These Terms and Conditions (“Terms”) govern every booking and quotation issued by Ascot Tours. They form a binding contract between Ascot Tours and the party making the booking. Please read them carefully. By requesting a quotation, confirming a booking, paying a deposit or accepting any service from Ascot Tours, you confirm that you have read, understood and accepted these Terms, and that you are authorised to do so on behalf of every traveller named in the booking.
1. WHO WE ARE AND HOW THESE TERMS APPLY
1.1 Ascot Tours means [Ascot Tours (Pty) Ltd], registration number 2003/011892/07, VAT registration number 435 0194 900, a destination management company and inbound tour operator with its registered address at 20 Old Cape Road, Simola Golf Estate, Knysna, South Africa (referred to in these Terms as “Ascot Tours”, “we”, “us” or “our”).
1.2 Ascot Tours is principally a business-to-business operator that sells through travel agents, tour operators and other travel trade partners. From time to time we also receive and accept booking requests directly from members of the public. These Terms are therefore written to cover both situations, and they apply to every booking regardless of how it reaches us.
1.3 Throughout these Terms we distinguish between two types of customer — a Trade Client (B2B) and a Direct Client (B2C). The meaning of each is set out in clause 2. Where a clause applies to only one type of customer, this is stated expressly. Where no distinction is drawn, the clause applies to both.
1.4 Where the Client is a Direct Client who is a “consumer” as defined in the Consumer Protection Act, 2008 (“CPA”), these Terms are read subject to the CPA, and nothing in these Terms is intended to limit or exclude any right that cannot lawfully be limited or excluded. Where the Client is a Trade Client contracting in the course of its business, the CPA generally does not apply to the relationship between us, and these Terms apply in full.
1.5 These Terms, together with our quotation, booking confirmation and invoices, and the published terms of any third-party supplier referred to in clause 7, make up the whole agreement between us. They replace any earlier terms, and may be updated by us from time to time; the version applicable to a booking is the version in force on the date the booking is confirmed.
2. TRADE (B2B) AND DIRECT (B2C) CLIENTS — DEFINITIONS
This clause is central to these Terms. It defines who you are and which obligations fall on you.
2.1 “Trade Client” or “B2B Client” means any travel agent, tour operator, wholesaler, travel management company, destination management company, corporate buyer, club, association or other business or person that books with Ascot Tours in the course of its own business or trade, whether for resale to its own clients, for a group, or for onward arrangement. A Trade Client contracts with us as a business, not as a consumer.
2.2 “Direct Client” or “B2C Client” means a private individual (or a small group of private individuals travelling together) who books with Ascot Tours directly, for their own travel and not for resale or in the course of a business. A Direct Client is treated as a consumer.
2.3 “Client”, “you” and “your” mean, as the context requires, the Trade Client or the Direct Client who makes the booking and who is named on our booking confirmation. The Client is the party legally responsible to us for the booking and for payment.
2.4 “Traveller” or “guest” means each person who will travel under the booking. For a Trade Client, the Travellers are usually the Trade Client’s own customers; for a Direct Client, the Travellers are the Direct Client and those they book for.
2.5 How we tell which set of obligations applies: we treat a booking as a Trade (B2B) booking where the Client books under a trade account, a confidential trade tariff, an agency agreement or otherwise plainly in the course of business; and as a Direct (B2C) booking where a private individual approaches us directly. If there is any genuine doubt, we will record in the booking confirmation which type of booking it is, and that record is conclusive unless you tell us in writing before paying the deposit that it is wrong.
3. QUOTATIONS, BOOKINGS AND WHEN A CONTRACT BEGINS
3.1 All quotations are estimates based on the prices, exchange rates, taxes, levies and availability applicable on the day the quotation is issued. A quotation is not a booking and does not hold space. Prices may change until a booking is confirmed and the deposit is received.
3.2 A booking is only confirmed, and a contract only comes into existence between us, when (a) you have accepted our quotation or completed our booking request in writing, (b) we have issued a written booking confirmation, and (c) we have received the required deposit in cleared funds. Until all three have happened, no space, rate or arrangement is guaranteed.
3.3 Trade Clients (B2B) only: by confirming a booking, the Trade Client warrants that it has the authority of every Traveller in the booking, that it has provided each Traveller with all relevant information about the arrangements, and that it has brought these Terms (and any applicable supplier terms) to each Traveller’s attention and obtained their agreement. The Trade Client remains responsible to us for the whole booking even though it may be reselling to others.
