Terms & Conditions

GENERAL TERMS AND CONDITIONS ("GENERAL CONDITIONS")

1. INTERPRETATION

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1. In these General Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

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• "Company" refers to Aphrike Pty Ltd t/a Hidden Gems Travel Co. having its registered office at 10 Seeking Drive, Hilton, 3245.
• "Client" refers to the person who books a tour, service, or activity with the Company and will participate in such tour, service, or activity.
• "Days" shall mean calendar days and all references to, and reckoning of, days, dates, and times shall be as applying in South Africa. The Company’s working hours are 08h00 to 16h30, Monday to Friday.
• "Email" shall mean any form of electronic messaging service where messages are reduced to a written, printable, format.
• "Form of Agreement" has the meaning given to it in Condition 1(b).
• "Special Conditions" refers to any special terms annexed to the Form of Agreement.
• "Service Provider" refers to any company or person contracted by the Company to provide any tour, accommodation, service, activity, or associated activity as part of the Client’s proposed itinerary.

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2. Documents comprising the contract:

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(i) The contract consists of the following documents: (i) the Company’s proforma invoice, email, or other document detailing the Company and the Client and the itinerary ("Form of Agreement"), (ii) the Special Conditions (if any), (iii) these General Conditions, and (iv) any other document annexed to the Form of Agreement ("Contract").

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(ii) In case of any ambiguity, inconsistency, or conflict between the provisions of any documents comprising the Contract, unless otherwise stated, the documents take precedence in the order set out above in Condition 1(b)(i).

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3. In these General Conditions:

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• "Person" includes an individual, government, state agency, corporation, body corporate, association, or partnership;
• Any gender includes all genders, and the singular includes the plural (and vice versa);
  
• A reference to a party includes its personal representatives, successors, or permitted assigns;
• Any words following "including" shall be interpreted without limitation to the generality of the preceding words;
• A statutory provision includes a reference to the statutory provision as modified or re-enacted from time to time and any subordinate legislation made or action taken under the statutory provision or such re-enactment;
• A reference to a Condition, unless the context otherwise requires, is a reference to a provision of these General Conditions, and headings are for convenience and do not affect the interpretation of any provisions of the General Conditions;
• A company includes any company, corporation, body corporate, or any other entity with a separate legal personality;
• These General Conditions shall not be interpreted against the party responsible for preparing and drafting them, meaning the contra proferentem rule shall not apply to the interpretation of these General Conditions.
• Signature shall include, in respect of Email, any form of authentication which reasonably shows authenticity of a message and shall include (until the contrary is proven) use of normal email addresses and telephone numbers. An advanced electronic signature shall not be required, and authenticity shall be presumed. In respect of any other written documents, facsimile and all documents may be signed in counterparts.
• The Contract shall be interpreted in accordance with the laws of the Republic of South Africa, which is the proper law for all purposes arising out of the business relationship between the Company and the Client.

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2. EXCLUSION OF LIABILITY, SUPPLIERS TERMS, AND RISK

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1. Exclusion of Liability

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1. The Company acts solely as a booking agent on behalf of the Client in procuring and compiling tour packages and associated services and activities, utilizing products and services of Service Providers. All activities, tours, accommodation, flights, and services listed in any proposed itinerary are conducted by Service Providers appointed by the Company. The Company will not be liable for any damages, injury, or loss sustained by the Client during or as a result of any act or omission (negligent or willful) by any of its Service Providers.

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2. The Company makes every effort to: (i) Engage quality Service Providers among airlines, hotels, tour operators, and other service providers to constitute the itinerary of the tour; (ii) Ensure the various services constituting
   

the tour package are carried out efficiently and as advertised. However, it does not have direct control over services provided by Service Providers and shall not be liable for any loss, damage, injury, additional costs, delay, or irregularity caused by an error, default, act, or omission of any Service Provider in carrying out the logistics of the tour package or associated services.

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3. The Company shall not be held liable for: (i) Any changes, omissions, or delays before, during, or after the course of the tour, service, or activity occasioned by technical difficulties, weather conditions, communication breakdown, or events beyond the Company's control; (ii) Any cancellation or curtailment of the tour, service, or activity due to the Client's personal circumstances; (iii) Changed circumstances and/or event expenses, including but not limited to unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional airfares, or any associated costs, which will be for the Client's own account.

