Terms and Conditions

Last updated: June 29, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://rawtours.co.za website (the “Service”) operated by Raw Tours (Pty) Ltd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Booking Terms and Conditions

Thank you for booking and going on an experience with Raw Tours / Flamboyant Travel and Tours are collectively known as “The Tour Operator or Us” in these terms and conditions.

These terms and conditions (“the terms”) apply to any travel product and or experience/service you have booked with or purchased from The Tour Operator. These terms govern the contractual relationship between you “The Client” and The Tour Operator with respect to any such travel product, experience or service (hereinafter, the “the Products”).

Please read these terms thoroughly as by booking the products with The Tour Operator you accept that

  1. You have read and fully understood these terms
  2. You expressly accept to be bound by these terms
  3. If you have booked and confirmed a booking for you and on behalf of others you shall be deemed to have read, understood and accepted these terms on your and their behalf including minors who you represent in your booking.

These Terms constitute the entire agreement between the Client/traveller and The Tour Operator with regards to the subject matter thereof and hence supersedes all prior agreements, representations and understandings of the parties, written or oral.

  1. The Booking Contract

A booking is confirmed and these Terms shall apply when The Tour Operator or an authorised agent legally representing The Tour Operator has received full payment for any product and has communicated to the Client in writing.  Any Client confirming a booking on any product while representing more than one Client is deemed by The Tour Operator to have done so with the full consent of the other Clients irrespective of their age.

  1. Medical Condition and Special Requirements

The Tour Operator seriously advises all Clients to consult their respective physicians regarding their fitness to go on an experience on any product with The Tour Operator. This is meant to seek the physician’s advice on advisable vaccinations, medical precautions or any other concerns regarding the impending experience. Full disclosures of any such information which can impact your experience is a condition of going on such an experience. Certain products may not be suitable for all travellers / Clients due to limitations posed by restrictive mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions.

  1. Payment for acceptance of booking

All payments for any experience must be made in full to guarantee a booking and hence confirmation by the Client. All verbal quotes provided by The Tour Operator do not constitute a booking and are deemed to be estimates until paid in full.

The following is our Cancellation Policy except for Garden Route Tours. (Please consult the Garden Route Tours Terms and Conditions)

Days Before Commencement of Experience Cancellation Fee
90 – 30 30%
29 – 14 50%
13 – 8 75%
7 – 0 100%

All confirmed bookings automatically carry 7, 5% administration fee.

Cancellations should be emailed to

~ info@flamboyanttravelandtours.com for Flamboyant Travel and Tours bookings and

~info@rawtours.co.za for Raw Tours bookings

  1. Refunds – Returns Policy

A 15% handling fee is levied should a Client wish to cancel a booking. In such a case the cancellation in writing must be signed by the Client who did the original booking and the refund will be made directly into his / her booking card.

  1. Cancellation of a Tour by The Tour Operator

The Tour Operator will not cancel a booking on any experience or product once confirmed, in accordance with the Terms and Conditions, except for reasons of “Force Majeure” – which shall be defined as unforeseen circumstances out of the control of The Operator.

When an experience is cancelled by The Tour Operator and not rescheduled for reasons not arising from the fault or negligence of or within reasonable control of the Client, the Client shall choose from:

  1. Accepting from The Tour Operator a substitute experience/product or equivalent of superior value – where a substitute is reasonably available.
  2. Accepting from The Tour Operator a product of lower value with a refund of the difference in price from the originally booked product.

 

  1. Unused Services

The Tour Operator is not entitled to refund or pay any discounts for missed or unused services by the Client due to no fault of The Tour Operator or its Experience Designers, which shall include any termination on the Client’s participation in the tour (in part or in whole) due to the Client’s own fault, negligence or beach of these Terms.

  1. Prices, Surcharges and Taxes

Due to the nature of travel and resource pricing on which it depends, the published price of any product is subject to change at any time, before or after booking, up to 30 days before the departure of the product. After confirmation, The Tour Operator reserves the right to impose surcharges on any product(s), but only for reasons arising from increases in transportation costs, fuel costs, taxes or fees chargeable for services such as airport costs, local operator costs, increase in taxes, government action which impacts the price of applicable products, but only where the increase is greater than 2% of the original price paid for the product.

