Terms and Conditions, Security and Privacy (GDPR)

Booking Terms and Conditions

By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
Escape 4 Africa Travel Reg. No. 2008/137073/23 herein after referred to as ‘the Company’ accepts bookings subject to the terms and conditions outlined herein, which agreement shall be the whole agreement between the parties:

This booking and subsequent contract shall be deemed to have been concluded in Cape Town, South Africa and shall be interpreted according to the laws of the Republic of South Africa.

The parties consent to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended, but it is specifically agreed that the Company at it’s instance will have the discretion to sue in the High Court if it deems it appropriate.

All prices and services are correct at the time of updating. All prices, services and departures are subject to change without prior notice.
The Company reserves the right to alter the published price of any tour due to increasing tariffs, costs and entry fees or fluctuation of exchange rates, such amounts shall be determined at the sole discretion of the company.

Escape 4 Africa Travel will not accept any booking where the booking or indemnity form is unsigned or incomplete in any respect.
The Company reserves the right to decline any booking without outlining its reasons therefore.

No booking shall be considered confirmed until a written confirmation slip has been sent to the client and the full amount due paid and all cheques honoured.

Deposit and Payment

All rates quoted are subject to change without prior notice due to currency adjustments, increases in Government Bed Levy, sales tax or VAT and any other unforeseen operator increases, until such time as full payment has been received and final documentation has been issued.

The following payment terms apply to all Escape 4 Africa Travel services, excluding air travel, confirmed:

  • A non-refundable 30% Deposit is required to secure a booking. This amount forms part of the payment for the trip and shall be offset to the total amount charged
  • The remaining 70% Balance is required to be paid in full at 75 days prior to tour departure. If the full amount is not paid by 75 days prior to departure, the Company reserves the right to treat the booking as cancelled and the deposit shall be forfeited.
  • 100% Full Payment is required for any tours booked within 75 days or less of tour departure to secure the service.
  • Air travel services requiring instant payment will be charged in full at time of confirmation.

Should you wish to make payment for your trip by means of a credit card, please note that in terms of the South African Reserve Bank foreign currency regulations, all payments must be converted into South African Rands prior to credit card payment processing. This may lead to foreign exchange variances. Strengthening and weakening of the South African Rand may increase or decrease the billing amount reflected in your currency.

Clients are welcome to settle payment by means of a bank transfer – in this instance the amount will be converted by your bankers on presentation of our invoice. It is the client’s responsibility to inform and instruct their bankers that the net invoice amount must equal the funds clearing into the Escape 4 Africa Travel bank account and that ALL bank charges are for the client’s account.

Cancellations

The following cancellation terms and conditions apply to all Escape 4 Africa Travel services, excluding air travel, confirmed:

  • 30% Cancellation fee (30% non-refundable deposit) when cancelled more than 76 Days prior to travel.
  • 100% Cancellation fee when cancelled 75 days or less prior to travel.
  • 100% Gorilla Permits if the permit has been pre-paid at the time of tour booking.
  • Any air ticket cancelled after confirmation (ticketing of airline reservation) will be subject to the applicable terms and conditions levied by the airline based on the fare type.
  • Please note should you want to change the date of the service there could be a Tour Change Fee will be charged dependent on the travel service booked and the date of requested change. A tour price difference will be included in this tour date change if the new tour date is within the new travel year.

Escape 4 Africa Travel strongly recommends that cancellation insurance be purchased at the time of reservation as protection in the unlikely event of vacation cancellation.

Any passenger joining a tour after the departure date, or not at all, or leaving before the completion of the tour for any reason whatsoever, is not entitled to any refunds whatsoever from the Company, or entitled to claim any costs for any added expenses.

The Company reserves the right to cancel any tour at its sole and absolute discretion, without prior notification in instances where this is unavoidable. However, in this instance the Company agrees to refund all monies already paid by the client. This shall be the Company’s sole responsibility to the client and no claim for any damages, howsoever arising, shall be accrued against the company.

Tours are subject to a minimum booking of five (5) passengers. If that number is not obtained, the Company reserves the right to cancel the tour. A full refund (excluding flights) would then be payable to all booked clients.

Passports, visas and other travel papers

It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited. We suggest contacting the relevant embassies.
The Company cannot be held liable for any consequences, damages or claims if the client prior to commencement of the tour does not correctly attend to the client’s documentation and related matters.

Insurance

Comprehensive travel and cancellation insurance is mandatory on all tours. It is the client’s responsibility to ensure that they have this insurance in place and the required paperwork to prove such before embarking on the tour.
Any resulting consequence of not having this paperwork is the sole responsibility of the client.

