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Terms and Conditions

PRIVACY STATEMENT

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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at dawid@toerboer.co.za.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at dawid@toerboer.co.za.
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RETURNS AND REFUNDS

DEPOSITS / FULL PAYMENT

Unless otherwise specified, a non-refundable and non-transferable deposit of 20% (25% on certain products) of the total tour / travel price, per person, is payable within fourteen days of making a reservation. The balance of the total tour price due is payable not later than 45 days prior to the departure, unless otherwise specified. The total amount due is payable immediately in respect of reservations received within 45 days of departure. Provisional reservations will automatically be cancelled if the company has not received a signed participant Booking Form, together with the required deposit or full payment as applicable, within 14 working days of receiving the reservation request.

In addition to the required deposit for the land content, for reservations that include air tickets, we are required by the relevant airline to issue the air tickets within a specified 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. Please therefore refer to your confirmation for details regarding the ticketing time limits.

Toerboer will accept payment by credit card (via PayPal), EFT, bank issued cheque or cash. If the card is a foreign credit card then you will be required to supply various additional details. All payments are to be made out to Toerboer. Any charges made to a client’s credit card (debits) whilst travelling abroad is the client’s responsibility. Toerboer will not be liable nor accept responsibility for having these charges reversed or corrected upon return to South Africa.

CANCELLATIONS

Once a reservation request has been received in our office, it becomes liable for cancellation fees in accordance with the following scale, unless otherwise specified. Participants who cancel their reservations more than 8 weeks prior to departure – forfeiture of full deposit paid. Participants who cancel within:

Current to 90 days prior to departure will forfeit 25% of total tour price,
89 to 45 days prior to departure will forfeit 50% of total tour price,
44 to 0 days prior to departure will forfeit 100% of total tour price.
These conditions will be strictly adhered to and cancellation insurance is therefore strongly recommended. In accordance with the standard procedure adopted by all tour operators worldwide, we reserve the right to cancel any tour / travel arrangements prior to departure, in which event the entire payment made will be refunded to the participant without any further obligation on the part of the company.

All bookings are also subject to the terms and conditions specified by the individual suppliers of the services which the customer contracts for in terms of the booking. The Company will provide on request, the identity of the supplier and such supplier’s terms and conditions may include, but are not limited to, provisions regarding their cancellation fees or amendment charges as applicable to confirmed reservations, refunds /no refunds for no-shows / unused services; late booking fees; baggage allowances; confirmation of flights, etc. In the case of airlines the general minimum cancellation fee applicable to tickets issued, is 25% (twenty five per cent); the typical baggage allowance is 20kg; extension of ticket validity is not permitted and the customer must reconfirm his / her flight within 72 hours prior to departure.

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TERMS OF SERVICE

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OVERVIEW

This website is operated by Toerboer. Throughout the site, the terms “we”, “us” and “our” refer to Toerboer. Toerboer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Toerboer, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Toerboer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa as agreed to by Toerboer.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at dawid@toerboer.co.za.

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TERMS AND CONDITIONS FOR TOERBOER BOOKINGS

CONTRACT

A contract will not exist between the Company and the participant / s until such time as we have received a completed / signed copy of our standard Booking Form. 


DEPOSITS / FULL PAYMENT

Unless otherwise specified, a non-refundable and non-transferable deposit of 20% (25% on certain products) of the total tour / travel price, per person, is payable within fourteen days of making a reservation. The balance of the total tour price due is payable not later than 45 days prior to the departure, unless otherwise specified. The total amount due is payable immediately in respect of reservations received within 45 days of departure. Provisional reservations will automatically be cancelled if the company has not received a signed participant Booking Form, together with the required deposit or full payment as applicable, within 14 working days of receiving the reservation request.

In addition to the required deposit for the land content, for reservations that include air tickets, we are required by the relevant airline to issue the air tickets within a specified 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. Please therefore refer to your confirmation for details regarding the ticketing time limits.

Toerboer will accept payment by credit card (via PayPal), EFT, bank issued cheque or cash. If the card is a foreign credit card then you will be required to supply various additional details. All payments are to be made out to Toerboer. Any charges made to a client’s credit card (debits) whilst travelling abroad is the client’s responsibility. Toerboer will not be liable nor accept responsibility for having these charges reversed or corrected upon return to South Africa.

CANCELLATIONS

Once a reservation request has been received in our office, it becomes liable for cancellation fees in accordance with the following scale, unless otherwise specified. Participants who cancel their reservations more than 8 weeks prior to departure – forfeiture of full deposit paid. Participants who cancel within:

Current to 90 days prior to departure will forfeit 25% of total tour price,
89 to 45 days prior to departure will forfeit 50% of total tour price,
44 to 0 days prior to departure will forfeit 100% of total tour price.

