TRIBALTOURIST.COM IS ALSO REGISTERED IN SOUTH AFRICA AS AFAR TRAVELER PTY LTD. (HEREINAFTER REFERRED TO AS “TRIBALTOURIST.COM”). THE THIRD-PARTY SUPPLIERS AND PRIVATE TOUR GUIDES PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TRIBALTOURIST.com GROUP COMPANIES. THE TRIBALTOURIST.com GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR PRIVATE TOUR GUIDES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. THE TRIBALTOURIST.com GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
THERE ARE INHERENT RISKS IN UNDERTAKING ADVENTURE TRAVEL OF THE TYPE ADVERTISED, PROMOTED AND FINALIZED ON TRIBALTOURIST.COM , WHICH CAN LEAD TO ILLNESS, INJURY OR EVEN DEATH. THESE RISKS ARE AGGRAVATED BY THE FACT THAT THESE TRIPS TAKE PLACE IN REMOTE LOCATIONS, SOMETIMES FAR FROM MEDICAL FACILITIES. CUSTOMERS TAKING PART IN THESE ADVENTURES DO SO AT THEIR OWN RISK AND TRIBALTOURIST.COM DOES NOT ASSUME LIABILITY FOR ANY INJURY OR LOSS SUFFERED.
IN NO EVENT SHALL THE TRIBALTOURIST.com GROUP COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, PRODUCT OR SERVICE BOOKINGS MADE BY YOU THROUGH THIS WEBSITE OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TRIBALTOURIST.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the TRIBALTOURIST.com Group Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our Websites or your booking or use of Products or services made available through our Website, then the TRIBALTOURIST.com Group Companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to TRIBALTOURIST.com for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the TRIBALTOURIST.com Group Companies.
You agree to defend and indemnify TRIBALTOURIST.com and the TRIBALTOURIST.com Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law, rule, regulation or guideline;
- your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
- your use of this Website;
- your booking or use of any Products obtained through this Website; or
- your negligence or willful misconduct
1) WHAT ARE GUEST SERVICE FEES?
To help cover the costs of running Tribaltourist.com, we charge guests a nominal service fee every time a reservation is confirmed. The amount of this service fee is based on 6 percent (6%) of the reservation subtotal plus taxes.
Find the service fee
After entering the exact dates and number of guests for a reservation, you’ll see the service fee included as part of the booking details.
The exact amount of the service fee is also located on:
- The checkout page before submitting a reservation request
- Any guest billing receipt
VAT charges on service fees
Depending on the laws of the jurisdiction involved, VAT may be charged on top of the service fee. The service fee will include these VAT charges when applicable.
Note: Activity Tour Operator fees are charged to the guest directly and may contain local taxes (including VAT).
Where applicable, Tribaltourist.com Payments may also charge Taxes (such as VAT in South Africa) in respect of the Activity Tour Operator and Guest Fees. Tribaltourist.com Payments deducts the Activity Tour Operator Fees before remitting the balance to the Activity Tour Operator as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Tribaltourist.com Payments to Activity Tour Operator via the Payout Method selected by the Activity Tour Operator in the currency of choice, depending upon the selections the Activity Tour Operator makes via the Site, Application and Services.
Please note that Tribaltourist.com Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Tribaltourist.com in currencies other than U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
1) You acknowledge and agree that, notwithstanding the fact that Tribaltourist.com Payments is not a party to the agreement between you and the Activity Tour Operator, Tribaltourist.com Payments acts as the Activity Tour Operator payment collection agent for the limited purpose of accepting payments from you on behalf of the Activity Tour Operator. Upon your payment of the Total Fees to Tribaltourist.com Payments, your payment obligation to the Activity Tour Operator for the Activity Fees is extinguished, and Tribaltourist.com Payments is responsible for remitting the Activity Fees (less the Activity Tour Operator Fees and any Taxes in respect of the Activity Tour Operator Fees, such as VAT in South Africa), in the manner described in these Payments Terms. In the event that Tribaltourist.com Payments does not remit any such amounts as described in these Terms, such Activity Tour Operators will have recourse only against such Tribaltourist.com Payments entity.
2) You as a Guest agree that Tribaltourist.com Payments may charge your Payment Method the Total Fees for any booking requested in connection with your Tribaltourist.com Account. In order to establish a booking pending the applicable Activity Tour Operator confirmation of your requested booking, you understand and agree that Tribaltourist.com Payments will collect the Total Fees due once Tribaltourist.com receives confirmation of your booking from the applicable Activity Tour Operator. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
3) If a requested booking is cancelled (i.e. not confirmed by the applicable Activity Tour Operator), any amounts collected by Tribaltourist.com Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable.