Luggage

All luggage and personal effects are at all times the client’s responsibility and the Company does not accept any liability for any loss or damage of any personal effects, howsoever arising.
On overland trips clients are entitled to one bag of not more than 20 kg and a daypack. Should the client require a larger luggage allowance, this can be arranged at the discretion of the Company and on payment of a fee that the company may levy. The Company retains the right to refuse excess luggage.

Risk

The client accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither the Company nor any of its agents shall be held liable in any way for any injury, loss of life or damage to property, howsoever caused and the client hereby indemnifies and holds the company, its agent, assigns and servants harmless from any such claim.
The client accepts full responsibility for all risks involved.

Health

The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that they are medically fit to embark on the tour. We suggest that you contact your local GP for health information on the visiting country.
We do, however, require a medical certificate or doctor’s letter in respect of all clients over age 65 participating in an overland tour, confirming that they are medically fit to undertake the adventure.

Medical Insurance

All clients are advised to take out comprehensive medical insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment. We strongly advise you to purchase medical insurance prior to commencing your trip.

Passports and Children

Please note that anyone travelling to Southern Africa must have two consecutive blank pages in their passport which lie side by side when the passport is open (i.e. a left and a right hand page). Passengers travelling to Southern Africa with passports which do not comply with these requirements, will either be stopped from boarding the aircraft or risk deportation on arrival in Southern Africa. In addition, a parent travelling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police.

Authority on Tour

The decisions of the operators guide /driver on tour shall at all times be final and binding, i.e. due to weather and road conditions, safety precautions, etc.

The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.

Should the client be in any contravention of the above or the client is a nuisance to the group the driver/guide may order the client to leave the tour without any claim to a refund. The client shall be obliged to make their way home at their own expense.

Marketing

The Company reserves the right to use any photographs and videos taken during tours for use in marketing or any other advertising material and the client hereby gives consent of such photographs to be used and for the company to retain copyright over such photographs to be used and for the Company to retain copyright over such material.

Agreement

The information contained on this site is an invitation to do business and not an offer. If you forward an offer to us, Escape 4 Africa Travel shall indicate their acceptance thereof by return mail. Escape 4 Africa Travel act herein as an agent for our respective business partners and therefore any agreement resulting from the acceptance of an order is deemed to be an agreement between the relevant business partner and yourself.

Security and Privacy Terms and Conditions

Escape 4 Africa Travel has created this security and privacy statement in order to document and communicate its commitment to doing business with the highest ethical standards and appropriate internal controls.

General Data Protection Regulation (GDPR)

Amongst other things, the law covers:

The obligations of companies who receive data from EU citizens;

The rights of EU citizens with relation to the data they share

The GDPR introduces the concepts of a ‘Data Controller’ (organisation who originally receives the data from a customer) and a ‘Data Processor’ (organisation engaged by the Data Controller to provide a good or service for the customer).

For all bookings with African Overland Tours .com / Escape 4 Africa we are considered the ‘Data Controller’ and each tour operator the ‘Data Processor’. In some cases, you might also be considered a ‘Data Controller’ in which case you need to ensure that you also comply with GDPR regulations as a controller. This relationship involving the sharing of customer data for the purpose of providing their requested services implies some actions and responsibilities.

The GDPR enshrines the right for a customer to request to be forgotten (have their personal data removed from systems). If a customer were to make such a request, then the tour operators providing the services need to work with us to comply with the customer request.

If a tour operator becomes aware of a data breach of their systems which could have exposed personal data of our customers, there is a requirement to inform us of this breach in a meaningful timeframe.
Without explicit consent from the customer and African Overland Tours .com / Escape 4 Africa, GDPR legislative framework prohibits the sharing of a customer’s personal data with any 3rd parties not required for the provision of the services requested.

All Tour Operators with Tours offered by African Overland Tours .com / Escape 4 Africa are required to agree to a ‘Processor and Non Disclosure Agreement’. Understanding and agreeing to the points in this document is a legal requirement for all companies in response to laws passed by the European Union.

Explicit Information Gathering

Any information requested from you is used to provide information for the purpose of those who enquire about our products and services, to ship orders, to bill orders, and to handle related business matters. This information is also used to get in touch with customers when necessary. From time to time, the information gathered through this site will be used to notify you about products and services that we think will be of interest to you.

Information Usage

When you disclose personal information to us that is where it stays. The exception involves disclosure according to an order of a court, for example responding to a subpoena or search warrant. We do not sell, rent, trade, lend, or otherwise transfer such personal information to affiliates, subsidiaries, sister companies, holding companies, parent companies, strategic partners, or any other organisation.

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information to any ground handler or supplier of your tour/travel for which the information is required insofar as reasonably necessary for the purposes set out in this policy.

