Terms and Conditions

EKALA GUEST FARM AND ECO TOURS

TERMS & CONDITIONS

1. GENERAL

1.1 These Terms & Conditions govern all bookings, tours, safaris, transfers, accommodation and related services provided by Ekala Guest Farm and Eco Tours (“Ekala”).

1.2 By making a booking and/or paying any deposit, the Client confirms that they have read, understood, and agreed to these Terms & Conditions.

2. BOOKINGS & PAYMENT

2.1 A booking is confirmed upon receipt of a deposit or full payment as specified in the quotation.

2.2 The balance must be paid prior to commencement of the tour unless otherwise agreed.

2.3 Payment of a deposit constitutes acknowledgment that the Client has been provided access to these Terms & Conditions and the Risk Disclosure Summary.

3. ACKNOWLEDGMENT OF RISK

3.1 The Client acknowledges that participation in tours and related activities involves inherent risks, including but not limited to:

• Travel on public and rural roads
• Exposure to wildlife and natural environments
• Uneven terrain and outdoor conditions
• Remote locations with limited medical facilities

3.2 The Client acknowledges that such risks may result in injury, illness, damage, loss, or death.

3.3 The Client confirms that these risks have been explained or made available prior to booking and that they have had the opportunity to ask questions.

4. ASSUMPTION OF RISK

4.1 The Client voluntarily elects to participate in all activities.

4.2 The Client expressly assumes all inherent risks associated with such participation, subject to Ekala’s legal obligations under applicable law.

5. LIMITATION OF LIABILITY

5.1 To the maximum extent permitted by applicable law, Ekala shall not be liable for any loss, injury, illness, damage or death arising from:

• The inherent risks of the activities
• Acts or omissions of the Client
• Acts or omissions of independent third-party suppliers

5.2 Nothing in these Terms excludes or limits liability for:

• Gross negligence
• Wilful misconduct
• Any liability that may not lawfully be excluded under South African law

6. IMPORTANT NOTICE

6.1 The Client acknowledges that the provisions of clauses 3, 4 and 5:

• Limit the liability of Ekala; and
• Constitute an assumption of risk by the Client

6.2 The Client confirms that these clauses have been specifically drawn to their attention and that they understand and accept them.

7. THIRD-PARTY SUPPLIERS

7.1 Ekala may utilise independent third-party suppliers.

7.2 Such suppliers operate independently.

7.3 To the extent permitted by law, Ekala shall not be liable for the acts or omissions of such suppliers, except where Ekala has been negligent in their selection.

8. CLIENT RESPONSIBILITIES

8.1 Clients must:

• Follow all lawful safety instructions
• Disclose relevant medical conditions
• Act responsibly at all times

8.2 Ekala reserves the right to remove any participant whose conduct endangers themselves or others. No refund shall be due where removal is justified on safety grounds.

9. INSURANCE

9.1 Clients are strongly advised to obtain comprehensive travel insurance covering cancellation, curtailment, medical expenses, personal injury, and loss of property.

9.2 Where required for specific tours or packages, clients may be required to provide proof of insurance.

10. INDEMNITY & ACCEPTANCE

10.1 Each participant is required to individually sign an indemnity and assumption of risk form prior to participation.

10.2 No participant may rely on the acceptance or signature of another person.

10.3 Failure to complete required indemnity documentation may result in refusal of participation without refund.

10.4 The Client confirms that all limitation of liability and risk-related provisions have been specifically drawn to their attention and are accepted.

11. DISPUTE RESOLUTION

11.1 Any dispute arising shall first be attempted to be resolved amicably.

11.2 Failing such resolution, the matter shall be subject to the jurisdiction of the courts of South Africa.

Booking Quotes:

All quotes are subject to availability at the time of payment. This applies to Ekala’s availability and that of any item to include as would have been detailed within our quote.

Ekala reserves the right to change items within the quote if items as may have been included, are either not available or unworkable within the tour schedule once payment received. This includes the possible need to adjust an itinerary.                  

Booking confirmation:

Accommodation and Tours can only be confirmed once a 50% deposit and all information relevant to the booking, have been received by Ekala.

Paying the 50% deposit on its own does not confirm the booking if all relevant and accurate information has not been supplied and confirmed.

