a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
b. unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
c. “Tydon or Tydon Safaris” means TYDON AFRICAN SAFARIS CC registered in South Africa under registration number 2010/076643/23. “the client” means the person / s named on the reservation form (whether it be a provisional or confirmed reservation form ) and who contracts with TYDON AFRICAN SAFARIS on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to TYDON for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
d. “services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa. Such services include, but shall not be limited to the procurement by TYDON, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park reservations, the procurement of reservations with any air or land carriers, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
e. “service providers” means the owners / operators of accommodation facilities, air or land carriers, day tours, excursions and adventure activities, including any other services incidental to the a foregoing, which are not owned or operated by TYDON itself.
All and any business or contracts undertaken or advice, information or services rendered by TYDON, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
3.1 All quotations given by TYDON in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of TYDON, shall be in the currency of South African Rand. Such quotations shall be inclusive of South African value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. TYDON reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party service providers.
3.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of TYDON for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on TYDON and the client, and accordingly not subject to appeal.
3.3 All payments to be made by a client to TYDON shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to TYDON by way of cash, direct transfer, forex transfer or by credit card. The client shall provide TYDON forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
3.4 All deposits due by a client to TYDON shall be made no later than 3 working days after confirmation of a booking by a client.
3.5 Although TYDON strives to ensure that all rates displayed on sites are correct and accurate, TYDON reserves the right to request additional payments from clients, should a service provider charge such rates. Service providers may make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to TYDON by the client on demand.
4.1 Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the a foregoing, the costs of insurances, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, emergency evacuation, gratuities and beverages, optional meals and any optional excursion not reflected on the booking reservation.
5.1 A 50% deposit is required to confirm your reservation. The balance of the full amount outstanding to TYDON is payable 30 days prior to your departure date. Late applicants may join tours on an accommodation available basis. Clients booking a tour less than 30 days away from departure are required to pay the full amount of the tour.
6.1 All cancellations are to be given in writing to TYDON AFRICAN SAFARIS CC.
6.2 Cancellation will bear the following fees:
6.3 All refunds will incur bank charges, commission costs and an administrative fee, all of which will not exceed 10% of the refund amount.
7.1 Until such time as Tydon African Safaris has received payment in full for the services as set out in the confirmed booking reservation, all documentation, including without limited the generality thereof vouchers for accommodation, excursions, meals and transportation (all of which hereinafter referred to as “the documents” ) will not be issued or handed over to the client. The provisions of this clause shall entitle TYDON so as to give it a right of retention or lien in respect of the documents.
8.1 TYDON has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure , the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond TYDON’S control.
8.2 Any extra costs and expenses occasioned as a result of an alteration to or cancellation of itineraries as provided for in clause 8.1 above shall be payable by the client on demand by TYDON.
8.3 TYDON may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behaviour of the client, who shall, in those circumstances, not be entitled to any refund.
9.1 The client shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance cover in order to cover himself, his dependants and / or travelling companions for the duration of the booking for which he has reserved. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses, damage / theft / loss of personal baggage, money and goods.
9.2 Under no circumstances shall TYDON, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, his dependants or travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged direct for any emergency evacuation, repatriation and medical expenses be the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.
10.1 It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa.
10.2 Clients should be medically fit, in good health and able to embark upon a trip. If the client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip.
11.1 The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants and travelling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveller’s cheques where applicable.
11.2 TYDON does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, TYDON shall not be liable for any costs of whatsoever nature occasioned thereby.
12.1 TYDON shall not be liable to the client for any claim of whatsoever:-nature in connection with the provision of the services ( whether in contract or dialect ) and whether for damages for personal injury or to property , howsoever arising, including, but without limiting the generality of the aforesaid:
.a) any negligent act or omission or statement by TYDON, its servants or agents;
.b) any grossly negligent act or omission or statement by TYDON, its servants or agents unless:
i. such claim arises from the willful misconduct of TYDON, its servants or agents; and
ii. TYDON receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against TYDON.
12.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, TYDON shall under no circumstances whatsoever, be liable for any indirect or consequential loss, howsoever caused or suffered by the client.
12.3 By accepting these Standard Terms and Conditions, the client indemnifies TYDON for any such loss, damage of injury that the client might suffer, directly or indirectly irrespective of the cause thereof.
13.1 The client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk. The client further undertakes to abide by all the rules and precautions as will be communicated by TYDON from time to time.
14.1 A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided unless otherwise agreed in writing by TYDON.
14.2 Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking.
14.3 Certain accommodation establishments refuse permission to children under the age of 12 years, such as certain private game lodges. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier.
14.4 Service providers which allow children under 12, may have restrictions regarding the participation of such children in its activities in which children may partake. This is at the discretion of the service provider and needs to be confirmed with TYDON at the time of booking. TYDON cannot be held liable for any changes to the child policy of any service provider.
15.1 TYDON shall be entitled to take photographs, films and videos (including in electronic format) of the client during his excursions, as well as at any time during the client’s excursions in Africa for the duration of the services provided in terms hereof. TYDON at its sole discretion, may use such photographic, film and video material so taken, for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.
16.1 These standard terms and conditions and all agreements entered into between TYDON and the client pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement / s were entered into.
17.1 No variation or alteration of these standard terms and conditions of contract shall be binding on TYDON unless embodied in a written document signed by a member of TYDON. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
18.1 No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppel against TYDON in respect of its rights herein, nor shall it operate so as to preclude TYDON thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
Upon the confirmation of any booking by TYDON to the client, it shall be regarded that the client has read and accepted all the terms and conditions contained herein and shall be part of the agreement between the client and TYDON.