Terms & Conditions
Welcome to South Africa; It is this country we at Alan Tours undertake to show you with a passion and delight, whether traveling on your dream holiday or doing business in this dynamic sector. We will guide you with the expertise accumulated over time spent in the wildlife and hospitality industry. Guide you, with a passion undiminished, in fact enhanced with the passage of time.
Please note: All rates for Day Tours are quoted as departing and returning to Port Elizabeth unless otherwise stated.
Tours departing from and returning to outlying towns and districts will be quoted on their individual merits and circumstances.
Advertised rates are valid till 31.10.2020
Rates are subject to change without prior notice
Terms and Conditions can change with prevailing conditions and circumstances
1.1. “Alan Tours” refers to Alan Fogarty, Tours and Holiday Services CC (No. 2005/150640/23) trading as Alan Tours incorporating The Original Big 7 Safari CC (No. 2011/029560/23) and Port Elizabeth Tourism CC (No. 2005/025064/23) registered as a close corporations in the Republic of South Africa.
1.2.“Client/guest” – refers to the person/s who is/are named and identified in the booking email and/or invoice as the confirmed party/ies embarking on the trip or excursion and by being so named contracts and is held bound by these terms and conditions, notwithstanding that not all the person/s might have signed the booking form and that an agent might have made the booking, in which case such agent will be similarly bound. All such person/s named in the booking form shall be jointly and severally liable for the due performance of their obligations in terms hereof and agree to be bound by the terms and conditions contained herein. All minors warrant that they have contracted with their legal guardians.
1.3. “Trip” – refers to any tour, excursion, safari or similar booking made with Alan Tours as described on the email and/or itinerary attached thereto, as applicable.
1.4. “Quotation” – the written document/email supplied to you by Alan Tours and constituting a pro-forma invoice for services supplied or to be supplied as the case may be.
1.5. “Services” refers to and includes but is not limited to, the trip as well as the procurement of accommodation, transport and transfers by Alan Tours on behalf of the client with third party suppliers of various establishments relating to the travel industry and including all services incidental thereto.
1.6. “You or Your” – refers to the client/guest as defined.
1.7. “Supplier/s” refers to the third party agent with whom Alan Tours books services on behalf of the client, including but not limited to accommodation establishments, shuttles and so on.
In the interpretation of these Terms and Conditions the headings are used for reference only and do not aid in the interpretation of the contents.
Any reference to the singular shall include reference to the plural and vice versa while any reference to gender includes reference to both genders and any reference to natural persons will include reference to legal entities.
2. BOOKING PROCEDURE
2.1. To secure your reservation, a 50% (Fifty per cent) deposit will be required to be paid to Alan Tours after receipt of a proforma invoice. Failure to do so within good time will result in the automatic cancellation of your booking.
2. 2. The remaining balance of payment amounting to 50% (fifty per cent) must be paid to Alan Tours, 30 days prior to the commencement of your booking. However, if you have made your reservation for your trip within 30 days of departure, the full payment must be paid on the date of the reservation being made to secure your booking.
2.3. In order to confirm reservations with our service providers we in turn need to make a deposit to them within 5 working days of receipt of your proforma invoice.
The quoted rates include all the expenses, either included or excluded as described in each individual itinerary.
2.4. We accept MasterCard, VISA and American Express credit cards.
2.5. Alternatively, you can settle via EFT (Electronic Funds Transfer).
Any bank charges incurred as a result of such a payment(s) or foreign exchange commissions or differences in currency, will be for your own account, notwithstanding the method of payment chosen.
2.6. Alan Tours reserves the right to cancel reservations should your deposit or balance of payment not be received on time.
2.7. Alan Tours reserves the right to increase a quotation before receipt of payment should the supplier increase the prices, this despite the quotation already having been issued. The updated prices will be posted to the website as soon as possible after notification.
2.8. Should you have paid in full for your booking and there are increases that occur in pricing that neither ourselves as tour operator nor the suppliers have any control of, you will be liable for these increases and will be billed accordingly. This can be as a result of several factors including, but not restricted to, Government Tax increases that affect tourism related services and park fee increases.
2.9. For agent bookings, payment must be made before the guest’s arrival.
3. WAIVER, INDEMNITY AND LIABILITY
3.1. We act as tour operator between yourself and suppliers to secure the best bookings for you as a client, however we cannot be held responsible for any defects, changes or cancellations in the bookings or trips, which includes, but is not limited to, delays, loss or damages arising from any causes, including dissatisfaction with the booking, or any loss, damage or delay caused by the suppliers or any third party.