Links to Other Sites: This site contains a number of links to other sites. Escape 4 Africa Travel is not responsible for the security or privacy practices of these sites, the products or services offered by these sites, or the content appearing on these sites.

Security Measures

We employ a variety of other mechanisms to ensure that data you provide is not lost, misused, or altered inappropriately. These controls include data confidentiality policies and regular database backups.

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure password- and firewall-protected servers.

All electronic financial transactions entered into through our website will be protected by encryption technology.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

Your rights

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

The supply of appropriate evidence of your identity for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your
current address.

We may withhold personal information that you request to the extent permitted by law.

You may instruct us at any time not to process your personal information for marketing purposes.

In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal Information for marketing purposes.

Privacy Policy

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Note, the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Escape 4 Africa Travel will keep all personal information you give us as strictly confidential and no personal information will be made available to third parties, unless obliged to do so by law or legal process.

When you forward personal information including your name, e-mail address, mailing address and credit card details to us, Escape 4 Africa Travel will use a secure server to encrypt such information before it is received by us. Once we receive it, we will protect such information from unauthorised access and use.

The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. Cookies cannot harm your computer in any way and are an industry standard.

We use Google Analytics Universal to analyse the use of our website.

Our analytics service provider generates statistical and other information about website use by means of cookies. The information generated relating to our website is used to create reports
about the use of our website.

Our analytics service provider’s privacy policy is available at: http://www.google.com/policies/privacy.

Furthermore, our users may configure their browsers to not accept our cookies. Escape 4 Africa Travel may send e-mail messages to our customers with news and special offers and users may, by return mail, indicate whether they would prefer not to receive any such mail in future.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Collecting personal information

We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of
this website including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, demographics and website navigation paths

(b) Information that you provide to us when registering with our website including your email address

(c) Information that you provide when completing your booking on our website including your name, profile pictures, gender, nationality, emergency number, telephone number, date of birth, interests, dietary allergies and employment details

(d) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address

(e) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use

(f) Information contained in or relating to any communication that you send to us or send through our website including the communication content and metadata associated with the communication

(g) Any other personal information that you choose to send to us; and information provided to us with your consent

Before you disclose to us the personal information of another person, you must obtain that person’s  consent to both the disclosure and the processing of that personal information in accordance with this policy.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area such as South Africa, Namibia, Botswana, Zimbabwe, Zambia, Malawi, Tanzania, Kenya, Uganda,Mozambique, Swaziland, Lesotho but not limited.

Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to the transfers of personal information

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Intellectual Property Rights

All the content on this site, including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of Escape 4 Africa Travel and its associates and are as such protected by South African and International Intellectual Property Law.

Disclaimer of Warranties and Limitation of Liability

This site is provided on an “as is” and “as available” basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, this site’s owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site’s owner does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. This site’s owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Although Escape 4 Africa Travel endeavours to provide accurate, up- to-date and truthful information on this site, neither Escape 4 Africa Travel nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the site, the information, content, materials and products included and available from this site.

Escape 4 Africa Travel, its employees, agents and associates will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or the information contained hereon, including but not limited to direct, indirect, incidental, punitive and consequential damage.

Editorial Control

This website contains content provided by third parties and hyperlinks to other sites. Escape 4 Africa Travel does not screcooken or filter such content or the other sites or information available from the other sites, and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage our users to report any infringement, illegal or criminal content found on any of the sites available through links from this site in order to investigate whether such a link should be removed. Due to the variation of season our rates are purely an indication and whilst we do our level best to maintain the accuracy these are indicative.

Applicable Law

This site is created, maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.

Change to User Agreement

Escape 4 Africa Travel reserves the right to make changes to this site and this user agreement at any time without notice.

Our Banking Details:

Account Name: Escape 4 Africa Travel
Bank: First National Bank of South Africa
Branch: Tokia
Branch Code: 20 04 09
Account Number: 621 528 244 07

Proof of Bank Transfer payment must please be e-mailed to the Escape 4 Africa Consultant or it can be faxed to

+27 86 529 0767

Unforeseen Circumstances

Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.

Contacting Us

With respect to this website, there are two options regarding your personal information. If you wish to contact us about our products or services, then you need to disclose your contact information so that we can service your request. If you wish to remove your name and related information from our database, please inform us and we will promptly take action to comply with your request. We are pleased to process address error correction notices and address change requests through any of the following channels:

Sending electronic mail to info (at) escape4africa.com
Faxing [+27-86 529 0767] any time of day or night.
Physical address: Fusion House, Black River Park, North Block, Fir Street, Cape Town
Post Box: Post Net Suite, Private Bag X1, Vlaeberg, 8018
Or phone us on +27 21 448 0997

If you have any questions about this security and privacy statement, the practices of this site, or your dealings with our company, you can contact us using any of the above communications channels.

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