Grace Of Africa – GUEST STANDARD TERMS & CONDITIONS (REVISED Sept 2022)
How wonderful and congratulations on making the choice with booking a safari holiday at the Grace Of Africa. You can have peace of mind that by booking with us, you are helping to preserve the wonders of Africa for future generations as we build our legacy.
The Grace Of Africa and third party companies for the purposes of this agreement shall be either MD Grace Trading as Grace Of Africa, African Safari Guru Travel Company, as detailed on your final invoice. The Grace Of Africa (“GOA”) being a luxury safari operator in South Africa and throughout Southern Africa – Zimbabwe, Zambia and Botswana.
These Terms & Conditions and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with the respective invoicing company (“we”, “us”, “our”) as detailed above. Please read them carefully as they set out the Parties respective rights and obligations.
In these Terms & Conditions, references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
- By making a booking, the first named person on the booking agrees on behalf of and has the authority to represent all persons detailed in the itinerary that:
1.1. He/She has read these Standard Terms & Conditions, understands them, and agrees to be bound by them outright.
1.2. He/She consents to our use of personal data in accordance with our Privacy Policy and is authorized, on behalf of all persons named on the booking, to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions, disabilities, and dietary requirements).
1.3. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
1.4. He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed in the itinerary.
- General
2.1. Final itineraries will reflect the following where applicable:
2.1.1. Accommodation.
2.1.2. Meals and/or beverages included, where and if applicable.
2.1.3. Travel, which includes road, water, or air transfers.
2.1.4. Laundry (limited).
2.1.5. Activities.
2.2. What is not Included:
Any items and matters not referred to in your itinerary are not included in the invoiced price. This can include, but is not limited to:
2.2.1. Visa fees.
2.2.2. International and/or regional flights.
2.2.3. Comprehensive Travel insurance.
2.2.4. Items of a personal nature.
2.2.5. Staff gratuities (paid to a staff representative directly in cash only).
2.3. Itineraries may be subject to change at any time due to unforeseen circumstances beyond the control of GOA. This includes travel, accommodation and/or activities. GOA endeavours to minimize changes to any booking.
2.4. GOA reserves the right to make alterations to or withdraw any service deemed necessary, and to pass onto the guest any additional expenditure or losses caused by delays or events beyond the control of GOA. In the event of such unforeseen circumstances, GOA reserves the right to adjust the cost of the itinerary as necessary.
2.5. A Commitment Fee of 50% of the total booking value is required in order to confirm your booking. This fee is not refundable as it covers the services in planning, coordinating, and managing your booking. Included in the Commitment Fee is your vital Wild & free Rehabilitation Foundation Contribution as set out in clauses 2.6.
2.6. Included in the Commitment Fee is a Wild & Free Rehabilitation Foundation Contribution being 2.5% of the total booking value. This Foundation Contribution supports the ongoing success and development of critical conservation and community projects carried out by our NGO Partners.
2.7. GOA is not responsible for any delays, cancellations, or disruptions on international or domestic flights booked by the Guests or their travel agents prior to the GOA itinerary. This includes the inability to satisfy the immigration or customs requirements on arrival. In the event such delays, cancellations or disruptions impact the original scheduling of the GOA booking, any additional incurred costs or losses incurred by GOA as a result of such delay, cancellation or disruption will be charged to the guest. The Guests are ultimately responsible to ensure connecting travel arrangements prior to starting the safari with GOA have been communicated to GOA accurately and timeously in order to avoid unnecessary inconvenience and additional costs.
2.8. Guests will be covered by GOA’s medical emergency evacuation insurance cover. In the event it is deemed necessary for a Guest to be evacuated, it shall be the Guests’ responsibility to ensure sufficient medical and travel insurance is available to cover in-hospital medical expenses and costs after being admitted to hospital. The decision to evacuate a guest remains the sole discretion of the responding medical team appointed by our insurer. Travel and medical costs requested and/or arranged by the guest but not approved by our insurer remain the sole responsibility of the guest.
