Once X-PLAW TRAVEL accepts your booking by confirmation thereof a contract is made between X-PLAW TRAVEL & you (the Traveller or Client) upon the terms & conditions set out below.
YOUR RESERVATION AND PAYMENTS
- On receipt of your deposit, subject to availability and at our discretion, X-PLAW TRAVEL will reserve your place on your selected holiday. A contract is only made between you and us upon your booking being confirmed and accepted by us and our communication thereof to you.
- All deposit payments are non refundable.
- X-PLAW TRAVEL reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond its control.
- Two (2) consecutive missed payments without prior arrangement with the X-PLAW TRAVEL Accounts team will result in your booking being cancelled.
- 100% of the Total Cost Tour payment is required by the Tour payment date. A lack thereof will result as a cancellation and your removal from the tour. Cancellation fees and conditions may apply.
- A full statement of accounts will be sent by X-PLAW TRAVEL after every payment made.
- All payments made to X-PLAW TRAVEL after the 5th of the next calendar month will be regarded as late payments and will be penalised & billed accordingly.
- Payments must be made with the correct payment reference provided. Your payment reference is your Tour Code + Your Name/Initials & Surname. An incorrect payment reference used will be penalised & billed accordingly.
- Should you notify us of any changes made to your payment schedule before the next invoice date, these changes will only be effected in the next invoice date.
- The nominated person with regards to group bookings with a single payment account shall be held liable for group account and its payments. The nominated person accepts this responsibility upon your booking being confirmed and accepted by us and our communication thereof to you
- The nominated person with regards to group bookings accepts that he/she is the main contact point and communication channel for X-PLAW TRAVEL, and that all tour/event/payment information and associated terms and conditions shall be communicated to him/her only, and not the entire group. X-PLAW TRAVEL does not accept responsibility for a lack of communication of tour/event/payment information and associated terms and conditions with travellers of a group booking.
- The nominated person with regards to group bookings shall also assume responsibility for communicating and informing his/her group of the relevant tour/event/payment information and terms and conditions associated with X-PLAW TRAVEL.
- The nominated person of a group booking accepts that he/she is the only person authorized to amend the group booking, unless the nominated person has authorized another to do so.
- Prices of X-PLAW TRAVEL tours, events and activities are based on costs & exchange rates at the time of booking.Should these costs change, it may be necessary to add a surcharge to the price of your holiday. Should the total trip price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty. No surcharge in respect of cost or currency fluctuations will be made once payment of the deposit for your land trip has been received. This guarantee excludes fuel surcharges and does not apply to any taxes, charges or levies imposed by any foreign or local governments or their agencies. In exchange for these guarantees, no refund will be made if costs are reduced.
CANCELLATIONS, REFUNDS AND TRANSFERS
- Should you wish to cancel your booking with X-PLAW TRAVEL, such notice must be provided to us in writing.
- Should you wish to cancel your booking with X-PLAW TRAVEL, please note the following refund schedule
– Travellers who cancel their reservations more than 8 months prior to departure – forfeit the booking fee and will be charged an Administration and or Cancellation fee.
2. In addition to forfeiture of the fees above, Travellers who cancel within :
10 – 8 months prior to departure: forfeits 20% of total tour price as cancellation fee,
7 months prior to departure: forfeits 25% of total tour price as cancellation fee,
6 months prior to departure: forfeits 45% of total tour price as cancellation fee,
5 months prior to departure: forfeits 70% of total tour price as cancellation fee,
4 months prior to departure: forfeits 80% of total tour price as cancellation fee.
3-1 month & less to departure: forfeits100% of total tour price as cancellation fee.
- Should change or cancellation prove necessary we will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative.
- If an alternative is not available or acceptable you will be entitled to either a refund of monies paid by you to us less the Cancellation and Administration Fees, or transfer to another X-PLAW TRAVEL tour without payment of any transfer fee.
- If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond X-PLAW TRAVEL’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.
- X-PLAW TRAVEL is not responsible for the costs of any other travel arrangements affected due to our cancellations or rescheduling of any trip departure.
- A name change to a different person on a tour/event will be treated as a cancellation. Cancellation terms and fees may apply.
- Transfers between tours/persons are at the discretion of X-PLAW TRAVEL.
- Account transfers may be allowed only between persons that already have an existing booking with X-PLAW TRAVEL.
- The account amount transferred to another person shall be the remaining amount less transfer and cancellation costs. Note that tour/event deposits are non-refundable and cannot be transferred.
