TERMS OF SERVICE
Terms and Conditions
1 Important Notice and Terms of Engagement
1.1 This document contains the terms and conditions on which Dare to Explore provides any and all services to its customers.
1.2 This document contains certain terms and conditions which appear in similar text style to this clause and which _
1.2.1 may limit the risk or liability of Dare to Explore or a third party;
1.2.2 may create risk or liability for you;
1.2.3 may compel you to indemnify Dare to Explore or a third party; and/or
1.2.4 serves as an acknowledgement, by you, of a fact.
1.3 Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
1.4 The terms and conditions set out in this document ("this/the agreement") apply to the relationship between you and Dare to Explore irrespective of whether they have been signed. If there is any provision in this document that you do not fully understand, please ask us to explain it before you enter into this agreement.
1.4.1 The relationship between you and Dare to Explore shall be that of principal and agent, in terms of which Dare to Explore shall act as your agent, and for and on your behalf, when negotiating and contracting with third party service providers in respect of the goods and services that make up your tour package.
1.5 Nothing in this document is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either you or Dare to Explore in terms of the CPA.
2 Deposit and Package Price
2.1 Please note that your tour package will only be confirmed and the quotation treated as having been accepted on your behalf upon receipt of payment of the deposit amount in US Dollar (“the deposit”), into Dare to Explore's bank account, details of which are set out in the quotation ("the quotation").
2.2 Unless agreed to otherwise between Dare to Explore and yourself, the deposit will be 30% (thirty percent) of the package price set out in the quotation.
2.3 The remaining portion of the package price must be paid at least 8 (eight) weeks prior to your departure.
2.4 Peak Season Payment Terms - Travel taking place between December 15 - January 15 falls within peak season. Travel taking place between these dates require a 50% deposit at time of booking and the remaining portion of the package price must be paid at least 18 (eighteen) weeks prior to your departure.
3 Tour Pricing and Payment
3.1 The quotation is prepared based on the prices charged by service providers as at the date of the quotation and with reference to the Rand/Dollar exchange rate as at the date of the quotation.
3.2 Quotations are valid for 10 business days from date of issue.
3.3 Although changes after acceptance of a quotation are extremely unlikely, Dare to Explore will inform you as soon as possible of any unavoidable change as well as the nature and consequence of the event causing such change and you may then either agree to the change or cancel the arrangement that is subject to the change.
3.4 Dare to Explore will make the various payments due by you to the relevant service providers on your behalf from the payments received from you in terms of clause 1.5 above. The difference between the expenses incurred by us on your behalf and the package price constitutes our service fee for arranging a tour package in accordance with your specifications which we negotiate on your behalf with service providers.
3.5 The bookings, payments and/or arrangements that Dare to Explore makes on your behalf with the relevant service providers may be subject to those service providers' own terms and conditions regarding, amongst other things cancellation, indemnities, waiver or liability. We will assist you in obtaining copies of the relevant service providers' terms and conditions at your specific request.
3.6 If flight changes are requested after the deposit has been received, or if flights are cancelled, revision fees, change fees or airline cancellation fees will be applicable and may be charged to you. These fees will be in addition to and separate from any other cancellation charges payable in terms of this agreement.
3.7 In the case of computer or human billing errors we reserve the right to re-invoice you with the correct billing information.
4.1 If you cancel this agreement, you will be liable to pay Dare to Explore for all expenses incurred by Dare to Explore which cannot be recouped, as well as a cancellation fee equal to 15% (fifteen percent) of the total package price, which cancellation fee is charged in order to compensate Dare to Explore for the loss it suffered as a result of the cancellation, including overhead costs.
4.2 You agree that Dare to Explore will be allowed to use the deposit paid by you to cover the expenses incurred and the cancellation fee payable in terms of 4.1. Where the expenses incurred together with the cancellation fee exceed the deposit paid to Dare to Explore by you, you will be liable for the amount by which the deposit is exceeded. Where the expenses incurred and the cancellation penalty do not exceed the amount paid as deposit, Dare to Explore will repay the remainder of the deposit to you within a reasonable time after cancellation.
4.3 Notwithstanding what has been said above, should you join your tour after its departure or leave it before completion for whatever reason, no refunds can be made.
4.4 If notice is given to Dare to Explore that a booking will not be honoured due to the death or hospitalisation of the person for whom or for whose benefit the booking was made, only the costs actually incurred by Dare to Explore as a result of the booking will be payable and no cancellation fee will be charged as a result of the booking not being honoured.
4.5 For the avoidance of doubt, in the event that this agreement is cancelled, for whatever reason and irrespective of whether it was cancelled by you or Dare to Explore, you will remain liable to Dare to Explore for all expenses incurred as part of the agreement or as directly occasioned by the cancellation of the agreement.
5 Delays, We will not be responsible for any additional costs incurred due to airlines not running on schedule.
6 Date changes After a booking is confirmed, should you wish to change your departure date, all efforts will be made to assist in a change. However, all changes are subject to availability and price fluctuations, and may be subject to change fees or charges.
7 Baggage For any tours where light aircraft are used, additional baggage restrictions may exist. Information regarding the specific baggage restrictions that you may be subject to will be provided to you as part of the booking information documents prior to your departure. Should you arrive with excess baggage you will run the risk of your bags having to be flown to you at a later stage and at a significant cost to you.
