CLIMAX Tourism Services CC

STANDARD TERMS AND CONDITIONS

1. Prices are subject to change without prior notice. All prices and rates are quoted in South African Rand (ZAR), Pound Sterling or US Dollar as specified, unless otherwise specifically agreed. Payment in approved foreign currency will be accepted at the rate of exchange applied by the bankers of CLIMAX Tourism Services at the time of receipt of payment. Any shortfall resulting from exchange rate fluctuations will be for the account of the passenger.
2. The client shall pay a deposit of 50% of the total booking value to CLIMAX to secure booking. All bookings will be considered provisional until proof of deposit payment has been received by CLIMAX. The full quoted price must be paid thirty days prior to the commencement of services. Services booked less than thirty (30) days prior to departure must be paid in full on booking, unless otherwise specifically agreed.
3. Payment shall be made in all instances (by account holders and non-account holders) in the currency in which the quotation was accepted or in which the invoice is made out. All payments shall be made to CLIMAX, free of deduction or set off of any nature whatever, at such place and in such manner as CLIMAX may authorise from time to time in writing. Bank charges are the responsibility of the transferor.
4. Should any amount not be paid on due date, then the client shall be liable to pay CLIMAX interest on all such amounts calculated from the due date until payment, at the prime bank overdraft rate as charged by CLIMAX's bankers to its most favourite corporate customers in respect of overdraft facilities from time to time, as calculated and compounded by such bankers. Any certificate signed by any manager, whose appointment and authority it shall not be necessary to prove, of any branch of such bank shall constitute prima facie proof of the amount of such interest.
5. CLIMAX reserves the right to decline to accept or retain any traveller as a member of any group or on any tour at any time as a result of the non-payment of any amount due by the client in respect of such traveller or if such traveller interferes with any other member of any group and/or causes any disturbance or nuisance
6. Should the reservation be cancelled, the following cancellation fees will be due and payable (except Private Game Lodges, Zimbabwe, Botswana, Zambia and Namibia where more stringent cancellation fees apply, details of which are available on request from CLIMAX and will be supplied as and when such services are requested). All cancellations must be made in writing and shall be effective only on the date which CLIMAX receives the notice of cancellation:
   > 45 days or more prior to travel date 5%* (With minimum of ZAR 500:00)
   > 30 – 44 days prior to travel date 25% *
   > 21 – 29 days prior to travel date 50%*
   > 14 – 20 days prior to travel date 75%*
   > less than 14 days prior to travel date 100%*
   *All percentages refer to the total booking value*
7. A child of 12 years and older will be charged the full applicable adult per person rate on all services provided.
8. Children under the age of 8 will not be accepted on overland tours
9. Children under the age of 2 will not be accepted on day tours. Please ask for alternatives.
10. Children between 2 and 12 will qualify for a 50% reduction off the applicable per adult sharing rate, should that child share its accommodation with two adults.
11. No more than one child per room sharing with two adults will be possible.
12. Children who occupy their own room will be charged the full applicable per adult sharing rate.
13. Certain camps, lodges and hotels generally refuse to accept children under 12 years.
14. Private Tours: Children of all ages are accepted if specifically agreed. Rates as indicated in 12 and 15 will apply unless agreed otherwise.
15. Proof of child age must be provided on request.
16. If the client makes a booking on behalf of any party, the client warrants to CLIMAX that the client is authorised by such traveller to make reservations on behalf of such traveller and is acting as such traveller's agent and in so doing, binds such party to these conditions. Upon the reservation being accepted by CLIMAX, the client warrants that the traveller has been informed of and is bound by the terms and conditions set out herein. The client indemnifies and holds CLIMAX harmless against all claims for damage, loss and injury which any traveller may claim against CLIMAX if such claim is excluded in terms hereof.
17. The transport, meals, entrance fees, accommodation and other facilities and services which are to be supplied in respect of any tour package ("the package") are those specifically stated in the tour brochure or package itinerary in which the tour contracted for by any party ("the client") on behalf of any third party/ies ("the traveller/s") is described. Each package requires the organisation of transport, meals, entrance fees, accommodation and/or other facilities or services. CLIMAX has no direct day to day control over its suppliers. Accordingly CLIMAX accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience which may be occasioned by any defect in any object (including a vehicle) utilised by any supplier for the supply of any service or by an act or omission of any supplier or its servants or agents.
18. CLIMAX reserves the right to sub-contract in case of an emergency, and when this right is exercised the substitute will, as far as circumstances permit, compare equally with CLIMAX.
19. Accommodation is as specified in the itinerary or brochure and is based on two people sharing a twin bedded room. The use of specific accommodation is subject to availability. CLIMAX reserves the right to make use of alternative accommodation. This will in no way affect the price of the tour. Single accommodation is in short supply but may be available at extra cost on a first come first serve basis.
20. Should the traveller fail to join a tour, join it after departure or leave it prior to completion, no refund will be made and no credit granted. Travellers should ensure that they have appropriate insurance cover.
21. CLIMAX shall not be liable for any loss, damage or expense of any nature whatever suffered by the client or any traveller arising from –
    > the loss of or any damage to any property;
    > the cancellation or curtailment of any tour;
    > sickness, quarantine, weather conditions, war, strikes, riots and/or any other cause of any nature whatever, however caused and whether as a result of CLIMAX's negligence or otherwise.

