TERMS & CONDITIONS
- REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s medical information form (the “Medical Form”), available on the Tour Operator’s website at ???
Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).
- CANCELLATION BY THE PARTICIPANT
Cancellation of a Tour:
(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: 80% of the remainder of the payments made to the Tour Operator in respect of the cancelled Tour will be refunded.
(b) Cancellation received 30-59 days before departure of first product or service in relevant booking: An amount equal to 50% of the remainder of the payments made to the Tour Operator in respect of the cancelled Tour will be refunded.
(c) Cancellation less than 30 days before departure of first product or service in relevant booking: No further refund will be payable.
- GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
- ACCEPTANCE OF RISK
You acknowledge that adventures travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator. The Tour Operator requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your tour. The Waiver is available at ???
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Tour Operator may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then the Tour Operator liability will not exceed R,1000 (South African Rand). The Tour Operator will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Tour Operator and its suppliers, contractors or other third parties.
- APPLICABLE LAW
The Contract and these Terms are subject to the laws of South Africa and you submit to the exclusive jurisdiction of the courts located in South Africa for the resolution of any dispute under these Terms or concerning any Tour, product or service.
The Tour Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Tour Operator’s website at https://earthskyafrica.com/important/. Any amendment will take effect 10 days after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
- ADDITIONAL TERMS APPLICABLE TO CERTAIN TRAVEL STYLES
(A) FAMILY TOURS
The following terms and conditions will only apply if you are booking or traveling on Family Tours with the Tour Operator:
Family Tour Requirements: In order to book a Tour designated as a “Family Tour” by the Tour Operator, you must be travelling as part of a “Family Unit”. A “Family Unit” is a group of two or more persons travelling and booking together, where at least one person is a minor in the care of at least one of the accompanying adults. One minor may accompany one or more adults for the purposes of being considered a Family Unit. The Tour Operator reserves the right to cancel the booking of anyone travelling or planning to travel on a Family Tour who, in the Tour Operator’s sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise does not meet the Tour Operator’s requirements for participation in a Family Tour.
(B) 18-to-THIRTYSOMETHINGS TOURS
The following terms and conditions will only apply if you are booking or traveling on 18-to-Thirtysomethings Tours with the Tour Operator:
To travel on a “18-to-Thirtysomethings” Tour, you must be at least 18 years of age as of the date of first travel and comply with any other age restrictions as may be promulgated from time to time by Earth Sky Africa Tours.
(C) M.S. EXPEDITION
The following terms and conditions will only apply if you are booking or traveling on Expedition Tours with Earth Sky Africa Tours:
Medical Form for Expedition Tours: The Tour Operator’s Medical Form is mandatory for all Expedition Tours. You must return your Medical Form signed by a licensed and practicing physician to the Tour Operator prior to or at the time of final payment for the applicable booking.
Payment and Cancellation: Payment for the full amount due for any Expedition Tour is due 120 days before the departure date of the first product of service on your booking. If full payment is not received by the due date, the Tour Operator may change the rate payable or may treat the booking as cancelled and may, in its sole discretion, retain the deposit paid on booking as a cancellation fee. If a Tour is booked less than 120 days before the departure date of the first scheduled departure on your itinerary where an Expedition Tour is included, then the full amount is payable at the time of booking. If payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on your invoice.
You may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).
Cancellation Terms for Expedition Trips:
(a) Cancellation 90 days or more before first departure on relevant booking: 80% of the payments to the Tour Operator for the cancelled Tour will be refunded.
(b) Cancellation 60-89 days before first departure on relevant booking: 50% of the remainder of the payments made to the Tour Operation for the cancelled Tour will be refunded.
(c) Cancellation less than 60 days before first departure on relevant booking: No further refund will be payable.
Cancellation of Pre and Post Cruise Accommodations, Add-On Packages, Kayaking, Camping, and Theme Packs:
(a) Cancellation 60 days or more before first departure on relevant booking: 80% of payments made to the Tour Operator will be refunded.
(b) Cancellation less than 60 days before first departure on relevant booking: no refund is payable.
Expedition Service Providers:
The Vessel used in Expedition Tours carries onboard service providers, which may include medical staff, spa personnel, or entertainers who operate as independent contractors. Their services and products are charged as Optional Extras and they contract directly with you to provide any products and services you request. Neither the Tour Operator nor the Carrier is responsible for these Optional Extras and will not be liable for the acts or omissions of these service providers.
Shore excursions on Expedition Tours (“Shore Excursions”) are subject to their own set of terms and conditions, separate and apart from these Terms, and may be reserved after an Expedition Tour has been booked and confirmed. It is your responsibility to ensure that you are fit to participate in Shore Excursions.
- D) EARTH SKY AFRICA TOURS FAMILY JOURNEYS
The following terms and conditions will only apply if you are booking or traveling on a National Geographic Journeys with Earth Sky Africa Tours or a National Geographic Family Journeys Tour:
National Geographic Partners, LLC (for purposes of these Terms, collectively “NGP”) will provide educational enrichment as outlined in its catalog and on its website (nationalgeographicjourneys.com) and has licensed Earth Sky Africa Tours to organize and administer National Geographic Journeys tours. The Tour Operator is solely responsible for arranging and providing all the services and accommodations offered to you in connection with the Tour.
By booking or traveling on a Tour, you certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. NGP and the Tour Operator reserve the right in their sole discretion to accept, decline or remove any person on a Tour. NGP and the Tour Operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, they deem it necessary for your comfort, convenience, or safety and in accordance with these Terms.
NGP, ITS PARENTS, SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES, AFFILIATES, OFFICERS DIRECTORS, SUCCESSORS, REPRESENTATIVE AND ASSIGNES (COLLECTIVELY DEFINED AS “NATIONAL GEOGRAPHIC”) ARE NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY.
National Geographic shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against National Geographic for any such loss, damage, injury, or death.
The following terms and conditions will only apply if you are booking or traveling on a National Geographic Family Journeys Tour:
In order to book a National Geographic Family Journeys Tour, you must be travelling as part of a “Family Unit”. A “Family Unit” is a group of two or more persons travelling and booking together, where at least one person is a minor in the care of at least one of the accompanying adults. One minor may accompany one or more adults for the purposes of being considered a Family Unit. The Tour Operator reserves the right to cancel the booking of anyone travelling or planning to travel on a National Geographic Family Journeys Tour who, in the Tour Operator’s sole discretion, do not properly constitute a Family Unit inaccordance with this section or otherwise does not meet the Tour Operator’s requirements for participation in a National Geographic Family Journeys Tour.
Deposit Terms for TailorMade: At the time of booking, a non-refundable deposit in the amount of 30% of the Tour price, per person per Tour is due to the Tour Operator. If the booking is made 90 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to the Tour Operator or authorized agent, as applicable. Deposits paid in respect of a TailorMade trip will not be held as a Lifetime Deposit.
(F) DAY TOURS
In the event of a cancellation that results in the loss of full or partial payment to the cost of a Day Tour, Deposit will be forfeited.