- Reservation Process
3.1. Quoted itineraries MORE than 65 days before date of travel
3.1.1. We will endeavour to hold quoted itineraries supplied 60 days or more before date of travel on a Provisional status for a maximum of 10 days, after which GOA reserves the right to release the space.
3.1.2. If the quoted itinerary is accepted a Commitment Fee, being 50% of the total itinerary value, must be paid within 10 days of acceptance date by the Client, notwithstanding Section 5 Final Payment.
3.1.3. An Itinerary is not confirmed until a Commitment Fee is paid. It is only upon payment of the Commitment Fee that the itinerary status is changed from provisional to confirmed.
3.1.4. Should the Commitment Fee not be paid to GOA within the 10 days the itinerary will expire and be released back into the system.
3.2. Quoted itineraries LESS than 65 days before date of travel
3.2.1. We will endeavour to hold quoted itineraries supplied LESS than 65 days before date of travel on a provisional basis for a maximum of 7 days, after which we will release the space.
3.2.2. Once the quoted itinerary is accepted the Guest must pay 100% of the itinerary value within 7 days of acceptance in order to confirm the itinerary.
3.2.3. An itinerary is not confirmed until 100% of the itinerary value is paid. It is only upon receipt by GOA of this payment that the itinerary status is changed from provisional to confirmed.
3.2.4. Should full payment not be made within 7 days the provisional itinerary will expire and be released back into the system.
3.3. No obligation exists between the Guest and GOA until such time as receipt by GOA of the payment as detailed in 4.1 or 4.2.
3.4. A binding contract will come into existence between the Guest and GOA upon:
3.4.1. Payment as required, having been received by ABC within the stipulated period;
3.4.2. Acceptance by the Guest of GOA’s Standard Terms and Conditions;
3.4.3. Receipt by GOA of Indemnity Forms for all Guests included in the itinerary
- Final payment
4.1. The final payment due is stated on the original invoice and must be paid to GOA no later than 65 days prior to the date of travel.
4.2. If the booking is made less than 65 days prior to travel, 100% payment is due before the booking will be confirmed.
4.3. No Guest/s may travel unless full payment is reflected on GOA’s bank statement.
4.4. Should payment not be received within the timeframe set out in 4.1, GOA reserves the right to cancel the booking and take such action as may be deemed necessary to recover the full amount owing to GOA.
4.5. Any bank charges, payment fees or card fees incurred by the Guest in making any payment to GOA are for the Guests account.
4.6. While we do accept major credit cards including Visa, Mastercard and/or American Express, you must provide to us a signed charge authorization agreement or click authorization for every transaction for your trip. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause whatever, including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in these Terms and Conditions. Should you institute a chargeback in violation of this paragraph we will be entitled to costs and fees associated with defending the dispute, including legal fees.
- Guest Responsibilities
The Guest shall;
5.1. Complete the Client Personal Booking Forms including detailing:
5.1.1. Guests passport nationalities (required by certain wildlife park authorities).
5.1.2. Specific dietary requirements.
5.1.3. Confirmation of travel insurance that has been obtained for all Guests.
5.1.4. Any pre-existing medical conditions which you feel GOA should be made aware of.
5.1.5. Any other special needs for consideration by GOA. GOA will inform the Guest if such special needs can be met.
5.2. Agree that is your responsibility to be familiar with these terms and conditions and any amendments to the Standard T&Cs as communicated by GOA.
5.3. Promptly comply with any lawful and reasonable instruction given by GOA and their designated representatives.
5.4. Promptly communicate with GOA any requests regarding amendments, changes, or cancellations to itineraries/bookings in writing by e-mail.
5.5. Ensure you take out full comprehensive medical and travel insurance, for the countries being visited. GOA strongly recommends cover which includes pre-existing medical conditions, cancellation charges, medical expenses, and repatriation in the event of accident or illness.
