TRADING TERMS AND CONDITIONS

Introduction

    1. These Terms and Conditions ("Terms") govern the relationship between ‘Cedrick Booy T/A Transcend Safaris’ ("the Agency") and the clients ("the Client") who engage the Agency's services.

    2.  By making a booking with the Agency, the Client agrees to be bound by these Terms.

    3. The Agency is registered in South Africa with the following details:

  • Company Name: Cedrick Booy T/A Transcend Safaris

  • Address: Plot 18 JT 184, Kiepersol, White River, 1241

  • Contact: enquiries@transcendsagfaris.com or calling +27 76 024 6926

Scope of Services

    1.  The Agency acts as an intermediary between the Client and various travel service providers, including but not limited to game reserve lodges and camps, airlines, hotels, tour operators, and car rental companies ("Service Providers").

    2. The Agency is responsible for arranging and facilitating bookings on behalf of the Client but does not provide any of the travel services directly.

    3.  The Client acknowledges that all travel services are subject to the terms and conditions of the relevant Service Providers.

    4. In terms of these standard trading conditions, and any contract/s concluded pursuant hereto, the Agent acts as agent only for and on behalf of the client in procuring the services of the Service Provider. The Agency shall procure the services for and behalf of the client as agent for it with relevant third party Service Providers concerned. The Agent shall, under no circumstances, be liable for the acts and omissions of the relevant Service Provider concerned.

Booking Process

    1. Enquiries and Quotations

      • All enquiries and quotations provided by the Agency are subject to availability and are not binding until confirmed in writing by the Agency.

      • Provisional booking periods are determined by the Service Provider and reserves the right to release reservations if deposits (clause 5) have not been paid.

    2. Itineraries

      • Itineraries provided by the Agency are subject to availability and are not binding until approved by the Client in writing or acceptance via digital online approval methods.

      • Approved itineraries provided by the Agency may be subject to change at any time (even after issue) due to unforeseen circumstances beyond the control of the Agency. This includes Travel, Accommodation and Activities. Every effort will be made to operate itineraries as planned.

      • the Agency reserves the right to make alterations to and / or withdraw an itinerary or any part of it as is deemed necessary, and to pass on any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, the Agency reserves the right to adjust the itinerary costs as necessary.

    3. Confirming a Booking

      • A booking is considered confirmed once the Client has paid the required deposit or full payment, and the Agency has issued a written confirmation.

      • Reservations held by the Agency where no deposit has been paid by the Guest or where no guarantee has been given will be cancelled by the Agency on notice to the Client.

      • the Agency reserves the right to, in its sole and unfettered discretion, cancel a Booking if such cancellation is deemed to be necessary and in the interest of the Agency, which cancellation shall be made against a full refund of all and any monies paid in respect of such Booking.

      • The Client on confirmation of the booking enters into a direct contractual relationship with the Service Providers and would be subjected to the Service Providers terms and conditions in addition to the Agencies.

      • The Service Provider reserve the right to make changes to their services, including pricing, itineraries, and availability.

      • By Confirming your booking, you as the Client acknowledges and accept that terms and conditions.

      • The Agency sub contracts all air travel services to independent airline carriers and / or air service operators, The Agency cannot accept any responsibility in respect of any delay or cancellation of any flight and / or any inaccuracies of flight schedules which may occur. All flights, where required, would need to be paid in full and shall be subject to such cancellation and refund terms as may be determined from time to time by the relevant airline carrier and / or air service operator.

      • Confirmed bookings will be subject to the appropriate payment and cancellation policy as set out in clauses 5 and 6.

    4. Client Information

      • Upon confirmation the Client must provide accurate and complete information for all travellers, including full names as per passport, contact details, and any special requests or requirements.

      • The Agency is not responsible for any issues arising from incorrect or incomplete information provided by the Client.

Pricing

    1. Price of the itinerary shall include the Agency fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable.

    2. Scheduled Activities will include entrance fees where stipulated. The Client acknowledges that the Agency will be entitled to revise and adjust the price of the if factors such as (without limitation) fluctuations in foreign currency exchange rates, changes in tariff rates and applicable taxes impact the price.

Payments

    1. Deposit and Final Payment

      • A deposit of 25% of the total booking cost is required to confirm the booking.

      • The balance must be paid no later than 28 days before the departure date or as indicated on Invoice to Client under terms and conditions.

    2. Payment Methods

      • Payment shall be effected by electronic fund transfer into bank account(s) as provided by the Agency at time of Confirmation or via secure online payment portal.

      • All payments must be made in ZAR, and the Client is responsible for any bank charges or currency conversion fees.

    3. Late Payments

      • The Agency reserves the right to cancel any booking if payment is not received by the specified due date.

    4. Non-Refundable Payments

      • Some Service Providers may require non-refundable payments. The Client will be informed of any non-refundable payments at the time of booking.

Cancellations and Amendments

    1. Cancellation by the Client

      • Cancellations must be made in writing and acknowledged by the Agency. Where cancellations are sent by email, you must obtain an e-mail proof of receipt and retain written acknowledgement of receipt from the Agency

      • The following cancellation fees apply:

        • Between Confirmation and 61 days prior to arrival: 25% of Total Booking (i.e. Deposit)

        • Between 28 days and arrival: 100% of Total Booking value.