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4. If, in the Company’s opinion, the fulfillment of the tour, service, or activity is considered impossible, illegal, or inadvisable due to weather conditions, unrest, strikes, war, or any other adverse factors beyond the Company's control, the Company may at any time cancel the tour package, service, or activity or alter the route, accommodation, price, or any other aspect thereof as deemed fit. Any losses and expenses resulting from such cancellation or alteration shall be for the Client's account.

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5. The Company will provide the identity of the Service Provider and the Service Provider's terms and conditions upon request.

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6. The Company will not be liable or responsible for any damages of any nature (including but not limited to personal injury, death, and/or damage to property) that the Client may sustain from any cause whatsoever and irrespective of whether or not such arose through the negligence of the Company.

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7. The Company does not act as a supplier or agent in respect of any insurance, health services, travel goods and merchandise, or any other professional or retail service (other than those of a Service Provider), and any advice or guidance given by the Company is merely guidance and does not constitute professional advice. Any reliance placed on such guidance is at the Client’s sole risk.

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8. The Client binds their dependents, heirs, trustees, executors, administrators, third parties, and/or assigns to the terms and conditions of these General Conditions and undertakes to indemnify, hold harmless, and expressly exempt the Company from any and all liabilities and/or claims (including but not limited to claims arising from personal injuries, death, loss of support, delay, theft, inconvenience, accident, loss, consequential loss, damage to property, medical expenses, funeral, and related expenses) arising
   

from any cause whatsoever by virtue of the Client's participation in the tour, service, or activity.

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9. The Client waives any and all liabilities and/or claims of any nature or cause, howsoever arising, which they or their dependents, heirs, trustees, executors, administrators, third parties, and/or assigns might have against the Company and releases the Company from any and all liability and/or claims that may arise or accrue to the Client, their dependents, heirs, trustees, executors, administrators, third parties, and/or assigns.

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10. Without derogating from the generality of these General Conditions, should the Company for any reason not be found protected by the contents of these General Conditions (in whole or in part) and found liable to the Client or any of their dependents, heirs, trustees, executors, administrators, third parties, and/or assigns for any loss or damage allegedly suffered, the Company's liability shall be limited to the actual proven and direct loss only, and such liability shall not exceed USD 10,000 (Ten Thousand US Dollars).

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11. The Company will not be responsible for any charges that appear on a Client's credit card not levied/effected directly by the Company and will not accept any responsibility for reversing or correcting these charges upon the Client's return to their country of departure/final destination.

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12. Reference in this part to the Company includes the owners, directors, members, employees, agents, servants, or contractors of the Company. None of whom shall be liable for any negligent act or omission giving rise to any claim by the Client, as specified in this part.

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3. PAYMENT TERMS AND ACCEPTANCE OF GENERAL CONDITIONS

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1. Any booking will only be confirmed on the Company's receipt of a Thirty Percent (30%) deposit (unless otherwise agreed in writing). Once a booking is confirmed in writing, all terms and conditions apply, and the Company’s cancellation policies will be in immediate effect.

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2. A pro-forma invoice issued by the Company serves as full confirmation of the booking.

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3. By confirming the booking, the Client confirms and acknowledges that all terms and conditions of the Company have been provided to and/or explained to and accepted by them.

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4. By confirming the booking, the Client confirms and acknowledges that they are aware of and accept that the tour, service, or activity carries inherent risks, and that they voluntarily assume all risks associated with the tour, service, or activity. A Client may be required to sign an indemnity at various camps, lodges, or service providers and must abide by the camp or service provider's code of conduct to ensure their safety.
   
5. The full amount of the tour, service, or activity is payable not less than 60 days before the tour, service, or activity commences.

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6. A booking made within 60 days of commencement of the tour, service, or activity is payable in full upon confirmation of the booking.

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7. If a booking is not paid in full as per the terms of paragraphs 3(a) and 3(e), the Company reserves the right to refuse the Client’s participation in the tour, service, or activity, and the Client will be liable for full cancellation fees.