5.6. Ensure you have the necessary documentation to satisfy immigration, customs and port health authorities for all Southern Africa countries being visited. This should include passport (with sufficient pages and validity), visa, and proof of any required vaccinations.
5.7. Seek medical advice regarding prophylaxis and vaccination requirements for countries into which travel is planned.
5.8. Comply with the required baggage restrictions when the itinerary includes flight transfers (details supplied on request).
5.9. Acknowledge that your travel may take you into isolated remote areas and in close proximity with wildlife by signing the required waiver and indemnity forms provided by GOA.
5.10. Behave in way that is considerate of other guests and your shared enjoyment of the travel experience.
5.11. Safe keeping of baggage and personal effects shall always remain the sole responsibility of the Guest.
5.12. At all times be solely responsible for ensuring that all payments due to GOA are received timeously by GOA in accordance with the terms and conditions.
- GOA Responsibilities
GOA shall;
6.1. Undertake the responsibility of planning and arranging itineraries, providing quotations, making reservations, and invoicing.
6.2. Promptly supply the Guest with brochures, information, and marketing material at GOA’s disposal to assist the Guest in making informed decisions.
6.3. Provide information on all accommodation, transfers and activities specified in the itinerary.
6.4. Make every effort to secure Guest preferences and special requests, noting that these cannot always be secured or guaranteed.
6.5. Be entitled to change travel arrangements including flights, accommodation, and activities due to unforeseen circumstances after the itinerary has been issued. Should this occur GOA will promptly notify the Guest of the changes to the itinerary. GOA shall endeavour not to unnecessarily inconvenience the Guest.
6.6. NOT be responsible for any losses/costs incurred by the Guest resulting from inadequate, insufficient, or incomplete medical and travel insurance cover.
6.7. Provide prompt appropriate assistance if, whilst during the itinerary, you find yourself in difficulty for any reason. GOA will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not as a result of any failure by us, our employees, or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
6.8. Reserve the right, from time to time, to amend these Standard Terms and Conditions and/or any other special terms by notifying you in writing.
6.9. GOA shall not be held responsible for any damages caused to Guest clothing in using our limited laundry service in camp
6.10. GOA is acting as facilitator and not as principal in relation to booking with third party suppliers such as accommodation or activities, and your contract is directly with such supplier – whilst we will seek to resolve issues between you and the third party, GOA is not responsible for the delivery of their service or any failure of such third party supplier, including a failure to deliver such service caused by the insolvency of such supplier.
- Changes, amendments, or variations to the booking
7.1. If you wish to change any part of your confirmed itinerary, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Date changes might result in additional costs depending on availability and time of the year. You should be aware that these costs could increase the closer to the departure date and you should contact us as soon as possible. Where GOA is unable to assist you and you do not wish to proceed with the original confirmed itinerary, we will treat this as a cancellation by you. A cancellation fee in accordance with section 8 will be applicable.
7.2. Where changes requested by the Guest to the original confirmed itinerary can be accommodated by GOA and the revised itinerary value is lower than the original confirmed itinerary value, the difference shall be refunded back to the Guest only if the changes are agreed more than 66 days before travel date per the original confirmed itinerary.
7.3. Changes to third party bookings are subject to the third party’s terms and conditions and might result in additional costs being incurred.
7.4. Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the itinerary.
- Cancellation Policy
8.1. The cancellation terms below relate strictly to services with GOA. Any third-party supplier booked through GOA will have their own cancellation terms and conditions, a copy of which will be provided to the Guest on request.
8.2. Cancellation of a booking 66 or more days before the date of travel will result in forfeiture of the 50% Commitment fee paid to confirm the itinerary.
8.3. Cancellation of a booking between 65 – 54 days before the date of travel will incur a 65% Cancellation Fee based on the total value of the itinerary (the 65% cancellation fee includes the 50% Commitment Fee paid on acceptance).