4) In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Tribaltourist.com Payments or its third-party payment processor(s). You agree to pay Tribaltourist.com Payments for any confirmed bookings made in connection with your Tribaltourist.com Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by Tribaltourist.com Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
Please note that Tribaltourist.com Payments cannot control any fees that may be charged to a Guest by his or her bank related to Tribaltourist.com Payments’ collection of the Total Fees, and Tribaltourist.com Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.
3 A) CANCELLATION & REFUNDS DAY ACTIVITIES
1) If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Activity Tour Operator, Tribaltourist.com Payments will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested booking within a commercially reasonable time.
2) If a Activity Tour Operator cancels a confirmed booking made via the Site, Services, and Application, Tribaltourist.com Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation.
3) If Tribaltourist.com decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services pursuant to the Tribaltourist.com terms, you agree that Tribaltourist.com Payments and the relevant Guest or Tribaltourist.com will not have any liability for such cancellations or refunds.
3 B) CANCELLATION & REFUNDS PACKAGED HOLIDAY
1) Cancellations received 90 – 59 days prior to arrival will be subject to a cancellation charge of 50% (Booking Deposit fee) of the tour price.
• Cancellations received 58 – 31 days prior to arrival will be subject to a cancellation charge of 75% of the tour price.
• Cancellations received 30 – 0 days prior to arrival will be subject to a cancellation charge of 100% of the tour price.
2) Cancellation of airline tickets will be subject to the refund policy of each individual Airline, particularly when low cost/net based fares are used. Please note most air tickets are 100% non-refundable (fare(s) and tax(es)).
3) Cancellation of gorilla permits is non-refundable.
4) The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
5) In some cases, the tour operators Tribaltourist partner’s with may request 100% payment upon booking requests to confirm the booking. This is partly due to seasonality and availability. Normal cancellation policies apply.
4) PAYMENT PROCESSING ERRORS
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
If, as a Guest, you owe additional amounts to Tribaltourist.com due to a Booking Modification, you agree that Tribaltourist.com Payments may collect such amounts by charging the Payment Method used to make your booking.
- VAT Tax Collection and Remittance
In any jurisdiction in which Tribaltourist.com facilitates direct Collection and Remittance pursuant to the Tribaltourist.com terms, you hereby instruct and authorize Tribaltourist.com Payments to collect VAT Taxes from Guests on the Activity Tour Operator behalf at the time Activity Tour Operator Fees are collected, and to remit such VAT Taxes to the Tax Authority. The amount of VAT Taxes, if any, collected and remitted by Tribaltourist.com Payments will be visible to and separately stated to both Guests and Activity Tour Operator on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Tribaltourist.com Payments and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to VAT Taxes, including, without limitation, the applicability of, calculation, collection or remittance of VAT Taxes in any amount or at all as to your transactions or Activity. Activity Tour Operator and Guests further expressly grant Tribaltourist.com Payments permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, booking and VAT, including, but not limited to, personally identifiable information such as the Activity Tour Operator or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.
6) FOREIGN CURRENCY CONVERSIONS
“Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the Tribaltourist.com platform will select the Booking Currency, based on the Guest’s country of origin as determined by (i) Tribaltourist.com platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. Tribaltourist.com supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
“Base Exchange Rate” means a system-wide rate used by Tribaltourist.com for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Tribaltourist.com. Tribaltourist.com establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Tribaltourist.com for its holding costs and foreign currency risks.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time.
Tribaltourist.com Payments will process a foreign currency conversion in the following situations:
- The Activity Booking Currency is different from the Listing Currency when a Guest submits a booking request for an Activity: Tribaltourist.com will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest Fee, which is a percentage of the applicable Tour Activity Fees, will be calculated based on the Tour Activity Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Listing Currency.
- When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
7) INSURANCE & PERSONAL DOCUMENTS
1) Tribaltourist.com strongly recommends all clients take out comprehensive travel insurance before traveling to cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel documents as www.tribaltourist.com cannot be held responsible for any costs arising from any loss or injury.
2) Travel documents: Obtaining valid and current travel documents including passports and relevant visas; all fees, taxes, entry costs (except where specifically included in tours, packages or activities offered on www.tribaltourist.com ) remain your responsibility.
3) Inoculations: Certain medical requirements apply when traveling in Africa, for example precautions against malaria, and in some areas, a yellow fever inoculation. Please read our country specific information listings or contact us for advice as to the correct inoculations required for the country/ies being visited. However, any such advice will be given as broad guidelines based on information received, and we do not and cannot guarantee the accuracy thereof.
4) Exclusions: Currently www.tribaltourist.com does not offer information or provide reservations for international, domestic, regional or scheduled air flights or ground transport to reach your destination or to connect various different packages (except where stated on this site as included in specific packages). No responsibility is accepted for any additional expense, omissions, delays, injuries or losses arising out of or connected to any part of your itinerary that is not advertised or booked on www.tribaltourist.com .
8) ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of South Africa without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in the South Africa, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the South Africa.