Nomad Adventure Tours and Holidays cc, registration number 2007/111212/23 (“the Company”)
• The terms and conditions contained in this document shall apply to the tour booking concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
• All references in these terms and conditions to “client” shall include references to an agent of the client, with such changes as the context may require.
APPLICABLE LAW AND JURISDICTION
• These terms and conditions shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.
• The client consents to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that Nomad at its instance will have the discretion to sue in the High Court if it deems it is appropriate.
• Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
• The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
• Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
• Please note that for single clients, the Single Supplement is compulsory on all accommodated tours.
TOUR PRICE AND PAYMENT
• While Nomad has utilized its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Nomad’s reasonable control, in which event Nomad shall utilize its best efforts to notify clients of such change as soon as possible.
• The tour price and Activity Package includes only those services/items that are included as per the itinerary and the tour dossier, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.
• The Company records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a particular country and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. The Company accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increases and/
• The tour price must be paid by not later than 30 days prior to the departure date for the tour, failing which the Company reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.
• In the event that the client makes a booking within 30 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full tour price upfront.
DEPOSIT AND INVOICING
A booking is considered confirmed when Nomad sends written confirmation to the agent confirming the booking. Invoices are issued on booking confirmation, 50% payment is required to confirm your booking. Full payment is due 30 days prior to the departure date.
If a booking is made within 60 days of the tour departure date, 50% payment is required on booking. If the booking is made within 30 days of the tour departure date, 100% payment is required on booking. Non-payment of stipulated percentage at time of confirmation, within 60 days of tour departure date, will result in the cancellation policy being applied.
Once a Tour Operating Agent confirms a booking they are fully responsible for the entire payment to Nomad Adventure Tours & Holidays CC.
Payment on monthly statement can be arranged for larger Tour Operating Agents. This indulgence may not be considered credit (payment in full must be made by the client to the agency before the guests depart on tour as the agency will be liable for the booking and payment thereof) and may be revoked at the discretion of Nomad Adventure Tours & Holidays CC with immediate effect.
When booking a tour that includes a Gorilla Trekking Permit, immediate payment for the permit is required in order to secure the trekking permit. This payment is non-refundable and is paid directly to the gorilla tour operators.
COST OF MAKING CHANGES TO THE HOLIDAY
The Tour Operating Agent should be aware that if a Client wishes to transfer from one tour to another, outside the 60-days prior to departure period, no fee applies.
Changing the date of a tour, within 60 days of departure, is subject to a fee of 15% of the tour price or ZAR 2 000, whichever is the higher of the two.
In the event that the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not entitled to any refunds or debates whatsoever from the Company.
Cancellation of Private Groups: Please refer to the cancellation conditions on the individual quotation contract.
Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Nomad Adventure Tours & Holidays CC.
No cancellation fee is applicable to tours cancelled more than 60 Days before Date of Departure.
Should a Client cancel a booking 60 days or less prior to the date of departure of the tour for any reason (except due to death or hospitalisation), the client shall be liable to pay a cancellation penalty. The cancellation penalty is calculated by having regard to the nature of the booking, length of notice of cancellation and reasonable potential to find alternative customers. Having regard to the aforementioned factors, the following percentages may be forfeited by the customer in respect of the arranged tour price due to a no-show based on the number of days between receipt of the cancellation notice and the date of the departure:
- >60 Days: No fee applies
- 30 – 60 Days: 50% of the tour price is held as cancellation
- 10 – 29 Days: 75% of the tour price is held as cancellation
- 0 – 9 Days: 90% of the tour price is held as cancellation
All cancellations need to be made in writing and confirmed by the Reservations Team by email. The above mentioned cancellation fees are applicable to any pre-booked or pre-paid Activity Packages which will also be charged if a tour is cancelled.
The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price to the client. It is recorded that refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.
The client acknowledges that the tour is subject to a minimum booking of 4 passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.
• 13 – 15 Years: Nomad will accept a maximum of two children between the ages of 13 to 15 years on any tour without requesting permission from agents or clients. If more children want to join a tour once the maximum has been reached, this will be allowed on a request basis only.
• 8 – 12 Years: Children between the ages of 8 – 12 years will be accepted to travel with Nomad on a request basis.
• 8 Years: No children under 8 years of age may travel on Nomad’s scheduled tours.
• Any traveler between the ages of 8 – 16 must be accompanied by a parent, unless specific authorization had been obtained from Nomad.
• 17 – 18 Years: Guests of this age may travel with us with a letter of permission from their guardian; they do not require a parent to travel with them.
• “On A Request Basis” means that Nomad will receive the child request from the agent and once Nomad has confirmed receipt of the child request with the agent in writing, all other agents who have guests booked on the specific departure will be contacted to request permission for the child / children to join the tour. The agents then have 48 hours to respond to the request. If no response is received from any agent, the child/children will be accepted onto the tour. If the response is negative, we will have a look at an alternative date or tour for the family.
