Before we go out and smash up some monsters, lets set some house rules. Its for all of us to get the most out without getting into trouble.
Please bear in mind that we strive by all means to avoid any unforeseen circumstances that may in any way negatively impact your tour or impression of our service, company, personnel and/or agents. Basically we hope not to resort to any of the extreme measures which may be found hereunder, but we have to cover ourselves…. Just in case…
Who we are
Our website address is: http://www.samaktours.co.za.
APPLICATION
The terms and conditions contained in this document shall apply to the tour booking concluded between “Samak Tours” and the undersigned client in respect of the tour or adventure referred to as “the tour”.
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.
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 Samak Tours at its instance will have the discretion to sue in the High Court if it deems it is 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.
BOOKINGS
Samak Tours 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 Samak Tours 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.
Please note that for single clients, the Single Supplement is compulsory on all accommodated tours.
TOUR PRICE AND PAYMENT
While Samak Tours has utilized its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Samak Tours’ reasonable control, in which event Samak Tours shall utilize its best efforts to notify clients of such change as soon as possible.
The tour price and package 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 Samak Tours from time to time, such payment is made either directly to a third party service provider or to Samak Tours for settlement with a third party service provider.
Samak Tours 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, Samak Tours has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. Samak Tours accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increases and/or fluctuations.
The tour price must be paid by not later than 30 days prior to the departure date for the tour, failing which the Samak Tours reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.
In the event that the client makes a booking within 30 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full tour price upfront.
DEPOSIT AND INVOICING
A booking is considered confirmed when Samak Tours sends written confirmation to the client or agent confirming the booking. Invoices are issued on booking confirmation, 50% payment is required to confirm your booking. 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.
Once a Tour Operating Agent confirms a booking they are fully responsible for the entire payment to Samak Tours.
When booking a tour or adventure that includes a pre-paid booking with a third party, immediate payment for the tour or adventure is required in order to secure the tour or adventure. This payment is non-refundable and is paid directly to the third party tour operators.
COST OF MAKING CHANGES TO THE HOLIDAY
The Tour Operating Agent should be aware that if a Client wishes to transfer from one tour to another, outside the 60-days prior to departure period, only the difference in the tour price applies
Changing the date of a tour, within 60 days of departure, is subject to a fee of 15% of the tour price or ZAR 2 000, whichever is the higher of the two. This is subject to availability of the new dates. If there is surcharge or cancellation charged to Samak Tours by a third party in respect of ant such date changes, this will be charged additionally to the client by Samak Tours.
Where a client cancels or postpones a trip (‘trip’ here may refer to a planned trip or tour involving one or more clients who form part of a group wherein the same or similar activities are paid for in full or part by each individual client and will be carried out as a single group or multiple groups) paid for in full or part, for any reason whatsoever, Samak Tours may not be held responsible for refunding the amount paid by the client whether paid to a third party service provider or not. Should alternative customers not be available to fulfil the requirements of the original trip, or an official postponement thereof (‘official postponement’ here refers to a postponement or any number of postponements by Samak Tours or its agents for any reason whatsoever) and a postponement is not possible as per the clients dates or other requirements, the amount paid in full or part by the client shall be deemed non-refundable. Samak Tours may forge ahead with the original or officially postponed trip as per the original or officially postponed trip itinerary or according to other clients requirements who have booked and paid for the original or officially postponed trip.
On a tour, where a third party tour or adventure is required, the full amount of the third party tour or adventure will be added to the aforementioned fee to move the client (third party tour or adventure permits are not refundable).
In the event that 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 Samak Tours.
CANCELLATION CONDITIONS
Special Condition for tours that require a third party tour or adventure: When a client cancels a tour that requires a third party tour or adventure, the third party tour or adventure price is non-refundable and will be forfeited.
Cancellation of a scheduled tour booking must be made in writing via email to samaktours@gmail.com and is not effective until such written cancellation is received and acknowledged by Samak Tours.
Should a Client cancel or postpone a booking any time prior to the date of departure of the tour for any reason (except due to death or hospitalisation, where proof may be requested by Samak Tours for such cases), the client may 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 (except: In respect to a third party tour or adventure – which is non-refundable, and where there is/are no alternative customer/s to complete a tour)
30 – 60 Days: At least 50% of the tour price is held as cancellation
10 – 29 Days: At least 75% of the tour price is held as cancellation
0 – 9 Days: 100% of the tour price is held as cancellation
All cancellations need to be made in writing and confirmed by Samak Tours by email. The above mentioned cancellation fees are applicable to any pre-booked or pre-paid adventures or packages which will also be charged if a tour is cancelled. All refunds are also subject to Samak Tours finding alternative customers to fulfil a tour, based on other paying customers in the group for whom the tour or trip cannot be postponed, cancelled or changed in any way whatsoever and/or for any reason whatsoever.
