Terms and Conditions for Topwin Tours
t/a Topwin Africa Tours CC. January 2011. Rev 2

1. Bookings and Payments:

Unless otherwise specified, a non-refundable deposit of 25% of the tour cost is immediately payable to Topwin once booking has been made. Final payment is due no later than eight weeks prior to departure. When booking air tickets, we are required by the relevant airline to issue the air tickets within a specific time limit from the date the reservation is made and payment must be remitted to the airline on that date. Should payment not have been received we will be unable to issue such tickets and the airline will automatically cancel the flights. Full payment is due immediately for all bookings made less than 6 weeks prior to departure. Full documentation can only be released upon receipt of final payment.

2. Cancellations:

Passengers who cancel their reservations more than 8 weeks prior to departure – forfeiture of full deposit paid.
Passengers who cancel will:
6 weeks prior to departure forfeit 30% of total tour price
4 weeks prior to departure forfeit 50% of total tour price
3 weeks prior to departure forfeit 80% of total tour price
2 weeks prior to departure forfeit 100% of total tour price
These conditions will be strictly adhered to and cancellation insurance is therefore strongly recommended. All bookings are also subject to the terms and conditions specified by the individual suppliers of the service which the customer contracts for in terms of the bookings.

3. Amendment Fee:

Where an alteration or amendment is made to a confirmed booking all costs, service fees, including cancellation fees incurred shall be for the client’s account.

4. Prices:

Topwin will do their utmost to keep prices quoted and published, however where increases due to currency fluctuations, airfare increases, hoteliers increases, taxes and other factors beyond Topwin’s control do arise, surcharges will be made to cover such increases. It is essential that the client checks there have been no changes in the price prior to making final payment. Airfares are subject to increases and conditions quoted by the airlines and cannot be guaranteed by Topwin.

5. Price Guarantee:

Upon receipt of final payment, Topwin will guarantee the price of the land arrangements.

6. Liability of Topwin:

As agent, Topwin acts only as an agent for the principals and accordingly accepts no liability for any loss or damage which any passenger may suffer as a result of the failure of such principals to fulfil their obligations, whether in relation to travel arrangements , accommodation or otherwise.

7. Damages:

Neither Topwin or any other person acting for, through or on behalf of Topwin shall be liable for any loss, damages, accidents, delay, death or inconvenience to any person or his or her luggage or other property, including as may arise as a result of the negligence of Topwin or their principals.

8. Cancellation by Topwin:

Topwin reserves the right to and shall be entitled to cancel any tour or product sold prior to departure and in such a case Topwin shall be obligated to refund all amounts received by them at that time by the passenger, who shall have no further claim of whatsoever nature against Topwin arising out of such cancellation.

9. Responsibility of Passengers:

Travel documents and visas: The responsibility to obtain proper, current and valid passports, visas, vaccinations, inoculations and the like as and where required, is that of the client alone. Topwin shall not be responsible or liable for any consequence of any nature arising from the customer failing to ensure that he /she has complied with all such requirements. The client must ensure that their passport is valid for at least six months beyond the end of the travel period. South African residents travelling on foreign passports must ensure that they have the correct documentation from Home affairs for re-entry into the country. Topwin bears no responsibility for incorrect passport or immigration documentation.

Insurance:

Insurance is the passenger’s responsibility and all passengers are strongly urged to take out travel insurance, covering personal accident, medical expenses, baggage and loss of deposit through cancellation and/or default of the individual principal service providers. Topwin will not be held liable for any omission on the part of the client in obtaining adequate insurance. Health: Topwin will not be held responsible for client’s health before, during or after any tour for any reason whatsoever. The client is responsible for all vaccinations, inoculations and prophylaxis treatment which might be required.

10. Authority to Enter into a Contract:

The person making any booking will, by the making of such booking, warrant that he or she has authority to enter into a contract on behalf of the other person included in such a booking and in the event of the failure of any or all of the other persons so included to make payment, the person making the booking shall by his/her signature there of assume personal liability for the total price of all the bookings made by him/her.

11. Consent:

The payment of the deposit and/or any other partial payment for any reservation constitutes consent to all provisions of the conditions and the general information contained in these conditions. The terms under which you agree to take these reservations cannot be changed or amended except in writing signed by an authorised director of the company.

12. Tour Itineraries:

Topwin cannot be held responsible for any delays prior to departure, or during the course of any tour or booking created by Topwin whether brought about by technical difficulties, strikes, weather conditions, political unrest or any other circumstance whatsoever foreseen of unforeseen. Expenses incurred by any such circumstances are for the client's account. It may be necessary due to certain circumstances beyond Topwin’s control to make certain changes to the itinerary. In the event of a change in accommodation, substitute accommodation of a similar standard will be supplied if available. Where the client requests upgrading of accommodation, a cancellation fee may be charged and the difference in accommodation cost will be for the client's account. Extra expenses incurred as the result of a breakaway from the original itinerary shall be for the clients account. No refund will be considered for any unused services irrespective of whether they form part of an inclusive tour price or where booked as optional arrangements.

13. Airlines:

The clients tickets in use by the airline or by other carriers concerned when issued, shall constitute the sole contract between the airline and the purchaser of these tickets and /or passengers. Where independent charter companies are contracted they shall be solely responsible for all flying safety and insurance requirements.

14. Wild Animals/Boating Activities:

Please be aware that some tours/travel arrangements may take you into close contact with wild animals and on small boats. Attacks by wild animals are rare, but no tour can guarantee that this will not occur. Boating activities could be dangerous. Neither the company, nor their employees, nor agents can be held responsible for any injury or incident on this tour.

15. Disputes:

The client consents to the jurisdiction of the Magistrates Court of Pretoria South Africa where any legal dispute arises, not withstanding that the amount in issue may exceed the limits of such jurisdiction.