8 Responsibility and waiver and indemnity
8.1 Upon payment of the deposit, you will be deemed -
8.1.1 to have irrevocably accepted the detail of the tour package that Dare to Explore has arranged and put together for you as recorded in the quotation or any other document or communication to you at that time and any cancellation of your tour package will be subject to the cancellation provisions contained in this agreement;
8.1.2 to have appointed Dare to Explore as your representative and agent in making the relevant bookings and procuring the relevant tourism services referred to in the quotation on your behalf; and
8.1.3 to have accepted and to have agreed to the terms and conditions contained in this agreement, read together with the booking information form, quotation and itinerary, all of which regulate our appointment as your tour operator, as recorded herein.
8.2 PLEASE NOTE THAT -
8.2.1 although Dare to Explore takes great care in recommending only reputable service providers and prides itself in a track record of excellence, Dare to Explore does not accept any liability or obligation for or in connection with the services provided to you by the relevant service providers that we will appoint on your behalf and/or any accident, injury, loss, or damage of whatever nature that you may suffer or incur while on the tour, and by payment of the deposit you agree to the extent permissible in law and save to the extent attributable to gross negligence
126.96.36.199 to indemnify and hold Dare to Explore and its members, employees and agents harmless against any liability, claim or damages of whatsoever nature and howsoever arising, that you may suffer and/or incur, jointly or severally; and
188.8.131.52 to waive any claim that you may have against Dare to Explore, its members, employees and/or agents, as a result of any loss or damage, including but not limited to loss or damage as a result of -
a) any bodily injuries or death;
b) any expenses and/or damages, whether special or general, incurred as a result of hospital expenses, medical expenses, funeral expenses, legal expenses, loss of income, loss of amenities of life, pain and suffering, disability, disfigurement, loss of life expectation, sentimental and patrimonial damages, punitive damages; and/or
c) any loss or damage to personal belongings, suffered and/or incurred by you and/or any person/s accompanying you on a tour organised by Dare to Explore, directly or indirectly due to or arising from the services rendered to you by Dare to Explore, your taking part in a tour organised by Dare to Explore, Dare to Explore acting as your agent and/or in any other way pursuant or connected thereto;
9 Law and consent to jurisdiction
9.1 This agreement is governed by, and interpreted in accordance with, the laws of the Republic of South Africa.
9.2 By accepting the terms and conditions contained in this agreement you consent to any dispute directly or indirectly relating to your agreement with Dare to Explore and/or these terms and conditions being adjudicated in the South Gauteng High Court of South Africa and hereby submit yourself to such Court's jurisdiction.
9.3 Notwithstanding what has been said in 9.2 above, nothing in this agreement, the Booking Information Form, Quotation or Itinerary should be understood to prevent either party from taking any dispute to any court, tribunal, commission, ombud or other body of competent jurisdiction.
10 Passport / Visa You are responsible to ensure all passport and visa requirements are valid for the countries you will visit on your tour.
11 Health You are responsible to ensure that all health requirements are met for the countries you will be visiting and we strongly advise that you seek the advice of a reputable travel clinic or medical professional well in advance of your departure to ensure that you take all necessary precautions in relation to your intended destination/s or areas of travel. Our tours do enter malaria areas and we strongly advise that all guests take the necessary precautions.
12 Excluded services and costs
12.1 Please note that some services and costs are not included in your itinerary and quotation. These excluded services vary from tour package to tour package or itinerary to itinerary and you should take careful note thereof and that in addition to the services and costs mentioned in clause
12.2, further services and costs can be excluded in a particular case and you should consider your itinerary and quotation carefully, well before your departure. If you have any doubt as to whether a cost, charge, fee, levy, tax or duty is included or excluded please contact us for clarity.
12.2 The following services and costs are always excluded: insurance, medical, emergency evacuation, any excursions not listed in your itinerary, international airfares, visa costs and airport taxes/levies.
13 Changes to schedule
13.1 Although Dare to Explore makes every effort to ensure that your itinerary is followed as scheduled, should a necessary change in accommodation and/or routes have to be made due to reasons beyond our control we reserve our right to make such changes and there shall be no refund either in whole or part should a reasonable substantially equivalent alternative be found and offered to you.
13.2 If a guest is unable to participate in an excursion for any reason, except as contemplated in 4.4, no refund shall be made.
14 Insurance Although Dare to Explore recommends that you purchase comprehensive travel insurance it remains your sole responsibility to ensure that you carry the correct comprehensive travel and medical insurance.
15 Age limits Age limits vary per tour. All ages must be confirmed by you at time of booking.
16.1 No addition to, variation or consensual cancellation of agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of these terms and conditions, including this clause 16, shall be of any force or effect unless in writing and signed by you and Dare to Explore.
16.2 For the benefit of all tour members, Dare to Explore reserves the right to reject or remove any tour member whose conduct is considered to be incompatible with the interests of other tour members or service providers. Dare to Explore is not responsible for any costs incurred if we have to terminate a tour member's tour due to unacceptable behaviour.
16.3 By signing this document or by indicating your acceptance of an electronic version of this document by marking an electronic box or clicking an acceptance icon, you agree to be legally bound by these terms and conditions.
17 Photo & Video Consent
17.2 I authorize Dare to Explore to publish photos/videos taken on my trip for marketing purposes, with or without credit.