Samak Tours reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, Samak Tours shall refund the tour price to the client except that which may have been deemed non-refundable such as, but not limited to, payment made to third parties or external service providers (‘external’ here implies entities, organizations, individuals or third parties not associated to Samak Tours either by employment or otherwise). It is recorded that refund of the tour price as aforesaid shall be Samak Tours’ sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against Samak Tours, its agents, representatives, affiliates, operators, associates, partners or any other service providers, by reason of a cancellation of the tour.
The client acknowledges that the tour is subject to a minimum booking of clients (including the client). If the minimum booking is not obtained, Samak Tours reserves the right to cancel the tour and refund the tour price to the client, except that which may have been deemed non-refundable such as, but not limited to, payment made to third parties or external service providers (‘external’ here implies entities, organizations, individuals or third parties not associated to Samak Tours either by employment or otherwise), in which event the client shall (for the avoidance of doubt) have no claim for any damages against Samak Tours, its agents, representatives, affiliates, operators, associates, partners or any other service providers.
ALCOHOL AND FOOD POLICY
Due to our non alcohol and Halaal food policy, no alcohol is to be consumed during the tour. For alcohol consuming clients, if you really have to consume alcohol, it should be in private and should not be made visible or known to the rest of the tour so that it does not have any impact where non-alcohol consuming clients complain. Should a complaint occur, Samak Tours reserves the right to immediately cancel the tour for the client consuming alcohol without any refund to the client or recourse to Samak Tours.
For tours including transport provision to the client, no alcohol or non-Halaal food will be allowed in the vehicle for transportation by Samak Tours under any circumstances. Where other transport is provided by Samak Tours (e.g. boat) no alcohol or non-halaal food will be allowed aboard such vehicle/vessel.
Due to the Halaal food policy, no non Halaal food is to be mixed or made to contaminate Halaal food during the tour. Should a client choose to carry or consume non Halaal food, the client may do so without allowing such food to be in the proximity of min 10 meters of the Halaal food.
Age restricted Activities:
The minimum required age for children to participate in any activity offered must be adhered to by the client and is the sole responsibility of the client to verify with Samak Tours before booking any tour or adventure activity.
When requesting that a child joins a tour, please ensure that you provide us with as much information as possible about the suitability of the child for the tour. This will vastly improve the chances of the child being accepted by the other guests on the tour.
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.
Samak Tours shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.
INSURANCE
Comprehensive travel and cancellation insurance is 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 proof of such insurance to Samak Tours (on request thereof by Samak Tours), Samak Tours 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 the client’s travel insurance must include comprehensive medical insurance including provision for air evacuation, and that Samak Tours shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
BAGGAGE
The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and Samak Tours shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
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.
Clients take responsibility that they are fit enough to travel and may be asked to leave the tour if they are hindering the progress of the tour.
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 behaviour during the tour shall not be tolerated and that Samak Tours, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
Samak Tours shall not be liable for any costs and/or expenses for the client resulting from 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.
MARKETING
Samak Tours 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 Samak Tours 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 Samak Tours.
FORCE MAJEURE
Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of Samak Tours may cause delays or alterations to the tour. Samak Tours 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.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
The client accepts that the tour is of an adventurous nature and involves an element of personal risk.
Samak Tours 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 of 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 dischargesSamak Tours and its respective directors, officers, employees, representatives and agents from any and all such liability.
The client furthermore indemnifies and holds Samak Tours 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 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.
PRIVACY POLICY
Samak Tours has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. Samak Tours will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which Samak Tours will use your personal information are as follows: to transact with you via the website or email regarding reservations, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
Samak Tours shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Samak Tours; (b) to protect and defend the rights or property of Samak Tours, and (c) for the purposes of distributing same to various employees and/or third parties who assist Samak Tours in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
Whilst Samak Tours is of intent to take reasonable measures to keep personal information about you confidential, it shall however not be liable for any loss or damage, suffered as a result of the disclosure of such information beyond the reasonable control of Samak Tours.
Samak Tours will:
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treat your personal information as strictly confidential;
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take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
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promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
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provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
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upon your request, promptly return or destroy any and all of your personal information in our possession or control.
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We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
What personal data we collect and why we collect it
Comments
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An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
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Contact forms
Cookies
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If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
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Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
IMAGE USE DISCLAIMER
All images used on this website may not be copied or used without permission from Samak Tours.