Terms & Conditions
TERMS & CONDITIONS
PlanetKruger.com is a Kruger park-specific brand of Vibgyor Africa PTY Ltd (referred to as “Vib”).
All bookings made through planetkruger.com are subject to the terms and conditions of Vib which are as follows. In the event you require any clarification in this regard, please email us at email@example.com or firstname.lastname@example.org and we will respond to you as soon as we can.
- In case a group of guests are taking the tour offered by Vib, one of the members of the group will need to be nominated by the others as their “Representative” and we will coordinate only with such Representative. Such Representative will have the authority to make bookings and sign the booking form on behalf of the other members of the group.
- Any references made to ‘you’, ‘your’ or ‘Guest’ in this document refers to the person, the Representative or all Guests listed in the booking form at the time of booking the tour with Vib and shall also include any guests added or substituted after the date of booking, as the context may require.
- All references to ‘we’, ‘us’, ‘our’, or Vib’ refers to, Vibgyor Africa PTY Ltd company incorporated under the law of South Africa
- Any person or the Representative booking a tour and signing the booking form with Vib must be at least 18 years of age when the booking is made. He/she must be authorized to make such bookings subject to the following terms and conditions, on behalf of all persons mentioned in the booking form.
- Any booking made through Vib will constitute a contract of service between the Guest making the booking and Vib (please see definition in Clause 1 above) and shall be subject to terms and conditions listed below.
- For your reservation to be confirmed, you/the Representative will need to sign and complete the booking form and pay a non-refundable deposit of 25% (per person) of your total tour price for securing a booking of the tour.
- The remaining balance of the tour price must be paid in full at least 60 days prior to departure date of the tour, failing which we reserve a right to deem the booking as cancelled and apply the cancellation penalties.
- In case the booking is being made within 60 days from the date of departure of the tour, all payments have to be made in full.
- By signing the booking form, the Representative confirms that he/she is authorized to do so on behalf of the other members in the group and that all members agree to be bound by these terms and conditions. All guests added or substituted after the booking form is signed and the initial deposit is paid shall be deemed to be bound by these terms and conditions. The Representative is responsible for making all payments due to us under these terms and conditions.
- The contract between the Guest and Vib comes into existence once the booking form has been signed and initial payment made. Subsequently the booking will be subject to amendment/cancellation rules appended below.
Revisions to the Tour Price
- While Vib utilizes its best efforts to ensure accuracy of the tour price, it reserves the right to change the prices as a result of factors beyond Vib’s control including instances of extraordinary fluctuation in foreign currency prices, fuel costs etc. In such a case we shall notify you of such change as soon as possible.
- Please note that prices of commodities in the destination countries, taxes and other public regulations of the destination country, that are applicable at the time of preparation of the itinerary, are factored in while arriving at the tour price. We have no control over any increases in such prices or tariffs, including where such increases are implemented during the tour. We reserve the right to amend the tour price to account for such increases / fluctuations.
- In above case, we shall levy a surcharge only if the escalation in the tour price exceeds 2% of the total cost of your holiday. Likewise a refund will only be payable if the decrease in the tour price exceeds 2% of the total cost of your holiday.
- If the escalation in the tour price is greater than 15% of the cost of your holiday, you will be entitled to cancel your booking and receive a full refund or alternatively purchase another holiday from us.
- Our tour price includes only those services/items that are listed as ‘Inclusions’ in the tour itinerary. There may be a list of activities that are optional and the costs for such activities are not included in the cost of the tour itinerary. Should the Guest wish to undertake such activities that are optional, the Guest would have to pay additionally for the same. Such payments may be accepted by Vib in certain cases and in other cases, the Guest can make the payments directly to the independent service providers providing such activities.
- Please note, we cannot accept responsibility or liability for any services which do not form part of our contract. All services or facilities that are optional and those that are not included in the cost of the tour itinerary do not form part of our contract. This includes, any additional services or facilities, which the hotel or any other person agrees to provide for you or any excursion or day tour you may choose to purchase while on tour.