3.4 Direct Clients (B2C) only: by confirming a booking, the Direct Client warrants that he or she is over 18, is authorised to accept these Terms on behalf of every Traveller named, and that each Traveller has agreed to be bound by them.
3.5 We will set out in your confirmation and itinerary the salient details of the arrangements, including (where applicable) accommodation, room types, transfers, internal and international flights, meals, activities and any items specifically included or excluded.
4. PRICES, RATES AND CURRENCY
4.1 Unless we state otherwise in writing, prices include the cost of the arrangements described in the itinerary and our service and arranging fee, and exclude items of a personal nature, gratuities, optional activities, visa and travel-document costs, travel insurance, and anything not expressly listed as included.
4.2 Trade Clients (B2B) only: rates extended to Trade Clients under a confidential trade tariff are strictly private and confidential. The Trade Client may not disclose our net or trade rates to any Traveller or third party, and may not represent our rates as the Traveller’s own retail price in a way that exposes our confidential pricing.
4.3 Prices are quoted and payable in the currency stated on the relevant invoice. Where prices depend on exchange rates, taxes, fuel levies, park or conservation fees or government charges, we may adjust the price to reflect changes in these costs up to the point of full payment, and we will tell you in writing if this happens.
4.4 South African exchange-control rules may require that certain amounts are settled by direct bank transfer rather than by card, and that the land cost of arrangements forms part of a traveller’s travel allowance. We will advise the applicable payment method on each invoice.
5. DEPOSITS, PAYMENT AND FLIGHTS
5.1 Deposit. To confirm a booking, a non-refundable deposit of 25% (twenty-five percent) of the total tour price is payable at the time of booking. The deposit is non-refundable in all circumstances except where these Terms or the law expressly require a refund.
5.2 Flights. All airfares (international and domestic) must be paid in full at the time of booking, in addition to the deposit. Flights are issued subject to the relevant airline’s own conditions and are generally non-refundable and non-changeable once ticketed; any refund or change is governed solely by the airline’s fare rules, and we cannot guarantee recovery of any airfare.
5.3 Balance. The balance of the total tour price is due, in cleared funds, no later than 60 (sixty) days before the arrival / tour start date. If a booking is confirmed within 60 days of arrival, the full total tour price (and all airfares) is payable immediately on confirmation.
5.4 Larger supplier deposits. Some lodges, hotels, rail journeys, charters, peak-season properties and other suppliers require a larger or earlier deposit, or staged payments, than set out above. Where this applies to your booking, we will tell you at the time of booking. In that case the supplier’s deposit, payment and cancellation terms apply to that part of the booking, provided always that this is not to the detriment of Ascot Tours. Clause 7 explains how supplier terms operate.
5.5 Late or missed payments: if any amount is not received by its due date and remains unpaid for 3 (three) days after we ask you in writing to pay it, we may treat the booking as cancelled by you and apply the cancellation fees in clause 6, and/or charge interest at the maximum rate permitted by law.
5.6 Trade Clients (B2B) only: the Trade Client remains liable to us for the full booking price even if its own customer fails to pay the Trade Client. Payment to us may not be withheld or set off against any dispute the Trade Client has with a Traveller.
6. CHANGES AND CANCELLATION BY YOU
6.1 You may ask to amend or cancel a booking at any time. All amendment and cancellation requests must be made in writing and only take effect on the date we actually receive them. Amendments are subject to availability and to any supplier charges, plus a reasonable administration fee.
6.2 Cancellation fees. If you cancel, the following cancellation fees apply, calculated as a percentage of the total tour price. These fees are a genuine and reasonable pre-estimate of the costs and losses we incur, and you agree they are fair:
| When we receive your written cancellation | Cancellation fee (% of total tour price) |
|---|---|
| From booking up to more than 60 days before arrival | 25% (the deposit is forfeited) |
| 60 to 46 days before arrival | 50% |
| 45 days or fewer before arrival, on arrival, no-show, or after travel has begun | 100% (no refund) |
6.3 Flights and larger-deposit suppliers. Airfares (clause 5.2) and any arrangements subject to a supplier’s own stricter terms (clause 5.4 / clause 7) are cancelled in accordance with those airline or supplier terms, which may impose a higher cancellation charge than the table above. Where a supplier’s cancellation charge is higher, that higher charge applies to that part of the booking.
