Enjoy Africa Travel is a brand for guiding services in Africa. By signing the contract and participating in one of our expeditions you agree and accept our terms and conditions, written below.
We do not sell tour packages or complete services. Based on our service contract (guiding contract) you will only pay for our guiding services, all other travel related costs will be paid directly to the service providers in Africa.
General terms and conditions for guiding services supplied to individuals and groups during an expedition
These general terms and conditions (further only “terms”) regulate mutual rights and obligations according to the contract for provision of services (further “contract”) which is concluded between the guides of Enjoy Africa Travel (further “guide”) and the client (further “client”).
I. Introductory Provisions
These terms are an integral part of the contract formed between the guide and the client. Based on these Conditions, clients participate in expeditions or use mediated services provided and organized by contracted travel agencies.
The guide provides guiding services for standard trips or expeditions, or arranges trips and expeditions to order for individual applicants or private grouhps by agreement.
II. Conclusion of the contract
2.1 The proposal for concluding the Agreement is the presentation of a guiding service (expeditions / guided routes) on the website www.enjoyafricatravel.com.
2.2 Based on the request of an individual or a group, or on the basis of a non-binding application, the applicant is included in the list of participants in the expedition / guided route. With the consent of the applicant with the details of the expedition and the submission of a binding application, a contract and an advance invoice for 25% of the base price will be sent to him for signature. This will reserve a place for those interested. and by paying a pre-agreed deposit, the contract is concluded, the applicant becomes a client and a binding relationship is established. The resulting contract (including the agreed price) can be changed or canceled only by agreement of both parties according to the terms of the contract or on legal grounds.
2.3 When the minimum number of persons is reached, the guide will inform the signed up parties that the guided route or expedition will take place and an invoice will be sent to pay the remaining 75% of the basic price.
2.4 In the event that the number of participants does not reach the minimum number required for carrying out the expeditions / guided routes, the guide will notify the client of the fact and return the already paid deposit or price to the client in full. In the event that the client is interested in another date or another expedition, the deposit or payment will be moved to the agreed date.
2.5 In the case of a group or any other individual agreement, the contract is concluded after all the details of the required guiding service for a specific destination have been agreed. Withdrawal from the contract is possible by agreement of both parties under the conditions below, see cancellation conditions
III. Price for services and payment
3.1 The price for the services is published on the website www.enjoyafricatravel.com in the link “expeditions”.
3.2 The price for an individual offer or with the participation of a larger group may change by prior agreement.
3.3 The Client undertakes to pay the price within the agreed terms, with the additional payment due no later than before the start of the service. Payment is possible by bank transfer or in cash.
3.4. In the case of creating an individual offer or the participation of a larger group, payment of the agreed price may be required in full when concluding the contract.
3.5 The base price for participation in the expedition is unchanged and fixed. Prices can only change for service providers´ services in the destination, depending on the exchange rate. The client will be continuously informed about any price change.
IV. Rights and obligations of the guide
4.1 The guide declares that he is authorized to provide guiding services as an entrepreneur under the Trade Licensing Act and meets the general conditions for running a trade (full autonomy, integrity) required to obtain a trade license for a free trade.
4.2 The guide is obliged to provide the client with guiding services in a predetermined destination, to the agreed extent and date. Guiding services consist of organizing the guided route or expedition, providing information and accompaniment for the entire duration of the service, and helping to overcome language barriers to communication.
4.3 Conversely, the guide does not provide other travel services, such as accommodation, transport or food. The guided route and expedition is therefore not a package tour in the sense of § 2521 et seq. Of Act No. 89/2012 Coll., The Civil Code and the client is not protected as a participant in a package tour.
4.4 The guide is obliged to provide the services of a guide to the agreed extent, while in the provision of services he will proceed on the basis of his experience and knowledge of local conditions. If some points of the program could not be followed due to the given situations on the spot, then the guide undertakes to change the program so that the program is disturbed as little as possible. The guide undertakes to provide the client with practical information on accommodation, transport, meals and other local conditions. The guide will provide the client with the necessary help and advice in solving problems with accommodation and transport.
4.5 The guide is entitled, at his own discretion, to change or terminate the agreed program of the guided route or part thereof in cases where it is required to protect the life, health or property of any client or its own.
4.6 The guide is entitled to use a representative to perform his duties.
4.7 The guide tries to solve the problems according to his possibilities and abilities.
V. Rights and obligations of the client
5.1 The client is obliged to pay the agreed price of the guiding services.
5.2 The client participates in a guided route or expedition at his own risk and responsibility, especially after considering his health and physical and mental capabilities.
5.3 The client is obliged to follow the instructions of the guide and be considerate of other clients. The client must take into account the need to adapt some of his wishes and requirements to the needs of the group.
