Text Trading 162 (Pty) Ltd, trading as African Dream Holiday (hereinafter referred to as “ADH”), Registration Number 2007/009576/07

Please read the following booking conditions carefully, as they set out the terms and conditions that govern all dealings between yourself and the company. ADH act as booking agents for the suppliers of the component parts of the holiday that is arranged, and as such, bookings for their services will form a direct contract between you and the relevant supplier (‘the Principal'), and will be subject to that supplier's standard terms and conditions (‘the Principal's Conditions').

THE CLIENT AND AUTHORITY- The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client'

1. ADH acts as an agent/broker in packaging the tours and travel arrangements featured on the website, utilizing products of various travel Principals.
While ADH makes every effort:
To engage quality suppliers among the airlines, hotels, tour operators and other service providers to provide the travel products featured on the website and to ensure that the various services making up the tour will be carried out efficiently and as specified,

It does not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, injury, additions cost, accident, delay, irregularity that may be occasion by any error or default, act or omission of any supplier in carrying out the arrangements of any tour, or otherwise in connection therewith.

ADH also accepts no liability for changes, omissions or delays before or during the course of any published tour occasioned by technical difficulties, weather conditions, strikes, war or unrest, communication breakdowns, or events beyond the control of ADH. All expenses occasioned by such events, including but not limited to unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional air fares, telephone and meal costs etc, will be for the customers account.

If in the opinion of ADH, the fulfillment of any tour is considered impossible, illegal or inadvisable because of weather conditions, unrest, strikes, war and/or any other adverse factors, beyond ADH's control, ADH may at any time cancel such tour or what remains of it or make alterations to the route, accommodation, price and/or any other aspect thereof as it deems fit, and any losses and expenses resulting from such cancellation or alterations shall be for the account of the customer.

All reservations are subject to the Principals Conditions. ADH will provide on request, the identity of the Principal and the Principal's Conditions may include, but are not limited to, provisions regarding the cancellation fees, or amendment fees applicable to confirmed reservations, refunds/no refunds for no-shows/unused services; late booking fees; baggage allowances; confirmation of flights etc.

Should any travel arrangement be confirmed by ADH and this arrangement is cancelled by the Principal for whatsoever reason, then in such instances ADH will accept no liability for the cancellation thereof and your sole right of recourse will be against the Principal.

In the case of airlines, the general cancellation fee applicable to tickets issued, is 25% (twenty five percent), baggage allowance is on international and domestic flights (excluding charter flights) is typically 20kgs, extension of ticket validity is not permitted and the customer must reconfirm his/her flight within 72 hours prior to departure.

ADH will not be responsible for any charges that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected upon the customers return to their point of departure. All passengers will be required to sign the ADH Credit Card Authorisation form.

1.10 RESPONSIBILITY AND LIMITATION OF LIABILITY – The Proposed Travel Arrangements are made on the express condition that The Tour Operator its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of ADH whatsoever, unless such claim is due to the gross negligence of ADH and such claim is lodged in writing with the ADH within 10 days (Ten Days) after the end of the Booking. Such liability will be subject to a limitation of R5 000, 00 (Five Thousand Rand) per Booking. The Client indemnifies and holds harmless ADH, its employees and agents accordingly. ADH, its employees and agents shall further more not be liable for any indirect and/or consequential loss or damages whatsoever.

2.1 Credit Cards: In accordance with International Airline Travel Association, we need a signed and validated Standard Credit Charge Form. A signed and validated Standard Credit Card Charge Form (SCCCF) or payment through our Virtual Card Services system, are the only recognized forms of payment for credit card. If the card is a foreign credit card then you may be requested to supply various other details.

2.2 Cash or EFT Transfers: We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves. However such payment will only be verified once reflected as a credit on our bank account.

3.1 Prices quoted, are based on airfares (where included), transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, hotel prices, land costs and rates of exchange. ADH reserves the right to adjust package prices at the time of booking in accordance with increases for the above services.

3.2 ADH guarantees the price of land arrangements; only once full payment has been received.

3.3 Airfares are subject to the prices and conditions quoted by the particular airlines and cannot be guaranteed by ADH. The onus is on the passenger to check that there have been no changes in these prices before making final payment thereof.

3.4 All information contained in ADH's itineraries, and all prices are to the best of ADH's knowledge and believe true and correct, but ADH accepts no liability for any errors/inaccuracies contained therein.