6.4 Any refund due to you is paid only after we have received any cancellation fee owing, by electronic transfer to your nominated account, less any amounts already non-refundable to our suppliers. We do not refund unused services, missed flights, or arrangements not taken up once travel has begun.
6.5 Travel insurance is the proper protection against cancellation. We strongly recommend you (and every Traveller) take out comprehensive travel insurance that covers cancellation for any reason. Cancellation fees that fall on you may be recoverable under such a policy — they are not recoverable from us.
7. THIRD-PARTY SUPPLIERS AND THEIR TERMS
7.1 Ascot Tours arranges and facilitates travel services that are delivered by independent third-party suppliers — airlines, lodges, hotels, rail operators, transfer and charter operators, guides, activity providers and the like. We select suppliers with reasonable care, but we do not own or control them and they perform their services subject to their own terms and conditions.
7.2 Where a supplier’s own terms apply to part of your booking (including any larger or earlier deposit, payment schedule or cancellation policy under clause 5.4), those supplier terms apply to that part of the booking in addition to these Terms, and prevail over these Terms in respect of that part — provided always that no supplier term will apply to the extent it operates to the detriment of Ascot Tours. We will make the relevant supplier terms available to you on request and, where they materially affect deposits or cancellation, we will draw them to your attention at the time of booking.
7.3 To the maximum extent permitted by law, our responsibility is limited to arranging the services with reasonable skill and care. We are not liable for the acts, omissions, default, insolvency or failure of any supplier, nor for any loss, injury, death, delay or damage caused by a supplier, save where such liability cannot be excluded by law.
8. CHANGES AND CANCELLATION BY US
8.1 We plan arrangements carefully, but changes sometimes become necessary. We may make minor changes to a booking at any time. Where a change is significant (for example a material change of accommodation standard, destination or tour dates), we will tell you as soon as reasonably possible and offer you, where practical, a reasonable alternative.
8.2 We may cancel a booking where it is necessary to do so for reasons beyond our reasonable control, including a force majeure event (clause 11), the failure or insolvency of a key supplier, or your failure to pay on time. If we cancel for a reason that is not your fault and not a force majeure event, we will refund the amounts you have paid that we are able to recover, or offer a comparable alternative. Beyond that refund, we have no further liability to you for a cancellation of this kind.
9. TRAVELLER RESPONSIBILITIES, DOCUMENTS, HEALTH AND INSURANCE
9.1 It is the responsibility of the Client and every Traveller, at their own cost, to hold valid passports (generally valid for at least six months beyond the return date with sufficient blank pages), to obtain all required visas and travel authorisations, and to meet all entry, transit and exit requirements for every country on the itinerary. We are not responsible for any Traveller who is refused boarding, entry or transit for want of correct documentation, and no refund is due in that event.
9.2 It is the responsibility of the Client and every Traveller to obtain timely medical advice on inoculations, prophylaxis (including malaria precautions where relevant) and general health requirements for the destinations, and to be fit to undertake the arrangements booked.
9.3 Mandatory travel insurance. Comprehensive travel insurance is a condition of travelling on any Ascot Tours arrangement. It should cover at least cancellation and curtailment, medical and hospital expenses, emergency evacuation and repatriation, personal accident, and loss of baggage and personal effects. Choosing the insurer and the level of cover is the Client’s and Traveller’s own decision and responsibility. We are not liable for any shortfall, exclusion or declined claim under any policy.
9.4 Travellers must comply with reasonable instructions from us, our representatives and our suppliers, must hold valid documentation and arrive punctually at assembly points, and must not behave in a way that endangers, inconveniences or causes offence to others. We and our suppliers may refuse to carry or accommodate, or may remove, any Traveller whose conduct is unacceptable, without refund and without liability.
10. TRAVEL TO REMOTE AREAS, WILDLIFE AND ASSUMPTION OF RISK
This clause asks you to accept certain risks. Please read it carefully.
10.1 Travel in Africa may include remote and wilderness regions, light aircraft and road transfers over long distances, water activities, golf in bushveld settings, and close proximity to wild animals. The Client and every Traveller acknowledge and voluntarily assume the inherent risks of such travel, which can include injury, illness, loss, damage and, in rare cases, death, and which are not within our control.
10.2 To the maximum extent permitted by law, the Client and every Traveller release Ascot Tours, its directors, employees and representatives from claims arising from those inherent risks, and from exposure to or infection with any infectious disease. Where required by a supplier (for example a lodge or activity operator), Travellers will sign that supplier’s indemnity or waiver before participating; refusal to sign may mean the activity cannot be provided, without refund.
