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Terms & conditions

Ker & Downey® Africa Standard Payment Terms & Conditions and Cancellation Policy

These terms and conditions are applicable to bookings made directly with Ker & Downey® Africa and also apply to contact made and quotes generated through offline, online and affiliate channels including Safaribookings.

Read our Terms & Conditions for booking made during COVID-19 here

Ker & Downey® Africa > About > Terms & conditions

Section One

Deposit + payments

30% of the confirmed total booking value for all services other than airline reservations is payable in the form of a non-refundable deposit on the date of confirmation.

The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs and disbursements incurred by the Company and its service fees and in the event of any cancellation as provided for herein will be forfeited by the Client.

100% of the confirmed total booking value of all airline reservations is payable on the date of confirmation.

The balance of the confirmed total booking value for all services other than airline reservations is payable 70 days prior to the date of arrival.

100% of the confirmed total booking value payable at the time of confirmation for all bookings made less than 70 days prior to the date of arrival.

Peak Season Payment and Cancellation Terms:

Payment terms may differ due to specialist product and over peak seasons.

Cancellation fees

The following cancellation fees will be payable if the booking is cancelled:

30% of the confirmed total booking value if the booking is cancelled more than 71 days prior to the date of arrival.

100% of the confirmed total booking value if the booking is cancelled 70 – 0 days prior to the date of arrival or in the case of a no show.

* Cancellation fees may differ due to specialist product and / or peak season travel. Airline reservations are 100% non-refundable.

The Company reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Company or right of recourse by the Client.

Clients should also refer to the cancellation provisions contained in the Third Party Supplier’s T&C or website. Third Party Suppliers may charge cancellation fees over and above those stated above:

Payment methods

Ker & Downey Africa accepts two payment methods: 

• Wire transfer to one of our denominated accounts (ZAR, USD or EUR)

• Credit card payment via a secure payment link.

* Ker & Downey Africa accepts all major credit cards (Visa, Mastercard, American Express etc.). Please note we do not currently accept Diners Club.

Quotes + costs

Quotations are based on anticipated costs and are subject to amendment should these anticipated costs increase due to circumstances beyond the control of Ker & Downey Africa.

Quoted prices are typically per person sharing, double occupancy except where indicated. Prices include planning, handling and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. Ker & Downey Africa reserves the right to increase prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. Ker and Downey Africa is under no obligation to give a breakdown in costs of any journey. Modification of group experiences to accommodate a smaller group size will not affect the published program price.

Travel insurance

It is compulsory to have comprehensive insurance cover. Written documentary proof of such cover to be submitted to the Company with a signed quotation. Such cover should include amongst others cancellation due to illness, accident or injury, personal accident and personal liability, medical expenses for medical emergencies, repatriation, expenses associated with the cancellation curtailment of a tour, loss of or damage to baggage and sports equipment, field evacuation and travel delays (Note that is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

We recommend purchasing travel insurance through Ker & Downey® Africa. We are proud safe travel partners of a global insurance company called Global Rescue. Your dedicated travel expert or concierge will gladly book this on your behalf and recommend the best possible cover for your specific itinerary.

Section Two

Included services

The following is intended to be indicative only. Ker & Downey Africa accepts no liability for any mistakes or errors in the calculation of the advertised price which is based on the anticipated costs of the particular experience. A Ker & Downey Africa sample itinerary on the website will typically include the following services in the advertised price:

• All internal (domestic) flights and accommodations as noted in the basic itinerary; all meals as specified; arrival and departure transfers; Meet & Greet on international arrival; sightseeing, park and entrance fees; local bottled water during sightseeing; selected beverages with group meals; local taxes.

• Cape Town experiences – the services of a Ker & Downey Africa Customer Experience Coordinator during your stay in Cape Town.

Excluded services

International and internal airfares unless otherwise specified in the basic itinerary; costs associated with obtaining passports or entry visas; airport departure taxes, unless otherwise specified; excess baggage charges; gratuities; meals other than as specified in the basic itinerary; beverages other than noted in your final confirmed itinerary; sightseeing not included in the final confirmed itinerary; and personal expenses such as laundry, communication charges unless otherwise specified in your final confirmed itinerary; and optional activities (which are subject to availability).

Unforeseen circumstances

Accommodations, including vessels and trains, and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Ker and Downey Africa’s control.

Special requests

Special requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that while every effort will be made to secure a special request, it cannot be guaranteed in advance of travel.