3.2. All vouchers, tickets and receipts issued by Alan Tours, suppliers or any third party will be subject to their terms and conditions and you undertake to abide thereby while doing so and participating throughout the trip at your own risk and liability.
3.3. Alan Tours, its director, staff, employees and assigns are hereby indemnified by yourself against any claim for loss or damage whatsoever that may arise or have arisen in connection with any services supplied or offered by or in connection with them.
3.4. Any claim or claims which you, your agent, executor, heirs or assigns may have for any compensation for damages or loss, or the like from Alan Tours resulting from injury or any loss occasioned whatsoever, are hereby irrevocably waived and this includes any transportation to or during the trip as well as any illness , injury or death arising during or after the trip.
4. CANCELLATION AND REFUND POLICY
Cancellations are only effective upon Alan Tours receipt of written notification timeously (as indicated below) of the reasons for such cancellation by e-mail before the due commencement date and time of the booking.
Cancellation of bookings is subject to the following conditions
4.1. Cancellation policy that apply to FIT’s (Free Independent Travellers)
There will be no refund for a no-show on the day.
No refund will be granted should the client / operator not complete the tour.
Refunds will only be made where possible after consultation with service providers and their cancellation and refund policies where services and or accommodation has been booked and paid for by Alan Tours on behalf of our clients.
4.2. Cancellation policy that apply to cruise ships and inbound aircraft passengers who have made reservations for Tours, Safaris or Excursions with Alan Tours and have pre-paid deposits or in full for these services.
4.2.A) Arrangements will be made to reschedule, where possible, any Safari, Tour or Excursion reservations that have been pre-booked with Alan Tours and paid for by passengers arriving by cruise ship or aircraft who for reasons of bad weather or other circumstances that are within reason out of the control of the passengers using either inbound cruise ships or aircraft.
4.2.B). If for whatever reason an inbound cruise ship or aircraft cannot or will not dock in the Port Elizabeth’s harbour or that an inbound aircraft cannot or will not land at the Port Elizabeth airport and those passengers who have made reservations with Alan Tours and who have pre-paid, in part or in full for such Safaris, Tours or Excursions and who through reasons out of their control, Alan Tours undertakes to refund according to the above schedule and to reimburse the relevant amount into the clients credit card account at our soonest convenience.
4.2.C) If for any reason passengers are prevented from disembarking from their ship or from their aircraft once these have either docked at the relevant harbour or having landed at the relevant airport for whatever reason that is out of their control then Alan Tours undertakes to refund 50% of the amount previously paid and to reimburse this amount into the client’s credit card account at our soonest convenience.
4.2.D) If for any reason through civil unrest, strikes or other protest action, traffic blockades or any other incidence of civil unrest that prevents Alan Tours access into the place of entry into the city, at either the harbour or airport then Alan Tours will not accept responsibility for such unrest or civil unrest and will not therefore be in a position to make any refunds for any amounts that are prepaid either in part or in full.
4.2.E) If for any reason through civil unrest, Strikes or other protest action, traffic blockades or any other incidence of civil unrest that prevents Alan Tours access into the destination where the activity, tour or excursion has been booked then Alan Tours will not accept responsibility for such unrest or civil unrest and will not therefore be in a position to make any refunds for any amounts that are prepaid either in part or in full.
4.2.F) If a Service provider, Cruise ship or a Destination Management Company (DMC) for any reason(s) whatsoever, chooses to cancel their scheduled stop over or stay in Port Elizabeth or any other destination(s) where Alan Tours or their representative(s) are due to meet or drop off passengers to rendezvous with said ship or other mode of transport, for whatsoever reasons where passengers have pre-paid, in part or in full for such safaris, tours or excursions, Alan Tours will not accept responsibility for the cancellation initiated by the Service provider, Cruise ship or Destination Management Company (DMC).
4.2.G) You will not be entitled to refunds for a no show or for a partially used booking.
A refund administration fee of R 250.00 per booking will be charged.
5.1. Alan Tours will always make use of their own vehicles when possible. However, when large volumes of reservations have been made for example when a cruise ship or more dock in Port Elizabeth, we are then obliged to outsource extra vehicles to accommodate the guests.
5.2. Vehicles will be provided according to the route and number of clients to be comfortably accommodated.
5.3. Vehicles quoted for are subject to change according to what is available or not available on any given day and zero refund will be made if the vehicles quoted on are not available.
6. VEHICLE INSURANCE AND PUBLIC LIABILITY
Alan Tours are covered by a reputable and well recognised company of insurance brokers, cover that includes passenger liability and full vehicle insurance and underwritten by Lloyds of London
7. TRAVEL INSURANCE
7.1. The purchase of sufficient and comprehensive travel insurance is mandatory and must be confirmed at the time of your booking.
