Ownership

MaTakaTaka Tours & Safaris PTY LTD is a South African tour operator registered under number 2015/218489/07 (hereinafter referred to as “the Operator”). The Operator holds all licenses and permits required to operate as a tour operator in South Africa. The tourist is hereinafter referred to as “the Client,” but may also be referred to as traveler, customer, or passenger.

Responsibility and Liability

The Operator undertakes to:

1. 1. Engage quality providers among airlines, accommodations, other tour operators, and service providers to deliver the travel products offered; and
   2. Ensure that the various services comprising each journey are carried out efficiently and as specified. However, as the Operator has no direct control over the provision of services that constitute the elements of the journey, the Operator accepts no liability for errors or omissions by such providers. Any complaints regarding accommodation, meals, facilities, etc. must be addressed directly with the relevant provider, e.g., hotel, guest house, etc.
   3. The Operator shall not be liable for damages, losses, or costs incurred by the Client due to illness, quarantine, weather conditions, war, strikes, civil unrest, or other causes beyond the Operator’s control, including force majeure. The Operator may at any time cancel such a journey or any remaining part thereof, or at its discretion make changes to the itinerary, accommodation, price, and/or other aspects. All losses and costs resulting from such cancellation or change shall be borne by the Client.
   4. All travel bookings are subject to the terms and conditions of the service providers. The Operator will disclose the identity of the provider upon request, and the provider’s terms may include, among other things, provisions regarding cancellation or amendment fees for confirmed reservations, refunds/no refunds for no-shows/unused services, late booking fees, baggage allowances, flight confirmations, etc. In the case of airlines, fees are non-refundable; the typical baggage allowance is 20 kg; extension of ticket validity is not permitted; and the Client must reconfirm their flight within 72 hours prior to departure.
   5. The Operator accepts no liability for death, illness, injury, loss, or damage to persons or property arising from any act, omission, or negligence of the Operator, the provider, or their agents, unless caused by gross negligence or willful misconduct.

Client Responsibility

Clients may not carry unlawful items or substances during travel in the Republic of South Africa or any other country visited during the tour. Should a Client contravene the prohibitions listed herein or the laws of the Republic of South Africa or any other country visited, the Operator reserves the right to immediately exclude the Client from the tour. The offender shall be responsible for their own return transport and all related costs. The Operator is under no obligation to assist such an offender in dealings with authorities.

Reservations & Deposits

At the time of reservation, a deposit of 50% is required to secure the booking for the Client. The 50% deposit constitutes confirmation of the booking. The Operator will use this deposit to make payments to service providers such as hotels, lodges, and/or for activities, entrance fees, flights, etc. The balance must be paid 60 days prior to departure. An amount of EUR 250.00 / USD 300.00 / ZAR 4,500.00 (depending on the currency of the invoice) of the initial deposit is non-refundable.

For bookings made less than 60 days prior to departure, the full price is payable immediately upon confirmation/receipt of invoice.

The Operator reserves the right to cancel any reservation for which payment has not been received by the due date; in such case, the deposit paid shall be forfeited to the Operator.

Travel documentation will only be issued once full and final payment has been received.

Payment of the deposit constitutes acceptance of the Operator’s terms and conditions.

Prices are quoted at the exchange rate valid on the date of invoicing. Until full payment has been received, the Operator reserves the right to charge the Client for any exchange rate fluctuations. The Operator guarantees the travel price once full payment has been received.

Special requests regarding diet, accommodation, mode of travel, itinerary, etc. must be specified at the time of booking. The Operator will endeavor to meet such requests, which may incur additional charges, but cannot guarantee that such requests will be fulfilled.

Payment Terms & Cancellations

1. The Operator accepts payments by bank transfer. In addition, payments may be made via the payment service Wise (www.wise.com) (credit card payment possible). All costs incurred in connection with the transfer or use of the payment service are borne by the Client. All payments must be made directly to the Operator or its authorized agent. Any additional payments during the journey are the responsibility of the Client.

2. Cancellations by the Client, regardless of reason, must be made in writing. Cancellation fees will be offset against payments already made. If the Client cancels or rebooks to another journey, cancellation fees will apply according to the following schedule:

• More than 120 days before departure: EUR 250.00 / USD 300.00 / ZAR 4,500.00 retained
• 120–90 days before departure: 20% of total price
• 89–60 days before departure: 25% of total price
• 59–30 days before departure: 50% of total price
• 29–14 days before departure: 75% of total price
• 13 days or less before departure: 100% of total price

3. The Operator reserves the right to cancel a journey at any time prior to departure. In such case, all payments made will be refunded in full, less an administrative fee, without liability for any damages of any kind arising from such cancellation. The Operator reserves the right under such circumstances to charge a booking fee and/or administrative fee.

