Terms & Conditions

Terms and Conditions 
Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and Ngamula Safaris & Transfers.  We act as booking agents for the suppliers of the component parts of the holiday we organise, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that supplier’s standard terms and conditions.

Bookings save for late bookings as referred to hereunder, are confirmed on the condition that a non-refundable deposit, of a minimum of 50% of the total package price, is paid to Ngamula Safaris & Transfers within 72 hours of confirmation of your bookings.  You will be advised at the time of booking what payment is required for your particular arrangements.  The balance of the cost of your travel arrangements must be paid no less than six weeks prior to departure. If your booking is made within 6 weeks of departure, the total cost of your travel arrangements must be paid at the time of booking.  Please note: FAILURE TO PAY ON TIME WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR BOOKING.

Late Booking Fee & Communication Expenses (Telephone Calls)
In the event of a booking (except South Africa bookings) being made less than 7 days prior to the date of departure, Ngamula Safaris & Transfers reserves the right to charge for any extra communication expenses.  Full payment is due immediately on confirmation and is non-refundable on all late bookings.  Some bookings require full payment at the time of booking i.e. prior to confirmation.  If we are unable to secure confirmation you will be refunded in full.

Price Changes
The costs associated with travel arrangements are not always stable, and currency movements can fluctuate sharply.  It is impossible to predict these movements in advance.  When you book a package through us, we reserve the right to pass on any surcharges to you.  Surcharges may be imposed to cover increases in transportation costs, including the costs of fuel and security charges, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates applied to the particular package.
Ngamula Safaris & Transfers guarantees the price of land arrangements, only once full payment is received.

Methods of Payment
The agent acknowledges that s/he has seen the card and that the signature on the card is the same as that on the Credit Card Charge Form.  A signed and validated Standard Credit Card Charge Form (SCCCF) or payment through our Virtual Card Services system, are the only recognised forms of payment for credit cards.  If the card is a foreign credit card then you may be requested to supply various other details.
Cash or EFT Transfers:  We accept EFT transfers, or cash deposited into one of our bank accounts, subject to condition that the EFT transmission report or the cash deposit slip is provided to ourselves and such payment has been confirmed as received by ourselves.

Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions.  All means of transportation are subject to weather conditions, the need for constant maintenance, and the ability of passengers to check-in on time.  There is no guarantee that flights, ferries, ships, trains or coaches will depart at the times stated on any itinerary or tickets which you receive.  All timings are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations.

Documents: (vouchers, itineraries, etc.) are only prepared on receipt of full payment of the package price, and signed conditions of contract (i.e. our booking form) and will be ready 48 hours after payment has been received.  Should you require your documents and air tickets to be forwarded to either yourself or the departure airport this may be arranged with us. However, the courier costs in respect thereof will be for your own account.

Unscheduled Extensions
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of Ngamula Safaris & Transfers, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation etc.), will be for the account of the passenger. Ngamula Safaris & Transfers accepts no liability for changes, omissions or delays before or during the course of any holiday occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or the like.

Changes by You
If you wish to make a change to your booking we will endeavour to assist you to make the change wherever this is possible.  You will have to pay all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements when amending a booking any time prior to departure.  Fares will be re-quoted at the time of amendment.
After departure it is understood that extra expenses incurred as a result of any change will be for the passenger’s account, and any unused service will not be refunded.
Amendments and cancellations en route must be made with our operators directly.

Cancellation by You
If you wish to cancel your booking you must advise Ngamula Safaris & Transfers immediately.  You will be liable to pay the following cancellation charges:
Where your booking includes a special fare, the relevant charges are levied by the airline.  In some circumstances this may be 100% of the total fare, regardless of when cancellation is effected.
Where your booking is for a package, you will be responsible for all cancellation charges, of whatsoever  nature, imposed by the suppliers providing the component parts of such travel arrangements.
Ngamula Safaris & Transfers charges a cancellation fee equal to 10% of the package price on any finalised booking. However, Ngamula Safaris & Transfers reserves the right to charge a cancellation fee of up to 100% of the total package, in its sole discretion, in particular circumstances.  Any monies, which you have already paid to us, will be taken by us as payment or part payment of any cancellation charges.

Our Right To Change Your Travel Arrangements
A significant change to your travel arrangements would include a change in the departure date from South Africa; where the flight times are changed by more than 12 hours or a change to a lower standard of accommodation to that which is booked.  In these instances of significant changes to your travel arrangements Ngamula Safaris & Transfers undertakes to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard.
All other changes are minor changes.  A minor change can be made at any time and, if practicable, we will advise you of any such change prior to arrival but we are not obliged to do so.  Such minor changes may be made by Ngamula Safaris & Transfers , in its discretion, who will not be responsible or liable for the payment of compensation to you as a result of such minor changes.
Every effort is made by Ngamula Safaris & Transfers to adhere to confirmed itineraries; however, we reserve the right to make changes to your travel arrangements when it becomes necessary to do so.  Travel arrangements are made in advance but due to the fact that Ngamula Safaris & Transfers is reliant upon suppliers such as airlines, hotels and/or other supply companies, changes to travel arrangements and cancellations thereof may occasionally become necessary.

Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”.  In these Booking Conditions, “force majeure” means any event which we or the supplier of the service’s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

Responsibility And Liability
Ngamula Safaris & Transfers act as agents only for local and international ground operators and airlines and accordingly accepts no liability whatsoever for any loss, damage, injury, accident, delay, or any other irregularity howsoever arising.  Ngamula Safaris & Transfers makes every effort to ensure that all the arrangements and services connected with a passenger’s itinerary will be carried out as specified in the most efficient and effective way possible.  However, we do not have direct control over the provision of services by suppliers and, whilst they are in all cases selected with the utmost care, we do not accept liability for error and omissions of such suppliers

Jurisdiction of the Magistrate’s Court
Ngamula Safaris & Transfers Tours, shall be entitled, at its option to institute any legal proceedings arising out of or in connection with this contract in any Magistrate’s Court having jurisdiction in terms of Section 29 of the Magistrate’s Court Act No 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

This document together with Ngamula Safaris & Transfers’ standard booking form and Ngamula Safaris & Transfers invoice / itinerary constitutes the sole record of the agreement between the parties.  No party shall be bound by any representation, warranty, and promise of the like not recorded herein.   No addition to the Ngamula Safaris & Transfers standard booking conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties.  No indulgence which Ngamula Safaris & Transfers, (“the grantor”), may grant to the passenger (“the grantee”), shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.  All costs and disbursements, including legal costs on the attorney and client scale incurred by Ngamula Safaris & Transfers in recovering any damages and payments payable by the passenger to Ngamula Safaris & Transfers shall be for the passengers’ account.  This agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa.  The passenger hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement.  The parties hereby respectively choose domicilium citandi et executandi for all notices and processes to be given and served in pursuance of this agreement at their respective addresses as given on Ngamula Safaris & Transfers’ standard booking form.   Either party may change its domicilium by written notice delivered by hand or sent by prepaid registered post to the other party.   In this agreement an expression which denotes a gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.