7.2. Should you fail to obtain comprehensive travel insurance timeously, all and any costs arising from the possible need to cancel, re-route or follow different travel arrangements including any medical and emergency procedures will be for your own account and Alan Tours indemnifies themselves wholly from any harm, loss or damages that you or your heirs or assigns may suffer as a result.
8. PASSPORTS AND VISAS
8.1. It is your responsibility to ensure that all your travel documents are in order and up to date and immigration regulations such as visas and / or permits are satisfactorily obtained and in your possession for travel. It is advisable that you contact the consular or embassy of your destination country as well as countries passing through, in order to verify the requirements and ensure that you are adequately prepared. No refunds due to incomplete travel documentation will be given or entertained.
8.2. Your passport must have sufficient blank visa pages available in accordance with the regulations of the various African countries. It is recommended that a minimum of 2 (two) blank pages per country that you will be visiting or passing through be available in your passport. Furthermore, your passport must be valid for the prescribed period as contained in the applicable regulations of the countries you will be visiting or passing through.
8.3. If you are travelling with a minor child, you will need their unabridged birth certificate and if only one parent is travelling with the minor, you will need to provide a letter of consent from the absent parent that the minor is allowed to travel with you.
8.4. This is not a comprehensive list of the required travel documents and should not be construed as such.
9. CHANGES TO TRAVEL ITINERARIES
9.1. We will present you with an itinerary but travel through Africa is intended to be fun, spontaneous and adventurous. This results in the itinerary being little more than a guideline of your trip and subject to change as there are many factors and conditions beyond the control of Alan Tours and supplier/s, such as extreme weather, political conditions, outbreaks and road passabilty to mention a few, but not be limited, to a few.
9.2. Should alternative arrangements be deemed necessary; Alan Tours will endeavour to provide this as adequately as possible, but which may incur extra costs for which you are liable. Should alternative arrangements not be possible, we will strive to refund you the portion of unutilized services, subject to our recovery from the supplier. Similarly, should you choose not to partake in the alternate itinerary, Alan Tours will strive to refund you as above and subject to recovery from the supplier.
10. INNOCULATION, IMMUNIZATION AND MEDICATION
10.1. African countries have varying inoculation, immunization and medication requirements and it is essential that you familiarize yourself with these and take the necessary action timeously as travel will not be permitted unless you meet these requirements which are your full responsibility. It is furthermore your responsibility to be familiar with all diseases, both real and potential, when travelling to and through Africa and to take the necessary precautions and vaccinations.
10.2. It is also your responsibility to ensure that you are medically fit and healthy for travel and in some cases you may be required on request to provide a medical statement from a medical practitioner to confirm that you are fit and healthy to travel.
10.3. It is essential that we are advised by our guests of any allergies they might have, so that we and our service providers are aware of the situation before their arrival in South Africa. Should there be any dietary requirements that need to be catered for please advise us in good time to ensure that our service providers can make the necessary arrangements to provide the required meals etc. Some of these requirements might attract extra costs.
11. ILLNESS OR DISABILITY
11.1. If you are suffering from any illness or disability, or are undergoing any medical treatment, you must declare this openly and honestly to Alan Tours at the time of booking your trip. In a similar manner, if you are affected by any condition that may affect you or others during your trip in any way, you must comprehensively advise Alan Tours at the time of your booking.
11.2. It is your responsibility to make arrangements for the provision of any medication or treatment while you are away.
11.3. Failing to declare any conditions, illnesses, disability or the like, will constitute a breach of these terms and conditions and can result in you being excluded from your booked trip or excursion without refund of any payment.
12. AUTHORITY OF TOUR LEADER
12.1. The tour leader adopts an authoritative position in relation to you as client and for the peace of mind and safety of everyone on the trip, this must be adhered to at all times during the trip. By booking the trip, you undertake to abide by and be bound by the decisions and leadership of the tour leader at all times.
12.2. Similarly it is your obligation to behave in a responsible manner throughout the trip and any illegal, unwarranted, or inappropriate behaviour on your behalf and/or any behaviour which constitutes a nuisance can result in your trip being terminated with immediate effect and without any recourse to a refund.
13.1. Accommodation is based on two persons sharing a room. Single rooms are available at an additional cost but are not always guaranteed.