Active elements

Some active elements have been incorporated into select experiences. To enjoy those experiences as intended, a minimum level of fitness is required. Ker & Downey Africa will require notice if any participant has any physical or other condition or disability that could create a hazard to him or herself or to other members of the group. Ker and Downey Africa reserves the right to decline acceptance of anyone whom it considers unsuitable due to fitness level. Should you have any questions or need any clarification about a specific program, please ask your Adventurist for details at the time of booking.

Section Three

Passports + visas

Valid passports are required for all international destinations. Please note that guests are responsible for obtaining the required documentation applicable for entry. Passports must be valid for six (6) months after the return of your journey and should also have sufficient blank pages for visas and immigration stamps. For travel to South Africa, guests must have a minimum of two blank pages in their passport for visas and immigration stamps. Ker and Downey Africa cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements.

A copy of your valid passport must be submitted to Ker and Downey Africa in order to confirm air reservations made through Ker and Downey Africa.

It is furthermore entirely the Guest’s duty to ensure that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with a medical practitioner who is well versed with the prevailing conditions and requirements of the country(ies) you intend visiting before travelling. If the Company assists the Client in any way, such assistance will be at the Company’s sole discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of such assistance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical challenges the journey may entail and the Client must accordingly be in an adequate condition for the Proposed Travel Arrangements.

Please note that all visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three (3) blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed timeously. The client must ensure that the details supplied to the Company mirror those details shown on their passport for international travel and ID documents for local travel.

Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore caution should be taken when your countries of transit or final destination issue visa on arrival. These must not be taken for granted and ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.

Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise the Company how far your pregnancy is when traveling, as some service providers have restrictions.

ABRIDGED BIRTH CERTIFICATES FOR CHILDREN – PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS.

Malaria and other tropical diseases warning

Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases.  The Company strongly recommends that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

Certain areas also require Yellow Fever Vaccinations of which the certificate must be carried and produced when required. Yellow Fever Vaccinations last for up to 10 (Ten) years and inoculation is required at least 2 (Two) weeks before your departure from country of origin.

PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries – where the countries you are travelling to issue such a cautionary and it comes to the Company’s attention it will convey it and/or provide an appropriate link to you. However it is your duty to check your destination on the Internet for any such cautionary before you travel as the state of the country in terms of not only health but also security (such as recent terrorist attacks) can change overnight.

Air transportation

International airfares are not typically included in experience pricing. Ker & Downey Africa has special agreements with flight specialists and can offer quotations from any gateway. Please ask your Adventurist for details.

All international and internal air quotes are subject to change and can carry penalties and surcharges until final payment has been received by Ker and Downey Africa. Flight confirmation is based on availability. Please note that certain airfares are subject to a service fee.

Airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. These experiences may use the services of any IATA carrier. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket or e-ticket receipt, or on the carrier’s web site, and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.

These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation and baggage provisions and the Client MUST read ALL the applicable conditions BEFORE you pay for the ticket. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee .Any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Client’s rights of recourse as a consequence of over-booking are determined by the Consumer Protection Act, Act # 68/2008 (‘the CPA’). Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult the Company about refunds for unused tickets as strict deadlines apply.

Limits on liability

Ker & Downey South Africa (Pty) Ltd (trading as Ker & Downey Africa – referred to as KDA), its subsidiaries, its employees, shareholders, officers, directors, successors, agents and assigns (collectively “KDA”), does not own or operate any entity which is to or does provide goods or services for your experience. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, whilst the Company vets and selects such independent suppliers with the utmost care and circumspection, KDA is not liable for any negligent or willful act of any such person or entity or of any third person.

Furthermore and without limitation, KDA is not responsible for any injury, financial or physical loss, death, inconvenience, delay or loss of or damage to personal property in connection with the provision of any goods or services whenever and however the same may occur and whether resulting from but not limited to any act, omission, default, or negligence on the part of any of KDA whatsoever, acts of God or force majeure, illness, trauma, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time, delays or inconvenience.

The Client indemnifies and holds harmless KDA accordingly and irrevocably waives any claims as aforesaid. The Indemnified Parties shall furthermore not be liable for any consequential or indirect or economic loss or damage whatsoever, unless section 61 of the Consumer Protection Act applies.

There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these experiences take place in remote locations, far from medical facilities. Passenger assumes all such risks associated with participating in these experiences as such and the entire journey per se.