3.5 Should the Client be a group booking and the group number deviate from the number required for the booking, the Principal may reserve the right to re-cost the price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal may cancelling the booking and retain any payment made (ADH will be entitled to retain any service fees charged)

4.1 On confirmation of the booking, the customer shall pay ADH a deposit of 30% of the total package price unless a higher amount is requested from the supplier. The balance owing on the invoice must be paid 8 weeks prior to departure. If your booking is made within 8 weeks of departure, the total cost of your package must be paid on confirmation of the booking.

4.2 Prices quoted do not include any items or services not specified in the package or the ADH's pro forma invoice. Typical items not included may be: airport taxes, costs of obtaining visas and passports, telephone calls, laundry, entertainment arrangements not shown in itinerary, meals and beverages and airfares ( unless otherwise specified), or any other item of a personal nature.

4.3 Documentation is only prepared on receipt of full and final payment and completed booking form and travel declaration, signed conditions of this contract. If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client's account or ADH may cancel the Booking.

4.4 Late Booking Fee & Communication Expenses (Telephone calls) in the event of a booking being made less than 7 days prior to the date of departure, ADH reserves the right to charge for any extra communication expenses. Full payment is due immediately on confirmation and is non-refundable on all late bookings. Some bookings require full payment at the time of booking i.e. prior to confirmation. If we are unable to secure confirmation you will be refunded in full.

4.5 Late payment may also result in cancellation of the reservation by the Principal. The Client undertakes to pay ADH interest at a rate of 5% above the prime rate charged by ADH's bank on any payment made after the due date.

5.1 ADH reserves the right to charge a booking fee/ and or handling fee which will be included in the total tour price.

5.2 In the event of the customers cancelling their reservation for any reason, such cancellation must be made in writing and in such instances cancellation charges will be levied in accordance with the maximum charges which can be imposed. ADH charges a cancellation fee equal to 10% of the package price on any finalized booking. However ADH reserves the right to charge a cancellation fee of up to 100% of the total package, in its sole discretion, in particular circumstances. Any monies, which you have already paid to us, will be taken by us as payment or part payment of any cancellation charges.

5.3 Where your booking includes a special fare, the relevant charges are levied by the airline. In some circumstances this may be 100% of the total fare, regardless of when cancellation is effected.

5.4 An administration fee of R200.00 per person will be charged for each amendment and / or cancellation. If amendments are received 8 weeks prior to departure, cancellation charges may also be levied. Administration charges will be levied on all documentation/vouchers submitted for re-issue or refund.

5.5 No refunds will be made under any circumstances. Refunds by the Principals will be subject to their terms and conditions.

6.1 A significant change to your travel arrangements would include international flight times that are changed by more than 12 hours, or a change to a lower standard of accommodation to that which is booked. In these instances of significant changes to your travel arrangements ADH undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.

6.2 Every effort is made by ADH to adhere to confirmed itineraries; however we reserve the right to make changes to your travel arrangements when it becomes necessary to do so. Travel arrangements are made in advance but due to the fact that ADH is reliant upon suppliers such as airlines, hotels and/ or other supply companies, changes to travel arrangements and cancellations thereof may occasionally become necessary.

6.3 The principals or ADH may reserve the right to cancel any tour before departure, in which event the entire amount received by ADH and the supplier will be refunded to the client without any obligation on the part of ADH.

6.4 BREAKAWAYS - While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client's account.

7.1 Amendments and all cancellations must be made with ADH. Please note that cancellations and amendments may incur additional fees. Any such amounts due as a result of amendments are payable directly to ADH.

7.2 Cancellation more than 8 weeks prior to departure, ADH will retain the full deposit, but any amount paid in excess thereof will be reimbursed to the client.

7.3 ADH reserves the right to cancel any reservation for which payment has not been made by the due date in which event; any deposit paid will be forfeited to ADH.

7.4 Less than 8 weeks, ADH will retain the full deposit and a cancellation fee equal to 50% of the land arrangements will be payable by the client.

7.5 Less than 30 days, ADH will retain the full deposit, and a cancellation fee of 80% of the land arrangements will be payable by the client.

7.6 Less than 14 days prior to departure, ADH will retain a 100% of the reservation, no monies will be due to the client.

8.1 In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of ADH, it is understood that the expenses relating to these unscheduled extensions, (hotel, accommodation etc,), will be for the account of the passenger, ADH accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like and it does not entitle you to a refund.

9.1 Flight timings are provided by the airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to change. There is no guarantee that flights, ferries, ships, trains or coaches will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations.

9.2 It is the clients responsibility to ensure reconfirmation of departure dates and times of all your flights at least 72 hours prior to departure. ADH hereby specifically excludes any liability for any delay and or loss as a result of your failure to reconfirm any flight and/or connecting flight.