4. In the event of cancellation of the journey by the Client, such cancellation must be made in writing, notwithstanding any contrary provisions in these booking conditions.

5. No refund will be made for no-shows or unused services, whether part of the basic inclusive travel price or pre-booked optional arrangements. This also applies in cases of late arrival.

6. The percentage of refund for accommodations may vary, as each accommodation has its own cancellation policy.

7. Flights booked and paid for by the Operator are non-refundable in accordance with the airline’s terms and conditions.

Accommodation and Services

The Operator reserves the right, without additional cost to the traveler and even after commencement of the journey, to substitute the listed hotels or other service providers with others of a similar or higher category.

Prices and Details

1. The prices quoted in the Operator’s offer for the specified journey and/or products are based on the prices for accommodation, land costs, costs of operating the journey, flight prices (where included), and the exchange rate on the date the offer was prepared.
2. The Operator reserves the right to adjust prices at any time if affected by increases in flight prices, accommodation costs, entrance fees, government and regional levies and taxes, as well as currency fluctuations. The Operator will inform the Client of such adjustments as soon as possible.
3. Flight prices are subject to the prices and conditions stipulated by the airlines and lie outside the responsibility of the Operator.
4. All information contained in the Operator’s itineraries and price lists is, to the best of the Operator’s knowledge and belief, true and correct; however, the Operator accepts no liability for errors or inaccuracies contained therein.
5. Should accidental arithmetic or calculation errors occur in offers, invoices, or price quotations, the Operator reserves the right to correct them. In such case, the correct amount will be demonstrated and shall be binding. Liability for proven, unintended and corrected errors is excluded.
6. The quoted prices do not include items or services not listed on the Operator’s invoice. Typical items not included are, in particular: visas, passports, telephone, laundry, gratuities, meals not listed, beverages, flights (unless expressly included), as well as personal expenses.

Insurance

Insurance against cancellation, illness, death, and loss of baggage is required for all Clients traveling with the Operator. The Client undertakes all activities associated with the journey at their own risk and is responsible for their own insurance. The Operator shall not be liable if a Client fails to obtain adequate insurance coverage.

Documentation, Passports, Visas, Vaccinations and Inoculations

1. Each Client is solely responsible for being in possession of the correct travel documents prior to departure from their country of residence.
2. The Operator shall not be liable for any consequences if the Client fails to ensure possession of the required health, passport, visa, re-entry permits, or other statutory documents. Due to constantly changing requirements of individual countries, the Operator is not responsible or liable for information provided to the Client by the Operator or its agents in relation to the above.
3. Should the Operator be required to send documents by courier, the costs incurred shall be borne by the Client.
4. If the Client intends to drive a rental car, the Client is responsible for obtaining an international driver’s license. The Client must also hold a valid driver’s license from their country of residence. The Operator accepts no liability if the Client drives without a valid license.

Additional Conditions

In the unlikely event of an unscheduled extension of the holiday caused by flight delays, adverse weather, strikes, force majeure, or other causes beyond the Operator’s control, the costs associated with such unscheduled extensions, including accommodation, meals, travel, etc., shall be the responsibility of the Client. The Operator accepts no liability for changes, omissions, or delays before or during such an extension.

General Information

1. The Operator is not bound by any representation, warranty, or the like not contained in these terms and conditions or not agreed to in writing. No representation, term, warranty, or condition – express or implied – shall be deemed to have been made or agreed.
2. Waiver of any of these terms and conditions or any right arising therefrom shall apply only to the specific occasion and shall not affect the operation of these terms or rights in the future.

Jurisdiction

This agreement is governed by the laws of the Republic of South Africa, and Clients hereby submit to the jurisdiction of the South African courts. In the event of disputes arising from this agreement, the parties may agree to arbitration to resolve such disputes. Arbitrators may be appointed by the South African courts or similar bodies.

General

1. The Operator and the Client acknowledge that this is the sole and entire agreement between the parties, and no other agreement shall be binding unless in writing and signed by both parties.
2. Any amendment to this agreement must be in writing and signed by the Client or an authorized representative of the Operator. All notices and communications from the Client must be sent to the address contained in Clause 14 (below). The Operator will send such notices to the Client at the Client’s address in their country of residence.

Registered Address

The Operator’s address is:

MaTakaTaka Tours & Safaris PTY LTD Hoedspruit Wildlife Estate

455 Acacia Street Hoedspruit

1380

Republic of South Africa