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Terms and Conditions

 

TERMS AND GENERAL CONDITIONS eXplora expedition Pty
The main role of eXplora Expedition pty Ltd is to create customer-oriented expeditions and travels. Customers receive a detailed itinerary at the time of booking which includes accommodation and activity details. The services agreed with the customer will be provided, except in case of unforeseen circumstances, such as road closures, bad weather, problems and/or safety issues. In such cases the itinerary may be modified, at the discretion of the company and clients will be informed of alternative arrangements made based on the circumstances that will allow it.

eXplora Expedition pty Ltd will make every reasonable effort to ensure the same quality and character of the itinerary.

We highlight for clients who will travel to Africa, that they must consider and accept that conditions in Africa are not the same as those in developed countries. In Africa, we are exposed to changes without notice and sudden taxes such as those regulated by the government, or those of national parks. eXplora Expedition pty Ltd reserves the right to pass on these taxes and/or local fees to their customers.
TERMS AND CONDITIONS listed below

PRICE
Prices are based on costs at the time of publication. In creating desired expeditions and/or trips, we may use independent suppliers.
The price of your itinerary will be based on the costs agreed upon at the date of issuance of the itinerary.
We highlight for clients who will travel to Africa, that they must consider and accept that conditions in Africa are not the same as those in developed countries. In Africa, we are exposed to changes without notice and sudden taxes such as those regulated by the government, or those of national parks. eXplora Expedition pty Ltd reserves the right to pass on these taxes and/or local fees to their customers.
At any time before full payment has been made for your holiday eXplora Expedition pty Ltd reserves the right to impose a surcharge where costs have changed from the date of issuance of the itinerary. eXplora Expedition pty Ltd will absorb amounts up to 2% of the total price of holidays and surcharges any amount over 2%. If the surcharge exceeds 10% of the total price of holidays, you have the right to cancel the holiday and receive a full refund of all money paid. We reserve the right to make changes and correct errors in advertised prices at any time before your holiday is confirmed. We will inform you of any errors we are aware of and the price then applicable at the time of booking.

Prices generally include:

    • Park entrance fees (except in some areas where it will be specified);
    • Service charges;
    • Land transportation and airport transfers;
    • Accommodation as indicated;
    • Government taxes and fees;
    • Tour leaders and/or tour guides and/or drivers.
    • What is excluded from our price:

International flights;

    • Airport taxes;
    • Landing fees (for charter flights);
    • Telephony;
    • Visas;
    • Items of a personal nature;
    • Souvenirs;
    • Drinks with meals (unless expressly indicated in programs);
    • Meals (unless expressly indicated in programs);
    • Alcoholic beverages;
    • Laundry;
    • Travel and personal insurance;

Any expedition and travel or service not specifically mentioned as included in your itinerary.
In the event that an element is not specifically mentioned previously, it is automatically included in the list of exclusions.

PAYMENT TERMS
After booking you will receive an invoice from eXplora Expedition pty Ltd;
Upon receipt of the invoice, a non-refundable deposit of 30% of the total must be paid;
All deposits must be paid within 7 days of sending the travel participation form;
We will only consider the actual amount received by our bank account as paid, and all transfer costs must be paid by the customer;
The balance of payment must be paid at least 45 days before the start of the trip or expedition;
In the event that payment has not been received on time, we reserve the right to cancel all reservations.

PAYMENT METHOD
Payment can only be made by bank transfer, bank charges are entirely the responsibility of the Customer.

BOOKING CONDITIONS
Bookings should be made as early as possible to ensure the desired trip / expedition, itinerary and departure date.
Your contract is with eXplora expedition Pty LTD (hereinafter referred to as “we”). We draw your attention to the following terms and conditions, which cover all brochures and correspondence and all bookings made with us.
Each contract with us is subject to these terms and conditions from which no person, unless a director of eXplora expedition Pty, Ltd has the authority to modify them.
Before making a booking with us you must ensure that you have read and understood these booking conditions (collecting any questions to bring to our attention). By asking us to confirm your booking you risk being considered as having had the opportunity to do so and having done so before the contract between us is proven.

