Definitions

In this agreement, unless inconsistent with the text –

• DISCOVERING AFRICA shall mean a division of CULLINAN HOLDINGS LIMITED and/or all its subsidiary companies from time to time which trade under the DISCOVERING AFRICA brand in Southern Africa);

• THE TOUR OPERATOR shall mean any tour operator or travel agent which deals with DISCOVERING AFRICA;

• CLIENT shall mean any individual booking hotels/services/transportation with Discovering africa

• FIT RESERVATION shall mean a booking for a Free Independent Traveler;

• GROUP RESERVATION shall mean a booking concluded on behalf of a group of tourists;

• BOOKING shall mean any FIT or GROUP RESERVATION;

• COMMENCEMENT DATE shall mean the first day of arrival in Southern Africa;

Recordal

These terms and conditions will limit the liability of DISCOVERING AFRICA AFRICA to the TOUR OPERATOR and the guest of the TOUR OPERATOR and any BOOKING made with DISCOVERING AFRICA AFRICA by the TOUR OPERATOR are subject to these terms and conditions.

Pricing

• Certain services, but not limited to, entrance fees, airport taxes and fuel levies are subject to adjustment without any notification to the CLIENT;

Fit Reservation

• All bookings will be confirmed to THE CLIENT by DISCOVERING AFRICA in writing;

• On confirmation of booking, THE CLIENT is required to make full payment not less than thirty days prior to COMMENCEMENT DATE;

• Payment is to be made in the currency of the invoice. DISCOVERING AFRICA invoice in either South African Rand or United States dollars. Should THE CLIENT want to make payment in a currency different from that of invoice, DISCOVERING AFRICA reserve the right to obtain and advise the applicable exchange rate which shall be valid for 3 working days from date of notification of advised exchange rate;

• If the CLIENT wishes to cancel any FIT BOOKING it shall do so, in writing, and no cancellation shall be confirmed unless and until such time as it has been acknowledged and accepted by DISCOVERING AFRICA, in writing, and shall always be subject to the applicable supplier cancellation policy / fees;

• DISCOVERING AFRICA shall not be under any obligation to issue any travel documents to THE CLIENT until such time as full payment has been received.

Group Reservation

• All GROUP BOOKINGS will be confirmed to the CLIENT by DISCOVERING AFRICA in writing;

• On confirmation of the BOOKING a deposit is required as per the suppliers required payment terms and conditions;

• Balance of payment is due 45 days prior to COMMENCEMENT DATE alternatively as per suppliers required terms and conditions;

• Payment is to be made in the currency of the invoice. DISCOVERING AFRICA invoice in either South African Rand or United States dollars. Should THE CLIENT want to make payment in a currency different from that of invoice, DISCOVERING AFRICA reserve the right to obtain and stipulate the applicable exchange rate which shall be valid for 3 working days from date of notification of stipulated exchange rate;

• If the CLIENT wishes to cancel any GROUP BOOKING it shall only be entitled to do so, in writing, and no cancellation shall be confirmed unless and until such time as it has been acknowledged and accepted by DISCOVERING AFRICA, in writing, and shall always be subject to the applicable supplier cancellation policy / fees;

• DISCOVERING AFRICA shall not be under any obligation whatsoever to issue any travel documents to THE CLIENT or any of its guest until such time as full payment has been received.

Cancellation By Discovering Africa

• THE CLIENT acknowledges that in keeping with the policy adopted by tour operators world-wide, DISCOVERING AFRICA shall be entitled at its sole discretion to cancel any BOOKING prior to the commencement of the first activity booked in terms of such BOOKING, and in any such case the entire amount paid by THE CLIENT shall be refunded by DISCOVERING AFRICA to THE CLIENT and THE CLIENT shall not have any further claim of whatsoever nature against DISCOVERING AFRICA as a result of such cancellation;

• DISCOVERING AFRICA shall be entitled at its sole discretion, should it deem it necessary for whatsoever reason, to change any BOOKING by providing alternate accommodation or other services to the CLIENT concerned provided the alternate is of at least of the same quality and standard as that in respect of which the BOOKING was originally made.

Exclusion Of Liability

• THE CLIENT acknowledges and accepts that DISCOVERING AFRICA at all times acts only as an agent on behalf of its suppliers and will not be liable for any loss or damages, whether to persons, their luggage or other items in their possession, or arising as a result of the exercise by DISCOVERING AFRICA of any of its rights in terms hereof and irrespective of whether such loss or damage has arisen as a result of disease, ill health, adverse weather conditions or any other cause including any loss which may be occasioned by the negligence of DISCOVERING AFRICA or any of its personnel or agents and THE CLIENT hereby indemnifies DISCOVERING AFRICA and absolves it from any liability in respect of any claims which may be made against DISCOVERING AFRICA in respect of any such loss or damage which is brought by or through any CLIENT;

• THE CLIENT shall ensure that HE/SHE take out adequate insurance, including medical insurance, to cover against any and all such loss or damages.

Acknowledgements By Tour Operator

THE CLIENT acknowledges that –

• If any accommodation, excursion or other service which has been booked is not available for any reason whatsoever, DISCOVERING AFRICA shall be entitled to make similar alternative arrangements at the same price as that which is not available and no claim whatsoever shall arise against DISCOVERING AFRICA as a result of such unavailability;

• Transportation used on scheduled and day tours will be determined by DISCOVERING AFRICA based upon the number of passengers on tour, and DISCOVERING AFRICA reserve the right to use either smaller or larger vehicles at their discretion;

• Airlines and most vehicle operators limit the weight of the luggage which can be carried by any guest and that no claim shall arise against DISCOVERING AFRICA in the event of any guest not being allowed to carry any luggage or being required to effect payment for any such excess luggage;

• The obligation to obtain a current and valid passport, all necessary visas and vaccinations is that of the guest and DISCOVERING AFRICA shall not be liable in any matter whatsoever;

• Any arrangements, whether for air travel, accommodation or other services which are made by DISCOVERING AFRICA on behalf of any guest of THE CLIENT may be made subject to the standard terms and conditions of the service provider which will be applicable to and shall bind the CLIENT

• DISCOVERING AFRICA will not be obliged to refund any amount paid for any un-utilized service which may have been made for any guest;

• The CLIENT shall be liable to pay, in advance, for any new and additional services whilst traveling on the ground which are not included in the original itinerary.

Variations

THE CLIENT acknowledges that these terms and conditions may be altered from time to time at the sole discretion of Discovering Africa. THE CLIENT accordingly acknowledges that the provisions of this agreement shall be deemed to be amended from time to time as and when the terms and conditions on which DISCOVERING AFRICA trades are amended and to such extent this agreement shall be deemed to be varied from time to time as reflected in the tariff.

Jurisdiction and Applicable Law

Any booking, made by THE CLIENT with DISCOVERING AFRICA and any dispute of whatsoever nature which may arise there from shall be subject to South African law and THE CLIENT consents to the exclusive jurisdiction of the High Court of South Africa for the resolution of any such dispute.

Amendments

This agreement embodies the entire understanding of the parties and there are no terms, conditions or warranties, whether express or implied, other than those contained herein, and any amendment to this agreement shall, subject to the provisions of the VARIATIONS clause above, not be binding on the parties unless reduced to writing and signed by all parties affected by such amendments.

Indulgences

In the event of any party hereto allowing any other party any leniency, extension of time or indulgence, this shall be without prejudice to the rights of the party granting such leniency, extension of time or indulgence, who shall be entitled to enforce his rights in terms hereof at any time.