Terms And Conditions
1. Disclaimer and Indemnity
1.1 By booking a Tour, the Client accepts the potential risks inherent in Tour participation and indemnifies the Company, its directors, shareholders, and employees against any loss, injury, sickness, death, or damage to self, property, or vehicles suffered in relation with the participation in a Tour or Adventure Activity. The Client waives any rights to claim for damages for any loss or injury suffered in connection with the participation in a Tour or any Adventure Activities.
1.2 Clients with pre-existing medical conditions should consult their physicians before joining a Tour or Adventure Activities. They must inform the Company of such conditions when booking a Tour. If they participate in the Tour and/or Adventure Activities, they indemnify the Company against any harm or adverse reactions suffered. They must also ensure that they carry the necessary medication for their pre-existing medical conditions.
1.3 The Client warrants that the vehicle used during the Tour is in proper working condition.
1.4 The Client warrants that they and any minor children under their care are medically fit to participate in the Tour.
1.5 The Company takes precautions during its development but does not guarantee that the Website is free from malicious code such as viruses, worms, and Trojan horses.
1.6 The Company is not responsible for any loss or damage resulting from the use or inability to use the Website.
1.7 The Company disclaims direct or indirect liability for damage that might arise out of the use of the Website, its content, or services sold.
1.8 The Company is not liable for the content of websites to which this Website links.
1.9 The Company has not customized the Website to suit individual Client requirements.
1.10 The Company is not liable for any submissions made by its employees in email communications that cause damage to the Client or Third Parties.
1.11 The Website is provided "as is," and the Company makes no warranty as to its use, availability, or performance. The Company does not guarantee that the Website is error-free.
2. Client Obligations during Tour
2.1 The Client agrees to behave considerately and respectfully while on Tour, exercising proper authority over any minor children.
2.2 If a client becomes ill and shows symptoms of a viral or bacterial nature, they must notify the Tour Leader, self-isolate, and if necessary, leave the tour, giving due consideration to others in their group.
3. Booking Procedure and Payment
3.1 To book a Tour, the Client must complete the reservation form and send it to the Company, along with a 50% deposit.
3.2 Upon receiving the reservation form and deposit, the Company will confirm the Client's booking by sending an email confirmation. The Client's booking is not secure until confirmed by the Company.
3.3 If the Client complies with clause 3.1 but the Tour is fully booked, the Company will refund the Client and may suggest alternate Tour dates.
3.4 Approximately one month before the Tour starts, the Company will send the Client an invoice for the final payment, which must be paid upon receipt.
3.5 After receiving the final payment from the Client, the Company will send the final Tour information to the Client.
3.6 Payment is confirmed when the electronic transfer or direct deposit into the Company's bank account is reflected in the Company's bank statement.
3.7 The Company reserves the right to accept or reject reservations without giving reasons. If a reservation is rejected, the Company will refund any payments made by the Client.
4. Changes to the Itinerary
4.1 The Company reserves the right to change routes and/or accommodations as advertised without incurring penalty or liability if changing circumstances necessitate it. The Company will notify the Client in writing as soon as it becomes aware of the changing circumstances.
5. Electronic Communication
5.1 The Client accepts that the Company may communicate through email regarding the use of the Website.
5.2 When the Company emails the Client, it is deemed received when the Client can download the email.
5.3 When the Client emails the Company, it is deemed received when the Company replies to the message.
5.4 The Client agrees that electronic agreements, notices, disclosures, and other communications between the Company and the Client satisfy any legal requirement that such communications be in writing.
6.1 The Company makes reasonable efforts to ensure correct prices on the Website and marketing materials but cannot guarantee the absence of pricing errors.
6.2 Adventure Activity or accommodation prices may increase due to exchange rate fluctuations or supplier increases. In this case, the Company reserves the right to increase the Tour price.
7. Cancellation by the Company
7.1 The Company reserves the right to cancel a Tour if there are not enough bookings to justify it. They will either refund the Client's deposit or suggest alternate Tour dates.
7.2 If the Company cannot provide the Tour booked for any reason, it will return all payments made by the Client. This will constitute the full extent of the Company's liability to the Client, including natural disasters and/or politically related unrest.