- X-PLAW TRAVEL reserves the right to charge an administrative fee to process a cancellation, refund and/or transfer.
TOUR/EVENT DETAILS AND CONDITIONS
- Tours/Events are not transferrable to another person. However, X-PLAW TRAVEL may grant transfers at its own discretion. Transfer fees and terms may apply.
- The information in our brochure is correct to the best of our knowledge at the time of publish, but we cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.
- X-PLAW TRAVEL strives to do our best, and at our discretion, will select accommodation, sightseeing trips and transportation that give you good value for money.
- X-PLAW TRAVEL reserve the right to vary itineraries and to substitute accommodations, events and activities. X-PLAW TRAVEL is not responsible for any other travel arrangements affected due to our cancellations.
- X-PLAW TRAVEL does not represent or act as an agent, and cannot control the acts or omissions of, any host institution, host family, transportation carrier, hotel, tour organizers, or other provider of good or services.
- X-PLAW TRAVEL assumes no responsibility or liability, in whole or in part, for: any delays, delayed or changed departure or arrival times; fair changes, dishonors of hotel, airline or vehicle rental reservation, missed carrier connections; sickness, disease, injuries (including death), losses, damages, weather, strikes, natural disasters, circumstances beyond the control of X-PLAW TRAVEL, force majeure war, quarantine, civil unrest, kidnapping, public health risks, criminal activity, terrorism, expense, accident, injuries, damage to and lost property; bankruptcies of airlines or other service providers; inconveniences, cessation of operations, mechanical defects, failure or negligence of any nature whatsoever caused in connection with any accommodations, restaurant, transportation, or other third party provided service or for any substitution of hotels or of common carriers beyond X-PLAW TRAVEL’S control, with or without notice; or for any additional expense occasioned by any of the foregoing. If due to weather, flight schedules or other uncontrollable factors I am required to spend additional nights at any location, X-PLAW TRAVEL will not be responsible for my hotel, transfers, meal costs or other expenses.
- Any special meal requirements will be made on a request basis only. X-PLAW TRAVEL cannot guarantee special meal requests nor will it assume any responsibility or liability if traveller’s special meal requirements are not fulfilled.
- Airfares to and from your holiday destination, airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to trip managers, representatives, drivers and local guides, items of a personal nature, excess baggage, optional excursions.
- Under no circumstances can we be held responsible for snow or weather conditions, nor can any holiday be cancelled or amended by you at any time on the basis or snow or weather conditions.
- All travellers’ on X-PLAW TRAVEL tours must have completed and signed associated indemnity forms and accepted X-PLAW TRAVEL’s terms and conditions. X-PLAW TRAVEL reserves the right to remove a traveller from a tour/event due to failure to submit signed and completed indemnity forms. In such cases, cancellation terms and fees may apply.
INDEMNITIES AND WAIVERS
Every traveller on X-PLAW TRAVEL tours/events must sign an indemnity form prior to participation on the tour/event. The conditions of the indemnity form is outlined below.
RISKS OF TRAVELLING IN AND OUTSIDE OF SOUTH AFRICA
- I understand that participation in the trip to the aforementioned destination involves risks, hazards, and dangers not commonly found in my country of residence.
- I am aware of, understand, acknowledge, appreciate that these risks, dangers, and hazards involve traveling to and within, and returning from, one or more foreign countries, including risks of air travel and all other types of transportation that could result in damage to property, injury to persons, or death; foreign political, legal, social and economic conditions; different standards of design, safety and maintenance of utilities, including computing facilities, buildings, public places and conveyances; local sanitation, medical, and weather conditions.
- I am aware of, understand, acknowledge, and appreciate the risks, hazards, and dangers of travel to, in and around the aforementioned destination, including but not limited to the dangers to my own health and personal safety, including loss of property, personal injury, or death posed by war, terrorism, crime, civil unrest, kidnapping, illness, public health risks, accidents, and/or violence.
- I acknowledge that applicable current travel advisories issued by the South African Government Department and the Center for Disease Control information materials or references may be provided to me by X-PLAW TRAVEL. However, I am aware of, understand and accept that I am responsible for undertaking my own investigation to further understand the associated risks, hazards and dangers. I confirm that I am willing to accept these risks, hazards, and dangers.
- X-PLAW TRAVEL will not be held liable for any consequence of any nature arising from my failure to understand the above mentioned accepted and agreed to risks, hazards and dangers.