- Gratuities are not included in the tour price. Usually tipping is at your discretion and should you want to give a tip, you can take advice on what is a generally acceptable amount from your tour leader or your pre-departure pack. However, please not that in certain cases tipping may be mandatory and has to be provided directly to the tour leader/staff etc., in such cases, we will advice you of the same in the pre-departure pack.
Cancellations by the Guest
- You may cancel your booking at any stage prior to departure in writing. Notice of cancellation will be effective only when we receive an email in this regard at email@example.com and we confirm receipt of the same by responding to your email. Insurance premiums, non-refundable payments such as payment for certain activities, monument fees, park fees, etc., and amendment charges are non refundable in case of cancellation. Cancellation by you:
- More than 90 days before departure – the non-refundable deposit amount (25% of the total tour cost) will be forfeited
- 90 days to 45 days before departure – 50% of the total tour cost will be forfeited
- 45 days to 30 days before departure – 75% of the total tour cost will be forfeited
- Less than 30 days before departure – 100% of the total tour cost will be forfeited
- No Show – 100% of the total tour cost.
- Vib cannot assume any responsibility or liability to pay refunds if your flight is cancelled or if you are unable to board the flight. It cannot be assumed that you automatically accrue the right to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
Amendments to the tour by the Guest
- Should you wish to make any changes in your confirmed booking you must notify us in writing as soon as possible. Send us an email at firstname.lastname@example.org. Such a change will be subject to availability of alternative arrangements desired by you and maybe subject to certain payments such as costs of airfare, cancellation penalties by resorts/hotels/transportation providers etc. We shall advice you of the supplementary payments to be made at the earliest after checking with our suppliers. In cases of group trips, amendment to a confirmed booking will be further subject to:-
- Place being available on alternative dates/tours; and
- Payment by you of an administrative fee that we may levy together with any costs incurred by ourselves and any cost or charges incurred or imposed by any of our suppliers.
For flight inclusive bookings the charges are likely to be full cost of the flight as per the regulations of the airlines and the booking conditions of your tickets.
- Please note that any requests for amendments by the Guests should be made at least 60 days before the departure of the tour.
- In case a Guest wishes to transfer a booking to a nominee of his/her choice, this shall be subject to availability of alternative arrangements and may be subject to supplementary payments. For flight inclusive bookings the charges are likely to be full cost of the flights as per the regulations of the airlines and the booking conditions of your tickets. All requests for transfer of bookings by Guests should be made at least 60 days before the departure of the tour.
- In the event that you join the tour after departure date or leave before the completion of the tour, you shall not be liable for any refunds or rebate from Vib.
Cancellations and amendments by Vib
- Certain holidays featured as Group Trips in Vib”s website/brochure require a minimum number of participants before we can operate them. The applicable minimum number depends on various factors and varies from tour to tour. We promise to advise you no later than 6 weeks prior to departure if we have to cancel your holiday due to lack of numbers. In most cases, we will be able to provide you an option of tailor making the same holiday on a private basis and not as a group departure. This may involve changes to the tour costs, which we promise to advise you on at the earliest.
- Whilst we will always endeavor to avoid changes and cancellations, we reserve the right do so. In case of a minor change before departure or during the tour, we will advise you but we are not obliged to pay you any compensation. In case of a major change before departure such as changes in mode of internal travel, destinations covered in the itinerary etc., we shall offer you choice of following options –
- (i) Accepting the change;
- (ii) Purchasing alternative holiday from us of equivalent or lesser price. In case of cheaper holiday we shall refund the price difference;
- (iii) You may choose altogether new holiday at a higher price. The advance already paid shall be adjusted in this booking; or
- (iv) Cancelling the tour and accepting a refund.
- Procurement of comprehensive travel and cancellation insurance is advised before embarking on any of our tours. You must ensure that you have all necessary insurance coverage to cover costs in the unfortunate event of cancellation of tour, medical cost, repatriation and cost of air evacuation should sickness or injury necessitate it. You can arrange for buying such insurance from your preferred agent.
