These General Terms apply to any offering and all services provided by Madiba Travel B.V. (hereafter ‘Madiba Travel’).
Madiba Travel formalises its travel services through a so-called Travel Arrangement (“Travel Arrangement”), which specifies amongst others your itinerary, accommodation details and price. The General Terms form an integral part of your Travel Arrangement.
Your Travel Arrangement constitutes a legal agreement between Madiba Travel and you as our client. The Travel Arrangement must be signed by you and accepted by us. It will not be binding on Madiba Travel until after receipt of a signed copy of your Travel Arrangement (in writing, scanned or by fax).
After our acceptance of your Travel Arrangement, we will confirm this and we will then also forward you an invoice for the total fare. The total fare is due 45 days prior to departure date. In the event that the Travel Arrangement is made within 45 days prior to departure date, the entire fare is due immediately.
Our prices quoted include: all accommodation, transport, meals, transfers, guide services and other services, planning, handling and operational charges as indicated in your Travel Arrangement. Our prices do not include: items not specified in your Travel Arrangement, personal expenses, bar bills and excess hotel charges, green fees, tips, airport taxes, international air fares and other overseas costs such as: visas, vaccinations and travel insurance.
Our prices also do not include expenses resulting from delays due to operational and other considerations or events, including but not limited to: bad roads or trails, water levels, weather, international or domestic flight cancellations, strikes, government action, sickness, war, quarantine, force majeure or political disputes.
Our quoted prices are based on current rates of exchange, tariffs and taxes. We reserve the right to increase our prices to cover increased costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets.
In case of late arrival, you may lose your right to travel and/or be subject to no show/cancellation fees, of up to 100%. Moreover, you agree to pay for any additional costs related to changes that Madiba Travel make to your Travel Arrangement or expenses incurred which were made to accommodate the consequences of late arrival.
Our cancellation policy is as follows: cancellation of your Travel Arrangement should be put in writing by the person whose name is on the Travel Arrangement. Cancellations received 45 days or more prior to departure will be subject to a cancellation fee of EUR 800 per person. Cancellations received less than 45 days prior to departure will be 100% of the total fare. In case of cancelling due to flight and travel restrictions caused by a Pandemic, there is no cancellation fee.
Travel Arrangement changes by you
Please indicate any proposed changes to your Travel Arrangement as early as possible (such as a change of itinerary, number of passengers, dates, not travelling together, change of food or other supplies, any partial cancellation of the Travel Arrangement etc.). Any costs associated with a change are born by you. We cannot guarantee that requested changes can be accommodated. The sooner a request is known, the better the chances and the lower the associated costs. Madiba Travel reserves the right to charge a minimum handling fee of EUR 100 for a change if it requires much work (will charge only if agreed with you beforehand). If your change request is not accepted, the original Travel Arrangement (including your payment obligations) will remain in force. You also have the option to cancel the Travel Arrangement, subject to the terms below. A change will become binding only after agreed in writing or by email.
Travel Arrangement changes by Madiba Travel or due to circumstances
Your Travel Arrangement, also after confirmation by Madiba Travel is still subject to change by Madiba Travel or a supplier, for instance due to operational and other considerations or events, such as road conditions or trails, water levels, weather conditions which dictate contingencies international or domestic flight cancellations, strikes, government action, sickness, war, quarantine, force majeure, political disputes, airline fuel charges, tax increases, price increases of suppliers, unforeseen technical difficulties, etc. (see also above “Prices”). In case a change leads to an increase of more than 15% of a Travel Arrangement confirmed by Madiba Travel and a significant change of itinerary, you will be entitled to cancel the Travel Arrangement within 7 calendar days after the price increase is notified. Contrary to its normal cancellation policy, in such a case all deposits received by Madiba Travel shall be refunded to you, but always to the extent that Madiba Travel is refunded by its suppliers. You will not be entitled to any refunds, unless this follows from our refund policy.
Claims must be received as quickly as reasonably possible. If shorter claim periods of suppliers apply, Madiba Travel cannot guarantee that a claim can be accommodated. Claims should, in any event, (a) be submitted by email within 15 days as well as (b) in writing within 30 days of termination of the trip, to Madiba Travel B.V, Thorbeckelaan 7, 3445 XL Woerden, The Netherlands with supporting documentation.
In order to meet its statutory obligation to provide a guarantee, Madiba Travel makes use of the guarantee scheme provided by VZR Garant (www.vzr-garant.nl).
You can check that htis is the case by visiting VZR Garant’s website and verifying that the organisation is listed as a participant. VZR Garant’s guarantee applies within the limits of its Guarantee Scheme (which can be found on VZR Garant’s website). The Guarantee Scheme specifies th exact (travel) offering to which VZR Garant;s guarantee applies and what the guarantee entails. If services are not provided due to financial insolvency of Madiba Travel, you can contact VZR Garant, which has its offices at Torenallee 20, 5617 BC te Eindhoven, Nederland, by sending an email to email@example.com or calling +31 (0)85 13 07 630.
