Payment, Terms and Conditions
Terms and Conditions for clients
When visiting or purchasing from this website, the Client accepts the following terms and conditions. Please read them carefully together with the Copyright & Disclaimer and Privacy Policy.
Tony Sparkes Wildlife & Photographic Safaris hereinafter referred to as ‘the Company’ accepts bookings subject to the terms and conditions outlined herein, which agreement shall be the whole agreement between the parties:
The person or organisation (hereafter referred to as “the Client”) who is named and identified on the booking form on behalf of persons participating on the tour/safari does so on behalf of all such persons on the tour/safari (hereafter referred to as “the tour”), and all are bound by the booking conditions. All bookings are made with A.J. Sparkes T/A Tony Sparkes Wildlife & Photographic Safaris. No person has any authority on the company’s behalf to vary the booking conditions of payment/acceptance of the booking.
This booking and subsequent contract and supporting documents shall be deemed to have been concluded in Kampersrus, South Africa and shall be governed by the laws of South Africa and shall be enforceable within the Republic of South Africa and its Courts.
The parties hereby consent to the jurisdiction of the Magistrates Court of South Africa in terms of the provisions of Section 45 of Act 32 of 1944 as amended, but it is specifically agreed that the Company at its instance will have the discretion to sue in the High Court if it deems it appropriate.
This website is created, maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.
The Company reserves the right to alter the published price of any tour due to increased tariffs, costs and entry fees or fluctuation of exchange rates, such amounts shall be determined at the sole discretion of the company.
The Company will not accept any booking where the booking or indemnity form is unsigned or incomplete in any respect.
The Company reserves the right to decline any booking without outlining its reasons therefore.
Deposits and Payments
The Company endeavors to provide accurate, up-to-date information on this site and prices quoted are based on costs at the time of quoting. All prices, services, and departures are subject to change without prior notice as a result of several factors including, but not restricted to, Government Tax increases that affect tourism-related services, currency adjustments, sales tax, reserve fee increases and any other external factors beyond the control of the Company, until such time as full payment has been received and final documentation has been issued.
The following payment terms apply to all the services of the Company :
- A deposit of 50% is required to secure a booking. Any variance to the deposit amount or payment date will be advised at the time of booking. Acceptance of the booking will be confirmed in writing at which time a contract comes into existence.
- The balance of the tour price is due 60 days prior to the tour departure date. If the full amount is not paid by 60 days prior to departure, the Company reserves the right to treat the booking as canceled.
- 100% full payment is required for any tours booked within 60 days or less of tour departure to secure a booking.
No booking shall be considered confirmed until confirmation documentation has been sent to the client and the full amount due has been paid.
The Company reserves the right to increase a quotation before receipt of the final payment should the supplier increase the prices, despite the quotation already having been issued. The updated prices will be posted to the website as soon as possible after notification. Should the Client have paid in full for the booking and there are increases that occur in pricing that the Company does not have control over, the Client will be liable for these increases and will be billed accordingly.
Clients are requested to settle payment by means of a bank transfer. From outside of South Africa the amount will be converted by the Clients bank on presentation of the invoice. It is the Client’s responsibility to inform and instruct their bank that the net invoice amount must equal the funds clearing into the Company bank account and that ALL bank charges are for the Client’s account.
Account Name: A J Sparkes T/A Tony Sparkes Wildlife and Photographic Safaris
Bank: First National Bank
Bank Address: Hoedspruit Shopping Centre,
Road R40,
Hoedspruit, 1380
Account number: 62758496311
Account type: Business
Branch code: 270652
SWIFT code: FIRNZAJJ
Please quote the invoice number and surname of the party as a reference when bank transfer payment is made. Proof of bank transfer payment must please be emailed to admin@tonysparkes.com
Terms and Conditions – Cancellations and Refund Policy
The following cancellation terms and conditions apply to all Tony Sparkes Wildlife & Photographic Safaris services:
Any cancellation must be done in writing to the Company by email to admin@tonysparkes.com and receipt thereof is acknowledged by the Company to be a valid cancellation.
The cancellation charges are expressed as a percentage of the total tour price and are as follows:
- Cancellations made more than 90 days prior to arrival date 25% of the total tour price
- Cancellations made within 75 days of arrival date 50% of total tour price
- Cancellations made within 60 days of arrival date 100% of total tour price
Tour invoices in South African Rands: If a tour is cancelled for any particular reason any refunds due to clients will only be made in South African Rands. If a foreign currency has been transferred to Tony Sparkes Wildlife and Photographic Safaris the company will not be responsible for any fluctuations in the exchange rate on the day of any refunds.
Credit Card Fees : If additional fees have been charged for payment by credit card these fees are not refundable.
Should the Client want to change the date of the service there could be a ‘Tour Change Fee’ which will be charged depending on the travel service booked and the date of the requested change. A tour price difference will be included in this tour date change if the new tour date is within the new travel year.
The Client will not be entitled to refunds for a ‘no show’ or for a partially used booking.
The Company cannot be held liable for any delays due to airlines not running to schedule or due to a change in schedule.
Sanparks – (South Africa Only)
With respect to cancellations and refunds for Sanparks accommodation, where accommodation is booked by the Company. The Company follows the strict policy of Sanparks with respect to cancellations and refunds for accommodation. Please go to the Sanparks website in this respect to ensure you are familiar with their policies and practices. The Company take no responsibility for Sanpark cancellations, modifications, or refunds.
