Terms and Conditions

Definitions

"We", "our", "ourselves" and "us" means The Growcery Camp(see also a description of the Company);

"You", "your", and "yourself" means any person except members of the crew, carried or to be carried by us on a Tour;

"Agent" means a person or a company authorised to act on behalf of The Growcery Camp.

"Baggage" means your personal property accompanying you in connection with your tour.

"Booking" means a booking made by you or the Agent for the purchase of a Tour and which is accepted by us by these Terms and Conditions;

"Booking Confirmation" means the express confirmation in writing, including the Pickup Point you received from us (or from the Agent on our behalf – Note: please confirm that this is the case) to identify each Tour reservation made by you which we guarantee.

"Client" (see the definition for you, your yourselves);

"Company" means The Growcery Camp (see also the definition of "We", "our", "ourselves", and "us")

"Damage" includes death, wounding or bodily injury to a Client and loss, partial loss, theft, repatriation costs or damage to baggage whatsoever arising in connection with the tour or other services incidental to it performed by us even if such damages were reasonably foreseeable;

"Date of Departure" means the date of the tour indicated in the Booking Confirmation;

"Fare" means the amount paid or to be paid for the relevant tour which excludes the Transport Fare;

"Tour" means the specific tour selected by You to which your booking form refers;

1. Applicability

1.1 These Terms and conditions govern all Bookings you made with us and any liability we may have about that booking.

1.2 Upon payment of the invoice by us, a non-refundable deposit of 50% of the fare ('Deposit') per person has to be paid by you. When making a Booking, our contract with you begins when we receive payment of the deposit from you or the Agent, and you (and your Agent) receive a Booking Confirmation from us. When you make a booking, you accept these Terms and Conditions, and you also accept them on behalf of all members of your party. You are also responsible for the payment of the Fare/s due to every member of your party.
(i) the tour is fully booked; or
(ii) the minimum number required for each tour is not reached; and
(iii) the tour is cancelled for reasons beyond our control by terms of this Terms and Conditions

2. Payment

2.1 The Payment of the relevant Tour Fare must be paid in full no later than four weeks before the date of Departure of the applicable Tour. If such sums have not been paid in full when a booking is confirmed, we may cancel the booking at any time within four weeks before the date of   Departure. Late payments may, however, be accepted on an availability basis at our sole discretion. The Bank fees for transfers of payments for tours, excursions, transfers are for the client's cost and not the Company as referred to in the above description of the Company.

3. Cancellation by Client

3.1 Cancellation of a Booking by a Client must be made in writing by the person signing the booking form and is not effective until the Company receives such cancellation. If the cancellation is received 31 days or more before the Date of Departure, the deposit shall be forfeited. In the event of cancellation 30 days before departure, the following charge will apply (i) 30 to 15 days - 50 % of the total fare; (ii) 14 to 7 days - 75 % of the total fare; (iii) 7 to 0 days - 100 % of the Total Fare. If you or one of the members of your party fails to join a tour, or join after departure, or leave it before its completion, no Tour Fare shall be refunded.

4 Changes

4.1 Save, as stated in clause 22.1 hereunder, You are not entitled to change the Tour Booking once confirmed. To change a booking, the original booking must be amended with a standard R 500 amendment fee

5. Cancellation by the Company

5.1 All Tours shall be operated subject to a minimum number of participants. Should this minimum number not be reached, the Company reserves the right to cancel the tour. In an instance where the Company has to cancel the tour for a reason stated above in this clause 4, the Company will return to the client all monies paid, which shall constitute the full extent of the Companies liability to the client, or the Company at its sole discretion may elect to offer the client an alternative holiday of comparable standard.

6. Alterations to Itineraries

6.1 Although every reasonable effort is made to adhere to itineraries described in the brochure and on the website (of The Growcery Camp and the Agent), We reserve the right to occasionally cancel or change routes and accommodation at any time where we reasonably consider this to be justified by reasons beyond our control or for client's safety ("Force Majeure"). When a cancellation or a significant change becomes necessary before the Departure, We will use our reasonable efforts to inform you of any such cancellation or alteration.

7 Force Majeure

7.1 The Company will not be held responsible for any compensation to the client if the Company have to change the tour (or any part of it) and cancel the tour due to Force Majeure, namely war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstance beyond the Company's control.

8 General

8.1 You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be taken from, into or over and instructions by us relating to it. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements, instructions, whether given orally, in writing or otherwise or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.

9 Travel Documents

9.1 You are solely responsible for obtaining and must possess and have available on presentation as required all entry and exit, health and documents needed as by-laws needed (including but not limited to a valid certificate of vaccination/s), regulations, order, demands or requirements of the countries to be taken from, into or over. We reserve the right to refuse carriage to any Client who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, order, demands or requirements. Unabridged Birth certificates are the responsibility of every participant. The Company will not be liable for any participant's refusal of entry due to the lack of correct travel documents required to enter a foreign country. It is each own individual responsibility to ensure they have the proper travel documents in place when participating in any of the Company's as referred to above tours and or adventures and or excursions.

10 Refusal of Entry

10.1 You agree to pay the applicable charge and penalties or fines whenever we, on the order of any Government or immigration authority, are required to return you to the point of origin or elsewhere, owing to your inadmissibility into a country whether on transit or destination. In such circumstances, we will not refund any Fare to you for Tours with us that you are unable to participate for these reasons.