HEALTH AND SAFETY
- I understand and acknowledge that serious accidents sometimes occur during activities such as this, and that some medical conditions may be exacerbated or aggravated, and that participants occasionally sustain mortal or serious personal injuries and/or property damage as a consequence thereof. Additionally, that my participation could result in loss of or damage to my property, serious injury to my body or to others, and/or my death. I hereby represent and warrant that I am and will be covered throughout my trip by a policy of comprehensive health, accident and loss insurance, which provides comprehensive health and accident insurance policy for injuries and illnesses I sustain or experience overseas, and, more specifically, in the country that I will be living and/or traveling while on the Experience, as well as emergency evacuation and repatriation of remains insurance.
- I hereby represent and warrant that my health, accident and loss insurance policy will adequately cover me for the duration of the Experience as well as the activities involved while inside and outside the Republic of South Africa
- I acknowledge and recognize that X-PLAW TRAVEL is not obligated to attend to any of my medical or medication needs, and I assume all risk and responsibility therefore. If I require medical treatment or hospital care, in a foreign country or in South Africa, during my participation in this travel experience, X-PLAW TRAVEL will not be held responsible for the cost or quality of such treatment. X-PLAW TRAVEL may (but is not obligated to) take any action it considers to be warranted under the circumstances regarding my health and safety. I agree to pay all expenses related thereto and hereby release X-PLAW TRAVEL from any liability for such actions.
- In the event of an emergency or non-emergency situation requiring medical treatment, I hereby grant permission for any and all medical and/or dental attention to be administered to myself, in the event of an accidental injury or illness. This permission includes, but is not limited to, the administration of first aid, the use of an ambulance, and the administration of anesthesia and/or surgery, under the recommendation of local medical personnel.
- I understand and acknowledge that X-PLAW TRAVEL does not represent or act as an agent, and cannot control the acts or omissions of, any host institution, host family, transportation carrier, hotel, tour organizers, or other provider of good or services.
- I understand and acknowledge that X-PLAW TRAVEL assumes no responsibility or liability, in whole or in part, for: any delays, delayed or changed departure or arrival times; fair changes, dishonors of hotel, airline or vehicle rental reservation, missed carrier connections; sickness, disease, injuries (including death), losses, damages, weather, strikes, natural disasters, circumstances beyond the control of X-PLAW TRAVEL, force majeure war, quarantine, civil unrest, kidnapping, public health risks, criminal activity, terrorism, expense, accident, injuries, damage to and lost property; bankruptcies of airlines or other service providers; inconveniences, cessation of operations, mechanical defects, failure or negligence of any nature whatsoever caused in connection with any accommodations, restaurant, transportation, or other third party provided service or for any substitution of hotels or of common carriers beyond X-PLAW TRAVEL’S control, with or without notice; or for any additional expense occasioned by any of the foregoing. If due to weather, flight schedules or other uncontrollable factors I am required to spend additional nights at any location, X-PLAW TRAVEL will not be responsible for my hotel, transfers, meal costs or other expenses.
- I understand and acknowledge that my baggage and personal property are transported at my own risk entirely.
- I hereby warrant that any personal information provided to X-PLAW TRAVEL for the Experience aforementioned is valid and accurate. I hereby confirm that I am a minor (under 18) permitted to participate by a parent/guardian or an adult over 18 years of age.
- I hereby represent and warrant that I am in good health and do not possess any medical condition, pre-existing physical limitation or condition which may be aggravated, harmed by my participation in the Experience and associated activities or which might make participation inadvisable.
- I understand and acknowledge that it is my responsibility to make X-PLAW TRAVEL aware of any medical conditions, allergies (including food allergies), special needs and the like.
- I understand, acknowledge and accept that it is my responsibility to understand the details included in the tour package price. No allowance or refund can be made for items that are part of the tour package price but you elect not to take.
- The responsibility for compliance with all governmental regulations relating to the provision of current and valid passports, visas, inoculations, vaccinations, re-entry permits, travel documents and the like where required is that of the participant alone. X-PLAW TRAVEL will not be held liable for any consequence of any nature arising from the non-compliance of any governmental regulations by the participant.
- It is understood that visas do not represent a guarantee of admittance to any destination and that immigration authorities reserve the right to deny entry, repatriate, deport or prosecute alien visitors who are deemed undesirable or fail to present the necessary documentation upon request or contravene immigration laws. X-PLAW TRAVEL will not be held liable for any consequence of any nature howsoever arising.
