General Terms & Conditions

Our Company

Brett Horley Safaris (Pty) Ltd is an established ground handler and tour operator creating adventures on the African continent.

Living here in Africa, and specialising in safaris, we have over 40 combined years of first-hand, on-the-ground professional guiding and African travel experience in developing authentic bespoke safaris. Whilst providing honest advice about where to travel and when to travel – we know the people and we know the places – we sew together separate elements of the African continent to fit together seamlessly.

As a Professional Guide, Brett has personally conducted safaris throughout South Africa, Botswana, Namibia, Kenya, Tanzania, Zambia and Zimbabwe, as well as having spent time living and working in both Botswana and Tanzania, and travelling in Uganda.

Rosemary has travelled overland from Cape Town to Kenya, exploring Namibia, Botswana, Malawi, Mozambique, Tanzania, Kenya, Zambia, Zanzibar and Zimbabwe.  Having lived and worked in Zimbabwe and the Kruger National Park, Rosemary’s experience includes general management of 5-star lodges in these renowned regions.

Based on the doorstep of the Kruger National Park, Brett Horley Safaris operates from Hoedspruit, in the heart of the Greater Kruger region.  Our knowledge and expertise comes from our own experience, having lived and worked in various African countries, and being on the ground when travelling through these sought-after destinations.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.  The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

The Company may need to change this policy from time to time in order to address new issues and reflect changes on our site. These changes will be posted here so that you will always know what information is being gathered, how this information might be used and whether this information is disclosed to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send an email to res@bretthorley.com.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

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.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Delivery Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Disclosure of Outlet Country at Time of Payment

South Africa

Standard Bank (Pty) Ltd

All transactions will be processed in South African Rands (ZAR).

When payments are processed, the exchange rate is based on the date of transaction of payment.

Brett Horley Safaris is VAT registered VAT No 464 028 1434.

Brett Horley Safaris (Pty) Ltd reserves the right to change pricing at any time without prior notice.

Bank Account

Bank Standard Bank of South Africa

Branch 052 752 Hoedspruit

Account Name Brett Horley Safaris (Pty) Ltd

Account No 251 251 411

Account Type Business Current

Swift Code SBZAZAJJ

BIC Code SBZAZAJJXXX

Bank Physical Address

Standard Bank

Hoedspruit Shopping Centre

Klaserie Road R40

Hoedspruit 1380

Limpopo

South Africa

Brett Horley Safaris Business Address

Postnet Suite 157

Private Bag X3008

Hoedspruit 1380

Limpopo

South Africa

EFT Payment (Electronic Funds Transfer)

Electronic Funds Transfer via electronic terminal authorising a financial institution to credit Brett Horley Safaris bank account. Payment confirmation to be mailed to info@bretthorley.com to confirm the Client’s booking.

Direct Deposit

Physical deposit of Client funds at the bank into Brett Horley Safaris bank account. Payment confirmation to be mailed to info@bretthorley.com to confirm the Client’s booking.

Credit Card

https://www.vcs.co.za/vvonline/ccpay.asp?p1=426S&p3=Brett Horley Safaris

MasterCard and Visa credit cards are acceptable.

Credit Card Charge Payment with credit card incurs 3.5% charge, payable by the Client, for the Client’s own account.

When credit card payments are processed, the exchange rate is based on the mid-market rate as displayed on http://www.xe.com/ on the date of transaction of payment.

Payment Information

For more information about how to pay, specific details required by the Client’s bank or for any other payment queries please email res@bretthorley.com

Government taxes and levies, fuel and industry increases, entrance fees, conservation fees and levies, may be changed by the government and wildlife authorities without prior notice.  This is beyond the control of the Company and any increase beyond the control of the Company will be passed on to the Client.

Security Policy

Virtual Card Services process all credit card transactions.

All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted.

The Company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

Virtual Card Services is committed to providing secure online services.