PASSPORTS, VISAS AND OTHER TRAVEL PAPERS
• It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
• The Company shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.
• Comprehensive travel and cancellation insurance is mandatory on the tour. It is the client’s responsibility to ensure that he or she has such insurance in place (together with the required paperwork to prove such insurance) before embarking on the tour.
• Should the client be unable to present proof of such insurance to the Company (on request therefore by the Company), the Company may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cancellation penalty payments set out in these terms and conditions.
• The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation, and that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
• Each client undertaking a dive tour shall ensure that their insurance policy includes adequate diving cover. This policy must include multiple dives, over multiple days and will cover dives to depths of up to 30m, in line with the client’s diving certification. This diving insurance must cover air evacuation and hyperbaric treatment as well as any diving related injury, or injury incurred whilst undertaking an ocean activity.
• The Company shall not be liable for any loss or damage to diving equipment whilst on a diving tour.
• Should the Client be unable to present proof of adequate diving insurance, the Company may, in its sole discretion exclude the Client from diving activities on tour.
• The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
• The client shall be entitled to one bag of personal items and one diving equipment bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require a larger baggage allowance, this may be arranged with the Company against payment of a fee that the Company may levy in its sole discretion. Notwithstanding the aforegoing, the Company reserves the right to refuse excess baggage.
• Dive equipment shall be stored in alternative storage compartments on the vehicle and shall not include any items that require regular access aside from when undertaking diving activities.
• The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
• Passengers over the age of 60 take responsibility that they are fit enough to travel and may be asked to leave the tour if they are hindering the progress of the tour.
• The Client accepts that they must be “fit to dive” and as certified divers, it is not the responsibility of the Company to ascertain the Client’s medical fitness to dive.
• Should the Company become aware at any time of an existing medical condition that may be a counter indication to scuba diving, they reserve the right to prevent the Client from undertaking any diving activities on tour unless the Client is able to provide a medical clearance from a hyperbaric medical expert.
• It is the responsibility of the Client to remain aware at all times of the risks of diving and to ensure that they remain up to date on any new information relating to medical conditions and diving.
• he Client must provide evidence of their diving certification to a level of Advanced Open Water (or equivalent) as a minimum certification level required for these tours. The Client must ensure that they have their certification card with them on tour and can provide this as evidence of their certification at any time it is required.
• The Company shall not be responsible for the Client being prevented from diving for reasons of not being able to provide evidence of certification.
• The Client shall only dive to within their certification level. The Company does not accept liability for the Client breaking their certification limits.
• Dive schedules may from time to time change due to inclement weather or diving conditions. The Company accepts no liability for the cancellation or alteration of dives.
• The Company cannot guarantee that dive conditions will be optimal nor can it guarantee weather conditions.
• The Company will not accept liability for any injury or damage to persons or equipment as a result of boat journeys.
• The Client understands that sea sickness may occur on boat journeys. The Company shall not provide any medication and it is the responsibility of the Client to seek medical advise regarding appropriate seasickness medication and to bring such medication with them on tour.
• The Company shall provide Sardine Run dates within the time period that this event is known to occur. It cannot however guarantee that the event will be taking place at the time that the Client undertakes any Sardine Run tour. The Company shall not be liable for any refund should Clients on any Sardine Run itinerary fail to see the event.
• The Client understands that there are risks involved in scuba diving and that there is an element of personal risk. The Client further accepts that there are risks related to diving and interaction with sharks and accepts these risks by undertaking any dives where these animals may occur.
AUTHORITY ON TOUR
• The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
• In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the tour shall not be tolerated and that the Company, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
• The Company shall not be liable for any costs and/or expenses for the client resulting from exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
• The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use. The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/
or videos to the Company.
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
On booking, the client shall be issued with our tour dossier and pre-departure information documents. It is the responsibility of the client to read and understand these documents before travelling.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
• The client accepts that the tour is of an adventurous nature and involves an element of personal risk.
• The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising ( including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.
• The client furthermore indemnifies and holds the Company and its respective directors, offices, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.
The Supplier has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. The Supplier will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which The Supplier will use your personal information are as follows: to transact with you via the website or email regarding reservations, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
The Supplier shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on The Supplier; (b) to protect and defend the rights or property of The Supplier, and (c) for the purposes of distributing same to various employees and/or third parties who assist The Supplier in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
Whilst the supplier is of intent to take reasonable measures to keep personal information about you confidential, it shall however not be liable for any loss or damage, suffered as a result of the disclosure of such information beyond the reasonable control of the supplier.
The Supplier will:
• treat your personal information as strictly confidential;
• take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
IMAGE USE DISCLAIMER
All images used on this website are the property of Nomad Adventure Tours and may not be copied or used without permission.