TERMS & CONDITIONS

1. DEFINITIONS

1.1. “KAYA AFRICA” refers to: Kaya Africa Travel (Pty) Ltd.

1.2. “Travellers” refers to: Individuals, groups, companies, or other legal persons using the services offered by Kaya Africa Travel (Pty) Ltd.

1.3. “Holiday” refers to: Holiday Package which can include accommodations and/or activities and/or rental cars and/or charter, domestic or national flights constituted in the services we offer.

1.4. “Holiday Services” refers to: Our service in providing a Holiday.

2. THE CONTRACT BETWEEN US

2.1. Kaya Africa Travel (Pty) Ltd Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.

2.2. The contract between us comes into existence when we send our booking confirmation and the deposit invoice to you. You will have undertaken to pay for your booking, and we will have undertaken to provide you with the Holiday we describe in the booking confirmation sent to you.

2.3. When you make a booking with us, you have the benefit of our full compliance with the law.

2.4. For you to make a booking, we require a written confirmation via e-mail and your deposit. Our booking confirmation and deposit invoice will be sent to you via e-mail.

2.5. The information and prices are subject to change until booking confirmation.

2.6. The traveller has the obligation to send a full list of full names, birth dates, nationalities, flight details, and any further information that might be required to book the services.

2.7. Should you require KAYA AFRICA to book any national/domestic and charter flights, the airfare price is only guaranteed once full payment has reflected into our business bank account.

2.8. When booking a flight with KAYA AFRICA as mentioned in 2.7. the terms and conditions of the airlines apply which include the requirement of all passengers’ passports, the full names of the passports printed on the passports and the regulations of luggage and COVID regulations. KAYA AFRICA does not take any responsibility for incorrect information submitted by yourself.

3. TRAVELLER AUTHORITY

3.1. The person who makes the booking or whom any service is rendered, is deemed to have read, and accepted the terms and conditions.

3.2. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other persons to enter the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those persons, with these contract terms.

3.3. It is your responsibility to ensure that all the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.

3.4. As lead member of your party, we will deal only with you in our correspondence.

4. INCLUSIONS IN THE PRICE OF KAYA AFRICA

4.1. Travel package (Meet & Greet, printed travel documents if applicable);

4.2. Travel documents send via e-mail;

4.3. accommodations and meals as stated as included on the booking confirmation;

4.4. the rental car/s if stated as included on the booking confirmation;

4.5. all activities which are stated as included on the booking confirmation;

4.6. all charter flights which are stated as included on the booking confirmation.

5. EXCLUSIONS IN THE PRICE OF KAYA AFRICA

5.1. return flights to the holiday destinations;

5.2. all other costs incurred before the first service provided by Kaya Africa Travel (Pty) Ltd;

5.3. travel insurance or any other insurance personal to you;

5.4. passport and visa costs;

5.5. vaccinations and medication, before, during and after the Holiday;

5.6. food and drink over and above what we include in the Holiday;

5.7. gratuities you choose to give.

6. PAYMENT TERMS

6.1. When you make your booking, we shall ask you for a deposit of 25 % of the total cost within 3 days. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another KAYA AFRICA Holiday. The balance of 75% must be paid at 45 days before your first service booked with KAYA AFRICA. If the balance or deposit payment is not paid on time, we shall cancel your travel arrangements and retain your deposit.

6.2. For bookings that include services of certain suppliers which need more than 25% deposit for confirmation including but not limited to airline companies, certain lodges or luxury trains, different payment terms may be enforceable. These updated payment terms will be provided on booking.

6.3. Any booking made less than 45 days prior to first service must be accompanied by full payment at the time of making the booking.

6.4. We shall not change the price of your booking once we have accepted your booking accept if services are quoted in any currency other than South African Rand. This is the case in countries like Mozambique, Zimbabwe etc. The traveller will be responsible for any short payment resulting from exchange rate fluctuations. The exchange rate of the central bank applies.

6.5. Banking Fees resulting from international and national payments shall be paid and covered by the traveller.

7. METHOD OF PAYMENT

7.1. Payments may be deposited directly into our business bank account:

      Bank Name: First National Bank

      Account Holder: Kaya Africa Travel (Pty) Ltd

      Bank Account: 63000840355

      Branch Name: VINEYARD ROAD

      Bank Code: 204209

      Swift Code: FIRNZAJJ

or may be deposited directly into our PayPal account.

7.2. As mentioned in 6.5. all bank charges and fees are on the travellers’ account. Please ensure that your banker is instructed that the amount invoiced must be equivalent to the amount reflecting in the banking account of KAYA AFRICA.

8. TRAVEL DOCUMENTS

8.1. Travel documents will be sent via email to the traveller 30 days before the first service booked starts and only after the receipt of full payment by the traveller.

8.2. It is the travellers’ responsibility to check the travel documents when receiving them and inform KAYA AFRICA immediately if deviations occur.

9. MINIMUM NUMBER OF PARTICIPANTS

9.1. For some group activities or group tours we sell, a minimum number of participants are required for the service to go ahead. Therefore, we have a right to cancel any service for which there are insufficient reservations.

9.2. In the event of any such cancellation, all deposits or other payments made specifically to Kaya Africa Travel (Pty) Ltd will be refunded in full.

9.3. You agree that all these provisions are reasonable.

10. CHANGING OF BOOKING BY TRAVELLER

10.1. We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by e-mail.

10.2. A change will be subject to an administration charge of R 500 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.

