TERMS AND CONDITIONS

1. APPLICATION

The Customer agrees that no indulgence whatsoever by the Company shall constitute a waiver in respect of any of its rights under this agreement and under no circumstances will the Company be prevented from exercising any of its rights in terms of this agreement.

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.

2. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be deemed to have been concluded in Johannesburg, 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 Johannesburg in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that Nano Travel at its instance will have the discretion to sue in the High Court if it is deemed 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.

3. BOOKINGS

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.

4. TOUR PRICE, DEPOSIT AND PAYMENT

A booking is considered confirmed when Nano Travel sends written confirmation to the client confirming the booking. Invoices are issued on booking confirmation; 50% payment is required at 60 days prior to departure and 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.

While Nano Travel has utilized its best endeavors to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Nano Travel’s reasonable control, in which event Nano Travel shall utilize its best efforts to notify the clients of such changes as soon as possible.

The tour price 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 to increases the relevant prices/charges/tariffs to account for such increases and/or fluctuations. The client will be notified of such increase and/or fluctuation as soon as possible and only if possible, do its best to obtain the client’s authorization before commencing with the final booking of such trip.

Although the Company takes care to ensure that all information on their website and or price brochures and/or quotations are correct, it will not be bound to any price that contains an inadvertent and/or obvious error. If a mistake occurs in any advertisement, the Company undertakes to take all reasonable steps to inform the customer of the correct details. All prices are quoted in South African Rand (ZAR) currency. If a customer pays using a non-ZAR currency, the amount debited to the customer’s account will be as close to the advertised price as possible.

Electronic Transfer: Proof of the transfer with a bank stamp must be faxed or emailed to our office (info@nanotravel.co.za) as proof of payment. All transfer / bank fees are the responsibility of the client. Nano Travel must receive the full total due into the bank account.

Credit Card: If Nano Travel accepts payment by Credit Card, a 5%administration fee will be added to the total tour fare for which payment is being made.

5. CANCELLATIONS

Cancellation of a scheduled tour booking must be made in writing and is not effective until such written cancellation is received and acknowledged by Nano Travel. Cancellation fees are applied to the tour price, activity package and pre/post tour services.

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 hospitalization), 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: 80% of the tour price is held as cancellation

– 0 – 09 Days: 100% of the tour price is held as cancellation

The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.

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 (which includes for the avoidance of doubt, the non-refundable deposit) 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.

6. AMENDMENTS TO BOOKINGS

If the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not be entitled to any refunds or rebates whatsoever from the Company.

7. 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 loss or damage to any client’s luggage arising due to circumstances beyond the reasonable control of the company.

8. INSURANCE

Comprehensive travel and cancellation insurance are 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 the 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 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.

9. BAGGAGE

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 effect, howsoever arising.

10. HEALTH

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.

11. 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 behavior 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 herein in such circumstances.

The Company shall not be liable for any costs and/or expenses for the client resulting for 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.

12. MARKETING

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.

13. UNFORESEEN CIRCUMSTANCES

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.

14. TRAVEL DOCUMENTS

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.

15. INDEMNIFICATION AND EXCLUSION OF LIABILITY

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 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 director, officers, employees, representatives and agents from any and all such liability.

The client furthermore indemnifies and holds the Company and its respective directors, officers, employees, representatives and agents harmless from and against any and 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 other such 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.

16. ACCURACY

We endeavor to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

17. SPECIAL REQUESTS

Any special requests must be advised to us at the time of booking e.g. diet, room location, room type i.e. twin/double, a particular facility at a hotel etc. i.e. swimming pool, gym, etc. You also need to confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation itinerary or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part and we do not accept bookings that are conditional upon any special request being met.

18. ACKNOWLEDGEMENT OF RISK

Some of the tours supplied by us have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ’package’ holidays.

All bookings are accepted on the understanding that you appreciate such risks and hazards and that you undertake all tours at your own volition. For group tours, the specific itinerary, inclusions and additional information related to a holiday is detailed in the tour specific trip notes. The trip notes are the singular document that accounts for what will be provided on the holiday. For tailored arrangements, the specific itinerary, inclusions and additional information related to a holiday are detailed in the final PDF copy of your holiday itinerary.

 Itineraries should be seen as statements of intent, rather than as contractual obligations. A variety of factors, including weather, transport difficulties and political instability, might require changes in any itinerary. The tour leader will make any changes that are necessary. Only rarely will such changes be significant, and every reasonable effort will be made to minimize the effects of the enforced changes. No liability can be accepted for the results of changes or delays, irrespective of how they are caused.

Travel insurers may not cover specific activities within their standard insurance policies. It is your responsibility to check your insurer policy inclusions and you accept full responsibility for obtaining full comprehensive travel insurance for all activities as outlined with in our documentation or for any service you may arrange locally whilst on holiday with us.

19. CONDITIONS OF SUPPLIERS

Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you.