There is a binding contract between us when:

we receive a deposit, (generally), of 30% of the quoted price.
when we receive payment of the service balance when the booking is made less than 45 days before the departure date.
There will be no contract between the parties until such funds have been received.
We require full payment for your trip, 45 days before the departure date, unless specific conditions indicated in the stipulated contract. If full payment is not received 45 days before the departure date, we reserve the right to cancel your holiday and apply the cancellation charges referred to in the relevant section of the terms and conditions. The cancellation will be without penalty for us and we will have no further liability towards you.
The main booking name is responsible for full payment for all persons in the booking party and all those in the booking party agree to be bound by conditions (including anyone who has been added or replaced at a later stage). It is the responsibility of the main name of the booking the person responsible for the booking to ensure that all members of their group are aware of and have read these terms and conditions.
If you accept our quote regarding your holiday, you must make a payment of 30% of the total quote price within 7 days. A delay in accepting the quote may result in a price change.
If the proposed departure date is within 45 days of delivery of the quote, we require full payment upon written acceptance of the quote.
At the time of booking you will also need to give us information on the nationality and date of birth of each customer. We may also ask you to provide us with passport numbers and/or digitized copies of passport photo pages for all members of your group. It is your responsibility to ensure that you have the correct names, nationality and dates of birth for each customer traveling with you.
Confirmed travel and/or expeditions and itineraries cannot be transferred to any other date. You must check what is included in the price and inform us before booking if you disagree or if something is not clear. Subsequent complaints after booking will not be considered.

ITINERARY CHANGES AND COMMISSIONS
If you wish to modify your itinerary after a deposit has been made, we will do our best to make the necessary changes, provided that notification is received in writing.
The modification fee is 1800 ZAR per person in addition to any other fee such as cancellation penalties, fees applied to us by operators such as hotels or locals.
Any requests to modify your itinerary within 60 days of arrival date are subject to cancellation fees.
If you wish to modify your itinerary during the trip, eXplora Expedition Pty Ltd is not responsible for any additional expenses, nor will any refund be given for unused services.

CANCELLATIONS AND REFUNDS TO CUSTOMERS
In the event that you need to cancel your booking before departure, you must notify eXplora expedition Pty Ltd in writing. The effective date of cancellation will be that on which we receive written notification.
In all cases of cancellation, the deposit and any modification fees may be charged to the customer, as well as other expenses and any deposit already paid to hotels or local tour operators on your behalf.
Furthermore, cancellations are subject to a cancellation fee. Cancellation fees are expressed as a percentage of the final price, and quoted as follows:
Before 61 days from the trip start date: Loss of deposit paid for the trip/expedition;
Made from day 60 to day 31 before the trip start date: 50% of the total price of the trip/expedition;
Made from day 30 before the trip start date (as per program): 100% of the price of the trip/expedition.
We strongly encourage all our customers to take out travel insurance with cancellation coverage.
Failure to deliver the balance by the due date (usually 45 days before travel dates) will also be considered cancellation unless written notice of the delay is provided and our representative accepts the delay.
Issues affecting a surcharge include, but are not limited to, increases in transportation costs, for example fuel, local fares or supplements, or increases in park taxes, reserve fees or concession fees.
We do not give partial refunds for unused parts of your trip and/or expeditions, or if any part of the service or trip is not used. If a trip and/or expeditions must be cancelled, shortened or modified due to illness or injury, no refund will be issued for the unused service. In this case the customer must pay all additional costs.
In addition, unused parts of the trip and/or expeditions after departure are not subject to a refund. No refund will be paid if the customer wishes to interrupt the trip after departure or does not wish to use any service organized, booked and already paid for.

CANCELLATION BY EXPLORA EXPEDITION PTY LTD
We reserve the right in any circumstance to cancel your holiday for any reason at any time before full payment has been received. Although we always strive to avoid changes and cancellations, we must reserve the right to do so. In these circumstances all fees paid will be returned or we will offer, at your request, a voucher for an alternative holiday of a comparable or superior standard. Explora Expedition Pty Ltd. might also cancel the expedition or trip if the customer does not comply with the rules described in this section.