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8. The Company will not provide tickets, coupons, vouchers, or booking documentation until proof of full payment has been received.

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9. The Company cannot guarantee any flights before receipt of payment, as seats are often held for a limited period before ticketing is required.

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10. Flight tickets are considered non-refundable unless otherwise specified in writing.

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11. Any refund of any amount to a Client shall, subject to the following Cancellations provision, only be paid into the account from which it was received by the Company, and the Client may be required to provide reasonable proof of ownership of such account. Refunds will normally be paid 30 days after being agreed by the Company, will be repaid in USD, and any loss suffered by the Client as a result of exchange rate fluctuations, bank charges, or other third-party fees or charges will be solely for the account of the Client.

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12. All payments must be made to the Company and not directly to any Service Provider or third party and are to be made in the invoiced currency. Payments are to be made to the specified account, and the Company will not change account details during the course of a transaction. The Client is solely responsible for preventing erroneous payments to third parties arising from ‘phishing’ or other unlawful practices. All account details can be verified telephonically with the Company.

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4. CANCELLATIONS

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1. All cancellations should be made in writing and will only be deemed effective upon acknowledgment of receipt by the Company.

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2. Cancellations will be subject to the following penalties: (i) A cancellation fee of twenty-five percent (25%) of the total invoice value will be levied if the booking is cancelled more than 60 days before the commencement date of the tour, service, or activity; (ii) A cancellation fee of fifty percent (50%) of the total invoice value will be levied if the booking is cancelled between 60 and 31 days before the commencement date of the tour, service, or activity; (iii) A cancellation fee of one hundred percent (100%) of the total invoice value will
   

be levied if the booking is cancelled within 30 days of the commencement date of the tour, service, or activity.

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3. No refunds will be given for no-shows or for clients who do not complete the tour, service, or activity for any reason.

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4. Special conditions apply to certain products and services. These will be communicated in the booking documentation.

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5. PASSPORTS, VISAS, AND OTHER TRAVEL DOCUMENTS

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1. The Client must ensure that all their travel documents (passports, visas, health certificates, etc.) are in order and comply with all necessary requirements.

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2. The Company will not accept responsibility for any consequences arising from failure to ensure that these requirements are met.

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6. INSURANCE

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1. Travel insurance is compulsory for all Clients and should be obtained before confirmation of booking. The insurance must cover, but is not limited to, the Client's medical expenses, baggage loss, personal accident, third-party indemnity, and repatriation in the event of illness or accident.

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2. It is the Client’s responsibility to ensure that their insurance cover is

adequate.

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7. HEALTH

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1. It is the Client’s responsibility to ensure they have taken all necessary

health precautions (vaccinations, etc.) for the tour, service, or activity.

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2. The Company will not accept responsibility for any consequences arising from the Client's failure to ensure that these requirements are met.

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8. FORCE MAJEURE

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1. The Company shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disasters), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout, or interruption or failure of electricity or telephone service.
   
2. No party shall be entitled to terminate this agreement in such circumstances.

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3. If the Company asserts Force Majeure as an excuse for failure to perform its obligations, then it must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that the Company substantially fulfilled all non-excused obligations, and that the Client was timely notified of the likelihood or actual occurrence of the event.

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9. COMPLAINTS

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1. Any complaints should be reported immediately to the relevant service provider on location.

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2. If the matter cannot be resolved locally, the Client must submit a complaint in writing to the Company within 30 days of the tour, service, or activity completion date.

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10. GOVERNING LAW

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1. This contract and any claims arising out of or in connection with its subject matter shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is incorporated.

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2. The courts of the jurisdiction where the Company is incorporated shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this contract or its subject matter.

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11. AMENDMENTS

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(a) No amendments to these General Conditions shall be valid unless made in writing and signed by a duly authorized representative of the Company.

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12. SEVERABILITY

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(a) If any provision of these General Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

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13. ENTIRE AGREEMENT

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(a) These General Conditions, together with any Special Conditions and the Form of Agreement, constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations (unless fraudulent).

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