7.3 If the Company suspects fraudulent or criminal activity by the Client during the Tour or a breach of these terms, it may, at its sole discretion, terminate the contract by demanding the Client leave the Tour. In this case, the Company reserves the right to keep all monies paid by the Client.
7.4 Force Majeure: The Company reserves the right to suspend, postpone, or terminate a tour if circumstances beyond its control arise, making the tour inadvisable, impracticable, illegal, dangerous, or impossible. This includes extreme weather conditions, national and global security or medical emergencies (e.g., epidemic or pandemic outbreaks), and the conduct of third parties not responsible for the Company or the Client. In such cases, the Company will do its best to reschedule the tour to a suitable date within a reasonable timeframe. The Company guarantees that all monies received from the Client will be safeguarded and may be applied towards a different tour at the Client's discretion. The "FORCE MAJEURE" clause (7.4) supersedes all other rules regarding cancellations or refund policies. The Company is not liable for costs incurred by the Client outside the actual cost of the tour paid to the Company, such as flights or accommodation the Client had to cancel due to a force majeure event.
8. Cancellation by the Client
8.1 To cancel a confirmed booking, the Client must notify the Company in writing.
8.2 The Company reserves the right to levy a cancellation fee according to the following terms:
8.2.1 - 60 or more days before departure: 50% of the deposit will be forfeited.
8.2.2 - 60 days or fewer before departure: 100% of the deposit will be forfeited.
9. Travel Documentation
9.1 The Client is responsible for obtaining a valid passport, visa, vaccinations (if applicable), local currency, and all other necessary travel documents for the Tour.
9.2 If the Client is refused entry to any country due to incorrect travel documentation, the Company is not liable for any costs incurred due to delays or repatriation. In this event, the Client also forfeits all monies paid to the Company.
10.1 The Client must obtain travel, medical, and cancellation insurance before starting the Tour, and it must be valid for the entire duration of the Tour.
10.2 The insurance must cover medical expenses, vehicle damage, lost luggage, repatriation expenses, and expenses related to Tour cancellation.
10.3 If the Tour Guide must deviate from the proposed route due to the Client's illness or injury, the Client is responsible for the additional costs. The insurance must also cover these eventualities.
11.1 No one, including the Client, may use non-malicious search technology like "web spiders" or "web-crawlers" to obtain information from the Website if it slows down the server or infringes on the Website's data and information copyrights.
11.2 The Client may not deliver malicious code (e.g., viruses, worms, or Trojan horses) to the Website.
12. Tour Authority/Nuisance
12.1 The Tour guide has complete authority concerning decisions related to Clients’ safety and comfort.
12.2 The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
12.3 If the Client breaches any of these terms and conditions or behaves in a disorderly, rude, dangerous, illegal, or inconsiderate manner, the Tour Guide is authorized to exclude the Client from the Tour. The agreement between the Company and the Client will then terminate.
12.4 In the case of clause 12.3, the Client forfeits any monies paid to the Company and must arrange their own transportation from the point of termination at their own expense. The Company is not responsible for such costs.
13. Early Termination by the Client
13.1 If the Client no longer wishes to continue with the Tour for any reason, including illness or injury, the Client must arrange their own transportation from the point of termination at their own expense.
14.1 By participating in a tour, the Client consents that the Company may take photos of the Clients during the Tour or an Adventure Activity and use them in promotional material. If a client objects to this, the Client must inform the Company in writing, and the Company will respect that request.
15. Grant of Rights
15.1 Clients agree to comply with this Website’s Terms and Conditions.
15.2 This website provides Clients with information about The Company’s Tours and Events.
15.3 Clients may browse, view, and download data. Distribution of the website content, even for non-commercial purposes, is not allowed.
15.4 The Client may not transfer their rights under this agreement without the Company's written consent.
16.1 The structure, organization, and content of the Website are protected by the Republic of South Africa's copyright laws and international treaty provisions.
16.2 The Company either owns or has obtained licenses to use the copyrights and trademarks on this Website. This Agreement does not grant the Client any intellectual property rights on the Website and trademarks. The Company reserves all rights not explicitly granted.