22. CLIMAX accepts no liability for the death of, injury to, loss and/or damage to, any person and/or property arising out of any act or omission of CLIMAX, the supplier, any servant or agent of CLIMAX or any supplier, whether as a result of negligence or otherwise. The client and the traveller shall be deemed to have waived, renounced and abandoned any and all rights and entitlements to which the client and the traveller may be entitled under the provisions of the law of the Republic of South Africa for any loss or damage to person and/or property.
23. Should sickness or accident interrupt a tour, CLIMAX shall not be liable for any –
    > loss, damage or expense arising there from, whether as a result of CLIMAX's negligence or otherwise; and refund, either total or partial, of money paid.
    > CLIMAX recommends that the client advises travellers to take out the necessary insurance to protect against any such eventuality.
24. Travellers shall be solely responsible for complying with the formalities required by police, customs, health and all other authorities at the point of departure, at the destination and whilst in transit. Whilst CLIMAX will endeavour to provide the client, prior to departure, with the latest information concerning such regulations and restrictions, CLIMAX shall not responsible and does not accept any liability for any inaccuracies or omissions in this regard.
25. Travellers may not carry any unlawful articles or substances whilst travelling in the South African region. Should any traveller contravene the aforesaid prohibitions, CLIMAX will be entitled to immediately exclude the offender from the tour and such traveller will be responsible for his or her own repatriation and all costs associated therewith. CLIMAX will under no circumstance assist any such offender in any dealings or negotiations with any authority.
26. In all matters where it is or may be necessary to have recourse to the court, the courts of the Republic of South Africa shall have sole jurisdiction to the exclusions of the courts of any other country and the prevailing law of the Republic of South Africa shall prevail.
27. Should CLIMAX appoint a tour leader or guide in respect of any tour, then the traveller must accept all reasonable instructions of such tour leader or guide.
28. All information contained in CLIMAX's brochure/itinerary and price inserts are to the best of CLIMAX's knowledge and belief true and correct, but CLIMAX accepts no liability for any inaccuracies contained therein.
29. Quotations are valid only to the expiry date stated on the quotation and are subject to adjustment if the services quoted for are not available at the time of booking. Quotations are based on itineraries and requirements specified by the customer. Upon acceptance of the quotation, any changes requested by the customer which incur additional costs will be charged to the customer. Prices are also subject to adjustment in the event of changes in government imposed taxes, fuel prices, air fares, hotel charges, tourism levies, and / or the introduction of national, regional or local taxes or levies of whatever nature. Prices for the services of sub-contractors may vary, however such changes will be communicated in writing to the customer. Acceptance of the quotation will be regarded as acceptance of CLIMAX’s Terms and Conditions of Business.
30. All travel arrangements, such as flight bookings, reservation of hotel accommodation, reservation of motor transport and the like, made by CLIMAX are subject to the booking conditions and cancellation provisions of the supplier thereof.
31. CLIMAX reserves the right to alter or substitute routes, refreshments, meals accommodation, itineraries, tours, services, vehicles and/or arrangements should conditions necessitate. CLIMAX will offer substitutes of equal value and will inform the client of any known changes before departure.
32. CLIMAX carries extensive passenger liability insurance, details of which will be made available on request. It is strongly recommended that all travellers take out comprehensive travel insurance including full medical cover, as well as cancellation and curtailment cover.
33. Passports and visas: The onus is on the traveller to ensure that their passports are valid for travel and that they are in possession of valid visas for all countries being visited and that all necessary health certificates for these destinations are in order.
34. ALL VISITORS MUST HAVE TWO BLANK PAGES IN THEIR PASSPORT, IF NOT SUCH A PERSON MAY BE DETAINED AND DEPORTED.
35. If in the opinion of CLIMAX the fulfilment of any tour is considered impossible, illegal or if in CLIMAX's opinion inadvisable because of weather conditions, avalanches, strikes, war, government interference and/or any other cause not arising from CLIMAX's negligence, CLIMAX may at any time cancel such tour or what remains of it or make alterations in the route, accommodation, price and/or any other aspect thereof as it thinks fit, and any losses and expenses resulting from such cancellation or alteration shall be borne by the traveller.
36. One standard set of luggage, comprising one suitcase and one overnight bag per person is allowed. Luggage should be clearly marked.
37. It is obviously not possible for all travellers to occupy front row seats throughout their tours. So as to have as many passengers as possible enjoy the front row seats, CLIMAX's guides and drivers have been instructed to implement a policy of rotation of seats.
38. In accordance with international practice and as a courtesy to non-smoking fellow passengers, travellers co-operation is required in implementing a policy of prohibiting smoking on vehicles. At no time and under no circumstances is smoking permitted on vehicles. The guide or driver will ensure that sufficient comfort stops are made to enable travellers to smoke outside.
39. CLIMAX shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to by it in writing. No representation, term, warranty or condition express or implied shall be considered to be or to have been made or agreed or implied by reference to any other writing, advertisement or conversation.
40. No addition to, variation, or agreed cancellation of these conditions shall be of any force or effect unless in writing and signed by or on behalf of any director of CLIMAX
41. No indulgence which CLIMAX may grant to any party, shall constitute a waiver of any of the rights of CLIMAX who shall not thereby be precluded from exercising any rights against the client and/or the traveller which may have arisen in the past or which might arise in the future.
42. Any claim or dispute which may arise between the client and CLIMAX or any travellers and CLIMAX including any claim for loss or damage due to injury to person or property shall be resolved by arbitration in accordance with the laws of the Republic of South Africa.
43. In respect of FIT's and groups the additional terms and conditions set out hereinafter will also apply.
44. In these terms and conditions –
    > the word "travel date" shall mean the date of scheduled arrival of the traveller/s in the Republic of South Africa;
    > the singular shall include the plural and vice versa;
    > any gender includes the other genders;
    > a natural person includes an artificial person and vice versa.

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