Booking Terms & Conditions
By making a travel booking, you will be entering into a contract with AATS Tours CC trading as Ashworth Africa Luxury Tours & Safaris – “the Company” – which is registered in South Africa under company number CK 2006/184365/23. The following conditions, together with the relevant information set out in this website, will form your contract with the Company. Please read them carefully before you book. The contract will be governed by the laws of Republic of South Africa and any dispute shall be dealt with in the Courts of Republic of South Africa. The booking terms and conditions apply as shown.
1. 1. BOOKING YOUR TRIP
a. Our aim is to provide exactly the right travel arrangements to suit your requirements. You may email us at info@ashworthafrica.com and we will tailor make an itinerary for you and provide you with a price per person,
b. By paying us, you and all people travelling are agreeing to be bound by our full terms and conditions as described in here.
c. By processing your payment, we agree to accept your booking and a contract between us comes into force. A booking receipt (or confirmation invoice) will be issued to confirm receipt of payment.
d. The person named on the quotation is responsible for the total price of the trip and for accepting our terms and conditions on behalf of all people travelling.
e. The deposit required to book your trip is shown on your quotation. The deposit will normally be 25% of the total price, but may vary up to the full cost of the trip, depending upon the date of travel and the terms of our suppliers. Occasionally an additional deposit may be requested after booking in order to secure a booking.
f. .Your final balance will be due two calendar months prior to departure. Trips booked within two months of travel require full payment at the time of booking.
g. Payments can be made by bank transfer or by credit card.
h. As soon as the booking is made, we will start the process of confirming the trip. Once all arrangements have been confirmed and we have received your deposit, we will issue a confirmation invoice, along with a detailed itinerary.
i. If we are unable to confirm all the arrangements we will discuss the alternatives and re-quote you if necessary. If the alternatives are significant, you will be offered an alternative or a full refund without any cancellation charges.
j. Special Requests, such as diet, room location, twin or double bedded room etc should be indicated in writing to us. We will pass your request on to the hotel or other service provider but cannot guarantee that it will be accommodated. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
k. A contract will come into existence on the date on which we issue a Deposit Invoice. When you make a booking you are confirming that you are at least 18 years of age and that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party. All contracts with the Company are subject to these booking conditions.
l. It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately. Any balance payable is due two calendar months before travel. If it is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.
2. AMENDMENTS & CANCELLATION
a. Amendments by you:
b. The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be made as soon as possible by the person who made the original booking. If it is possible to make the amendment, it will be subject to an amendment charge of USD$50 per booking plus any fees charged by our suppliers, together with all communication charges or other expenses incurred by the Company as a result of the change. Please note that except for the transfer of a booking (see below), it will not be possible to make changes within 28 days of your travel date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause (b) below will apply dependent upon the conditions imposed by our suppliers.
If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, or the death or serious illness of a close family member, it may be possible to transfer your booking to a person named by you and acceptable to the Company provided that:
i. if you request a transfer in writing, you must allow reasonable time for the changes to be communicated to, and accepted by, our suppliers;
ii. your request is accompanied by documentary proof of the reason for the transfer, full details of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below);
iii. your replacement agrees to be bound by these booking conditions. The administration fee will be US$50 per person. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your trip.
c. Cancellation by you:
All cancellations must be advised in writing and sent to the Company at info@ashworthafrica.com. Cancellations are effective on the day they are received by the Company. As we incur cancellation costs from the time you make your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling (unless reducing the party size increases the per person cost for those not cancelling) excluding late booking and amendment fees. Late booking and amendment fees are not refundable in the event of cancellation. The following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation:
Cancellation charges: Up to 60 days before trip start date – 25% of tour price. Within 60 days of trip start date – 100% of tour price.
d. If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
i. all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable.
ii. you sign an authorisation to transfer the trip into another name.
iii. the transferee accepts these terms and conditions.
iv. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result, together with an amendment fee of US$75 must be paid. Any overdue balance payment must also be received.
It is a condition of booking with Ashworth Africa that you purchase comprehensive travel insurance policy to cover you before, during and after your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.
e. Accuracy of information:
We check the information which we provide about our travel arrangements very carefully. However, tours, excursions or other itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
f. Amendments by the Company:
Great care is taken to ensure that the description and any prices given on our website are accurate. However, changes can occur, and the Company reserves the right to change any of the details, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all packages as advertised. However, we plan arrangements a long time in advance of your trip using independent suppliers such as hotels, local transport operators and guides, over whom we have no direct control.