16.3 The Client may not intentionally use a device or software application to bypass the security measures that protect the Website. Doing so constitutes a criminal offense under section 86 of the Electronic Communications and Transactions Act 25 of 2002.
16.4 The Client may not frame any page of this Website without the Company's written approval. Framing constitutes copyright infringement.
16.5 The Client may not hotlink to this Website.
16.6 The Client may not copy the Website or any of its contents for commercial purposes without the Company's express written consent.
16.7 Violating this clause 16 is a criminal offense under Section 27 of the Copyright Act 98 of 1978.
17. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002
17.1 Full name and legal status of the Company: Sebata 4x4 CC
17.2 Physical address and telephone number where services are rendered: 38 Hotel Road, Lusthof, Pyramid, Pretoria, 0120; Telephone number: 079 883 8180
17.4 Registration number, and place of registration of the Company: Sebata4x4 CC: 2011/084097/23
17.7 Physical address where Company will accept legal service of documents: 38 Hotel Road, Lusthof, Pyramid, Pretoria, 0120
17.8 A sufficient description of the main characteristics of the services offered by the supplier: The website provides information and Events on Tours offered by the Company.
17.9 The minimum duration of the agreement: The agreement is valid until the conclusion of the Tour.
17.10 Manner of payment: the Company accepts payment by Electronic Fund Transfer.
17.11 Time within which services will be rendered: This depends on the Tour's schedule.
17.12 Record of the Transaction: The Client will receive a full record of the transaction after the payment is made.
17.13 Refund Policy: See clauses 7, 8, 12, and 13.
17.14 Dispute Resolution through Arbitration: If a dispute cannot be resolved by the Company, the dispute shall be resolved through expedited arbitration under the Arbitration Foundation of South Africa's rules. The proceedings shall be held in Pretoria in English or Afrikaans. This clause is severable from the rest of this Agreement and shall remain effective between the Parties after this Agreement has been terminated.
18. Changes to the Website
18.1 The Company reserves the right to amend any information on this Website and these terms and conditions at its sole discretion, without notice.
18.2 The Client must familiarize themselves with any amendments.
19.1 The Company will use the Client’s information only to communicate with the Client and to send special offers of upcoming Tours.
19.2 The Client’s Personal Information will not be sold or made available to Third Parties without the Client’s written consent.
19.3 When the Client completes the contact form, the Client consents to the Company collecting the following information on the Website:
19.3.2 Email address.
19.4 When the Client completes the Booking Form, the Client consents to the Company collecting the following information:
19.4.1 Full names and Surname of all persons who will be going on Tour;
19.4.2 Residential and Postal address;
19.4.3 Telephone contact numbers;
19.4.4 Email address;
19.4.5 Information about pre-existing medical conditions;
19.4.6 Medical Aid details;
19.4.7 Insurance details;
19.4.8 All travel related information; like Passports; ID Documents;
19.4.9 Emergency Contact Information;
19.5 The Company also collects information automatically provided (e.g., cookies). This information is gathered to improve the Client's browsing and interaction with the Company. Cookies are harmless and do not carry viruses.
19.6 By using this Website, the Client consents to the following:
19.6.1 The Company may use the Clients’ personal information to send non-commercial messages occasionally. Clients may indicate if they do not wish to receive such communications; and
19.6.2 The Company may use the Client’s information for non-personal statistical purposes.
19.6.3 The Company retains the copyright in databases of Personal Information of Clients.
20. Governing Law
The Laws of the Republic of South Africa govern the interpretation and validity of this Agreement.
21. Interpretation and Definitions
In this agreement, unless inconsistent with or otherwise indicated to the contrary, the following terms shall have the following meanings:
"Adventure Activities" refers to all activities included in a Tour, which may include safaris, river cruises, game drives, canoeing, walking safaris, fishing, off-road driving, and other expeditions.
"Company" refers to "Sebata 4x4 CC."
"Client" refers to a private individual accessing the Website and all persons who join a Tour and or interact in any way with the Company.
"Party/Parties" refer to the Company and Client.
"Third Parties" refer to individuals or entities other than the Company or Client.
"Tour" refers to the service that the Company provides to the Client.
"Website" refers to the official website address: www.sebata4x4.com