These conditions will be strictly adhered to and cancellation insurance is therefore strongly recommended. In accordance with the standard procedure adopted by all tour operators worldwide, we reserve the right to cancel any tour / travel arrangements prior to departure, in which event the entire payment made will be refunded to the participant without any further obligation on the part of the company.

All bookings are also subject to the terms and conditions specified by the individual suppliers of the services which the customer contracts for in terms of the booking. The Company will provide on request, the identity of the supplier and such supplier’s terms and conditions may include, but are not limited to, provisions regarding their cancellation fees or amendment charges as applicable to confirmed reservations, refunds /no refunds for no-shows / unused services; late booking fees; baggage allowances; confirmation of flights, etc. In the case of airlines the general minimum cancellation fee applicable to tickets issued, is 25% (twenty five per cent); the typical baggage allowance is 20kg; extension of ticket validity is not permitted and the customer must reconfirm his / her flight within 72 hours prior to departure.

INSURANCE

Insurance is the participant’s responsibility and all participants 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.

TOUR PRICES

All tour prices are based on the airfares, tariffs and rates of exchange prevailing at the time when those quotations were prepared. All tour / travel prices are therefore subject to change without prior notice due to unforeseen exchange rate fluctuations; tariff adjustments and / or accommodation / airfare increases / fuel surcharges / airport tax amendments, which may become effective up to and including the day that full payment is received in our offices.

Rates quoted on any offer, price insert, brochure, website, advertisement etc., are based on airfares (where included), hotel prices, land costs, cruise rates, rail fares, tour tariffs etc., and rates of exchange prevailing at the time. Toerboer therefore reserves the right to adjust all tour / travel prices at time of final payment in accordance with increases in airfares, hotel rates, airport tax tariffs, fuel surcharges or currency fluctuations etc. All information contained in the Toerboer brochures / itineraries / website and / or price inserts etc. are to the best of our knowledge and belief accurate at the time of publication, but Toerboer accepts no liability for any errors / inaccuracies that may occur.

NOT INCLUDED IN TOUR PRICE

The basic tour prices do not generally include the airport taxes (unless otherwise specified), local hotel tourism taxes & levies (where applicable), car rental contract levies (where applicable), costs of obtaining visas and passports, telephone calls, laundry, entertainment arrangements, meals / beverages and other items of a personal nature, unless actually specified to the contrary in the itinerary / tour program / relevant documentation.

OVERBOOKINGS

We undertake to inform you without delay if we are obliged to cancel your reservation for any unforeseen reason and we will offer you an alternative of a comparable standard subject to availability, or a full refund of the deposit paid within 21 days. We will take all reasonable steps to ensure that your accommodation as booked is available on your arrival at the destination. However if we become aware of an overbooking situation prior to the time of your departure we will inform you and offer you an alternative of similar standard (if available), or a full refund of the payment made to us. If we are not unaware of the overbooking at the time of your departure then we will arrange appropriate compensation if the alternative accommodation provided by the supplier is not similar to the standard of the accommodation originally booked.

TOUR ITINERARIES

Tour itineraries / travel arrangements may be subject to alteration where necessary according to local conditions en route, without prior notice. Due to various prevailing / unforeseen circumstances, tours are not always able to follow the provisional / suggested routing as set out in the tour brochure or published itinerary. Information contained therein should therefore be regarded as a basic guide only. While it is possible for the participant to break away from planned holiday itineraries after departure it is understood that extra expenses incurred as a result of such a breakaway will be for the participant’s account and any unused service cannot be refunded. Amendments and cancellations en route must be made with our operators directly.

While every effort is made to keep to all pre-confirmed itineraries, we reserve the right to make changes for your convenience. As we plan arrangements in advance; do not own or control the airlines, hotels and /or other supplier companies who will provide participants holiday components, changes and even cancellations may occasionally become necessary. In the event that the hotel accommodation, excursion, service, flight, cruise, rail journey etc. has been properly confirmed by Toerboer but subsequently becomes unavailable for any reason whatsoever, Toerboer do not accept any liability for such unforeseen circumstances. Air transportation will be economy class unless otherwise specified. No refund will be considered for any unused services irrespective of whether they form part of the basic inclusive tour price or whether they are in respect of pre-booked optional arrangements.

AMENDMENT FEE

An amendment fee of R250 plus VAT, per party, per amendment, will be charged. Domestic travel bookings will be subject to a R75 plus VAT charge.

LATE BOOKINGS

A minimum late booking fee of R200 plus VAT, per booking, will be charged in respect of all reservations received within five working days of the departure date in order to cover urgent communication / administration expenses.

DOCUMENTATION

It is the personal responsibility of each participant to ensure that they are in possession of the correct documentation prior to departure. The company shall not accept responsibility or liability for any consequences of any nature whatsoever arising from the participant failing to ensure that he / she has complied with the necessary health / passport / visa requirements.

RECONFIRMATIONS

Participants are reminded about the importance of reconfirming their onward / return flight reservations, on arrival of each destination. Failure to do so may result in cancellation of reservations by the airline.

