Terms and Conditions

1. TERMS AND CONDITIONS TO PAYMENT:

1.1 Booking Party refers to the party who will being enjoying the benefit of Tour Operator’s services and on whose behalf the reservation is being made.

1.2 Cape Flava Tours (Pty) Ltd  refers to the Tour Operator. Tour Operator may also be referred to as “us,” “we,” and/or “our” in the context of this document.

1.3 Force Majeure refers to any unforeseen, unusual, and uncontrollable event that occurs outside of Cape Flava Tours (Pty) Ltd’scontrol and whose consequences could not have been avoided even with the exercise of all reasonable caution. Examples of such events include, but are not limited to, weather-related events, war or threat of war, riots, civil unrest, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, airport closures, fire, flood, and drought; airline-scheduled or cancelled flights, airline-changed airline, or aircraft type, and uncontrollable technical issues with transportation.

1.4 Third Party refers to the party making a booking on behalf of the booking party.

1.5 Tour refers to the tour that you or the travel agent who booked it on your behalf have reserved.

1.6 Tour Contractrefers tothe process where

(a) Upon making a reservation, the person listed as the “cardholder” or “booking holder” certifies that they are authorized to accept and are accepting the terms of these booking conditions on behalf of the Booking Party. A contract will be concluded as soon as the Tour Operator issues an invoice followed by a confirmation. The terms of these booking conditions, which are subject to South African law and the authority of the South African courts, are the basis of this contract.

(b) Tour Operator will reserve the Booking Parties tour for every traveller once payment for the full reservation is received. It is the Third Party and/or Booking Party’s responsibility to ensure that all the information is precisely what has been requested when the reservation was made, details on the invoice must be verified when received and affected party must ensure that the Tour Operator is timeously informed of any discrepancies.

(c) Should a modification or cancelation of your reservation be requested at a later stage, the Booking Party may be required to pay a cancellation fees (explained below). The cancellation fee could amount to the total cost of the tour. All requests for cancellations or modifications are subject to the rules, conditions, and/or fees listed in section 1.3 of these terms and conditions.

(d) All descriptions of itineraries or tour information on websites are provided in good faith, and every effort is made to ensure their authenticity and relevance. However, advertised facilities, services, and schedules may occasionally be restricted, curtailed, modified, or cancelled in advance of the tours due to unforeseen circumstances. As a result, prior the agreement beingsigned, modifications may be made to the information you have viewed. In these cases, the Third Party or Booking Party will be informed of any changes before the tour departs or beforethe booking is confirmed. Itineraries can be amended at any time without warning,however, the Tour Operator will endeavour its best to keep to the advertised itinerary for the specific tour. Every highlight that is included in the price of the tour is scheduled to be seen, unless uncontrollably bad weather prevents same from proceeding.

(e) By participating in the tour, you grant Cape Flava Tours (Pty) Ltd permission to utilize any written, recorded, photographic, and/or video content for marketing purposes, whether it be verbal, printed, or online. You give Cape Flava Tours (Pty) Ltd permission to use such content for its own publicity and promotional purposes globally, perpetually and without payment of royalties.

1.7 Tour Costrefers to instances where

(a) Unless otherwise stated or agreed upon in writing withCape Flava Tours (Pty) Ltd, a deposit of 30% of the total tour cost, which means that it includes all mandatory taxes, and fees related to delivering an all-inclusive tour package to deliver services to the Booking Party, is required at the time of booking to confirm your reservation. This deposit will be applied toward the total tour price and is refundable in accordance with our cancellation policy. The remaining balance is due no later than 60 days prior to the tour departure date. 100% of the payment is retained by Cape Flava Tours (Pty) Ltd at all times. If payment is not received by the deadline, Cape Flava Tours (Pty) Ltd will consider your reservation as cancelled, and the Booking Party or Third Party who made the reservation will be responsible for paying the cancellation fees. Unless otherwise agreed upon or specified with Cape Flava Tours (Pty) Ltd, the full cost of a late or last-minute booking made within 30 days of the tour departure date is due. Unless otherwise stated, quotes are only valid for 48 hours from the time of transmission from the Tour Operator to the Booking Party or Third Party whichever is relevant.

Please be aware that it can take a few days for the Tour Operator’sbank account to display the payment as received. Refunds will only be executed using the original payment method following complete review and verification, and they are subject to the terms and conditions of the cancellation.

(c) Prior to the tour date, Cape Flava Tours (Pty) Ltd retains the right to reduce its pricing at any moment. Cape Flava Tours (Pty) Ltd will attempt to guarantee that these pricing are correct, and all bookings will be confirmed via email. Pricings can be affected due to technical issues, bona fide, genuine errors and/or uncontrollable external factors. If this occurs, we will make every effort to get in touch with the Booking Party or Third Party as soon as reasonable possible toprovide an accurate cost. The choice to either makea reservation at the amended pricing rateor cancellation at no cost when the email is received will be at the discretion of the Booking Party or Third Party.  Cape Flava Tours (Pty) Ltd reserves the right to change any inaccurate prices and/or product descriptions at any time.