10.3. Amendments and cancellations to your programme during the trip must be made with KAYA AFRICA directly and NOT directly with the service provider.

10.4. In case of a change or cancellation of your international/domestic flight booked by you, KAYA AFRICA does not take any responsibility of refunding the missed services. KAYA AFRICA will try to change any services which might be missed but cannot promise to succeed.

11. TRANSFERRING OF BOOKING

If you would like to transfer your booking from one person to another, the following terms apply:

11.1. The transferee must satisfy any special conditions or qualifications applicable to the Holiday.

11.2. You must inform us about your intention to transfer your booking to the transferee at least fourteen days before the first service booked through us via e-mail.

11.3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.

11.4. Our administration charge for a transfer made more than 30 days before the first service booked through us is R 1000. For transfer made within 14 days and 30 days before the first service booked through us the administration charge is R 1500.

11.5. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Holiday Service which you do not use.

12. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS

12.1. It is extremly important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection.

12.2. It is also extremely important that you obtain and carefully check requirements on COVID for all the countries you will visit and make sure that you fulfil all the requirements including but not limited to masks, COVID vaccinations, COVID tests. We do not accept any responsibility for any delay or problem which may occur in this connection. 

13. CANCELLATION OF BOOKING BY YOU

13.1. If you or a member of your party needs to cancel your booking, you must tell us by e-mail. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable.

We therefore charge a rounded cancellation fee as follows:

13.2. All airfare bookings will be charged with 100% cancellation fees.

13.3. In case that the deposit has not been paid yet, the deposit needs to be paid immediately into the account of Kaya Africa Travel (Pty) Ltd and serves as cancellation fee.

13.4. If you or a member of your party cancels your booking due to an uncontrollable event affecting the Holiday, then we shall not charge any cancellation fee as set out in last previous paragraph. Other terms set out in this paragraph shall apply as is.

13.5. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Kaya Africa Travel (Pty) Ltd Holiday you choose. But whether we do so is in our discretion, for which we do not have to give a reason.

13.6. In any of the above circumstances, we will return any money due to you within 14 days.

Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.

14. CANCELLATION OR CHANGING YOUR HOLIDAY BY US

KAYA AFRICA makes every effort to adhere to the confirmed itinerary, however, we reserve the right to make changes to your travel arrangements should it become necessary. These circumstances include but are not limited to damage to the hotel, weather, shut down of a service provider etc.

In case this happens, the following terms apply:

14.1. We will always inform you as soon as possible about any change. If that happens you may:

14.1.1. accept the change; or

14.1.2. accept our offer of alternative travel arrangements of a comparable standard; or

14.1.3. cancel your booking, whereupon we will give you a full refund of all money paid.

14.2. We will not compensate you for minor changes outside our control. Examples are changes to accommodations which have shut down during the time of booking confirmation and the Holiday.

14.3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.

14.4. KAYA AFRICA serves solely as a tour operator and all services are carried out by third party service providers. Therefore, KAYA AFRICA will not accept any liability for the cancellation if the supplier cancels with us for whatsoever reason. In this case KAYA AFRICA will of course find a suitable alternative.

14.5. From time-to-time unforeseen price changes such as currency fluctuations, fuel surcharges, toll fees, government taxes or national park fees to name some of them, could occur and KAYA AFRICA will have the right to increase the Total price to you if necessary, even after the deposit invoice has been sent out to you.

15. COMPLAINTS

15.1. Your point of contact during and after the Holiday will be:

Kaya Africa Travel (Pty) Ltd, Sarah Scheimann / Owner,

Tel: +27 74 831 3844, sarah@kaya-africa.travel

15.2. If you have a problem during your Holiday, it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem – for your benefit and ours. If that happens, you may lose your right to compensation.

15.3. If you feel our representative has not resolved to your problem, please write to us within 21 days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.

16. LIMITATIONS ON OUR LIABILITY

16.1. We want you to enjoy a perfect holiday with Kaya Africa Travel (Pty) Ltd. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.

16.2. If we fail to provide the Holiday set out on our booking confirmation and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:

16.2.1. your own carelessness or negligence in any aspect of your behaviour whilst on Holiday;

16.2.2. medical emergencies;

16.2.3. laws, culture and standards of service and behaviour in any country you may visit;

16.2.4. changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

16.2.5. some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

16.2.6. any other unusual and unforeseeable circumstances beyond our control;

16.2.7. a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented.

16.3. The services and features included in your booking are those specified in our booking confirmation. If you choose to buy other goods or services during your Holiday, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly, we are not liable to you for any happening in connection with that service or goods.

16.4. It is a condition of this contract that you take out a policy of travel insurance for every trip. You alone are fully responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.

16.5. On the Holiday, you may have close contact with wild animals. It is the duty of rangers and guides to ensure that you are fully briefed accordingly before departing on a safari drive or bush walk. Neither Kaya Africa Travel nor their employees can be held responsible for any injury or accident while on safari.

17. TERMS & CONDITIONS OF THIRD PARTY PROVIDERS

17.1. The services we provide, are executed by third party providers and not directly by us. Each of these service providers has its own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.

17.2. Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

18. MISCELLANEOUS MATTERS

18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

18.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

18.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

18.5. For the purposes of the Protection of Personal Information 2013, each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other [and/or any agent or third party nominated by that other] [and bound by a duty of confidentiality].

18.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

18.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

18.8. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by fastmail delivery or recorded delivery or by e-mail.

It shall be deemed to have been delivered;

18.8.1. if delivered by hand: on the day of delivery;