Any changes to the booking and itinerary may have an impact on the price. Ekala reserves the right to change prices once additional information or changes are received.

Deposits/Payments: A minimum 50% deposit of the total value is required to secure a booking.

Deposits paid are only refundable in terms of our cancellation policy. Your deposit shall be deemed to constitute acceptance and confirmation of the booking and confirms your acceptance of our Terms and Conditions as laid out in this document.

A different schedule of deposits, payments, and cancellation fees may apply to certain options or packages.

Day tours only – in general, would be 75% to book, then with the balance on the day in cash – Rands.

Payment is in South African Rands.

Bank transfers would be done via the SWIFT network with the payer using the “OUR” expense regulation method.

The “OUR” method means the remitter covers all fees associated with the bank transfer.

Only the amount we actually receive will be credited to your booking.

If the required deposit or final payment is not received by the due date or time, the booking will be deemed to have been cancelled by the guest.

The prices quoted are for cash payment. An effective 4% discount would have been applied to all figures used in quotes. For any other type of payment, this discount falls away.

Full payment for a tour/tour package/safari package is due before your tour departure.

If any amount is left for payment on the first day of any tour package, this can only be paid in cash, Rands. No credit card or other payment on the day can be done. Unfortunately, no exceptions. Any payment on the day or first tour day is to be cash only.

Credit Card Payments:

Ekala uses MobiPaid for all credit card payments to Ekala. A link relevant to your payment due amount will be sent to you directly from MobiPaid. This is valid for 48 hours; thus we hold the booking for the same time, 48 hours from the time of advising of the link to be sent.

An extra 4% applies to all credit card transactions. See above with reference to the 4% discount falling away.

Visa and Mastercard only.

Bookings must be in the name of the Credit Cardholder who must be the traveller. If payment has been made via a Credit Card, any refund can only be made against the same Credit Card.

Cancellation and refund policy:

1. Cancellation notification must be received in writing.
2. No refund will be due by Ekala for any uncompleted tour due to circumstances beyond our control.
3. Cancellation cost is calculated from the day prior to the first date of the booking.
4. Within 10 days 100% of the full booking amount.
5. Within 20 days 100% of the deposit paid.
6. Within 45 days 50% of the deposit paid.
7. Cancellation time greater than 45 days, 15% of the deposit paid is forfeited.
8. A different schedule of cancellation fees may apply to certain options or packages.
9. If accommodation is included in a travel package and requires booking, any refunds for cancelled or modified reservations will also be governed by the specific terms and conditions of the respective accommodation provider. This indicates that the cancellation or refund policy of the hotel or other lodging may vary from Ekala’s general policy.
10. Refunds are calculated in Rands and refunded in Rands. Ekala cannot be responsible for foreign exchange fluctuations.
11. Certain accommodation carries their own terms and conditions which apply accordingly.
12. Ekala shall not be liable for any loss or expense arising from the cancellation or curtailment of a tour however caused.
13. Ekala shall not be responsible for the consequences of any delays whether arising from illness, accidents, breakdowns, or any other cause.
14. Ekala cannot be held liable for any delays or schedule changes in any way due to airlines, trains, taxis, buses, and ships not running to schedule.

Items included:

1. Items are only included as specifically indicated in the booking.
2. Numerous different tour options are available – all with different prices. Options may have items included on some tours and not in others. This depends on tour times, the day of the week and any other items that may or may not be in our control.
3. Although we do our utmost to find the animals requested by the group on our wildlife/safari tours, no guarantees can be given.
4. Packages include items only as specifically indicated.
5. Accommodation, match tickets, telephone calls, laundry, bar services, internet, entertainment arrangements, meals and beverages unless clearly indicated in your booking are not included.
6. Drinks/Beverages and items of a personal nature are not included in any packages or rates at any time.
7. Meals included as specifically detailed in the quote.
8. Comprehensive Travel Insurance: To the extent permitted by applicable law, It is the client’s responsibility to take comprehensive travel insurance. This should be arranged at the time of payment to Ekala of the deposit to cover the client from that time. Covering cancellation, curtailment, injury, medical expenses, emergency travel, accident, baggage and money loss, and any other eventuality.
9. Smoking: Smoking has been banned in public places in South Africa. Our vehicles are strictly non-smoking. As is most of the tour destinations that we visit. Ekala Guest House is a smoke-free environment.
10. Ekala reserves the right to refuse service to intoxicated or abusive customers. Ekala shall not be liable for any refund.
11. Pets: No pets are allowed under any circumstances.
12. No alcohol will be carried in Ekala’s vehicles unless within the client’s stored luggage.

