TERMS & CONDITIONS
Walthers Tours (Pty) Ltd trading as Walthers Destination Business Solutions Africa here in referred to as Walthers, is a legal company. All services to be provided by Walthers, are limited by the terms of these conditions. Only the services confirmed by Walthers in writing, will be provided and constitute part of this agreement. Walthers offers are governed by the following terms and conditions with which the CLIENT is fully aware at the time of booking with Walthers.
“Client” – means individuals, groups, companies or others legal persons using the service of Walthers.
“Arrival date” – shall mean the scheduled date of arrival of the traveller(s) or group in the country they visiting.
“Services” – means the provision of accommodation, transport, transfers, game viewing activities, tours or any other activities or services in addition or incidental thereto provided by Walthers and the procurement by Walthers of the provision of accommodation, transport, transfers, game viewing activities, tours or any other activities or services in addition or incidental thereto by any Service Provider.
“Terms and Conditions” – mean these standard terms and conditions of contract.
“Service Provider” – means any third party, including without limitation, hotels, lodges, airlines, air charters, coach companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodation, transportation, and/or other services.
OFFERS & PRESENTATIONS
All offers and presentations made by Walthers remain the intellectual property of Walthers and are made for the exclusive use and information of the CLIENT. The details of the offer including presentations, descriptions, photos, videos, and rates are strictly confidential and cannot be revealed or shared by the CLIENT with any competitors of Walthers.
Rates are calculated in good faith and quotations are valid for the services and dates requested. Rates are based on the requested number of participants and given dates. Rates are based on current exchange rates and local taxes effective on the date of executing the original price quotation. All rates quoted in the agreement are inclusive of Value Added Tax (“VAT”) at the prevailing rate of 15%. Should the prevailing rate change or another tax or levy be introduced during the duration of the agreement, Walthers reserves the right to amend the quoted rates accordingly.
The payment schedule and deposits are according to the Walthers itemized quotation offer. No booking is considered definite until the receipt of written confirmation from the CLIENT. Walthers reserves the right to cancel or not provide any service for which deposits were not received on the due dates, or have not been fully prepaid in accordance with the payment schedule.
All invoices are due and payable in South African Rands (ZAR), or where applicable United States Dollars (US$) or Euros (€), by bank transfer or credit card. Bank charges are for the clients account. For payment made by credit card, a further 4.5% will be charged to cover this cost (American Express and Diners credit card transactions will attract a 5% charge).
The final program invoice is payable within the stipulated payments schedule. All unpaid amounts will automatically bear 2% interest per month, effective from the date of invoicing. Acceptance of a Walthers offer shall imply acceptance by the CLIENT of all payment conditions. Payment of the stipulated deposit will be viewed as agreement to Walthers Terms & Conditions.
All cancellations must be notified to Walthers in writing. If the entire booking is cancelled within 3 (Three) months of arrival date, Walthers reserves the right to retain a 10% cancellation fee, on the value of the entire programme as per the most recent costing. Additional cancellation fees will be applicable on accommodation, air travel and other services provided as per the terms and conditions of individual service providers.
Partial cancellation and reduction of participant numbers may be accepted, provided that the number reduced does not increase the cost per person rate or cancellation penalties imposed by suppliers.
Final numbers for all services must be advised 30 (Thirty) days prior to the start of the programme. Final Banqueting numbers must be advised 14 (Fourteen) working days prior to the arrival date or else full cost of quoted numbers will be charged.
Final Terms and Conditions as well as payment and cancellation policies of selected accommodation and service providers will be provided upon receipt of written confirmation of the group or client travelling.
During the operation of the programme, the value of wholly or partially unused services for rooms or meals, transportation or any other service, will not be refundable unless Walthers themselves recover the costs involved. Prorated cost refunds cannot be made in connection with coaches, guides, couriers, portage, admission fees or similar minor items, or in connection with performing arts, venues, or other special-event tickets. Bank charges will be deducted from all refunds.
Walthers acts as an intermediary sourcing various products, accommodation, transport and other services on behalf of its CLIENTS. Based on experience and local knowledge Walthers will endeavour to source the most suitable services available within the budget and needs of our clients. As Walthers acts as an intermediary receiving a commission or management fee for our services, it remains the responsibility of the CLIENT to ensure the products and services sourced meet their requirements. Whilst Walthers will in good faith make suggestions as to the suitability of these products and services, we however cannot be held responsible should these services and products not satisfy the requirements of the CLIENT. Walthers strongly urges all clients to embark on a reconnaissance or inspection visit to personally ascertain the suitability of services and products sourced.
In making any arrangements under this agreement, neither Walthers nor any service provider or representative shall be liable for any injury, illness, harm, trauma, death to the CLIENT or any other passenger and/or loss of or damage howsoever caused, and the CLIENT indemnifies Walthers accordingly. Walthers, its directors, employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of Walthers employee(s).