The Tour Operator shall advise the affected Client(s) as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section. If the increase is greater than 7% of the price of the applicable Product, upon receiving notification from The Tour Operator, the affected Client(s) may elect to either:

  1. Cancel the applicable product without incurring any penalty except a 15% handling fee.
  2. Accept the change of price.

The Client(s) must notify The Tour Operator within 14 days of notice in writing of the increase or they shall be deemed to have accepted the price change and have accepted liability for payment of the increase.

  1. Validity

The priority of products/experiences advertised on The Tour Operator’s website(s) are based on cost in effect at the time of posting on the website. The Tour Operator reserves the right to alter prices of any product(s) at any time prior to receipt of payment in full for such product. All dates, itineraries are indicative only and the price quoted at the time of booking shall be the price applicable, subject to the surcharges that may be levied in accordance with Section 7 above.

  1. Flexibility

By booking any product, the Client acknowledges that the nature of the products requires considerable flexibility and acknowledges that they will permit reasonable alterations to the product and or itinerary by The Tour Operator. Client(s) acknowledges that the route schedules, itineraries, amenities and mode of transportation may be subject to change due to unforeseen circumstances or events such as sickness, mechanical breakdown, and incidents close to the product, demonstrations, political disputes, extreme weather complications and any other unpredictable circumstances which are beyond the reasonable control of The Tour Operator.

  1. Changes to the itinerary

The itinerary is a generic guide to the tour/experience and any mention of specific destinations is not a guarantee that they will be visited or encountered nor does it form a contract between the Client and The Tour Operator. Although the itinerary has been crafted carefully and activities provided in good faith, The Tour Operator may make improvements, changes or additions depending on factors like weather, local factors, traffic, road construction, past travellers’ comments to name but a few. Changes will be implemented in such a way that they enhance the value of the experience and for the safety of the Clients, vehicle and general public. The Tour Operator will not be liable for any changes to any product, itinerary directly or indirectly.

  1. Authority on tour and Client responsibility

At all times, the decision of The Tour Operator representative like Tourist Guide, Driver or any designated representative is final on all matters regarding safety and wellbeing of Clients and the vehicle in use. By going on any experience with The Tour Operator, Clients must at all times strictly comply with applicable laws and regulations of all countries and regions visited on the applicable tour product. Clients agree to also abide in full to the authority of The Tour Operator representative.

Should any Client fail to comply with the above or commit any illegal act in the middle of a tour product or in the discretion of The Tour Operator representative, the Client’s behaviour is causing or likely to cause danger, distress or material annoyance to others, The Tour Operator representative may terminate that Client’s travel arrangements on any product immediately without any liability on The Tour Operator’s part and the Client will not be entitled to any refund for unused or missed or costs incurred resulting from the termination of the travel arrangements or the experience, including, without limitation, return travel and or incidents.

Clients agree that they are responsible for any costs incurred by The Tour Operator, its suppliers or its partners as a result of damage, destruction, theft or excess cleaning fees related to Clients’ accommodation, transportation or other use of facilities on the product tour. Clients are also entitled to report immediately any such pre-existing damage(s) to staff of accommodation, transportation service or appropriate facility including representatives of The Tour Operator.

Client agrees to take prudent measures in relation to their own safety while on tour with The Tour Operator, including, but not limited to the proper use of safety devices such as seat belts, harnesses, helmets and obeying all posted signs, signals and warnings in relation to Client health and safety. The Tour Operator shall not be liable for any failure on the Client’s part to comply with this paragraph.

  1. Force Majeure

The Tour Operator shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for The Tour Operator’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbance, howsoever and wheresoever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of The Tour Operator, in the event of The Tour Operator’s bankruptcy, insolvency, or cessation of business; or an event which The Tour Operator or the supplier of services, even with all due care, could not foresee.

  1. Claims and Complaints

Client agrees to bring any complaints regarding a Product to The Tour Operator as soon as possible in order to provide The Tour Operator with the opportunity to address such complaint properly. Client agrees to inform the Guide /driver/ Experience Designer at the earliest opportunity, or to inform The Tour Operator’ Operations Manager or The Tour Operator’ Customer Service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of The Tour Operator with sufficient notice for The Tour Operator to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by The Tour Operator directly at the respective email address of the Tour Operator within 30 days of the end of the tour. Client acknowledges and agrees that The Tour Operator will not accept any liability for claims received after this period.

