program’s conclusion.
b. Screening and healthcare
CLIENT is solely responsible for ensuring their good health, both physically and psychologically, suited to the rigours of the program; and that any conditions do not manifest in behaviour that could negatively impact the program, other participants and/or compromise their level of well-being or that of other participants. SOA reserves the right to dismiss CLIENT from the program either during or before the program begins.
c. Payments
CLIENT agree to make all program payments to SOA as described in section 8b.
d. Additional costs and lost, stolen or damaged personal property
CLIENT agrees that SOA will not be responsible for costs associated with any damage to SOA’s or a supplier’s equipment or property caused by CLIENT; CLIENT’s early departure, medical treatment, airline cancellation or change fees; or the costs that are CLIENT’s responsibility. CLIENTS is required to pay these additional costs.
e. Emergency procedures
CLIENT will provide SOA with emergency contacts whom SOA shall inform in case of an emergency during the program.
f. Other responsibilities
CLIENT shall comply with all of their other obligations under these TC’s, and any applicable federal, state or other (U.S or foreign) laws.
g. Visas
CLIENT is responsible for ascertaining the need for, and securing of visas and travel permissions applicable to any passport holder, related to the applicable SOA destination.

4. SOA responsible and services provided

a. Lodging and meals
Lodging and meals during the program will be provided as described in the program itinerary and is limited to those specified as included.
b. Staffing
SOA will select a minimum of 1 designated, qualified person to service the program. SOA will be responsible for hiring, screening and selecting such person(s).
c. Program activities
SOA will arrange for scheduled program activities, as described as included in the program itinerary.
d. Use of external contractors
SOA will arrange for all external contractors used during the program for transportation and for arranged program activities.
e. Medical and emergency response
CLIENT is required to acquire their own travel insurance (including medical insurance) directly from a reputable provider with service/cover in Africa. SOA will arrange access to first aid and/or emergency care for injury or illness occurring during the program, however payment thereof is CLIENT’s responsibility. Should CLIENT’s insurance allow for emergency evacuation or transportation, SOA will facilitate such service to the limits of its jurisdiction to do so. CLIENT agrees that SOA is not responsible for the provision of emergency medical insurance for participants, unless officially part of the program services and fees contracted. Specifically, SOA will not be financially responsible nor liable for first aid and/or emergency care responses.

5. Inclusions & Exclusions

These are detailed in the mutually agreed to and confirmed itinerary and quotation documents and are specific to each program.
Visa arrangements and costs are always excluded. SOA is not liable for any costs or refunds incurred by CLIENT not being allowed access to the destination country.

6. Standard disclaimers and notes

Quotations are valid for 14 days.
All land arrangement prices are quoted and fixed in South African Rand (ZAR), unless otherwise stated in USD.
A reduction in group size below the minimum number of participants quoted will result in re-pricing.
Rates valid for the specified booking period only.
Invoicing will be in ZAR unless otherwise agreed.
Prices are not guaranteed until signing a related Quotation with Spirit of Africa and first deposits have been paid.
Services are subject to availability until the payment of deposits.
All rates are valid for specified hotels, seasons and itineraries only.
Any items requested that are no in the itinerary or quotation will be an additional expense put forward when necessary, approved by the client and reflected on a final invoice.
Prices quoted are for per person sharing – single supplement is extra, as specified.
Transport rates are subject to the itinerary quoted. Any deviations could result in additional charges.
Transport is limited to 200km/day and stated hours.
Overdue payments will be charged interest at the published South African prime interest rate for the period +2%.
Luggage is limited to 1 piece of hold luggage (max 20kg) and 1 piece of hang luggage per person by the coach restrictions. Hand luggage may be held on laps.
Check-in times are 14h00; check-out 11h00.
CLIENT is responsible for any damage or destruction of hotel properties.
CLIENT will comply with all reasonable requests and directions from the hotels’ management.
CLIENT to ensure guests take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellations and curtailment of travel.
CLIENT to check medical and dietary requirements, insurance and any religious needs and advise SOA of anything SOA needs to take in account.
CLIENT to check and comply with all passport and visa requirements for travel to relevant African countries.

7. Flights

SOA on occasion supplies internal flights essential to the execution of the full program itinerary. On such occasions the following always applies: A non-refundable deposit is required (outside of the program payment schedule) to confirm flight booking; balance of payment will be specified at the time.
Seat availability in the region is severely limited. Advanced booking is essential. SOA is not responsible for ticket availability on short notice. Flights prices quoted are subject to change outside of SOA’s control (erg air tax adjustments). Flights prices quoted are only guaranteed at time CLIENT supplies passenger names and payment. A copy of passport photo page is required by the airline to confirm booking. Once tickets have been paid for or issued, cancellations and no-shows are charged in full:
– No refunds are permitted – Credit vouchers will not be issued
– If a passage does not show up on time for the flight, the ticket will be fortified and a new ticket will have to be purchased for the next flight.

