| 1. Bookings |
| 1.1 In writing |
| 1.1.1 |
Terms and conditions as contained in each booking form must be accepted by and on behalf of each member of the party. |
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| 1.1.2 |
Should the booking be made via a travel agent all communications between SA Backpackers.Com (SABP) and a customer shall be made via the relevant travel agent. |
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| 1.1.3 |
An agreement in terms of the written booking form will only come into existence when SABP has signed the acceptance on the booking form. |
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| 1.2 Internet |
| 1.2.1 |
When booking via the internet, each and every field contained on the electronic booking form must be completed. |
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| 1.2.2 |
The terms and conditions contained on the Website must be accepted by and on behalf of each and every member of the party as named on the electronic booking form. |
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| 1.2.3 |
Should a booking have been made via a travel agent, any and all correspondence between SABP and the customer will be made via the relevant travel agent. |
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| 1.2.4 |
An agreement in terms of the booking will only come into existence once the requirements have been met and SABP have confirmed acceptance of the client's booking form via confirmation by e-mail. |
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| 2. Prices |
| 2.1 |
SABP reserves its right to alter any prices as published in the printed or electronic media prior to acceptance of a booking. |
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| 2.2 |
Please note that certain prices may be subject to change after confirmation of the booking but only to take into account changes beyond the control of SABP, including, but not limited to changes in exchange rate, surcharges and suppliers rates. |
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| 3. Payment |
| 3.1 |
Upon making a booking, either in writing or electronically, a deposit of 25% of the total tour fare is immediately payable. |
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| 3.2 |
This deposit will only be refundable should SABP not be able to accommodate the customer on the requested tour. |
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| 3.3 |
No booking shall be enforceable as against SABP until such time as the deposit mentioned above has been paid in full. |
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| 3.4 |
The balance of the tour fare must be paid to SABP by no later than 30days prior to the departure date. |
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| 3.5 |
Should payment in full not have reached SABP within the prescribed time, SABP will be entitled to treat the booking as being cancelled by the client and the relevant cancellation penalties will be applicable. |
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| 4. Cancellations by the Client |
| 4.1 |
Cancellation of a booking must be made in writing by the person who has submitted the booking form. |
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| 4.2 |
Cancellation will only be effective once that cancellation has been received by SABP. |
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| 4.3 The following penalties will apply upon cancellation: |
| 4.3.1 |
Cancellation 31days or more prior to departure - forfeiture of 25% deposit. |
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| 4.3.2 |
Cancellation 30 to 15days prior to departure - forfeiture of 50% of the total fare. |
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| 4.3.3 |
Cancellation 14 to 7 days prior to departure - forfeiture of 75% of the total fare. |
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| 4.3.4 |
Cancellation 6 days or less prior to departure - forfeiture of the total fare. |
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| 4.4 |
Unless a customer makes prior arrangement with SABP to partake in only a portion of the tour, failure to join a tour, joining a tour after departure or departing from a tour prior to its completion will not entitle the customer to any refund whatsoever. |
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| 4.5 |
Should a customer require to do only a part of the tour, this request must be made in writing to SABP at the time of booking and will only be deemed to have been consented to by SABP upon receipt by the customer of written confirmation. |
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| 5. Cancellations by SABP |
| 5.1 |
SABP reserves its rights in full and under any circumstances to cancel a tour. |
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| 5.2 |
Please note that all tours operate subject to a minimum number of participants, which number will be noted on the booking form. |
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| 5.3 |
Where a tour as booked cannot be provided by SABP, SABP will refund the customer all monies paid to it. |
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| 5.4 |
This refund shall constitute a discharge of any and all liability of SABP to the customer. |
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| 6. Alterations to Booking Conditions |
| No employee or representative of SABP has any right to alter, vary or waive any of these conditions, nor to undertake any liability on behalf of SABP unless such is in writing and signed by a member of SABP CC. |
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| 7. Alteration to Itineraries |
| 7.1 |
It is noted that SABP is acting as a booking agent and that any changes in itinerary will be a matter to be dealt with as between the tour operator and the customer. |
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| 7.2 |
SABP will carry no liability whatsoever regarding any alterations in itineraries, booking conditions or regarding any instance that occurs on or during a tour or vacation as booked by the customer. |
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| 8. Information |
| 8.1 |
Information given on SABP's website and brochures, leaflets and advertising is given in good faith by SABP and these are based on the latest information at the date of the publication. |
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| 8.2 |
SABP reserves the right to change any of the facilities or vehicles described on the website, brochure, leaflets and advertising without becoming liable for compensation or refund. |
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| 8.3 |
While every effort is made to keep to the prices advertised in the website, brochures, leaflets and advertising, SABP reserves the right to increase the tour fares due to any unforeseen increases or exchange rate fluctuation to which it may be subjected. |
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| 9. Jurisdiction and Law |
| This Contract and any subsequent Contracts amending the Contract shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of South Africa. The Courts having jurisdiction in respect of any dispute arising out of the said Contract shall be the appropriate Court in Cape Town. If any part, term or provision of this contract is held to be unenforceable, it shall not affect the validity or enforceability of the remainder of the contract. |
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| 10. Liability |
| 10.1 |
Customer bookings are accepted on the understanding that the customer appreciates the inherent possible risks undertaken in adventure travel and that any such trip is undertaken at the customers own risk. |
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| 10.2 |
SABP does not and cannot hold itself responsible for the death, injury or loss which might occur to customers sustained from any cause whatsoever during such a trip. |
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| 10.3 |
The customer and his or her dependants, heirs, executors, administrators or assigns hereby indemnify and hold harmless, SABP its members, employees, representatives, organizers agents and any agents and any parties giving assistance to any of the above parties from any claims of whatever nature and for any liability for delay, loss, damage, injury, illness or death arising from any cause whatsoever relating to or occurring during the tour. |
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