TERMS OF FORCE MAJEURE LIABILITY
We cannot accept responsibility or pay compensation when the timely performance of our contractual obligations is prevented, affected or suffers any damage or loss due to force majeure. Force majeure conditions means any event that we or the supplier of services in question could not even with all due care foresee or avoid. Such events may include, but are not limited to, war, threat of war, civil strife, riots, civil unrest/disorders, industrial disputes, actual or nuclear weather conditions, fire, outbreak of an epidemic or pandemic disease, technical problems with transport, cancellation or modification of any scheduled flight, closure or congestion of airports or ports, adverse weather conditions and all similar events beyond our control. In the circumstances described above, no economic refunds will be provided, Explora Expedition Pty Ltd. however will work to issue a voucher or relocate, if possible, the trip or expedition to a new date, this possibility will however be communicated to the customer via email.

REFUND TIMES
In the event that a refund is due, you will receive the agreed amount within 60 days, except in the case of force majeure.

MODIFICATION
All sums paid by customers are subject to refund less airfare cancellation fees and non-refundable deposits for parks, hotels and other services included in your itinerary, and all deposits already paid to hotels or local tour operators, as well as other services paid for on your behalf included in the itinerary.
For customers who will travel to Africa we inform that local conditions are not always predictable and from time to time delays and deviations from the planned route may prove necessary. We will do our best to please you and minimize inconvenience, but we cannot be responsible for matters clearly beyond our control. See the description of force majeure above for more information.
Most of these changes are minor and we will inform you of these in writing as soon as possible. When a significant change is necessary, such as the alteration of your outward or return flights by more than 12 hours or a significant change in the standard of accommodation, provided that it does not occur from conditions that amount to force majeure or following a change to a scheduled line, you will have the possibility to accept the new arrangements or cancel your holiday and receive a full refund of all funds paid. Compensation will not be due and no liability beyond offering the choices above can be accepted when we are forced to make a change or cancel due to unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided even with due care. No compensation will be due, and the options above will not be available if we cancel due to failure to comply with any requirement of these booking conditions that prompt us to cancel, or if the change is minor.
A minor change is a change that, taking into account the information you give us at the time of booking or that one can reasonably expect to know as a tour operator, we would not reasonably expect to have a significant effect on your confirmed holiday. No compensation is due for children under 2 years of age.
Please note that we cannot accept any responsibility for any damages, losses, expenses or other sums of any description, which:
based on the information provided to us by you regarding your booking before our acceptance, we could not have foreseen that you would suffer or incur in a case where we have breached our contract with you,
did not result from any breach of contract or any other fault by us or our employees, or where we are responsible for them our suppliers. Furthermore, we cannot accept responsibility for any sums that relate to any business losses.

