Terms and Conditions

 

Amatungulu Tours Customer Terms and Conditions:

This Agreement sets forth the terms and conditions between Amatungulu Tours and users ("You"), using our tour services. This Agreement explains how You purchase tours and specifically limits the liability of Amatungulu Tours. Amatungulu Tours means Amatungulu (Pty) Ltd (‘the Company’), registered in South Africa. All bookings made on behalf of Amatungulu (Pty) Ltd (‘the Company’), are subject to these terms and conditions.

First read this Agreement before using the Site and booking a Tour. Use of the Site forms an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.

1. General

Amatungulu Tours are seeking to provide tours through our website, amatungulu.com ("Site"), which is a communications and payment processing system that enables the connection between You and the Tour Operator (Amatungulu Tours).

2. Transactions

You may seek the services of Amatungulu Tours through the use of the Site. Once Amatungulu Tours has accepted your request for service and your payment has been processed, there is a binding contract between You and Amatungulu Tours.

Amatungulu Tours uses a third party service to process your credit card information. For further information regarding that service, please contact Amatungulu Tours' credit card processing company(ies). You hereby agree to hold Amatungulu Tours above reproach for any damages that may result should any personal information about You be released by any third parties.

3. Refunds

 

Any cancellation by You must be made by email and acknowledged by Amatungulu Tours. The date on which the request to cancel is received by Amatungulu Tours will determine the refund due as follows:

 

(Differentiation must be made between single-day tours, and multi-day tours.)

 

Multi-day tours;

Cancellation 60 days or more before departure: Amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of Amatungulu Tours for tickets, transportation deposits and other additional expenses.

Cancellation 59 to 31 days before departure: 50% of tour price, if paid in full.

Cancellation less than 30 days before the start of the tour: 100% cancellation fee. (no refund)

You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.

Single-day tours:

 

Cancellation at least 7 day(s) in advance of the scheduled departure, there is no cancellation fee.

 

Cancellation between 3 and 6 day(s) in advance of the scheduled departure, there is a 50 percent cancellation fee.

 

If you cancel within 2 day(s) of the scheduled departure, there is a 100 percent cancellation fee.

 

You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.

In some cases, Amatungulu Tours may cancel a tour due to weather or other circumstance. In the event that Amatungulu Tours cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a 50% refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by Amatungulu Tours or paid by You, as applicable.

Amatungulu Tours is not responsible for any incidental expenses. You may have incurred in reliance on the tour booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.

4. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY

You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family and heirs assigns hereby release Amatungulu Tours from all claims and causes of action whatsoever arising from any injury, death or other damages, both financial and other, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including any employee, officer, agent, contractor or assign of Amatungulu Tours, whether such negligence is passive or active.

Prior to tour commencement, Amatungulu Tours may ask You to sign a Liability Release.

Whether the signing of the Liability Release is required is disclosed when you use the Site to book the tour.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Amatungulu Tours cannot make any claims about the quality, source or other provenance of any goods which may be available for purchase.

5. Information Provided by You

You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. Amatungulu Tours is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.

Amatungulu Tours will only use your information in accordance with our Privacy Policy. Amatungulu Tours will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold Amatungulu Tours harmless for any damages that may result.
Amatungulu Tours uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact Amatungulu Tours' credit card processing company; www.PayPal.com.

6. Modification of the Terms of this Agreement

Amatungulu Tours reserves the right to make changes to this Agreement from time to time. Amatungulu Tours shall provide notice to You of any relevant and/or material changes to this Agreement or any policies posted on the Site by posting, such as changes on the Site.

7. Terms of Agreement

This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Amatungulu Tours may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of Amatungulu Tours as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 5 (Information Provided by You); Section 7 (Terms of Agreement); Section 8 (Intellectual Property Rights); Section 15 (Notice of Trademark Rights); Section 11 (Disclaimer of Warranties); Section 12 (Limitation of Liability); Section 14 (Legal Claims); and Section 17 (Miscellaneous Requirements).

Should You violate the terms of this Agreement, Amatungulu Tours reserves the right, without prejudice to any other rights or remedies available to Amatungulu Tours, to terminate your use of this Site immediately at its sole discretion.

8. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by Amatungulu Tours, or is used with the owner's permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without the prior written permission of Amatungulu Tours.

9. Environmental Protection

 

The Client agrees and undertakes that while being on tour, he/she will not damage the environment by picking wild flowers or other vegetation, litter, or spill detergents like soap, or poisonous products in rivers or dams. The Client should adhere when the Operator specifies that smoking is not allowed at certain places.

 

The Client undertakes to behave in a peaceful and quiet way in order to show respect and consideration for wild life and other Clients.

10. 
    Privacy
    
    Amatungulu Tours is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the Amatungulu Tours Site.
    
    11. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. Amatungulu Tours DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability

Under no circumstances will Amatungulu Tours be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Amatungulu Tours arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to Amatungulu Tours under this Agreement.

13. Notice

Any notice or other communication to be given hereunder will be in writing, either by facsimile, post paid registered or certified mail return receipt requested, or electronic mail.

14. Legal Claims

For all disputes between Amatungulu Tours and You relating to the Site, this Agreement, and transactions facilitated or conducted through the Site, tours ordered or purchased through the Site, dealings between You and Amatungulu Tours, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of Pretoria, South Africa, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Pretoria, South Africa, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in Pretoria, South Africa, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

 

15. Notice of Trademark Rights
    
    The service marks and trademarks Amatungulu Tours and the Amatungulu Tours logo are service marks owned by Amatungulu Tours. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of Amatungulu Tours or the applicable owner.
    
    
    16. Risks, Hazards and Dangers

 

There are Risks, Hazards and Dangers involved, or maybe encountered during the tour, more specifically:

a.)There is not always protection in the form of fences, vehicles or buildings in which to take cover in potential dangerous circumstances and that hazard may be encountered, like dangerous animals, reptiles or nature storms.

b.) Dams and rivers may contain Bilharzia and you may become sick after entering such waters.

c.) Malaria is prevalent in certain parts of South Africa, and Malaria prophylactics should be taken in accordance to a medical doctor’s prescription before entering a Malaria area.

d.) Exposure to the sun and heat can lead to various problems, and precaution must be taken to use a sun hat. Other sun protection applications must be taken and fluids must be taken regularly.

 

17. Miscellaneous Requirements
    
    Failure by Amatungulu Tours to enforce any provision(s) of this Agreement shall not be interpreted as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of South Africa.
    
    These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and Amatungulu Tours with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Amatungulu Tours, its successors and assigns.
    
    Nothing in this Agreement shall be taken as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.