8.4. Cancellation of a booking 53 days or less prior to date of travel will incur 100% Cancellation Fee based on the total value of the itinerary (the 100% cancellation fee includes the 50% Commitment Fee paid on acceptance).
8.5. Refunds will not be made for any activities or travel included in the confirmed itinerary which are prevented from occurring due to events outside GOA’s control or not undertaken at the Guest’s discretion.
- Vis Major
9.1. Except where otherwise expressly stated in these Terms & Conditions if either party is prevented or restricted from carrying out all or any of its obligations for any cause beyond the reasonable control of that party (GOA or Guest), the affected party shall be relieved of its obligations during the period of that event.
9.2. GOA will not be liable to pay the Guest any compensation or refunds if our contractual obligations to you are affected by “Vis Major”.
9.3. For the purposes of these Terms & Conditions, Vis Major means any event beyond our, our supplier’s or the Guest/s control, actual or threatened, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, pandemics or epidemics, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, airport or lock closure, natural or nuclear disaster, fire, chemical or biological disaster, changes of schedules or operational decisions of air carriers, unavoidable technical problems with transport and all similar events outside our or the respective supplier(s) control.
- Disabilities and Medical Problems
10.1. We are not adequately equipped to deal with Guests requiring special needs, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate.
10.2. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
- Complaints
11.1. We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your trip, please immediately inform the relevant supplier’s most senior person available (i.e the lodge/camp manager) who will endeavour to put things right.
11.2. If your complaint is not adequately resolved, please contact the GOA sales consultant responsible for your itinerary.
11.3. If the problem cannot be resolved and you remain unsatisfied with the way your complaint has been handled, you must send formal written notice by email detailing your complaint to us within 14 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and may affect your rights under this contract.
- Jurisdiction and governing law
12.1. The Parties unconditionally consent to the relevant court(s) within the Applicable Jurisdiction having the authority to preside over any matter(s) / dispute(s) arising from this agreement.
12.2. The terms and conditions of this agreement shall be governed by and shall be construed in accordance with the Laws of the Applicable Jurisdiction.
- Definitions
Definitions for the purposes of this agreement, unless the context requires otherwise shall be as follows:
13.1. “Accommodation” means collectively any accommodation reserved by GOA at any of the GOA lodges and camps or any third-party property.
13.2. “GOA” means GOA Companies.
13.3. “GOA Group” means the Grace Of Africa of companies which includes the following legal entities, Grace Of Africa and African Safari Guru Travel Company.
13.4. “Activities” means any recreational pursuit reserved by GOA and shall include, without limitation sight-seeing excursions, sporting and adventure activities, community and conservation interaction provided by GOA or any third-party service provider.
13.5. “Grace Of Africa” is a company registered in South Africa, under company number 05462528 whose registered office is at 3894 Olifants Dr, Marloth Park, Komatipoort, South Africa, 1321
13.6. “Applicable Jurisdiction” shall mean the country of domicile in which the relevant GOA entity, responsible for the processing, administration, and invoicing of the itinerary, is registered and incorporated.
13.7. “Applicable Laws” means the Laws of the Applicable Jurisdiction.
13.8. “Booking(s)” means the initiation, processing, amendment and/or finalisation of any itinerary and shall include provisional bookings.
13.9. “Day” means a normal calendar day, including Saturday, Sundays, and any public holidays.
13.10. “Guest/s” means the end user of services rendered by either GOA or a third party during the itinerary.
13.11. “Laws” means all legislation, statutes, regulations (as amended, replaced, or re-enacted from time to time) which may be applicable in the Applicable Jurisdiction.
13.12. “Parties” means collectively GOA and the Guest(s) and “Party” means either of them as the context may require.
13.13. “Reservation” means a reservation made by the Guest on behalf of the Guest and confirmed by GOA in writing.
13.14. “Travel” means any transport reserved by GOA, including but not limited to road, water and air travel provided by GOA or any other 3rd party service provider.
13.15. “You” / “Your” means the Guest.