10.1 The loss or theft of a ticket must be reported to ADH immediately. Certain airlines will not authorize ADH to issue a replacement ticket. In this instance you will be required to purchase a new ticket, at your own cost, until such a time that ADH receives authority from the airline to make any refund to you, which authority could take up to 12 months to receive. Should the airline authorize ADH to issue a replacement ticket ADH will do so and a re-issue fee, per ticket, will be for your own account.

10.2 It is your responsibility to report the lost or stolen ticket to the police and to provide ADH with the proof of such report if required.

10.3 Refund policies operated by the various airlines vary greatly. You must return your unused ticket to ADH who will present it to the relevant airline for assessment as to whether the airline will agree to issue a refund or not. Should a refund be authorized by the airline such refund will be made to you, less any cancellation or administration charges.

10.4 If payment for the ticket was made to ADH by credit card, the refund if granted, will be made to your credit card otherwise the refund will be made by EFT.

10.5 Any refund which is authorized for part used or return halves of tickets will be less than the pro rata rate on the face value of the ticket.

10.6 Refunds may take up to 12 weeks to process although this time frame cannot be guaranteed by ADH.

10.7 Tickets returned to ADH for a refund older than one year from the date of issue will be regarded as expired by the airline and have no refund value.

11.1 Documents (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price and signed conditions of contract (i.e. our booking form) and will be ready 24 hours after payment has been received.

11.2 Should you require your documents and air tickets to be forwarded to you this may be arranged. The courier costs in respect thereof will be for your own account.

11.3 It is important that you check all details of your travel documents before departure. ADH will not be responsible should the client not have the correct passport, visae, vaccinations, innoculations, prophylactic, for the duration of their holiday. If there are any inaccuracies on any of your travel documents, or should you have any further queries, you should contact African Dream Holidays immediately. ADH will not be liable for any delay and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof.

12.1 It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment.

12.2 ADH will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the consultant to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by ADH pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and ADH shall not be obliged to obtain separate cover for any risks so excluded.

12.3 Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer.

12.4 It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

12.5 Please note that various credit card companies offer limited levels of travel insurance, which ADH does not consider sufficient cover for international travel.

12.6 Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

It is the entirely the Client's duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.

Please check the requirements with ADH before travelling. ADH will endeavour to assist the Client but such assistance will be at ADH'S discretion and the Client acknowledges that in doing so, ADH is not assuming any obligation or liability and the Client indemnifies the ADH against any consequences of non-compliance.

It is the Client's duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.

Please note that all visitors to South Africa are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin.

Please ensure that all passports are renewed.
The client must ensure that the details supplied to the Travel Agent mirror those details shown on their passport for international travel and ID documents for local travel.

If travelers intend to drive a rental car, they should obtain an international driving permit. The traveler must also be in possession of his/her local driving licence and produce this at the car rental check-in counter and credit card which the payment was made.

Special requests must be made at the time of booking. ADH will endeavour to comply with the special requests, which will be for the cost of the traveler, but cannot guarantee that such requests will be met.

MALARIA AND OTHER TROPICAL DISEASES: WARNING

Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

14.1 In the event that you have any reason to complain, or experience any problems with your holiday, you must immediately inform ADH of the services in question. Any verbal notification must be put in writing and given to ADH as soon as possible.

14.2 Whilst every effort will be made by ADH to resolve your complaint to your satisfaction it is specifically recorded that ADH in no way accepts liability for any claim that you may have in respect of your complaint.

15.1 Renovations: Please be aware that hotels undergo renovations from time to time. Hotels take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work, dates may be provided, but it is important to remember that these are subject to change and we are not always notified.

15.2 Refunds and unused Services: No refunds will be made for any unused services.

15.3 ADH shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.

15.4 No indulgence, which ADH may grant to any party, shall constitute a waiver of any of the rights of the Company who shall not thereby be precluded from exercising any rights against the customer and/or the traveler which may have arisen in the past of which might arise in the future.

16.1 South African law and the jurisdiction of South African courts will govern the relationship between the Client and ADH. ADH shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

17.1 The Client agrees that he/she will at all times comply with the ADH's or other requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the tour.

18.1 The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.

If the Client requests or instructs the ADH to do bookings via the Internet, the Client irrevocably authorises the ADH to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.

20.1 The Client will be liable for all legal fees on an attorney and own client scale in the event that ADH has to engage a lawyer to enforce any of its rights or otherwise.

21.1 Subject to statutory constraints or compliance with an order of court, ADH undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

ENTIRE CONTRACT - The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of ADH or otherwise that is not included herein.

In terms of Section 11 (3) of the ECT (Electronic Communications and Transaction Act 25 of 2002) and the Common Law of Contract, these terms are valid and binding.