  1. Liability

The Tour Operator is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).

THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO The Tour Operator ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of The Tour Operator or of the third-party suppliers of any services which form part of the Contract, then The Tour Operator limits its liability and any liability The Tour Operator may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges.

Where this relates to loss of and/or damage to luggage and/or other personal possessions then The Tour Operator’ liability will not exceed R1, 000. The Tour Operator will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against The Tour Operator and its suppliers, contractors or other third parties.

  1. Suppliers

Hotels, shuttle services or other constituent elements of a Product will be arranged by The Tour Operator with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. The Tour Operator will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of The Tour Operator will not exceed that of any supplier. All suppliers will be selected and assessed by The Tour Operator in reference to local laws and regulations in the relevant country of operation. Neither The Tour Operator nor any carrier is liable for the acts or omissions of any independent contractors.

  1. Images and Marketing

The Client agrees that while participating in any tour/experience The Tour Operator Product images, photos or videos may be taken by other Clients and/or The Tour Operator representatives or Experience Designers that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to The Tour Operator, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

  1. Applicable Law

The Contract and these Terms and Conditions are subject to the Republic of South Africa and the respective countries in which the experience is taking place and all Clients submit to the exclusive jurisdiction of the courts located in Cape Town South Africa and the respective countries where the incident occurred for the resolution of any dispute under these Terms or concerning a product.

  1. Privacy Policy

The Tour Operator’ website(s) uses tracking cookies in order to enhance user and booking experience. Your use of The Tour Operator’ website(s) indicates your assent to such use in accordance with The Tour Operator’ Privacy Policy. In addition, The Tour Operator must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services and to assist in evaluating such Products. The Tour Operator takes care to safeguard all Client information and protect the privacy of all of our Clients. The Tour Operator collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, to maintain our customer/visitor lists and/or to respond to your inquiries or feedback and for other purposes further described in The Tour Operator’ Privacy Policy and is expressly incorporated into these Terms.

In particular, The Tour Operator may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of a Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by confidentiality obligations and shall treat all information received from The Tour Operator in accordance with our Privacy Policy. By submitting any personal information to The Tour Operator, Clients indicate their acceptance of the terms of The Tour Operator’ Privacy Policy.

  1. Refusal of Service

The Tour Operator retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.

  1. Amendment

The Tour Operator reserves the right to update and/or alter these Terms at any time, and shall post the amended Terms on the The Tour Operator website(s). Any such amendment shall take effect 7 days following its posting to the The Tour Operator website(s). The latest Terms, as amended, may be accessed any time on The Tour Operator’s website, or will be sent to Client upon their written request to The Tour Operator. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 7 days after their posting on the The Tour Operator’ website(s). The Tour Operator recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.

  1. Health and Fitness on Tour

Some activities and adventure tour packages require a certain level of fitness. We must be advised of any medical condition and or physical disability requiring special attention before you book. This entails us taking special precaution beforehand.

While we take all efforts to ensure your safety, you undertake tours at your own risk. This means you will not be able to take any legal action against, and to indemnify, hold harmless and absolve us, the owner, management, directors, guides, agents, associates, from claims and liability in connection with loss, damage to you or your belongings, injury or even death arising from any cause whatsoever during an activity.

In the event that you participate in any activity organised by The Tour Operator you hereby declare that you are fit and in good health and that you will advise the activity host of any health or physical disability you have e.g. pregnancy, spinal, back and neck injuries, osteoporosis and epilepsy. You are prepared to act responsibly at all times and participate in tour or adventure activities at your own risk.

You also undertake to pay all the costs of medical rescue and or medical treatment and transportation and evacuation in case of any emergency. You also agree to abide by all instructions given by our Tour Guides, Drivers or Experience Consultants.

No dogs, weapons, firearms, hazardous chemicals are allowed on Tour. Smoking and the use of alcohol and or drugs on our vehicles is strictly prohibited by law. We reserve the right not to transport any passenger(s) who embark our vehicles while intoxicated.