LIABILITY
eXplora expedition Pty LTD and its collaborators act only as companions of the passenger in matters of travel and/or expedition, itineraries, hotel accommodations, transport in general, etc., and must not in any way be responsible for injuries, death, illness, delays, consequent disappearance of connection in ship, air or train, discomforts arising from unannounced alterations to ship, air or train schedules, weather conditions, loss or damage to personal property whether it be but not limited to, civil unrest or riots, acts of war, strikes or other labor activities, animals, any criminal or terrorist activity, or epidemics or pandemic outbreaks.
The company is also not responsible for any overbooking or downgrading of any service or accommodation, vehicle problems or other failure of any means of transport or failure of any transport resulting in delayed arrival or departure.
The company’s liability to passengers carried in their own vehicles is under the national law of the country in which the trip and/or expedition takes place. All claims are subject to the law of the courts of the country in which the action occurs. In the event of car breakdown or failure, a rescue vehicle will be provided and lost time will be compensated with an additional day or a refund based on the time lost.
eXplora expedition Pty Ltd reserves the right to engage independent suppliers or subcontractors for all or part of the organized services. Our brochure descriptions and other information provided or made available at a resort or hotel, often refer to “other activities and excursions”, which are available at the facility. These activities and excursions are not performed or controlled in any way by eXplora expedition Pty.Ltd. They are not part of your contract with eXplora expedition Pty Ltd, even when we suggest or recommend particular operators/centers/trips and assist you in booking such activities or excursions in any way. Consequently, eXplora expedition Pty Ltd is relieved from assuming any responsibility in relation to these external activities and excursions. If we take bookings for or from you for any activity or excursion available, we do so exclusively as booking referrers. This is the case regardless of whether the activity is advertised or mentioned in our brochure on our website or elsewhere. The contract for any such activity or excursion will be with the supplier or operator of such activity or excursion. eXplora expedition Pty Ltd has no responsibility for such activity or excursion or for acts or omissions of the supplier or operator or for it/their employees or agents or any other person connected to the activity or excursion. If we are held responsible in any regard for such activity or excursion, for example in our capacity as booking referrer, such liability is limited to the cost of the particular activity or excursion in question. We do not limit or exclude our liability for death or personal injury arising from our negligence.
The company cannot be responsible for loss of or damage to luggage or equipment carried during the tour.
eXplora expedition Pty Ltd cannot be responsible for any intentional or negligent act or inaction of any person or entity clearly not under their control, or of other subcontractors or third parties not under their control.
Please note that we are only responsible for services that have been organized, agreed and/or provided on your behalf. All services that you arrange yourself are outside our responsibility and liability. This includes, for example, any additional services or facilities, which your hotel or other provider agrees to provide for you when the services or facilities are not advertised in our brochure and we have not agreed to arrange them.
Some properties may experience occasional power outages or water shortages. Please note that we will not be responsible for any injury, illness, death, loss (e.g. loss of enjoyment), damage, expense, cost or other sum or claim of any description that arises from any of the following:
the fault of the affected persons or any member of their party;
fault of a third party not connected with the provision of your holiday, which we could not have foreseen or avoided;
an event or circumstances that we or the supplier of services in question could not have foreseen or avoided, even after taking all reasonable care (see force majeure);
fault of anyone who is not carrying out work for us (generally or in particular) at the time.
Furthermore we will not be responsible when you do not enjoy your holiday or you do not suffer problems because of a reason for which you did not tell us when you booked your holiday, or where any problems you have suffered did not arise from any breach of our contract, or from other faults of ourselves or where we have been responsible for them, of our suppliers or agents or in case of losses, expenses, costs or other sum suffered refer to any business activity.
eXplora expedition Pty Ltd cannot be responsible for any intentional or negligent act or inaction of any person or entity clearly not under their control, or of other subcontractors or third parties not under their control.
Please note that we are only responsible for services that have been organized, agreed and/or provided on your behalf. All services that you arrange yourself are outside our responsibility. This includes, for example, any additional services or facilities, which your hotel or other provider agrees to provide for you when the services or facilities are not advertised in our brochure and we have not agreed to arrange them.
We acknowledge responsibility for the negligent acts of our employees, agents and direct suppliers, resulting in death, injury or illness. Our liability is limited to 200% of the holiday price for any claim other than those involving injury or death arising from our negligence. Our suppliers, such as accommodation or transport providers, have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the suppliers’ liability to you. You can obtain copies of such conditions from any of the relevant suppliers’ offices. If you or a member of your group is killed, injured or becomes ill due to transport, ship, train or coach, the amount of compensation we will pay is limited in line with the Warsaw Convention, the Athens Convention, the Berne Convention and the Geneva Convention. You should also note that these conditions may limit or remove the carrier’s liability to you and the amount that the carrier has to pay.
You should also note that the carrier will rely on its conditions of carriage, which may limit or remove the carrier’s liability to you and limit compensation under international conventions. Explora Expedition Pty (Ltd) assumes responsibility as above only if a claim is notified to us in writing not later than one month after your return.