Travel advisories

It is the responsibility of the traveler to become informed about the most current travel advisories and warnings by referring to the U. S. State Department’s travel website at travel.state.gov or by phone at 888 407 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the experience, should the traveller still choose to travel, notwithstanding any travel advisory or warning, the traveller assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

Dispute resolution

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

  1. Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the mater amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of  AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
  2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application

Section Four

Travelers’ representation

The traveler represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. Ker & Downey Africa reserves the right to decline to accept anyone on a experience, and to remove from the experience, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the experience. Any payment to Ker & Downey Africa constitutes your acceptance of the terms and conditions set out herein and in more specific pre-departure passenger documentation, including the personal information form.

The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered or goods supplied, is deemed to have read, had explained (where applicable), understand and accepted the terms and conditions set out herein and to have the authority to do so on behalf of the person, persons or group or entity in whose name or on whose behalf the enquiry is made or advice sought or estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered and/or the goods supplied (collectively referred to as ‘the Client(s)’).

Accommodation key

The key set out below is intended only as a guide to the broad basis of the various properties we feature on our website. Your Adventurist will inform you of the exact details of the includes/excludes in the nightly rate as part of their proposal:

BB = Bed & Breakfast – breakfast is included in the price.

BBD = Bed, Breakfast + Dinner – breakfast and evening meal are included in the price.

FB = Full Board – breakfast, lunch and evening meals are included in the price.

FI = Fully Inclusive – all meals and certain drinks are included in the price (the exact details of which drinks are included in the price will vary between properties). Fully inclusive usually indicates that all game viewing or other actives are included in the price.

A late booking fee of R 300.00 per booking will be charged in respect of bookings and/or amendments received within 4 (four) working days prior to the departure date & for 2 (two) working days or less R400.00 per booking. This charge is levied to cover communication expenses involved. An amendment fee of R 100.00 per booking will be levied for any changes to the confirmed itinerary.

COVID-19

COVID – It is common knowledge that travel in particular has been affected by major challenges arising from the Covid 19/Corona Virus (‘Covid’) which has been declared a pandemic by the World Health Organization (‘WHO’). Covid  can be transmitted from person to person inter alia by contact and respiratory means and that it is essential to follow guidelines and precautionary measures issued by the WHO and various governments. Each country has its own entry and exit requirements and it is the sole and exclusive duty of each traveler to familiarize themselves with such prescribed guidelines and precautionary measures AND entry and exit requirements of each country they intend visiting and/or which is reflected in their final itinerary. The Company is not liable for any consequence of non-compliance with this clause and/or the impact of Covid on your booking.

Force Majeure

DEFINITION

The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements:

*           Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, storms, floods, earthquakes, earth tremors, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, subsidence, lightning strikes, fire  and other natural disasters;

*           Industrial action such as strikes and lockouts, riots, protests and protest action, whether of a political nature or not;

*           War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott;

*           Epidemic, pandemic or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution;

*           Any other event that is due to an irresistible force, unavoidable and external accident;

*           Breakdown of public services and amenities;

*           National and/or regional border closures and international, national and/or regional or transport travel or transport bans or restrictions whether taken and/or implemented by the government of any country included in the client’s travel itinerary;

*           The geographic location, origin and/or epicenter of the Event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties;

Qualifying requirements

The parties agree that the above prima facie force majeure events (‘the Event’) will only qualify as such if all of the following conditions are met:

*           The party invoking force majeure (‘the Force Majeure Party’ – ‘FMP’) must immediately advise the other party (‘the Force Majeure Recipient’ – ‘FMR’) in writing;

*           The Event must not be due to the fault, negligence or breach of contract on the part of the FMP;

*           The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and NOT simply difficult, burdensome or economically onerous to carry out;

*           The FMP uses and has used due diligence and its best commercially reasonable endeavours to overcome and/or remove and/or alleviate and/or mitigate the Event;

*           The FMP must mitigate its own damages;

*           The FMP must take all reasonable steps to avoid non-performance;

*           Any steps taken by any country’s government must be as a result of the Event which results in and meets any one or more of the above Qualifying Requirements;

*           The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent

Remedies

*           If the parties are in disagreement about the Definition or the Qualifying Requirements, the parties will apply the Dispute Resolution clause of the Conditions;

*           If any one or more of the qualifying criteria are not met, the FMP will have the option to agree a postponement with the FMR and the contract will be performed at the postponed date or the FMP can cancel the contract and the cancellation provisions will apply.

*         If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavors to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavours to reimburse the FMP all monies received from it and paid to third party service providers which it manages to recover less irrecoverable disbursements and a reasonable management and service fee.

Entire Contract

 The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company’s Privacy Policy) constitute collectively the entire terms of the relationship between the parties.  There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated or presented on behalf of the Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. The Company reserves the right to revise these conditions from time to time – each revision will be dated and posted on its website.