11. OUR LIABILITY
11.1 For all Clients: we accept responsibility for arranging the travel services described in your confirmation with reasonable skill and care. We do not accept liability for loss, injury, death, delay, disappointment or additional expense caused by events or persons beyond our reasonable control, including the acts or omissions of suppliers and Travellers, or for items of a purely personal or consequential nature.
11.2 Trade Clients (B2B) only: to the maximum extent permitted by law, our total liability to a Trade Client arising out of any booking is limited to the value of the arranging fee or service fee we earned on that booking, and we are not liable for the Trade Client’s loss of profit, loss of business, or any claim made against the Trade Client by a Traveller. The Trade Client indemnifies and holds us harmless against any claim by a Traveller to the extent that claim arises from the Trade Client’s own act, omission, misrepresentation or breach of these Terms.
11.3 Direct Clients (B2C) only: nothing in these Terms excludes or limits our liability where it cannot lawfully be excluded or limited under the CPA or other applicable law, including liability for death or personal injury caused by our negligence.
12. FORCE MAJEURE
12.1 Neither party is liable for failure or delay in performing its obligations caused by an event beyond its reasonable control, including war, civil unrest, terrorism, riot, strikes, epidemic or pandemic, public-health measures, border or airspace closures, fire, flood, extreme weather, natural disaster and other acts of God (a “force majeure event”). The affected party will notify the other in writing as soon as reasonably possible.
12.2 Where a force majeure event prevents the arrangements from going ahead, we will refund the amounts you have paid that we are able to recover from suppliers, after deducting any unrecoverable costs. We are not otherwise liable for any loss arising from a force majeure event, and we encourage you to rely on your travel insurance.
13. PERSONAL INFORMATION (POPIA)
13.1 We process personal information in accordance with the Protection of Personal Information Act, 2013 (“POPIA”). By making a booking, you consent to us collecting, using and sharing the personal information of the Client and Travellers as necessary to arrange and deliver the booking — including sharing it with the suppliers and authorities involved, who may be located in countries with different data-protection laws.
13.2 We keep personal information only for as long as is necessary for the purpose for which it was collected or as the law requires, after which we delete or de-identify it. You may ask us to update information, withdraw marketing consent, or raise a concern by contacting our Information Officer at [name / email / phone]. If a concern is not resolved, you may complain to the Information Regulator.
13.3 Trade Clients (B2B) only: where a Trade Client provides us with the personal information of its Travellers, the Trade Client warrants that it has a lawful basis and the necessary consents to do so, and indemnifies us against any claim arising from a failure to have obtained them.
14. COMPLAINTS
14.1If something goes wrong during travel, please tell our representative or the supplier at the time, so that we have the opportunity to put it right then and there. If the matter is not resolved, please send us a written complaint within 30 (thirty) days of the end of the arrangements. If you do not follow this procedure, our ability to investigate — and your right to claim — may be affected.
15. GOVERNING LAW AND DISPUTES
15.1 These Terms and any booking are governed by the law of the Republic of South Africa.
15.2 The parties will first try, in good faith, to resolve any dispute by negotiation. If it is not resolved within 14 (fourteen) days, the dispute will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (“AFSA”) before one arbitrator, seated in Cape Town. The arbitrator’s decision is final and binding and may be made an order of court. Nothing prevents either party from seeking urgent or interim relief from a court of competent jurisdiction.
16. GENERAL
16.1 Whole agreement. These Terms, with our quotation, confirmation, invoices and any applicable supplier terms, are the entire agreement between us, and replace any prior representations not recorded in them.
16.2 Variation. No change to these Terms or a booking is binding unless agreed by both parties in writing (email is sufficient).
16.3 No waiver. Any indulgence we allow does not waive our rights or prevent us from enforcing these Terms strictly.
16.4 Cession. We may cede or assign our rights and obligations on written notice to you. You may not cede or assign yours without our written consent.
16.5 Severability. If any provision is found unlawful or unenforceable, it is severed and the remaining provisions continue in force.
16.6 Notices. Notices must be in writing, to the addresses recorded in the booking; email notices are deemed received 24 hours after sending.
16.7 Costs. A party in breach is liable for the other party’s reasonable costs of enforcing these Terms, including legal costs on the attorney-and-own-client scale.16.8Survival. Clauses that by their nature should survive completion or cancellation of a booking (including liability, indemnity, confidentiality, data protection, governing law and disputes) continue to apply afterwards.