Terms & Conditions

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of South Africa.

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Rode and Associates in relation to your use of this website.

We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.

These Terms and Conditions shall be governed by the laws of South Africa. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of South Africa. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

This website is owned and operated by Rode and Associates.

You may contact us regarding these Terms and Conditions through our contact page.

By requesting us to book and confirm your quotation in writing, you indicate your agreement to these terms and conditions. Once you have requested us to book in writing, via email, WhatsApp, skype or any other form of written media, you become bound to these terms and conditions.

COVID 19 general comment: If booking during the global COVID crisis, we have an added safety net in place. Quite simply you are allowed to postpone up until 45 days before travel without any penalties, and you can postpone up until 12 months after your original travel dates. If you chose to cancel completely and not postpone , you will face cancellation fees, in general terms listed below in points 4 and 5, and yet, we will do our best to negotiate the cancellations, stated in point 10.

PAYMENT IS DUE IN SOUTH AFRICAN RANDS (ZAR), UNLESS OTHERWISE STATED, VIA BANK TRANSFER OR CREDIT CARD. WE ACCEPT VISA AND MASTERCARD, AMEX.

WE ARE BOUND BY FIRST NATIONAL BANK OF SOUTH AFRICA’S SECURITY AND SAFETY LAWS WHEN IT COMES TO PROCESSING OF PAYMENT. THE VALUE OF THE TRIP MUST BE PAID FOR AS PER THE ZAR VALUE OF THE INVOICE PROVIDED. EXCHANGE RATES ARE MERELY GUIDELINES FOR CLIENTS TO SEE THE COST IN THEIR OWN CURRENCY FOR COMPARISON, AND WE CANNOT BE HELD RESPONSIBLE FOR THE EXCHANGE RATE YOUR BANK USES WHEN CONVERTING ZAR INTO YOUR LOCAL CURRENCY. THESE PRICES EXCLUDE THE SERVICE FEES OR EXCHANGE RATE YOUR BANK CHOOSES TO CHARGE AT THE TIME OF DEDUCTION.

IF YOU RECEIVE AN INVOICE IN U$ DOLLARS, THEN KINDLY NOTE THIS RELATES TO A U$ DOLLAR COST THAT IS PAYABLE IN THIS CURRENCY FROM OUR SERVICE PROVIDERS. KINDLY PAY YOUR ZAR AND U$ DOLLAR INVOICES SEPARATELY INTO THE STATED ACCOUNTS, OR IF CHOSING TO LUMP THEM TOGETHER AND PAY VIA CREDIT CARD IN ZAR, WE WILL CONVERT THE U$ DOLLAR PORTION OF THE INVOICE, AT OUR BANK QUOTED RATE FROM U$D TO ZAR.

ONCE A DEPOSIT IS PAID, YOU WILL RECEIVE YOUR NECESSARY TRAVEL CONFIRMATION WITHIN 14 DAYS, GUARANTEEING YOUR TRIP WITH DETAILED INCLUSIONS AND EXCLUSIONS. THIS DOCUMENT IS LEGALLY BINDING, A FORM OF SERVICE GUARANTEE, IN ACCORDANCE WITH INTERNATIONAL TRAVEL STANDARDS SET OUT BY SATSA (SOUTHERN AFRICAN TOURISM SERVICES) AND ASTA (AMERICAN SOCIETY OF TRAVEL AGENTS). THESE DOCUMENTS ARE NORMALLY SENT VIA PDF TO YOUR EMAIL OR DELIVERED BY HAND OR DHL COURIER SERVICES {IF REQUESTED} AT AN ADDITIONAL FEE.

