Terms and Conditions
INSURANCE
Travel and cancellation insurance is mandatory for all clients of 22º South. All insurance is solely the responsibility of the client. Before a client commences a tour, he or she should arrange his/her own insurance with a reputable insurer, with protection for the full duration of the tour, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and expenses associated with the cancellation or curtailment of any tour. If a client becomes ill, all hospital expenses, doctor's fees and repatriation costs are the client's responsibility and 22º South shall not be liable for any refund of the tour rate whatsoever. The carriage and storage of all baggage and personal effects are at all times the clients risk and 22º South cannot accept any liability for any loss or damage of baggage or personal effects. It is also the client's sole responsibility to ensure that passport, visa and other required documents are in order in terms of the countries to be visited.
LIABILITY
Clients hereby acknowledge, confirm and record that they understand the risk inherent in Adventure travel and associated activities. The clients are accepted on the tour and undertake to do the tour, travel or activity at his /her own risk. Such risk could include injury, disease or death. In particular the client acknowledges that traveling on the roof seat or in any other position other than seated in the seats provided in the vehicles is at their own risk. The client agrees and concedes that 22º South and its members and employees shall not be responsible for loss or damage to property or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever.
INDEMNITY
I undertake to indemnify and hold harmless and free the company from any and all claims of whatsoever cause or nature which may arise on behalf of my spouse, common-law wife/husband, children, whether minor or adult, or relatives and/or any person accompanying me on my venture with the company, and/or using the company's facilities, whether as my invitee or otherwise, who suffer any damages, including but not limited to personal injury or death, loss of support or any other loss whilst on the premises and arising from any cause whatsoever (including but not limited to any act of commission or omission, or from the negligence or gross negligence on the part of the company).
I further undertake to hold harmless and free the company from any and all claims and liability of whatsoever cause or nature which may arise as a result of a claim and/or action being made against it by any travel agent, booking agent or other agent relating in any way to a claim or action that I or my spouse, common-law wife/husband, children (whether minor or adult) or any other dependant of mine may make.
HEALTH
The client acknowledges an awareness of the proposed itinerary and confirms that he or she is medically fit, in good physical and mental health and is able to embark on the tour. Any client with a pre-existing medical condition or illness must declare the true nature of such conditions to 22º South before the commencement of the tour. Any failure to declare may result in cancellation of his /her booking.
22º SOUTH RESPONSIBILITY AND RIGHTS
The information in any brochure, leaflets and advertising is given in good faith by 22º South, and is based on the latest information available to 22º South. 22º South reserves the right to change the facilities or transport described in any publication without being liable for any compensation or refund. Clients should be aware that representatives of 22º South may take photographs and films of clients while on any of the tours and, 22º South reserves the right to use such material for any advertising or brochure production without the prior consent and without payment to the client.
22º SOUTH AUTHORITY
The decision of the tour leader employed by 22º South will be final on all matters. 22º South shall not be responsible for or liable for any client who commits an illegal or unlawful act in any countries visited. The client may in such circumstances be excluded from the tour without a refund. If 22º South considers a client unsuitable for a tour it may at its sole discretion decline to carry this client any further. If any client causes inconvenience or annoyance to other passengers 22º South may in its sole discretion decline to carry the client further without any refund whatsoever.
RELEVANT LAW
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement) shall be interpreted and governed in all respects by the laws of the Republic of South Africa .
TOUR CHANGES OR ALTERATIONS
22º South reserves the right unilaterally to change routes and/or accommodation in certain circumstances. 22º South shall not be held liable for any compensation to the client if it is forced to cancel or in any way change the tour due inter alia, but not exclusively, to force majeure including war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstances beyond the control of 22º South. Unforeseen cancellations due to force majeure war, unrest or any other related circumstances are still subject to the cancellation and bookings terms and do not constitute a valid reason for waiver of the cancellation policy terms. In the event of the client changing, at their own discretion, any facilities, accommodation, activities, operator or travel arrangements such as flights and transfers or any portion of an itinerary agreed upon by the client, 22º South shall not be held liable for any compensation or costs to the client whatsoever. The company reserves the right to cancel the tour without prior notification and in such an event only agrees to refund all monies already paid and received by the client. The company reserves the right to change the tour fare without prior notice especially in the circumstances of currency fluctuations.
PLEASE NOTE THIS IMPORTANT CLAUSE:
I confirm that I abide by the aforementioned and agree to the terms and conditions therein contained. I record that I am joining the tour at my own risk and waive any claims that I might have in regard to injury, loss or death which might occur due to any causes whatsoever. I further bind my dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless 22º South, its members, associates, employees, representatives, organisers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during my tour with 22º South.