Should any errors occur on our website, brochures or other advertising or marketing material with regard to pricing, the Company reserves the right to correct it as soon as it is brought to our attention and cannot be held bound thereby. The Company reserves the right to make changes to this site and this user agreement at any time without notice.
Terms and Conditions – Cancellation by the Company
The Company reserves the right to cancel reservations automatically should the deposit or balance of payment not be received on time.
Should the Company be forced to cancel a tour for any reason, all monies paid to the Company will be refunded. The Company shall not, however, be liable for any additional or incidental expenses incurred by persons associated with the tour or their agents e.g. airfares, hotel bookings etc. To avoid such expenses, the client will need to claim from their travel insurance to cover their costs.
Flexibility
The types of wildlife tours the Company offer requires flexibility and the Company must allow for alternatives on occasion. The itinerary prepared by the Company will be adhered to as far as possible but the Company reserve the right to make amendments in the interests of the group as a whole and the itinerary, amenities and mode of transport may be subject to alteration without prior notice due to local, unpredictable or unforeseen circumstances or events, such as severe weather conditions, etc.
Insurance – Terms and Conditions
It is mandatory that all persons participating in any of the tours are covered by insurance prior to departure.
The insurance must cover personal accident, medical expenses, loss of personal effects, repatriation costs, cancellation and curtailment expenses and all other expenses which might arise as a result of a loss, damage, injury, delay or inconvenience.
The Company strongly recommends that cancellation insurance is purchased at the time of reservation as protection in the unlikely event of a cancellation.
All luggage and personal effects are at all times the client’s responsibility and the Company does not accept any liability for any loss or damage of any personal effects, howsoever arising.
The nature of travel is sometimes adventurous and tours may involve some amount of personal risk, including injury, disease, loss or damage to property, inconvenience and discomfort. Neither the Company nor any person acting for, through or on behalf of the Company shall be liable for any loss or damage whatsoever arising from any cause whatsoever, whether occasioned by negligence or not.
Health
Prior to your travel to your chosen country of destination, please consult your medical practitioner for any necessary vaccinations, inoculations or medication.
Some itineraries include travel to areas where there is a chance of contracting malaria. Anti-malaria precautions should be commenced prior to departure and the Client is advised to consult their doctor for specific advice.
If the Client is suffering from any illness or disability, or are undergoing any medical treatment, this must be declared openly and honestly to the Company at the time of booking the tour. It is the Client’s responsibility to make arrangements for the provision of any medication or treatment whilst on a tour or safari.
Failing to declare any conditions, illnesses, disability or the like, will constitute a breach of these terms and conditions and can result in the Client being excluded from the booked tour without refund of any payment.
Participants are requested to advise the Company before departure of the tour of any special dietary requirements.
Guides and Authority on Tour
If the Company guide (Tony Sparkes) is unable to lead a tour due to illness or other reasons beyond our control the Company reserves the right to substitute with another guide.
The decisions of the guide on tour shall at all times be final and binding, i.e. due to weather and road conditions, safety precautions, etc
The client must at all times comply with the laws, customs and foreign exchange regulations of the country. Clients may not carry any unlawful articles or substances whilst traveling in the country in which the tour/safari is being undertaken. Should the client be in any contravention of the above or the client is a nuisance or does not behave in a responsible manner, the guide may order the client to leave the tour without any claim to a refund. The client shall be obliged to make their way home at their own expense.
Passport, Visas and other travel papers
The onus is upon persons participating on a tour to ensure that all passports, visas and any other documentation are valid for the countries visited and the expiry date of passports exceeds 6 months prior to departure from the countries visited.
Anyone travelling to Southern Africa must have two consecutive blank pages (visa pages not endorsement pages) in their passport which lie side by side when the passport is open (i.e. a left and a right-hand page). Passengers travelling to Southern Africa with passports which do not comply with these requirements, will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa. In addition, a parent travelling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified.
The Company cannot be held liable for any consequences, damages or claims if the client, prior to the commencement of the tour, does not correctly attend to the client’s documentation and related matters. No refunds due to incomplete travel documentation will be given or entertained.
Complaints and Dispute Resolution
Any complaints must be addressed in writing to Tony Sparkes Wildlife and Photographic Safaris via email to admin@tonysparkes.com.
The Company will aim to reply within 30 days of receipt of the complaint and will make every effort to resolve any dispute after investigation and this will be communicated back to the client as soon as possible. It cannot be guaranteed that any dispute will be resolved to the client’s satisfaction as resolution thereof may be beyond the control of Tony Sparkes Wildlife & Photographic Safaris.
Marketing
The Company reserves the right to use any photographs and videos taken by the Company during any tours and safaris for use in marketing or any other advertising material. The client hereby gives consent of such photographs and or videos to be used and for the Company to retain copyright over such photographs and videos.
Domicilium and Notices
The parties choose as their domicilium citandi et executandi for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purpose arising out of these terms and conditions and any ancillary documents, their addresses as follows:
Tony Sparkes Wildlife & Photographic Safaris
163 Escarpia Eco Estate
Kampersrus
1371
South Africa.
The Client – the physical address as provided on the booking form
Either party will be entitled to change its address from the above-mentioned as long as the same is done no later than 7 days before any such issue of process, or similar and same is done by written notice and so acknowledged by the other party receiving such notice.
Should anything further require clarification with respect to the above, please contact us through the normal channel used on this website.
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