- It is further understood that remoteness of the area, local customs and prevailing weather conditions may cause modification to the program itinerary and X-PLAW TRAVEL reserves the right to modify and/or cancel travel arrangements due to unfavourable conditions.
- I hereby represent and warrant that my participation in this trip is wholly voluntary. I understand and hereby acknowledge that I may face additional and/or increased risk of injury or death due to civil unrest, violence, terrorism, crime, illnesses, kidnapping, or political instability. I hereby assume, knowingly and voluntarily, each of these risks and all other risks that could arise out of or occur during my travel to, from, in or around the aforementioned destination.
- I understand and accept that I am responsible and accountable for my decisions and actions performed outside of an X-PLAW TRAVEL Tour Itinerary/Schedule.
STANDARD OF CONDUCT
- I understand and acknowledge that each foreign country has its own laws and standards of acceptable conduct, including dress, manners, morals, politics, drug use, and behavior. I recognize that behavior, which violates those laws or standards, could harm X-PLAW TRAVEL’s relations with those countries and the institutions therein, as well as my own health and safety. I agree to become informed and will abide by, all such laws and standards for each country to or through which I travel. I agree to attend to any legal problems I encounter with any foreign nationals or government of the host country or any country to or through which I travel. X-PLAW TRAVEL is not responsible for providing any assistance under such circumstances.
- I understand, acknowledge and accept that X-PLAW TRAVEL may in its sole discretion, decline the booking of any participant or remove any participant who cannot comply or refuses to comply with X-PLAW’S terms and conditions. X-PLAW TRAVEL is not responsible for any costs incurred in the event that a participant is removed from a tour. I understand and accept not to hold X-PLAW TRAVEL and its employees, agents, officers, trustees and representatives (in their official and individual capacities) liable for any actions taken under these terms and conditions. X-PLAW TRAVEL also reserves the right to deny admittance/acceptance of a participant for any reason whatsoever.
- I understand and accept that I am responsible for any costs incurred as a result of damage or excess cleaning fees related to accommodation and other tour related services. I acknowledge that I should immediately report any pre-existing damage in my room to staff and/or a X-PLAW TRAVEL Tour Manager as soon as it is discovered.
- X-PLAW TRAVEL will use, collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of you
- X-PLAW TRAVEL shall not distribute your personal information to third parties; unless it is required to deliver services requested.
- I understand and consent that X-PLAW TRAVEL may use my personal information to offer enhanced customer services and send me marketing information. I acknowledge that I may opt out of such communications at any time by requesting X-PLAW TRAVEL to do so.
- I acknowledge and consent that personal information may be transmitted, processed, stored across locations outside of the Republic of South Africa.
- X-PLAW TRAVEL assumes no responsibility or liability for the security of personal information outside of its control.
- For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby consent to the photographing/videography of myself, the recording of my voice, writing and the use of these photographs, videos and/or recordings singularly or in conjunction with other photographs and/or recordings for advertising, publicity, commercial or other X-PLAW TRAVEL business purposes. I understand that the term “photograph” as used herein encompasses both still photographs and motion picture footage. I further consent to the reproduction and/or authorization by X-PLAW TRAVEL to reproduce and use said photographs/video and recordings of my voice, for use in all domestic and foreign markets. Furthermore, I understand that others, with or without the consent of X-Plaw use and/or reproduce such photographs/videos and recordings. I hereby release X-Plaw and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind on account of such use.
- I hereby consent that personal information in association with aforementioned photography/videography may be used for marketing purposes.
ASSUMPTION OF RISK AND RELEASE OF CLAIMS
- Knowing the risks, dangers, and hazards described above, and in consideration of being permitted to participate in the aforementioned experience, I agree, individually, and on behalf of my heirs, successors, assigns and personal representatives, to assume all the risks, dangers, hazards, and responsibilities surrounding my participation in the aforementioned experience. To the maximum extent permitted by law, I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby release and forever discharge X-PLAW TRAVEL and its employees, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability whatsoever, which arise as a result of negligence on the part of X-PLAW TRAVEL, for any and all damages, losses or injuries (including death). I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorney’s fees which arise out of, result from, occur during or are connected in any manner with my trip to aforementioned destination.
INDEMNIFICATION AND HOLD HARMLESS
- I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless X-PLAW TRAVEL and its employees, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability, loss, damage or expense, including attorney’s fees, that may result from my negligent or intentional act or omission, which arise out of, occur during, or are in any way connected with my trip to aforementioned destination, including any independent travel or any activities or field trips.