Due to the fact that Walthers is only acting as an intermediary of the CLIENT, all risk inherent in utilising the services of the service providers, including, but not limited to, the liquidation of such service providers or the ramifications of such service providers not being registered with an appropriate international governing body requiring the maintenance of certain standards and/or safety regulations, shall remain with the CLIENT.
Should an international, domestic or charter flight be delayed or cancelled for whatever reason, Walthers cannot be held responsible for any costs that may be incurred.
The CLIENT will ensure that any special decorations or technical materials and equipment not supplied by Walthers, or its nominated service provider, will meet all local and national safety requirements and are properly and fully insured by the CLIENT. Full details of the above mentioned to be submitted to Walthers for approval. Walthers accepts no responsibility for any consequences arising out of none compliance with these conditions, and in such case the responsibility remains fully with the CLIENT.
Walthers carries the necessary professional liability insurance as required by the local laws and authorities in South Africa. If the CLIENT wishes to have additional coverage this must be done by the CLIENT at their own initiative and expense.
In the event of Force Majeure (such as e.g. Flood, Fire, War, Civil Commotion or Disturbance, Riots, Acts or Threats of Terrorism, Break-down of public services or Amenities) in the country where the programme takes place, which may affect the safety of Travellers or prevent the trip from taking place, the parties reserve the right to cancel any or all services under this agreement. In that case Walthers will endeavor to offer alternative arrangements or will refund to the CLIENT all recoverable amounts after deducting costs, disbursements, payments or charges.
VISAS & PASSPORTS
It is entirely the CLIENT’S responsibility to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The CLIENT is strongly advised to check the relevant requirements for their destination and any transit countries before travelling. Walthers will endeavour to assist the CLIENT if requested, but such assistance will be at Walthers discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, Walthers is not assuming any obligation or liability and the CLIENT indemnifies Walthers against any consequences of the CLIENT’S failure to comply with any such requirements. It is the CLIENT’S duty to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements.
PLEASE NOTE: In addition, a parent travelling with children, WITHOUT the other parent, will need a letter of consent from the absent parent and must produce an unabridged birth certificate for travel to South Africa or when transiting through South Africa.
Warning: Malaria and other tropical Diseases
Certain parts of the CLIENT’S itinerary may be areas where there is a RISK of malaria and other tropical diseases such as yellow fever. It is entirely the CLIENTS responsibility to check if any parts of their itinerary fall in risk areas and the CLIENT is strongly advised to take the necessary precautions in this regard and hence, we recommend that the CLIENT checks with their medical practitioner and/or travel clinic well before travel.
POPI (PROTECTION OF PERSONAL INFORMATION) / GDPR (GENERAL DATA PROTECTION REGULATION)
By choosing to contact Walthers for an offer and use Walthers services, you agree to the collection and use of information in relation to your inquiry. The Company or Personal Information that we collect, including but not limited to your name, phone number, postal address and e-mail, will be used to assure the best coordination for the required services, to contact or identify you.
By choosing to send Walthers an RFP (Request For Proposal) and contracting business with us, you agree to be included in our clients/prospects database and receive our news and updates. You can always at any time choose to unsubscribe from our newsletters, and request to be removed from our database.
GOVERNING LAW AND DISPUTE RESOLUTION
Walthers is a member of SATSA (Southern African Tourism Services Association.) SATSA member accreditation is checked annually. SATSA members are Bonded and Walthers has taken out public liability insurance underwritten by Lloyds of London (ensuring financial peace of mind). Walthers also conducts due diligence annually on every service provider.
Any of these Terms and Conditions which is or may become illegal, invalid or unenforceable in any jurisdiction shall, with respect to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if not written) and severed from the balance of these Terms and Conditions, without invalidating the remaining Terms and Conditions of affecting the validity or enforceability of any of these Terms and Conditions in any other jurisdiction.
All pictures in proposals and quotations are used in good faith to provide the CLIENT with a general impression of the destination, venues, and services and they do not constitute a promise or obligation for our company. Images are provided by Walthers and our suppliers and they can differ at the time of travel.
Walthers needs to be informed in writing by the CLIENT of any and all health, mobility and dietary issues prior to individual and group arrivals. If this information is not provided Walthers cannot be held liable or responsible for consequences arising from the failure to disclose relevant information.
We reserve the right to charge the CLIENT for extraordinary communication costs incurred on site, such as use of Walthers staff phones for international calls.
A gratuity of 10% is expected for good service in restaurants and hotels. All restaurants add an automatic 10-15% gratuity to group meal accounts. These are included in group meal prices ONLY if specified, otherwise please make allowances in your budget. Tips for Drivers and Guides are expected but are at the CLIENTS’ discretion.
Recommended gratuities for Game Rangers and/or Trackers for group bookings will be communicated on confirmation.
All meal prices are based on entry level menus, are a guideline only and are subject to seasonality and to final menu selection by the CLIENT.
We include a senior Walthers Event Manager to accompany the event where applicable. For advance party arrivals more than 24 hours ahead of the group arrival, additional costs may apply.
Timings and directions provided in itineraries are a guideline only and are based on information available at the time of travel.
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