PASSPORTS, VISAS, VACCINATIONS AND INOCULATIONS

The responsibility to obtain proper, current and valid passports, visas, vaccinations, inoculations and the like as and where required, is that of the customer alone. The Company 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 Customer must ensure that their passport is valid for at least six months beyond the end of the travel period. South African residents traveling on a foreign passport must ensure that they have correct documentation from Home Affairs for re-entry to the country. Toerboer bears no responsibility for incorrect passport or immigration documentation.

RESPONSIBILITY AND LIABILITY

Toerboer act as agents only for local and international ground operators, airlines, cruise companies, rail operators, car rental companies, hotels etc and consequently accepts no liability whatsoever for any loss, damage, injury, accident, delay or any other irregularity howsoever occasioned by any principal supplier. Toerboer makes every effort to ensure that all the arrangements and services connected with a participant’s itinerary will be carried out as specified by the supplier in an efficient and effective way. However we do not have direct control over the provision of services by suppliers and whilst they are in all cases carefully selected with great care, we do not accept liability for error and omissions of such suppliers. Please be aware that hotels undergo renovations for time to time. Hotels generally take all possible steps to limit disruption and inconvenience to their guests when that occurs. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work in advance by the hotel information will be passed on to the participant but it is important to understand that this is subject to change and that we may not always be notified.

CONTRACT RATES

In accordance with standard industry practice, most of our foreign hotel rates, airport transfer services and other tour / travel / cruise / transport arrangements etc. are contracted for 12 months in advance, on an annual basis. In most instances the seasonal net tariffs applicable to high volume producing wholesalers generally represent savings over the normal public rack rates that would ordinarily be applicable to individual members of the public. There may however be times where certain travel / accommodation suppliers advertise / offer short term discounted ‘special offer’ rates which are essentially intended for their own domestic home markets. In such instances those rates may undercut our confirmed advance booking / contracted prepaid international annually contracted market rates. When individual suppliers exercise their inherent right to adopt any shortterm tactical discounting policy due to unforeseen distressed inventory, it is generally as a result of a sudden downturn in the normal anticipated booking trends, or as a means to counter offers made by competitors during depressed market conditions. This sometimes has the effect of causing a temporary ‘price war’ in the local market, amongst competing suppliers and tour operators. In signing this booking form, participants acknowledge that our rates are contracted for in advance on an annual basis and that once accepted, situations as explained above may occur. Accordingly we cannot be held liable for any price discrepancy that may arise between the contracted tariffs we offer for the advance booking services we provide, and any possible short term lower market rate tariff differentials that may be available to direct customers of the accommodation / service suppliers from time to time.

TRAVEL DELAYS

Toerboer does not hold itself responsible for any delays prior to departure, or during the course of its tours, brought about by technical difficulties, strikes, weather conditions or any other unforeseen circumstances which are beyond its control. It is understood that any expenses relating to these unscheduled extensions (e.g. hotels, meals, airfares, telephone calls, etc.) will be for the participant’s account. Losses due to travel delays may not be refundable, however we will always do our best to negotiate refunds on behalf of participants.

FORCE MAJEUR (SUPERIOR FORCE)

Toerboer does not accept liability or pay you compensation where the performance of our contractual obligations is affected by "force majeure" (included but not limited to war, threat of war, riot, civil or political unrest, industrial dispute, terrorist activity, natural or nuclear disasters, fire, adverse weather conditions, closure of ports or airports, air traffic control delays, technical problems), or other circumstances amounting to "force majeure". The company will always do its best to assist participants where necessary and or possible.

UNUSED SERVICES

No refunds will be considered for any unused services irrespective of whether they form part of the basic package, or whether they are in respect of pre-booked optional arrangements. No refunds can be considered on partially unused hotel accommodation, flights or car rentals.

SPECIAL REQUESTS

Should you have any special requests these should be conveyed to us at the time of booking. Toerboer will endeavour to comply with special requests however we cannot guarantee that these special requests will be met.

STANDARD TRADING CONDITIONS

All companies and divisions of Toerboer, act only as booking agents only on behalf of local and international principal suppliers of accommodation, transportation, cruise, rail, and other general travel related services. Whilst every effort is always made to ensure that our preferred suppliers fulfill their obligations to our clients in a satisfactory manner, Holiday Holdings and their associated companies shall not be liable for any injury, damage, loss, accident, delay or any other irregularity that may be occasioned by any defect in any vehicle, or other form of conveyance, or by error or default of any company or person engaged in carrying out the tour / travel arrangements, conveying the participants, or otherwise in connection herewith. Toerboer does not accept responsibility or liability for the financial default of any service provider, which may result in the non-performance of obligations to the participant in respect of pre-paid travel arrangements organized through any Toerboer company or associate, acting in their capacity as booking agents on behalf of such principal suppliers.

DOMICILIUM ET EXECUTANDI

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