DUE TO THE EXTREMELY IMPORTANT NATURE OF CORRECT SPELLING OF NAMES ON FLIGHT TICKETS, AS WELL AS SAFETY AND SECURITY REGULATIONS, NO BOOKINGS WILL BE PROCESSED UNLESS A COMPLETE BOOKING FORM AND COPIES OF PASSPORTS IS RECEIVED ON CONVERSION OF A QUOTE TO A BOOKING. ALL BOOKING FORMS MUST BE SENT TO THE TRAVEL CONSULTANT YOU ARE DEALING WITH DIRECTLY

ALL PARTICIPANTS MUST TAKE OUT TRAVEL, MEDICAL, CANCELLATION AND CURTAILMENT INSURANCE THE MOMENT THE AGENT, OR ORGANISING COMMITTEE, OR PERSON TRAVELLING THEMSELVES, ARE RESPONSIBLE TO ARRANGE INTERNATIONAL FLIGHTS OUT OF AND RETURNING TO THEIR COUNTRIES OF ORIGIN, AS WELL AS ENSURING EACH TRAVELLER HAS THE NECESSARY VISA, HEALTH AND OTHER INTERNATONAL TRAVEL DOCUMENTATION IN PLACE AT LEAST 45 DAYS PRIOR TO DEPARTURE. ANY OMISSIONS IN THIS REGARD, ARE NOT THE RESPONSIBILITY OF OUR COMPANY.

SUBJECT TO THE SIZE AND COMPLEXITY OF THE GROUP, AND ITS ACCOMMODATION AND LOGISTICAL REQUIREMENTS, AS WELL AS THE TIME OF YEAR, WE MAY REQUIRE A 25 – 50% DEPOSIT WITHIN 7 DAYS OF BOOKING.

THE BALANCE IS DUE NO LESS THAN 45 DAYS PRIOR TO ARRIVAL.

IF PAYMENTS ARE MADE OVER A PERIOD OF MORE THAN 14 DAYS, IE INITIAL DEPOSIT IN MARCH AND THEN FINAL PAYMENT IN JULY, THE INVOICE FOR BALANCE OF PAYMENT WILL BE ADJUSTED ACCORDINGLY SHOULD THE EXCHANGE RATES FLUCTUATE SIGNIFICANTLY FOR ANY U$ DOLLAR BASED COSTS, IE TRAVEL OUTSIDE OF SOUTH AFRICA, AND IN MOST NEIGHBOURING COUNTRIES.

AT NO STAGE CAN WE GUARANTEE A RATE OF EXCHANGE FOR LONGER THAN 24 HOURS, IF YOUR TRIP INVOLVES MULTIPLE CURRENCY COSTS WE WILL TAKE A SPOT PRICE ON THE DAY. ANY MAJOR FLUCTUATIONS WILL BE ADJUSTED ON THE INVOICE ACCORDINGLY IF PAYMENT IS NOT MADE BY DUE DATE STATED.

ALL DEPOSITS CARRY A 10% NON- REFUNDABLE ADMINISTRATION FEE OF THE TOTAL TRIP COST.

WE STRONGLY RECOMMEND TAKING OUT CANCELLATION INSURANCE WHEN BOOKING ANY TRIPS OF SIGNIFICANT VALUE. WE CARRY BANK CHARGES, CREDIT CARD FEES ADMINISTRATION AND COMMUNICATION COSTS BASED ON TIME INVESTED IN A BOOKING, THIS IS WHY WE APPLY THIS POLICY. SOME HOTELS, RESORTS AND LODGES ENFORCE NON-REFUNDABLE DEPOSITS THROUGHOUT THE YEAR. (SEE POINT 6 BELOW.) HOTELS MAY INCREASE THEIR CANCELLATION POLICY OVER FESTIVE SEASON. (SEE POINT 7 IN THIS REGARD ON THE PAGE BELOW)

ANY BOOKINGS CANCELLED CARRY A MINIMUM OF A 10% CANCELLATION FEE, REGARDLESS OF THE TIME OF DEPOSIT. (SEE point 4 administration fees)

SOME SAFARI LODGES AND SMALLER PRIVATE RESORTS ENFORCE STRICTER NON-REFUNDABLE DEPOSIT POLICIES THAN THE ABOVE POLICY.