13.2. The rates are quoted in South African Rand.
13.3. Group rates available on request.
13.4. Single travellers welcome (single supplement applies).
13.5. Children 5 years and older welcome on safaris. Arrangements can be made to accommodate children younger than 5.
13.6. No animal sightings can be guaranteed.
13.7. All rates for Day Tours are quoted as departing and returning to Port Elizabeth unless otherwise stated.
13.8. Tours departing from and returning to outlying towns and districts will be quoted on their individual merits and circumstances.
13.9. Should any errors occur on our website, brochures or other advertising or marketing material with regard to pricing, Alan Tours reserves the right to correct it as soon as it is brought to our attention and cannot be held bound thereby.
13.10. Alan Tours will not be held responsible for any changes initiated by airlines or discontinued or cancelled flights on certain routes or changes to scheduled timetables resulting in missed connections etc.
14. COPYRIGHT AND PHOTOGRAPHS, VIDEOS AND PICTURES THAT APPEAR ON THIS WEBSITE.
14.1. Please note that all content on these pages including all pictures, videos and paintings that appear on this and other websites are the express property of Alan Tours and the owners of Alan Tours including the incorporated entities that fall under the Alan Tours brand unless otherwise stated and where credits have otherwise been appropriated.
14.2. Any permission to reproduce, reprint or distribute in anyway any of the above said materials must be granted in written permission by the owners of Alan Fogarty Holiday Services and Tours c.c. before any of the said materials can be reproduced and or distributed.
15. COMPLAINTS AND DISPUTE RESOLUTION
15.1. Any complaints must be addressed in writing to Alan Tours via email to email@example.com
15.2. We aim to reply within 30 days of receipt of your complaint and will make every effort to resolve any dispute after investigation with the relevant supplier and this will be communicated back to you as soon as possible.
15.3. It cannot be guaranteed that any dispute will be resolved to your satisfaction as resolution thereof may be beyond the control of Alan Tours.
16. GENERAL LEGALITIES
16.1. The terms and conditions governing your trip and our relationship are set out in this document. A link to these Terms and Conditions has been provided with your proforma invoice. Please read these Terms and Conditions thoroughly.
16.2. These Terms and Conditions will prevail in the event of any contradiction in the documents so please ensure your familiarity with them as you have agreed and are hereby bound to these terms and conditions.
16.3. No party shall be bound by any express or implied terms, representation, promise or the like not recorded herein.
16.4. These Terms and Conditions are from time to time updated and amended as required by prevailing times and conditions which will be necessitated due to changes in policy, administration and legislative alterations. Please ensure that you are familiar with the most recent document.
16.5. No relaxation or indulgence will constitute a waiver of these terms and conditions and both parties remain entitled to their rights as ascribed to them in terms hereof, despite not insisting on them at any given time.
16.6. Should any of the terms and conditions as found herein be deemed to be invalid or null and void as determined by a court of law, the rest of the provisions will remain in full force and effect as if the former had not been included.
16.7. The Terms and Conditions of this agreement and supporting documents will be governed by the Laws of South Africa and shall be enforceable within the Republic of South Africa and its Courts.
16.8. The parties hereby consent to the jurisdiction of the Magistrates Court of South Africa in respect of any action or proceedings which may be brought, provided that Alan Tours shall be entitled to bring proceedings in the High Court, where such proceedings would, but for a foregoing, be beyond the jurisdiction of the Magistrates Court and can do so at their own election.
16.9. In the event that Alan Tours institutes proceedings in order to recover costs, the costs of recovery and all associated costs will be for your account on an attorney and own client scale.
16.10. No responsibilities, rights or obligations in terms of these terms and conditions can be assigned or ceded by you to a third party.
16.11. Should Alan Tours be prevented from carrying out any of its obligations in terms of this agreement due to causes beyond its control, Alan Tours shall not be held liable to continue with its obligations while the causes persist and further more shall not be held liable for any delays or losses or damages which may be incurred as a result.
17. DOMICILIIUM AND NOTICES
17.1. The parties choose domicilium et executandi (domicilium address) for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purpose arising out of these terms and conditions and any ancillary documents, their addresses are as follows:
Alan Fogarty Holiday Services and Tours Close Corporation. Number 5 Albatross Crescent Seaview 6011 Port Elizabeth. This is the physical address found on our invoices.
17.2. Either party will be entitled to change its address from the aforegoing as long as same is done no later than 7 days before any such issue of process or similar and same is done by written notice and so acknowledged by the other party receiving such notice.
Alan Fogarty, Tours and Holiday Services CC no. 2005/150640/23
trading as Alan Tours incorporating
The Original Big 7 Safari CC 2011/029560/23
Port Elizabeth Tourism CC 2005/025064/23
18. Terms and Conditions for Transfers please find here