Visa, health and insurance
It is your own responsibility to be in the possession of all necessary travel documents that may be required in respect of your itinerary, as well as all health and other certificates that may be required. At your request we can provide you with more information or contact details for more information on these matters.
Although we strive to make your trip as enjoyable and safe as possible, it is your own responsibility to make sure you are fit enough to make the intended trip. It is extremely important that you make any medical problems known to us well before departure. Please contact us before you book should you have any specific health questions or concerns. Be aware that you are travelling in remote geographical areas which may have limited standards of hygiene, sanitation facilities, medical treatment and that medical service, including the presence of a physician or any other trained medical professional and availability of prescription type drugs may be limited or altogether absent.
We strongly recommend you obtain cancellation insurance and general travel insurance, including but not limited to coverage of health insurance and repatriation costs in case of any emergency.
All baggage and personal effects are at all times at your risk, even when handed to personnel of Madiba Travel or its suppliers. We will not be responsible for any loss, damage or accident to any luggage and property.
Flexibility, general conduct
Whilst we will do the utmost to make you travel as comfortable as possible and to closely adhere to the planned itinerary, you are expected to be flexible and open-minded as to any delays or last-minute changes to the itinerary. We cannot be held responsible for delays or alterations in the itinerary, or for expenses incurred, owing to operational circumstances or events, including but not limited to: bad roads or trails, water levels, weather, international or domestic flight cancellations, strikes, government action, sickness, war, quarantine, force majeure or political disputes.
In Southern Africa, specific rules and codes of conduct apply for visitors of parks, communities and campsites. The guides and/or driver-guides and/or camp managers designated to you are responsible for ensuring that our clients observe to these rules and codes of conduct. You should strictly follow their instructions at all times. If the applicable rules, codes of conduct or the instructions by the guide or driver-guide in respect thereof are not observed, Madiba Travel and its associated companies reserve the right to terminate a tour or specific part thereof, or expel a person from a tour or specific part thereof. In these circumstances we shall not be liable to make any refund, and you will have no claim of any nature whatsoever against Madiba Travel or its associated companies. You – at your own cost and at your responsibility – will be obliged to make your own way home.
We reserve the right without giving further notice, to make use of any photographs or film produced by ourselves during any of our trips for general publicity purposes without payment or permission.
Limitation of responsibility
You acknowledge that there are dangers and risks inherent in the travelling to Southern Africa and agree to assume all the risks connected with or arising out of all aspects of your Travel Arrangement, and you waive any rights which you or your assigns or successors-in-title, dependants or heirs may have against Madiba Travel or its staff, agents or companies associated with Madiba Travel or with your Travel Arrangement, in respect of your death, personal injury or other loss which you may sustain connected with or arising out of the Travel Arrangement, unless it can be proven that your death, personal injury or other loss is the direct result of gross negligence or wilful misconduct by Madiba Travel or any party for which Madiba Travel is legally responsible under the Travel Arrangement. In any event, you acknowledge that the combined maximum indemnity by Madiba Travel, its staff, agents and associated companies for all events and for all persons under the Travel Arrangement is limited to the minimum of either the actual costs incurred (consequential damage is not accepted!) or the total price of the Travel Arrangement, whichever is lower. When Madiba Travel is booking or purchasing transportation, hotel accommodations, restaurant or other goods or services from various suppliers on your behalf, Madiba Travel cannot be held liable for death, injury or any other loss that may occur. You and the persons of your group may be requested to sign a waiver upon arrival and/or before certain additional risk elated activities.
Basis of agreement, applicable law
Your Travel Arrangement constitutes the entire terms of the relationship between Madiba Travel and you as our client. No other terms and conditions exist regarding our relationship. The Travel Arrangement shall only be deemed valid after it has been signed by you and accepted by us in writing. You acknowledge that save and except for what has been stated herein, there exist no warranties, representations, guarantees, promises, undertaking or inducements of any nature by Madiba Travel whatsoever, and that no amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by Madiba Travel and yourself.
Where you are travelling with other person/s, you shall be deemed to have warranted that you are authorised on behalf of such other persons to bind them to your Travel Arrangement. You accept personal liability for the entire Travel Arrangement, whereas the other persons accept personal liability for their part of the Travel Arrangement.
We use your Personal Information only for providing our suppliers and improving communication between us and our client. By booking your trip, you agree to the collection and use of information in accordance with this policy.
While using our services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personal identifiable information may include, but is not limited to your name (“Personal Information”). We may use your Personal Information to contact you with newsletters, marketing or promotional materials.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Madiba Travel Terms version 5.0 September 2021