  1. Age Restriction / Age Limits

No infants or children under 8 years of age are allowed on scheduled group / shared day packages. No infants or children under 10 years of age are allowed on scheduled Group / Shared Multiday Excursions. Each child between 8 and 17 years must be accompanied by a paying adult and be booked in private rooms. Children under 18 years of age are not allowed to participate in some optional activities without the legal consent of their legal guardian or parent. By law, in South Africa children under the age of 18 years are not allowed to consume alcohol.

  1. Packing Tips

Tips for packing for your South African Safari

  • Clothes:

You can just wear what you want to wear, it’s no big deal at all. But neutral coloured clothes help to blend in the background making it easier for animals to come closer to the safari vehicle. Always wear layers, depending on the time of year, time of day or weather, wind and rain can make the temperature drop suddenly in an open-top safari jeep. Suggestion: khaki pants, vests or t-shirts and a long-sleeve button-up shirt to cover up in the hot sun but to also keep warm for the early mornings and late evenings before sunrise and after sunset when it can be a bit colder out. A warm, rain-resistant jacket is also a good idea. While you’re at it – pack a swimming costume and sunscreen lotion (at least 30 spf) and an extra towel for swimming. You might just want to take a dip at the lodge’s pool or ocean en route.

  • Shoes:

Often your safari can include bush walks where you will walk with your ranger and tracker by foot looking for animals and learning about the smaller things on Safari like the plants and insects, closed, comfortable shoes or boots are ideal for this. You never know what you might find on safari, so make sure you can run easily or protect your feet during bush-walks.

  • Bug spray:

Bugs are usually not a problem during the day, but once the sun goes down the mosquitoes and other bugs come out to play. Insect repellent will help keep them away. The raining season usually has even more bugs. Do also pack an antiseptic ointment or infection/allergy medicine to control the itch if you do get bitten and avoid spending the rest of your trip constantly scratching.

  • Camera:

You can take photos left right and centre while on safari. But also put away your phone and camera once in a while to really absorb and live that moment. It is sometimes more memorable when you see the action with your own eyes instead of viewing it through a tiny viewfinder square.  There’s usually no need for bulky DSLR or heavy lenses, your smartphone can be just as sufficient to capture the sighting. The guides usually try to get as close to the animals as possible without disturbing them. But if you are an avid photographer and want to view the animals up close, bring binoculars or if you can’t afford to buy a zoom lens for your DSLR look at renting it.

  • Binoculars:

It’s not essential, but often the animals (and birds) are far away and if they aren’t one of the Big Five animals your guide most likely won’t be able to go off-roading to get closer. Trust us, on Safari everything you see is exciting and if you see it up close it’s even better.

 

  1. Commission and or Tips

The Tour Operator dissociates itself from the involvement in payment of commission and or tips to any of its representative that includes guides/drivers and more.

  1. Sightings of wild animals and marine life

The Tour Operator does not guarantee any of sightings of any wild animals in their natural habitat, which includes sharks and whales even though they were advertised on our websites.

  1. Privacy Policy

This privacy policy applies to all the web pages related to The Tour Operator’s website(s).

All the information gathered in the online form on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

We understand the importance of keeping our clients’ personal information safe, secure, and protected at all times. We will never disclose our client’s personal data to anyone unless it is related to their itinerary, i.e.: Hotels, Safaris, Shark Cage Diving, etc.

By submitting a booking or an inquiry you agree to divulge your personal data we may require to process your booking or inquiry.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using The Tour Operator’s website(s), you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

  1. Third-Party Links

While we operate in a global village and in an attempt to improve value for our users, we may provide links to other websites / resources and or activities. We will not be held responsible, accountable for the availability, operations, activities, terms and conditions of such sites and resources.

It remains the sole mandate of our users to consult and familiarise themselves with the availability, operations, activities, terms and conditions of any such sites and activities provided by our website. This includes the misinformation, damage, loss or offense caused or alleged to be caused by or in relation to the use of any such content, goods, activity and or services available on such external sites, resources and activities.

  1. Booking Confirmation

Bookings are confirmed once we have received FULL PAYMENT for your purchase even though a deposit can be paid.  It does not guarantee a spot on your booking.

  1. Interpretation

The interpretation of these Terms and Conditions rests with the Author.

Contact Us

If you have any questions about these Terms, please contact us.

About Author

client-photo-1