PLEASE NOTE: SOME SAFARI LODGES, RESORTS OR BOUTIQUE HOTELS WITH A SMALL ROOM TOTAL, ARE NOW ENFORCING 25% NON-REFUNDABLE DEPOSITS WITHIN 14 DAYS OF MAKING A BOOKING, AND THE BALANCE IS DUE 60 DAYS PRIOR TO ARRIVAL. ANY CANCELLATIONS LESS THAN 60 DAYS CARRY A 100% CANCELLATION FEE.

THEREFORE, THIS POLICY OVERRIDES THE ABOVE STANDARD POLICY, ONLY WHEN A SPECIFIC LODGE OR GROUP OF LODGES APPLIES THIS HIGHER PERCENTAGE OF CANCELLATION AND NON-REFUNDABLE DEPOSITS, AND CAN BE OBTAINED PER LODGE ON REQUEST WHEN MAKING A BOOKING.

PLEASE NOTE: BETWEEN 5 DECEMBER – 10 JANUARY EVERY YEAR MOST HOTELS, RESORTS AND LODGES ENFORCE A STRICTER CANCELLATION POLICY THAN OUR STANDARD POLICIES STIPULATED IN POINT 5. THESE CAN BE OBTAINED ON REQUEST WHEN BOOKING OVER THIS PERIOD.

FLIGHT PRICES ARE ONLY GUARANTEED FOR 12 HOURS ON OUR SYSTEMS, AND ARE SUBJECT TO AVAILABILITY. THEY WILL BE REQUOTED IF YOU HAVE NOT PAID AS PER THE FLIGHT DEPOSIT DEADLINE. MOST TICKETS ARE GENERALLY PARTIALLY REFUNDABLE, BUT ALWAYS CARRY AN AMENDMENT FEE. YOUR TICKETS WILL CARRY THESE DETAILS, AND ARE TREATED CASE BY CASE, DEPENDING ON THE FARE CLASS BOOKED, AND THE INDIVIDUAL AIRLINE POLICY. IF BOOKED IN THE CHEAPEST CLASS THEY ARE NON-REFUNDABLE.

9.1) OUR REFUNDS ARE PROCESSED WITHIN THE CANCELLATION GUIDELINES LISTED ABOVE IN POINTS 4 – 8. REFUNDS ARE PROCESSED WITHIN 7 DAYS OF RECEIVING YOUR CANCELLATION EMAIL, WHICH MUST BE PUT IN WRITING TO YOUR TRAVEL CONSULTANT THAT YOU WERE DEALING WITH, AND SUPPORTED WITH NECESSARY DOCUMENTATION I.E. MEDICAL CERTIFICATES ETC.

9.2) IF IN THE CASE OF A SERVICE DELIVERY FAILURE, PLEASE LODGE YOUR COMPLAINT IN WRITING TO YOUR TRAVEL CONSULTANT YOU WERE DEALING WITH, OR TO SALES@BESTSAFARIAFRICA.COM OR INFO@LUXURYAFRICANSAFARI.COM. CALL +27 21 976 0099 IF YOU WISH TO TALK TO A CONSULTANT OR MANAGER BEFORE LODGING THE COMPLAINT IN WRITING.

9.3) ONCE WE RECEIVE A COMPLAINT REGARDING A SPECIFIC HOTEL OR SERVICE PROVIDER, WE WILL INVESTIGATE THE MATTER WITHIN 7 DAYS OF YOUR COMPLAINT, AND THEREAFTER ISSUE A REFUND INSTRUCTION AND REFUND FORM TO COMPLETE IF YOUR COMPLAINT WAS VERIFIED AND APPROVED BY OUR INVESTIGATION. REFUNDS ARE PROCESSED USING THE SAME AVENUE / FORM OF PAYMENT THAT WAS USED WHEN CLIENT MADE PAYMENT TO US.

