Introduction

Welcome to Luxury Adventure Club . These Terms and Conditions govern your use of our services, including but not limited to booking luxury travel experiences in Africa. By using our services, you agree to comply with and be bound by these terms.

2. Booking and Payment

2.1 Deposit and Payment Schedule
To confirm your reservation, a 30% advanced deposit is required at the time of booking. The balance is due 60 days before the commencement of your itinerary. For bookings made within 60 days of departure, full payment is required at the time of booking.

2.2 Payment Methods
Payments can be made via bank transfer or credit card. Please note that all credit card transactions will be converted to South African Rand (ZAR) at the prevailing exchange rate, and any resulting foreign exchange differences or bank charges will be the client’s responsibility.

2.3 Price Changes
All quotes are subject to change due to fluctuations in external supplier costs, such as airfares, fuel surcharges, and park fees. Any such increases will be communicated to you and are payable before departure.

3. Cancellation and Refunds

3.1 Standard Cancellation Policy

• Cancellation more than 60 days before departure: Full deposit is forfeited.
• Cancellation between 60 and 30 days before departure: 50% of the total cost is forfeited.
• Cancellation less than 30 days before departure: 100% of the total cost is forfeited.

4. Changes to Bookings

Any changes to confirmed bookings are subject to availability and may incur additional costs, such as changes in seasonal rates or upgrade fees. All changes must be communicated in writing and are not guaranteed until confirmed by us.

5. Travel Insurance

We highly recommend that all clients obtain comprehensive travel insurance that covers cancellations, medical emergencies, and other unforeseen events. Our preferred insurance provider is SATIB, and we can assist you in connecting with their team.

6. Liability

Luxury Adventure Club acts as an agent for various suppliers, including hotels, private aviation companies, yacht charters, transfers and tour operators. We are not liable for any acts, omissions, or errors on the part of these suppliers. We do not accept any liability for personal injury, loss, or damage of any kind unless directly caused by our negligence.

7. Force Majeure

FORCE MAJEURE

Definition

The parties acknowledge that one or more of the following events, circumstances, or occurrences will constitute prima facie force majeure under the terms and conditions governing their relationship, subject to the qualifying requirements:

• Acts of God and casus fortuitous: physical, natural causes that cannot be foreseen or prevented, including but not limited to tornadoes, death, extraordinary high tides, tidal waves, violent winds, floods, earthquakes, volcanic eruptions, hurricanes, typhoons, cyclones, landslides, lightning strikes, and other natural disasters;
• Industrial actions such as strikes and lockouts, whether politically motivated or not;
• War, sabotage, revolution, terrorism, civil unrest, riots, insurrection, invasion, blockade, or boycott;
• Epidemics, pandemics, or the outbreak of any other life and/or health-threatening diseases, whether infectious or contagious, or events such as dangerous contaminant spills or severe air, water, soil, or substance pollution (as determined by authorities);
• Any other event caused by an irresistible force, unavoidable and external accident;
• Breakdown of public services and amenities;
• National and/or regional border closures, and international, national, and/or regional travel or transport bans or restrictions, whether implemented by the government of any country included in the guest’s travel itinerary;
• The geographic location, origin, and/or epicenter of the Event is irrelevant as the primary concern is the impact on the contractual obligations of the parties.

 

QUALIFYING REQUIREMENTS

The parties agree that the above prima facie force majeure events (‘the Event’) will qualify as such only if the following conditions are met:

• The party invoking force majeure (‘the Force Majeure Party’ ‘FMP’) must immediately notify the other party (‘the Force Majeure Recipient’ ‘FMR’) in writing.
• The Event must not be due to the fault, negligence, or breach of contract by the FMP.
• The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible, not merely difficult, burdensome, or economically challenging.
• The FMP must use due diligence and its best commercially reasonable efforts to overcome, remove, alleviate, or mitigate the Event.
• The FMP must mitigate its own damages.
• The FMP must take all reasonable steps to avoid non-performance.
• Any measures taken by any government must result from the Event and meet one or more of the above Qualifying Requirements.
• The Event must not be of a temporary nature, but if it is expected to endure for an unreasonably long period, it will be considered permanent.

 

Remedies

If the parties disagree about the qualifying requirements, they will resort to alternative dispute resolution as provided in the agreement.

The FMP will have the option to agree to a postponement with the FMR, and the contract will be performed at the postponed date, or the FMP can cancel the contract, and the cancellation provisions will apply.

If both parties agree that the qualifying requirements have been met, they will initially use their best efforts to agree on postponing the performance of the contract. If consensus cannot be reached, the FMR will use its best efforts to reimburse the FMP all monies received and paid to third-party service providers that it manages to recover, less irrecoverable disbursements and a reasonable management and service fee.

8. Use of the Website

8.1 Intellectual Property
All content on our website, including text, graphics, and logos, is the property of Luxury Adventure Club and our suppliers and are protected by copyright laws.

8.2 Links to Third-Party Sites
Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of these sites and encourage you to read their terms and conditions.

9. Governing Law

These terms are governed by the laws of the Republic of South Africa. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the South African courts.

10. Changes to Terms

We reserve the right to modify these terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Continued use of our services constitutes your acceptance of the revised terms.

For more information or specific inquiries, please contact our customer service team.