- Vib may request you to provide proof of all insurance policies prior to the departure date. You would have to provide us all the papers related to insurance in case such request is made. In the event you are not able to furnish proof of all insurance policies to Vib, we may in our discretion, exclude you from the tour and such cancellation shall be subject to payment of cancellation penalties set out in these terms and conditions.
- The Guests are responsible for all baggage and personal effects brought by him/her on the tour and Vib shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising. Due to the nature of holidays that we at Vib offer and the limited space in the safari vehicles/cruise vessels, we may sometimes advise limitations on the amount and type of baggage to be carried by you on your tour. These limitations are primarily for your comfort and convenience. We will advise you in this regard and will provide relevant information in the pre-departure pack.
- The Guests acknowledge that the tours offered by Vib may sometimes involve intense physical activity and a certain measure of physical fitness would be required to undertake the tours. You (in case of a guest who is less that 18 years, the legal guardian or the parent) must ensure that you are physically and medically fit to embark on the tour. Should you require more information about the level of physical activity on your tour or the measure of fitness required, please contact us for the details.
- Where the Guest is over the 65 years of age, Vib advises that such Guest undergoes a thorough medical examination and confirms from the doctor that he/she is medically fit to undertake the tour.
Compliance with laws, park ethics, etc.
- The Guest must at all times comply with the laws, customs and foreign exchange regulations of all destination-countries visited during the tour.
- The Guest hereby agrees and acknowledges that Vib (acting through its representatives, agents and/or employees) reserves a right to exclude a Guest from a tour in case such Guest indulges in any form of disruptive practice, dangerous or potentially dangerous behaviour or behaves in a manner that is likely to upset, cause distress or annoyance to other passengers, local population or any other third parties.
- In case of the above, Vib shall not be liable to pay any refunds, costs and/or expenses to the Guest who has been excluded from the tour. Such Guest shall not have any rights to claim any compensation or rebates due to such exclusion.
- Any loss or damage sustained by us, our representatives, employees, suppliers, owners of lodges, other Guests on the tour etc., due to any negligent activities by any Guest shall be to the account of such Guest. In case damages are sustained by the owners of the lodges or any of our suppliers, payments to make good such damages or loss shall be made directly to such lodge owner or supplier. In case of any injury or loss to any of our representatives, employees or other Guests, you shall pay such amounts to us, and such amount shall be duly passed on to the injured party. If you fail to do so, you will be responsible for meeting any claims subsequently made against us together with relevant legal costs incurred by Vib and such injured party.
- We at Vib will do our very best to ensure that our Guests get the best from the tour selected by them and that they enjoy their holiday experience. However, we expect our Guests to understand we have to follow certain precautionary standards while on our tours that deal with animals in the wild. We expect our Guests to adhere to park ethics and not to cause any sort of disturbance or annoyance to the animals or their habitat. We advise our Guests to be sensitive to the animals and respect them and their space. Please refrain from teasing animals, littering, throwing plastic, damaging fauna and collecting specimens from the natural world for example, bones of animals, plants or insects. We reserve the right to terminate a Guest’s holiday, in case he/she is violating the requirements of this paragraph. In case we are compelled to terminate a Guest’s holiday, such Guest will be required to leave the accommodation or other service. We will have no further responsibility toward such Guest including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- Vib may at times be forced to cancel or alter the tours due to the occurrence of unforeseen circumstances, such as war, nuclear disasters, industrial disputes, mechanical breakdowns, bad weather, riots, civil unrest, natural calamities, epidemics, pandemics, strikes, curfew, etc., that are beyond our control. We shall in no event be held liable for any of these possible occurrences or any consequences, which may arise as a result of such events of force majeure. We will not be liable to make any refund or pay any compensation in case of cancellation/alteration of tours due to the occurrence of such events of force majeure.