Fuel Costs:

Any increase in fuel costs or other material input costs may result in an adjustment to the quoted price prior to final payment.
No price increase shall apply after full payment has been received, unless required by circumstances beyond Ekala’s reasonable control and permitted by applicable law.

Flights:

Ekala under no circumstances includes the cost of flights in our packages.

To the extent permitted by applicable law, Ekala has no responsibility for direct or indirect costs resulting from a client missing a flight due to any situation beyond our control including traffic-related problems, roadblocks or police checkpoints.

Travel insurance should be in place by the client to cover a missed flight, including traffic-related issues as above. Some insurances require a call ahead by the insured if a problem is identified.

 

Terms and conditions additionaly relevant to multi day packages

Payment required to confirm booking:

If time before date of travel is over 12 months – a 20% deposit of the full amount of booking is required.

Then 30% at 12 months before travel (taking the full deposit paid to 50%).

If this time is less than 12 months a 50% deposit is due to book.

Balance due latest 60 to 90 (actual package specific will influence this) days before first date of the package.

15% of these payments are non-refundable.

 

​Cancellation and Refunds

Where advanced accommodation reservations are needed, often necessitating bookings made many months in advance, the cancellation for this part of the reservation is contingent upon the cancellation policies of the third-party provider.

Cancellation notification must be received in writing.

No refund will be due by Ekala for any uncompleted tour due to circumstances beyond our control.

Cancellation cost is calculated from the day prior to the first date of the tour.

1. Within 3 Months, 100% of the full booking amount.
2. Cancellation time greater than 3 months, 15% of the amount paid is forfeited.

 

Insurance

It is compulsory for all tour participants to hold medical insurance. Additionally, we strongly suggest the purchase of trip cancellation insurance to be prepared for any unforeseen circumstances. If a participant must cancel their trip, trip cancellation insurance may be the only method available for obtaining reimbursement.

 

Special Requests

Specific needs, including dietary restrictions, allergies, and other special considerations such as disabilities or mobility issues, can potentially be accommodated. It is vital, however, to communicate these requirements when seeking a quote, as they are likely to result in additional fees.​

 

Luggage and personal property:

To the extent permitted by applicable law, Ekala accepts no responsibility for loss or damage to luggage or personal property from whatsoever causes arising.

Ekala reserves the right to decline or charge extra for surplus baggage.

Damage to property:

The client will be responsible for the cost of any damage and or breakages caused by the client or their party. However caused.

Parents are to be always in full control of their children.

An additional change would apply for extra cleaning.

Inappropriate behaviour will not be tolerated, and the guests will be asked to leave immediately with no refund due.

Additional Items/Notes to be aware of:

1. Safety belts are required in South Africa. Even while in a stationary vehicle, this is required.
2. Travelling will include driving on uneven, gravel and potholed roads with the possibility of the bus/vehicle needing to take evasive action or/and brake suddenly.
3. Vehicles while on open vehicle Safari. These game vehicles do not have safety belts. Clients in all cases remain seated, apart from at a sighting where the vehicle is stationary.

If going Underground:

1. This is completely at the client’s risk.
2. Humidity is very high. In some cases, areas walked through are small & people who suffer from claustrophobia may have problems. Footing is generally loose, uneven and can be wet. Good walking shoes are a must.
3. Health-related to going underground: It is strongly recommended that someone suffering from high or low blood pressure, other heart conditions, asthma, expectant mothers, or any walking or breathing impairment, should not go underground. Those that may have a problem with any of this, or have recently undergone major surgery, have a severe visual impairment or any other concern, must remain on the surface.
4. Mine evacuation in the event of a power failure could include climbing stairs or causing a ti​me delay. Thus note must in all cases be taken of it not being suitable to have a flight on the same day as an underground tour.

FORCE MAJEURE

Ekala shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to:

• Acts of God
• Weather conditions
• Natural disasters
• Pandemics
• Government actions
• Transport disruptions
• Supplier failures

 

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