8. Program costs, payments, refund and cancellation

a. Program costs
CLIENT understands and agree that any taxes levied in the United States or through the method of payment* to SOA from the United States is for CLIENT’s own expense and will not be passed on to SOA nor be deducted from the fees as set forth.
The program overview and quote provide details about the program costs.
b. Payment
Unless otherwise agreed via the quote**, payment of those cots is made as follows:
20% at time of booking confirmation (refundable to the extent that paid supplier deposits are refundable, less 10% admin fee)***
70% not later than 65 days before the start of the program (90% in the case of leisure travel)
10% not later than 15 days before the start of the program (not relevant to leisure travel). Any expenses incurred in-country not covered by the contracted fees will be invoiced on this post-travel invoice and must be guaranteed by credit card details.
(*including cred card fees of 5%)
** the payment and cancellation terms of the program-specific quotations, if different to the standard TC’s override and supersede the standard TC’s.
*** In the event that SOA has to cancel a scheduled program prior to the start due to insufficient demand, the deposit payment will be returned in full).
Unless otherwise stated, the two payment options are:
(1) Online credit card payment via the services of Paygate, and
(2) Bank/wire transfer to SOA’s ZAR or USD denominated bank account.
The deposit timelines are determined by contracted vendors’ cancellation penalty deadlines and are necessary to secure services and prices quoted. Should such payment schedule not be adhered to, SOA shall not be held accountable for reservations released and arrangements and services compromised. Should any of these payments still be outstanding by 45 days prior to departure, SOA reserves the right to suspend services until all monies have been recovered and full payment is received. Should CLIENT prefer and/or request to consolidate the payments, this can be done on the date of the earliest of any of the payment sections requested to be consolidated.
c. Shrinkage, cancellation* and refund
Group cancellations will forfeit the non-refundable deposits; deposits will be due and billable even if the group get cancelled just one day after a payment deadline.
Individual cancellations/refund conditions are as follows:
– 61 or more days prior to the start of the program: 80% of price is refundable.
– 60 – 31 days prior to the start of the program: 35% of price is refundable.
– 30 or less days prior to the start of the program: 0% of price is refundable.
SOA reserves the right to cancel the program under extreme circumstances, or change its nature for any reason. Such extreme circumstances include, among others, natural disasters, health emergencies, political or environmental or social instability. SOA is not liable for consequential costs as it has advised of the necessity to take out the travel insurance to cover such eventualities.
d. Termination
If CLIENT fails to timeously pay SOA any amount due according to this TC’s, SOA shall be entitled with prejudice to its rights in terms of the trading terms or in law, to terminate these terms and claim such damages as it may have suffered and to cancel any reservations it is holding for CLIENT.

9. Independent contractor status/ no agency relationship

SOA has secured the services of independent subcontractors (to provide some services and to conduct some activities). Although SOA has made efforts to locate responsible contractors, these subcontractors are not employees not agents of SOA, and SOA is not responsible for the actions of its subcontractors.

10. Agreement to indemnify and defend

You agree to indemnify (indemnify meaning reimburse by payment or otherwise), defend and hold harmless SOA and its owners, officers, directors, employees, agents and representatives (collectively “SOA”), with respect to any and all claims (including claims of negligence), liabilities, losses, suits and expenses, including court costs and reasonable attorney fees, made or brought by anyone, for any injury, damage, death or other loss to the extent arising out of or related to: 1) your obligations and responsibilities under these TCs, and/or 2) your negligence or other wrongful act/s omission/s, and/or which may arise out of or be based upon any SOA act or omission. You further agree to release any claim/s you may have against SOA, and agree you will not make a claim or file a lawsuit against SOA arising out of or related to any of the circumstances identified in this section 10.

11. Force Majeure

Either Party (SOA or CLIENT) shall not be obligated to perform any obligation under this Agreement if such performance by it or its suppliers is rendered impossible, substantially more difficult or delayed as a result of Acts, Orders or Regulations issued by central or local government, industrial disputes (official or unofficial) or strikes, civil commotion or war, riots, hostilities, flood, fire, interruption or power supply, explosion, accident, Act of God, epidemic, failure or shortage of supplies or from any other cause, event or occurrence which affected Party is unable to prevent having due regard to its interest. SOA shall not be liable for any loss, damage, cost or delay arising from or as a result of such non-performance.

12. Applicable law

This Agreement shall be governed by, interpreted under and construed and enforced under the laws of South Africa and the magisterial courts. You and SOA agree to submit to this jurisdiction for any action, suit or proceedings brought against each other and may not claim such actions have been brought in an inconvenient forum. All efforts will be made by both parties to resolve any conflict through mediation and arbitration to legal action to encourage speedy resolution of matters.

13. Complete text and severability

If any provision of these TC’s is deemed unenforceable, the remaining provisions shall continue in force and effect.