CARRIERS
Air transport is subject to the terms and conditions of the carriers with whom you are traveling and to international conventions. eXplora expedition Pty Ltd assumes no responsibility for cancellations, strikes, schedule changes, diversions, technical issues unrelated to eXplora expedition Pty, lost or missing baggage, rescheduling costs, missed accommodations or delays arising from any operational decision of the carrier concerned. eXplora expedition Pty Ltd assumes no responsibility for death, damage or illness arising from transportation by air or sea.

TRAVEL INSURANCE
All customers must keep in mind that safaris, adventure trips, and in particular any physical activity such as long distance trekking, scuba diving, climbing, involves a certain risk factor and intrinsic dangers.
We therefore advise that people not fit enough for such long, adventurous and rigorous trips due to chronic illness, heart disease, physical handicap, mental illness or advanced pregnancy should not participate in these travel programs.
eXplora expedition Pty Ltd also reserves the right to accept or maintain the participation of any person in a tour at any time, if we consider someone unsuitable for the trip. In this case we will refund a fair and reasonable amount.
Parts of the trip and/or expedition may be physically demanding with driving on dirty, dusty and rough roads, and/or high altitudes of almost 6,000 meters. Explora Expedition Pty Ltd must be informed in writing of any physical disability, allergy or medical condition requiring attention or treatment at the time of booking.
The customer accepts all possible dangers associated with such activities at their own risk. Possible risk factors and intrinsic dangers include, but are not limited to, the risks of climbing, mountain excursions (i.e. falling stones, rock slides, etc.), scuba diving, equipment failures, walking safaris, trail obstacles and all animal safari dangers, and difficulties in evacuation from remote locations in case of medical emergency and inaccessibility to medical care.
It is the customer’s responsibility to obtain adequate medical advice on medications, immunization and their own physical ability for such a trip before departure. We are not required to provide any medical assistance and our standard terms and conditions exclude liability for adequate medical assistance that may be provided.
Therefore we strongly advise you to arrange adequate insurance against every possible risk during the tour. Such travel insurance should cover medical expenses and repatriation, personal accidents, trip and/or expedition cancellation and any kind of loss. Make sure your insurance is aware of the type of trip and/or expedition you will undertake.
It is the customer’s responsibility to obtain adequate medical advice on medications, immunization and their own physical ability for such a trip before departure. We are not required to provide any medical assistance and our standard terms and conditions exclude liability for adequate medical assistance that may be provided.
By submitting the deposit each passenger indicated on the participation form (booking), certifies that they do not have any physical or other condition that would disrupt the trip and/or expedition. We ask that any customer with a medical condition that requires regular treatment or that could be affected by demanding activities such as heat, high altitude, cold, natural phenomenon or food inform Explora Expedition Pty Ltd in writing before departure.

DOCUMENTS
By submitting the deposit each customer indicates on the participation form (booking) and certifies that they do not have any physical or other condition that would disrupt the trip and/or expedition. We ask that any customer with a medical condition that requires regular treatment or that could be affected by demanding activities such as heat, high altitude, cold, natural phenomenon or food inform Explora Expedition Pty Ltd in writing before departure.
It is the customer’s responsibility to obtain adequate medical advice on medications, immunization and their own physical ability for such a trip before departure. We are not required to provide any medical assistance and our standard terms and conditions exclude liability for adequate medical assistance that may be provided.

COMPLAINTS
If you have a problem during your holiday, please inform your booking manager immediately and for the purpose they can fix things. If your problem cannot be resolved locally, you must email with all the details to Explora Expedition Pty Ltd in writing within 10 days of your return. If you do not follow this procedure, we will not charge ourselves with any responsibility as we have been deprived of the opportunity to investigate and resolve the problem.

COMPETENT COURT
The above booking terms and conditions together with all correspondence form part of your contract with eXplora expedition Pty Ltd, This contract and all matters arising from it are governed by and interpreted in accordance with South African laws and the courts of South Africa which have exclusive jurisdiction to hear any proceedings between us relating to our contract or arising from it.

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