9.4) WE OPERATE WITHIN THE LAWS OF THE CONSUMER PROTECTION ACT (ACT NR 68, 2008) OF SOUTH AFRICA, AND SHOULD A DISPUTE ARISE WITH A HOTEL OR SERVICE PROVIDER, WE WILL ACT WITHIN THE GUIDELINES OF THIS LAW APPLICABLE TO THE TOURISM INDUSTRY WITHIN SOUTH AFRICA. HTTPS://WWW.SAICA.CO.ZA/PORTALS/0/TECHNICAL/LEGALANDGOVERNANCE/GON271CODEOFCONDUCTCGSO.PDF

WE WILL ALSO REFER TO SATSA’S CODE OF CONDUCT, BY WHICH WE ARE REQUIRED TO COMPLY:HTTP://WWW.SATSA.COM/CODE-OF-CONDUCT/

IF YOU ARE OF THE OPINION WE ARE NOT COMPLYING WITH THIS CODE OF CONDUCT YOU ARE WELCOME TO LODGE A COMPLAINT WITH SATSA DIRECTLY.

SATSA CONTACT DETAILS:

+27 (0) 86 12 72872; +27 (11) 886 9996. EMAIL: PA@SATSA.CO.ZA

BASED ON POINTS 5 – 9, WE REPEAT IT IS STRONGLY ADVISABLE TO TAKE OUT CANCELLATION INSURANCE, TO COMPLETE BOOKING FORMS PROPERLY AND THAT ALL YOUR TRAVEL DOCUMENTS/ VISAS/ HEALTH ENTRY REQUIREMENTS ARE IN PLACE. PLEASE BE AWARE THAT OUR STANDARD TERMS AND CONDITIONS RELATE TO SERVICE PROVIDERS AND PRINCIPALS TERMS SENT TO US.

WE WILL TRY AND NEGOTIATE THE REDUCTION OF THE CANCELLATION POLICIES, PER CASE, TO SERVE THE CUSTOMER, SHOULD THE NEED ARISE. THE FINAL DECISION LIES WITH THE HOTEL OR SERVICE PROVIDER’S MANAGEMENT TEAM, NOT US AS A TRAVEL AGENCY. THEY WILL TAKE INTO ACCOUNT FACTORS SUCH AS RESELLING OF ROOMS, OR TIME OF YEAR, OR LOSS OF REVENUE.

THESE NEGOTIATIONS ARE MERELY AN OFFER TO MINIMIZE COSTS TO OUR CLIENTS, BUT UNDER NO CIRCUMSTANCES IS IT UP TO US AS A TRAVEL AGENCY WHAT THE FINAL DECISION WILL BE IF EXISTING CANCELLATION POLICIES FROM OUR SUPPLIERS WILL BE WAIVERED OR REDUCED.

WE OPERATE WITHIN THE RULES OF LAW AND ETHICAL NORMS OF OUR NATION, AND CANNOT PUT UNDUE PRESSURE ON A SERVICE PROVIDER TO REFUND MORE THAN IS STIPULATED IN THEIR CANCELLATION POLICIES AND TERMS AND CONDITIONS.

11.1) ALL INFORMATION RECEIVED IN THE BOOKING FORM, ON PAYMENT FORMS, AND CORRESPONDENCE VIA EMAIL WILL BE TREATED WITH STRICTEST CONFIDENTIALITY.

11.2) NO UNSOLICITED EMAILS, SPAMMING OR USAGE OF THE CLIENTS INFORMATION OTHER THAN FOR THE PURPOSES OF DIRECT COMMUNICATION RELATING TO THE CLIENTS TRAVEL NEEDS, WILL BE ENTERED INTO.

11.3) CLIENT’S INFORMATION WILL NOT BE SOLD, OR PASSED ONTO ANY THIRD PARTIES FOR USAGE IN DATABASE PROMOTIONAL ACTIVITIES OR MARKETING.