The Company may have to modify a trip before you travel. Most of these changes are minor. However, if we consider them a major change we will notify you as soon as reasonably practicable. A major change includes a change of destination or a change to a lower standard accommodation, and/or price. In the case of a major change before your departure we will provide you with alternatives, depending on availability. You may accept the modification, you may change your booking to another available and comparable trip, or you may cancel and receive a full and prompt refund.
g. Force majeure means unusual and unforeseeable circumstances beyond the Company’s control or the control of our suppliers, the consequence of which neither the Company nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. If there is a minor change before you depart (that is, any change not included in the definition of a major change set out above), the Company will notify you, although it is not obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure) or, alternatively, you will be returned to your point of arrival and the Company will, where appropriate, pay compensation. No compensation is payable in the case of force majeure.
h. Cancellation by the Company:
We reserve the right in any circumstances to cancel your trip for any reason. If you fail to pay the balance of the trip price at least 2 calendar months before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out above. If the Company is obliged to cancel your holiday in any other circumstances before you travel, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid.
3. PRICE POLICY
a. The Company reserves the right to notify you of an increase in the advertised price after accepting your booking. The price of your travel arrangements can be varied after booking due to changes in transportation costs and, exchange rates, meaning that the price of your travel arrangements may change after you have booked. Government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation may also vary the price after you have booked. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges, will be absorbed or retained. You will be charged for the amount over and above the 2% increase. We will notify you of any increase no later than 30 days before travel. If you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
4. RESPONSIBILITIES OF THE COMPANY
a. a.The Company makes all reasonable checks to ensure that those involved in the preparation and provision of your trip maintain the appropriate standards.
b. Any tickets or vouchers issued by the Company to you are subject to the Supplier’s terms and conditions.
c. Participation in any travel arrangements arranged by Ashworth Africa and provided by any of its suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.
d. You indemnify Ashworth Africa and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms and Conditions.
e. The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against Ashworth Africa for any form of compensation for damages which they may suffer due to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at any time after the tour.
f. Ashworth Africa acts solely in the capacity of an agent for third parties and as such Ashworth Africa holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/delay/damages/ dissatisfaction caused by third party products and services. Ashworth Africa shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case of a defective product, it is unreasonable to expect Ashworth Africa to have discovered the product failure having regard to Ashworth Africa’s role in arranging access to the third party products and services on behalf of the Client
5. YOUR RESPONSIBILITIES
a. Before making a booking, we advise you to check advice issued by your local Foreign Office on your preferred destination.
b. General information concerning passport, visa and health requirements will be advised by us. However, such requirements are subject to change and you must double check current requirements before departure. You will need a full 10 year passport to travel which is valid for six months after the date of your return and has multiple blank pages for immigration stamps. Some destinations also require visas and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take prior to departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, heath certificates and international driving licenses, to ensure that these are in proper order and to take them with you. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the trip as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements.
c. The Company cannot accept responsibility and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
d. If you lose any personal items whilst on holiday, please obtain a written report from the local police, to help with any insurance claim upon your return.
6. INSURANCE
a. It is a condition of booking with Ashworth Africa that you and all members of your party have travel insurance and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. If you suffer from a disability or medical condition you should disclose this to insurers. For those who participate in sports and activities while on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to undertake any dangerous or sports activities. Please keep your insurance details with you while on holiday. Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.
7. EXCURSIONS
a. a.Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions.
8. DATA PROTECTION
a. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. You are entitled to a copy of your information held by us. If you would like to see this please contact the Company.
b. The information you are required to provide may include credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory and business requirements this information will be securely deleted as soon as it is no longer required.
9. ILLNESS AND DISABILITY
a. If you or any member of your party suffers from a disability or other medical condition, please tell us before you book. The Company is happy to give you advice and to try to assist you in choosing a trip that will meet your requirements. However, most of our trips are to destinations which are off the beaten track and lack even the simplest facilities for disabled guests such as ramps for wheelchairs, lifts and so on. Many of our trips require a fair degree of physical fitness. Medical facilities may not be readily available. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure.
10. IF YOU HAVE A PROBLEM WHILE TRAVELLING
a. If you are unhappy with any aspect of the Company’s arrangements while you are travelling, you must address your complaint immediately to the Company’s local representative (or, if none, to the Company) and to the management of the hotel or other supplier whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action while travelling, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.
11. DESCRIPTIONS
a. Every effort is made to ensure that the details, description and prices contained on this website and/ or advised to you via email or telephonically are correct based on information passed to the Company by its suppliers. However changes do occur, sometimes at short notice and therefore the Company will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for the Company to control all elements of your trip whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works etc