1.8 Cancellation or Modification of Your Reservation

(a) The Tour Operator will make every effort to accommodate any special requests however, these cannot be guaranteed once confirmation has been received. Any special requests must come from the person who made the reservation. An administration fee per individual as well as any additional expenses incurred in effecting this change will be due at the time of service.

Please be advised that these fees may increase if special requests are made closer to the departure date.  The Booking Party will be responsible for paying the associated cancellation fees up to the maximum shown below if the day you would like to reschedule your reservation to is not available, is fully booked, or the Tour Operator is unable to conduct a tour on that date for any other reason. Please refer to the information below on cancellation costs and refunds. Unless otherwise stated, these terms and conditions apply to all multiday tours and activities.

1.9 Administrative Fees

All refunds will incur bank charges and will be deducted from your refundable balance.

CANCELLATION POLICY

Outside 60 days – 100% refund less administration fee

Within60 to 30 days – 20% fee, 80% refund

Within 30 days – 30% fee, 70% refund

Within 7 days – 50% fee, 50% refund

Within 48 hours – 100% fee, No refund

Late arrivals/No show – 100% fee, No refund

2. SERVICES’ TERMS AND CONDITIONS:

Cape Flava Tours (Pty) Ltd, disclaims all liability for any damage, loss, delay, discomfort, or irregularity that may arise from a defect in any vehicle or goods or from the negligent acts or omissions of any provider. Regarding death, injury, loss, or damage to persons or property resulting from any act, omission, or carelessness on the part of the operator, driver, or employees of the supplier, the Tour Operator assumes no liability.

The Tour Operator denies all liability for any damage or expense resulting from property loss, tour cancellation, or tour curtailment, regardless of the cause. Any reimbursement of the passage money paid, in full or in part, shall not be due from the Tour Operator.

When on a tour or while lodging at any property reserved by Cape Flava Tours (Pty) Ltd or itsagent(s), Cape Flava Tours (Pty) Ltd and its personnel shall not be liable for any diseases, injuries, accidents, death, loss of property, or delays resulting from causes incurred or suffered.

When events beyond the Tour Operator’s control occur, it retains the right to effect last-minute changes to the itinerary, lodging, and mode of transportation. By signing this, the Booking Party waives all rights to claims in this regard.

Cape Flava Tours (Pty) Ltd retains the right to modify routes and itineraries; however, it will make every effort to notify the Booking Party or Third Party of any changes before travel is embarked upon.

3. LUGGAGE POLICY

Booking Party agrees that Cape Flava Tours (Pty) Ltd and all of its employees are not responsible for any loss or damage to luggage. Names and numbers will be affixed to the luggage that has been loaded for the tour. It is the Booking Party’s responsibility to ensure that, when they vacate the vehicle, all of your belongings are withthem.

4. INSURANCE

Cape Flava Tours (Pty) Ltd advises its client to obtain adequate travel and holiday insurance from their own provider. The vehicles have Passenger liability insurance of ZAR50 million included (R5 million for sedans).

Foreign visitors must ensure they have appropriate coverage for their country of origin.

5. THE TRAVELLER’S GENERAL OBLIGATIONS:

5.1. Cape Flava Tours (Pty) Ltd are not suitable fordisabled persons with mobility concerns.

5.2. Rules and regulations.

The Booking Party must comply with the rules and regulations that apply to all ofthe package tour’s sub-suppliers, such as hotels, restaurants, means of transport, etc. The Booking Party mustthus act in such a way that his/her behaviour does not inconvenience or cause a nuisance to his or her fellow Booking Parties. In flagrant or repeated cases, inappropriate behaviour can lead to the Booking Party beingexcluded by the Tour Operator and/or or its representatives from further participation in the tour. In such cases the Booking Party is responsible for his or her own transport from the tour point and any expenses resulting therefrom. In theevent of exclusion from the tour, the Booking Party is not entitled to receive any refund of the priceof the package tour. Cape Flava Tours (Pty) Ltd is not responsible with regard to the exercise of public authority,including, but not limited to, the intervention/action of the police with respect to the Booking Party inconnection with any inappropriate behaviour by the Booking Party. In such situations, the booking Party is liablefor any expenses that may be imposed on him or her, in addition to which the Booking Party cannot lodge any claim against Cape Flava Tours (Pty) Ltd; nor will the Booking Party be entitled to a refund of the price of the packagetour.

6. ALTERATIONS TO THE CONTRACT

5.1. The Booking Party may transfer the fully paid package tour to another person.

Notification of transfer of the package tour must be given to Cape Flava Tours (Pty) Ltdno later than 7 days prior to the start of the tour. Notification after this time will result in the Booking Party losing the right to transfer the package tour. Transfer of the package tour can only take place if theperson to whom the package tour is transferred meets the necessary terms and conditions, as specified by the Cape Flava Tours (Pty) Ltd.