        • Cancellation during travel or stay: 100% of Total Booking value.

      • Refunds, if applicable, will be processed within 14 days of receiving the cancellation request.

      •  Amendments by the Client

      • Any amendments to a confirmed booking must be requested in writing and are subject to availability and the terms of the Service Providers.

      • The Agency may charge an administration fee of R1000.00 for processing amendments.

    2. Cancellation or Amendment by the Agency

      • The Agency reserves the right to cancel or amend any booking due to circumstances beyond its control, including but not limited to force majeure events, Service Provider changes, or insufficient participants.

      • In such cases, the Agency will offer an alternative arrangement or a full refund, but the Agency is not responsible for any additional costs incurred by the Client.

      • Reservations held by the Agency where no deposit has been paid by the Guest or where no guarantee has been given will be cancelled by the Agency on notice to the Client

    3. Refunds

      • Refunds will not be made for any missed services and activities in respect of the confirmed booking and confirmed itinerary.

      • Refunds due to cancellation refer to clause 6 will be paid into the Clients nominated account subject to a 3.5% admin charge on credit card refunds.

 Travel Documents and Health Requirements.

    1. Travel Documents

      • The Client is responsible for ensuring that all necessary travel documents (e.g., passports, visas, vaccination certificates) are valid and in order before departure.

      • The Agency is not liable for any issues, delays, or costs arising from incomplete or invalid travel documents.

    2. Visa Requirements

      • The Client is responsible for obtaining all necessary visas and meeting entry requirements for all countries to be visited.

    3. Health Requirements

      • The Client is responsible for meeting all health requirements, including vaccinations, as required by the destinations on the itinerary.

Travel Insurance

    1. Mandatory Insurance

      • Comprehensive travel insurance is recommended for all Clients and must cover cancellation, medical expenses, personal injury, death, repatriation, and loss or theft of personal belongings.The Travel Agency does not take responsibility  should the Client opt not take out travel Insurance.

    2. Insurance Responsibility

      • The Client is responsible for arranging their travel insurance and ensuring it meets their needs.

FORCE MAJEURE

    1. If either Party is prevented, restricted, hindered or delayed, whether directly or indirectly, from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, natural disasters, floods, disease, epidemic, pandemic, quarantines, Acts of State and acts of God), the Party so affected shall be relieved of its obligations hereunder during such period that the force majeure occurrence continues and shall not be liable for any delay or failure in the performance of any of its obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure on the part of the affected Party to perform, provided that written notice of the inability to perform shall be given by the affected Party within 48 (forty eight) hours of the occurrence constituting force majeure.

    2. The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.

Liability and Indemnity

    1.  Third-Party Liability

      • The Agency acts as an agent for the Service Providers and is not liable for any loss, damage, injury, or death resulting from the acts or omissions of these Service Providers.

    2. Exclusion of Liability

      • Force majeure / vis maior - The Agency is not liable for any delays, cancellations, or disruptions caused by circumstances beyond its control, including but not limited to natural disasters, strikes, civil unrest, or pandemics.

      • The Agency’s liability is limited to the total amount paid by the Client for the booking.

    3.  Indemnity

      • The Client agrees to indemnify and hold the Agency harmless against any claims, damages, or expenses arising from the Client’s use of the Agency’s services.

 Special Requests

    1. Special Requests

      • The Agency will attempt to accommodate special requests (e.g., dietary requirements, room preferences) but cannot guarantee that all requests will be met.

      • Special requests must be communicated at the time of booking and are subject to availability and the terms of the Service Providers.

Complaints

    1. Complaint Procedure

      • Any complaints must be reported to the Agency as soon as possible during the trip to allow the Agency to address the issue.

      • If the issue is not resolved during the trip, the Client must submit a written complaint to the Agency within 4 days of the trip’s conclusion.

    2. Resolution of Complaints

      • The Agency will investigate all complaints and aim to resolve them in a fair and timely manner.

      • The Agency’s decision on the resolution of complaints is final.

Governing Law

    1. Jurisdiction

      • These Terms are governed by the laws of South Africa.

      • Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the South African courts.

Amendments

    1. Right to Amend

      • The Agency reserves the right to amend these Terms at any time. Any amendments will be effective immediately upon posting on the Agency’s website or otherwise notifying the Client.

    2. Acceptance of Amendments

      • Continued use of the Agency’s services after any amendments constitutes acceptance of the revised Terms.

Privacy Policy

    1. Personal Information

      • The Agency collects and processes personal information in accordance with its Privacy Policy, which is available on the Agency’s website.

      • By booking with the Agency, the Client consents to the collection and use of their personal information as described in the Privacy Policy.

General Provisions

    1. Severability

      • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

    2. Entire Agreement

      • These Terms, together with any specific booking terms agreed upon, constitute the entire agreement between the Client and the Agency.

    3. Waiver

      • No waiver by the Agency of any breach or default under these Terms will be deemed a waiver of any preceding or subsequent breach or default.