Self-Catering – Optional Add-on – “Bed and Breakfast” and “Dinner, Bed and Breakfast”
Our rates for Grace of Africa include:
- Accommodation (Air-condition and Fan)
- Fully Equipped Kitchen (Fridge, Microwave, Gas Stove, Cutlery)
- Tea, and coffee
- Laundry
- Emergency medical evacuation insurance
- Free Wi-Fi
- Free Car wash on departure day
- Tourism bed levy
- Welcome Gift
Our rates do not include:
- All Meals – Optional Add-on (Breakfast and Dinner)
- Kruger National Park Open Vehicle Game Drives
- Kruger National Park Trails Walks
- Kruger National Park Conservation Fees
- Wild and Free Rehabilitation Fees
- Visa fees
- Flights (international and local)
- Personal travel insurance very important
- Items of a personal nature
- Staff gratuities
- Transfers between lodge/camp
Child Policy:
Grace Of Africa are unfenced and wild animals will occasionally pass through. Children should be under the constant supervision of their parents when exclusively booked.
- Children 12 – 17 years: Pay 100% the Adult Sharing Rate Per Suite
Please note certain activities like walking safaris, have an age restriction and are at the discretion of Sanparks trails guides.
Reservations Payments:
- All provisional reservations are held for 10 days, at which time we require a 50% non-refundable deposit to confirm your booking, otherwise the booking will expire and be released from our system.
- Final payment is on the original invoice and must be received by Grace Of Africa 65 Days prior to travel. No guest may travel unless we have received full pre-payment.
Travel Insurance:
It is a requirement that guests have adequate travel insurance to cover them for unexpected medical emergencies, cancellation for medical reasons, delays or cancellations due to weather conditions as a minimum.
We recommend Global Travel for travel insurance needs: https://graceofafrica.com/safari-offers/global-rescue-travel-insurance/
Photography, Drones & Copyrights:
- An African safari can provide some of the most spectacular photographic opportunities.
- Please note that we do not allow drones at any of our camps. Many of the areas we work in have anti-poaching patrols and drones interfere with this critical work.
- Most of our guides and staff are keen photographers and to enhance your experiences and enjoyment, photographs may be taken of your safari, some of which may be used for promotional purposes. Grace Of Africa and its partners reserve the right to use these images without the consent of anyone appearing in the images or photographs; however, you can be guaranteed that no photographs of a compromising nature will be used for such purposes.
Liability:
National Parks and Marloth Park Wild and Free Rehabilitation Fees and Conservation Fees may be subject to change and GOA cannot be held liable for unexpected changes to Park Fees, and Government Tariffs. Roads in the bush are rough and bumpy, guides occasionally travel “off road” and injuries can occur. Grace Of Africa, their staff members, associates, or agents cannot be held liable for any accidents or any damages. Most places booked for travel are in wild and remote parts of Africa with dangerous wildlife and often harsh terrain; hence you will be exposed to potentially hazardous activities. Grace Of Africa, its associates, partners, and staff will not be held liable for any injury, loss of life or damage whatsoever during and after the travel arrangements.
Grace Of Africa is committed in ensuring that your travel arrangements remain according to plan. Grace Of Africa and its partners and associates may alter, cancel, or change travel arrangements at any time should they feel it justified in the interest of safety. Such changes will be communicated timeously for alternative arrangements to be made where necessary. It is assumed that the deposit payment and your final amount paid is because you have agreed to the terms and conditions set out by Grace Of Africa, its associates and related companies and partners and thereby will not hold liable any claim against any person or organization as a result of any changes, cancellations, damage to one’s property, injury, death and any other unforeseen occurrences whether it is due to negligence by one or more of our staff or any company.
Therefore, you have indemnified the various organizations and individuals in any such events.
Your Agreement To The Terms and Conditions:
Upon submission of the Agent Registration form, Grace Of Africa assumes that you agree to the terms and conditions of travel, and thereby waiver indemnity to Grace Of Africa, its agents, associates and employees.
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