- In case there are any complaints on the tour or facilities provided, whilst on the holiday, you must immediately inform the tour leader and/or the supplier of the service in question (for example, the owner of the hotel where accommodation is provided) who will do his/her best to remedy it. If he/she is unable to do so, we request you to make the complaint by email within 14 days of the completion of your holiday, and we will do our best to remedy/address the issue.
- On booking, each of our Guests will be given a tour dossier and a pre-departure pack. You must go through the documents contained therein and understand the same before travelling. In case of any queries, please feel free to contact our representative that is handling your booking. You can either call us or e-mail us at email@example.com.
- It is your sole responsibility to ensure that you have a valid passport, visas, health certificates, proof of vaccinations and any other documentation as may be required under the laws and regulations of the countries of destination to be visited during the tour. All costs incurred in obtaining such documentation must be paid by you.
- Vib shall not be held liable for any consequences, damages or claims if you do not have or obtain any necessary travel documentation. Vib shall not be liable to make any refunds in case you are not able to go ahead with the tour because you have not obtained the necessary documentation.
- Please note that the visa application forms and requirements under such forms undergo frequent changes and therefore we strongly advice you to check the up-to-date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.
- It is the Representative’s responsibility to ensure that all members of the group are in possession of all necessary travel and health documents before departure. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in levy of fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Indemnification and Exclusion of Liability
- The Guests hereby agree and accept that the tours conducted by Vib are of an adventurous nature and may involve an element of personal risk.
- We promise to make sure that the holiday arrangements we have agreed to make, as part of our contract with you, are made with reasonable skill and care. Please note that it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or fail to do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
- We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- (i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
- (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
- (iii) occurrence of events of ‘force majeure’ as discussed in clause 13 above.
- Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, any additional or optional services or facilities which your hotel or any other supplier agrees to provide for you. Please also see clause 17 “Additional Activities and Brochure Information”. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
- The arrangements that we have promised to provide to you as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.
- Please note, we will not be liable to pay any damage, loss, expense or other sum(s) arising from any claim or part of a claim (including those involving death or personal injury) relating to travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel.
- We cannot accept liability for any business losses.
- In case you decide to make a claim against us, you are required to provide us and our insurers with all assistance that we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 14 above. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
Additional Activities and Brochure Information
- The prices printed on the brochure and true and correct at the time of printing and may undergo some change due to factors such as increases in fuel prices, foreign currency fluctuations etc. Please contact us at firstname.lastname@example.org or visit our website for the latest prices for the suggested itineraries.
- The information pertaining to the travel itineraries contained in our website/brochure is correct to the best of our knowledge at the time of uploading on the website/the brochure going to print. We may provide you with information (in our brochure and/or when you are on holiday) about optional activities and excursions which are available in the area you are visiting.
- We have no involvement in any such activities or excursions which are not run, supervised or controlled by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 16 of our Terms and Conditions will not apply to them.
- We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
- If you have any special requests, you should inform us of such requests prior to departure. We will advise the relevant supplier of your requirements but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met.
- If you or any member of your party has any medical problem, allergies or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing/by email at the time of booking. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
Single Room Supplements
- Nearly all the cruise liners, lodges and hotels we use charge single room supplements. If you particularly wish for a single room, we are normally able to provide one for you at the supplement price listed for each tour. If you wish to share (to avoid the supplement) we can try to match you up with someone else of similar age and sex, also wishing to share. If we are unable to do this, we regret that the single supplement must be charged (although sometimes at a reduced, negotiated rate).
- We regret we are not in a position to offer you any assistance in the event of delays by airlines at your outward or homeward point of departure. Some of the Airline carriers may sometimes provide refreshments, temporary accommodation, shower facilities etc.
Conditions of Suppliers
- Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions.
Applicable Law And Jurisdiction
- These terms and conditions shall be deemed to have been concluded in India and shall be interpreted according to the laws of South Africa.
- You consent to the jurisdiction of the Courts of Cape Town, South Africa.
- Notwithstanding the aforesaid, you must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
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