5.4 The client is obliged to ensure a suitable quality travel insurance with a sufficient limit of insurance coverage for medical expenses, accident insurance and liability for damage. Comprehensive insurance is recommended, including luggage insurance, or cancellation. Some countries require proof of travel insurance to issue entry visas. At his discretion, the guide reserves the right to refuse to enter into a contract with the client without insurance. The guide is not obliged to assist or solve problems for the uninsured participant and thus disrupt the course of the expedition / guided route to other clients.
5.5 In the case of a foreign trip, the client is obliged to have a valid passport, which expires at least six months after returning from the trip with a sufficient number of free pages, to have the necessary visa, which he has to obtain himself, in his own name and on his own account in particular transport, accommodation and meals, and shall do so at its own discretion, the guide shall provide the traveler with relevant information, advice and recommendations, unless he has expressly undertaken not to provide the services.
5.6 The Client is fully responsible for the consequences of invalidity or other deficiencies in his travel documents, as well as for non-compliance with visa, foreign exchange, health, vaccination and other legal regulations in force in the destination country. In the event that the client no longer has the necessary formalities to travel or a substantial part of the equipment necessary to handle the event, the guide may refuse to continue the expedition and leave him at the meeting point or forbid him to participate in certain parts of the expedition for which it is essential and the relevant equipment required: . b) The client is not entitled to a refund of the basic price for participation in the expedition.c) The guide is obliged to inform the client what equipment is necessary to participate in the event.
5.7 The Client acknowledges that the program of the expedition is set before its start in general. The client agrees that the program can be changed at any time during the expedition. The guide is entitled to decide on the change, for example at the suggestion of other members of the expedition. The guide has the final say in creating the program and its changes. Changing the program is not a reason for a possible discount on the price of services. If the client leaves the group and does not continue with the program, he is not entitled to a refund of the guiding fees or the agreed price for unused services. The client is entitled to state his objections to changes in the program, or to the way the expedition is led by the guide, or against the behavior of other participants.
5.8 If the client believes that the guiding services suffer from defects, he is obliged to inform the guide without undue delay and thus must allow the guide to make improvements and corrections..
5.9 The fact that the client, for reasons on his part, does not use the guiding services or a part of them does not entitle him to a discount on the agreed price of the guiding services.
VI. Withdrawal from the contract and severance pay
6.1 Before starting to provide guiding services, the guide has the right to withdraw from the contract due to his own serious illness or injury or serious illness, injury or death of a family member and if he does not find a representative for himself. The guide has the same right if the number of clients falls below the required minimum for any reason.
6.2 The guide also has the right to withdraw from the contract at any time during the provision of guiding services if the client does not comply with the obligations under the contract, especially if he permanently shows signs of social maladaptation and misbehaviour towards the guide or other clients. In that case, the client is not entitled to a refund of the agreed price of guide services.
6.3 The client has the right to withdraw from the contract for any reason before the start of the expedition/guiding services. However, he is obliged to pay a cancellation fee, the amount of which depends on the time of cancellation and the price of the canceled product. The amount of the cancellation fee is determined by the number of days before the 1st day of providing the ordered product:
more than 60 days without a substitute – 25% of the price
more than 60 days with a substitute – no cancellation fee
20 – 59 days without a substitute – 65% of the price
20 – 59 days with a substitute – 20% of the price
less than 15 days – 100% of the price
6.4 In the case of an individually agreed guided route / expedition for the group, where a special price of guiding services is agreed, the resigning client is obliged to pay the agreed price in full, or this amount will be evenly distributed in full among other clients of the group and this automatically increases the agreed price of the service to each client of the group.
6.5. The guided route / expedition can also be canceled by the guide in case of non-fulfillment of the minimum number of participants or in case of cancellation of more participants.
VII. Damage compensation
7.1 The Guide shall not be liable for damage to life, health or property caused during the expedition by other service providers, a third party or an extraordinary unforeseeable and insurmountable obstacle created independently of the Guide’s will.
7.2 The client is obliged to act in such a way that there is no harm to his own, other clients,
guides or third parties.
7.3 The guide’s obligation to compensate for property damage is limited to the agreed price of guiding services.
VIII. Out-of-court settlement of consumer disputes and GDPR
8.1 In the event that a consumer dispute arises between the guide and the client from the contract for the provision of services, which cannot be resolved by mutual agreement, the client-consumer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes , Central Inspectorate – ADR (alternative dispute resolution) department, Štěpánská 15, 120 00 Prague 2, www.coi.cz
8.2 The client acknowledges that the guide processes his personal data, which he provided to the guide in the application and in the contract and which the guide learns during the activities under the contract. The client has the right to have the guide provide him with information on the processing of his personal data. The guide declares that the provided data will be used exclusively for the provision of the guide’s services under this contract and also for the accounting documentation according to the Accounting Act.
These general conditions are valid from 1 January 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Enjoy Africa Travel Inc., 23 Herons Rest, Somerset West, Capetown, South Africa.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: South Africa
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies and Cookies
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.