11 Clients are responsible for Fines, Detention Costs, etc.

11.1 If we are required to pay or deposit any fine or penalty or to incur any expenditure because you fail to comply with laws, regulations, orders, demands, or other travel requirements of the countries to be taken from, into or over, or to produce the required documents, you shall on the market reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or cost the value of any Tour unused by you or any remaining funds in our possession.

12 Security inspection.

12.1 You shall submit to any security checks or requirements by Government or immigration officials or by us.

13 Refusal

13.1 We may refuse to carry you if, in the exercise of our reasonable discretion, we determine that:
(a) such action is necessary for reasons of security;
(b) such action is necessary to comply with any applicable laws, regulations or orders of any state or country to be taken from, into or over;
(c) your conduct, status, age or mental or physical condition is such as to:
(i) require our special assistance;
(ii) cause harm, discomfort or make yourself objectionable to other Clients or crew; or
(iii) involve any hazard or risk to yourself or other person or property; or
(iv) You have committed misconduct, and such conduct may be repeated; or
(v) You have not observed or may fail to observe our instruction concerning safety or security; or
(vi) The applicable Fare has not been paid, or credit arrangements agreed between you (or the person paying the and us
Fare) have not been complied with, or
(viii) Upon our request, you do not provide a medical certificate to confirm that you are fit to travel.
If as a result of your conduct we decide, in the exercise of our reasonable discretion, to cancel your booking and return you to the original point of departure or somewhere else, then you must pay to us all costs which we incur of any nature whatsoever as a result of arising out of that conduct. In such a case, Tour Fare will not be refunded.

14 Alterations to these Terms and Conditions

14.1 No employee or representative of the Company has the right neither to alter, vary, waive the rights of these Terms and Conditions, nor to undertake any liability whatsoever on behalf of the Company unless such be in writing and signed by the director of the Company.

15 Health

Any client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of the booking.

16 Baggage

16.1 All baggage and personal effects are at all times at the Clients own risk. The Company does not accept liability for any loss or damage to luggage or personal effects.

17 Insurance

17.1 Travel and cancellation insurance are mandatory for all clients. Before a client commences a tour, he or she must arrange their insurance with a reputable insurer, with protection for the entire duration of the tour to cover injury, medical expenses, repatriation expenses, loss luggage, and associated expenses the cancellation curtailment of a time. The Company shall not refund the client in the case of illness, death or loss of body parts. We strongly recommend you buy fully covered travel and medical insurance. Please consult your insurance company.

18. Liability

18.1 We are not liable for damages arising from our compliance with any laws or Government regulations—neither orders nor requirements nor from your failure to comply with the same.

18.2 We are not liable for damages to baggage unless our fault causes such damage.   18. In the event, The Growcery Camp shall be liable to the client in contract, tort, under statute or otherwise, the liability of The Growcery be limited to direct costs and, in any case, shall not exceed a sum equal to the fare paid by the client. We shall furthermore not be liable for indirect, consequential damages of any nature whatsoever and howsoever arising.
18.3 Except in the case of negligence or fault on our part, our act or omission has done with intent to cause damage or recklessly and with the knowledge that damage would probably result, we shall not be liable to you in the event of an accident resulting in your death or other personal injuries while on tour operated by us. Clients bookings are accepted on the understanding that they appreciate the possible risks inherent in Adventure Travel and that they undertake the tours, safaris, river trips and expeditions at their own risk.18.4 The Client and their dependents, heirs, executors, administrators AR assign, at this moment indemnifies and hold harmless the Company, its members, employees, representatives, organisers, helpers and agents from any costs (including repatriation/transfer costs, penalties and fines issued by any relevant government) and claims of whatsoever nature and from any liability or delay, loss, damage, injury, illness, or death, arising from the client's conduct during the tour.

19 Information

19.1 The Company reserves the right to change prices due to unforeseen increases or exchange rates fluctuations. The Company also reserves the right to change any of the facilities or vehicles described. These changes are without becoming liable for compensation or refund.

20. Marketing

20.1 You acknowledge and agree that the Company may take films or photographs of you while on any Tour. The Company can make use of the   material in advertising and promotional material. This will be without obtaining your prior consent, and you shall not be entitled to any payment.

21. Severability

21.1 If any part, term or provision of this contract is held to be illegal or unenforceable, it shall not affect the validity or enforceability of the remainder of the agreement. Furthermore, suppose any covenants are held illegal or unforeseeable by their scale, extent or duration. In that case, it shall remain valid and enforceable in such reduced scale, scope or duration as any count may decide as being the maximum scale, time or duration permissible.

22. Cost of making changes to the booking.

22.1 Subject to the Company's sole discretion and the payment of South African Rand 500,00 ('Administrative Costs'), the client may elect to transfer the booking onto an alternative available tour no later than 31 days before the booked date departure. Should the Company be unable to move the booking for any reason and the client decides to cancel the booked Tour cancellation fees by clause three hereunder shall apply?

23. Jurisdiction and Law

24.1 These Terms and Conditions shall be interpreted under the laws of South Africa and submitted to the exclusive jurisdiction of the South African Court.