All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.  The Merchant does not have access to credit details.

Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

The Company has the right, but not the obligation, to monitor any activity and content associated with the Website. The Company may investigate any reported violation of these Conditions, or complaints, and take any action deemed appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to the User’s access and / or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that the Company has the right, at its’ sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

The Company reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to Brett Horley Safaris (Pty) Ltd and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in any way and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Brett Horley Safaris (Pty) Ltd for any civil action or any legal action deemed necessary against me.

Physical Address

26 Black Harrier Road

Raptors View

Hoedspruit 1380

Limpopo

South Africa

Postal Address

Postnet Suite 157

Private Bag X3008

Hoedspruit 1380

Limpopo

South Africa

Reservations res@bretthorley.com +27 72 308 5464

Information info@bretthorley.com +27 82 888 0236

Reservations and Payments

1.1 Reservations can be made by contacting Brett Horley Safaris, hereafter referred to as the “Company,” through the Reservations Office in Hoedspruit, South Africa: res@bretthorley.com

1.2 Safaris, Accommodation and Travel Arrangements are booked and confirmed only on receipt of a 50% deposit as per the Reservation Summary Document.  This advance payment is due within seven (7) days of confirming the booking. There shall be no binding contract until the advance payment has been received by the Company. Failure to remit the advance payment on time will result in an automatic change of status of any confirmed space to a provisional basis and the possible inability to reinstate the booking. When the Company receives the advance payment, the booking will be confirmed and as such noted on the Reservation Summary. The deposit shall be deemed to constitute acceptance and confirmation of the booking. The electronic fund transfer or credit card authorisation will act as the client’s receipt.

i) If the Company is NOT making the complete travel arrangements for the client, it will be necessary to furnish the Company with a copy of the Confirmation of the Client’s Transportation Arrangements before the Company confirms their portion of the Client’s travel plans. The Company cannot be liable for any penalties or losses incurred as a result of voluntary or involuntary changes to transportation schedules.

1.3 The balance is due no later than forty-five (45) days prior to commencement of the date of travel. In the case of some establishments, the balance may be due no later than sixty (60) days prior to commencement of the date of travel.  If the balance has not been received by the required date, the Company shall be entitled in its discretion to treat the booking as cancelled, and consequently to forfeit such part of the advance payment as determined solely by the Company.

1.4 Any reservation made within sixty (60) days of commencement of the date of travel may be accepted provided space is available, 100% payment is received, and provided that documents can be delivered prior to departure.

1.5 The Company will not provide tickets, coupons, vouchers or documents until full payment has been received.

1.6 The Company will not accept responsibility for electronic fund transfer and/or overnight mail charges.  All bank charges are the responsibility of the Client making the payment to the Company, and are for the Client’s own account.

1.7 No Client will be permitted into the field without payment in full being received by the Company.

1.8 Special airfares are capacity controlled and often sold out months in advance. In addition, many accommodations offered by the Company have limited capacity. It is essential to make enquiries and bookings well in advance to ensure the preferred arrangements for the Client.

Cancellations and Refund Policy

2.1 Any cancellation of a booking must be in writing and shall only be effective upon its acknowledged receipt by the Company. If written notification is received prior to 8 weeks before departure, the deposit payment is forfeited. If the cancellation is made within 8 weeks of departure, cancellation charges will be levied. The scale of charges is subject to the terms and conditions of each accommodation establishment, transport provider and tourism industry service provider, as well as the date on which such cancellation is received in writing from the Client.  Such cancellation charges will vary from 30% to 50% to 100% of the full payment being forfeited.

2.2 If the Client is a “no show,” the Company shall be entitled to treat the booking as cancelled without having given the Company any notice, and the provisions of Paragraph 2.1 shall apply. (Please note that if the reason for cancellation falls within the terms of any travel insurance policy held by the Client, such charges will normally be refunded by the insurance company, subject to the terms of the insurance).

2.3 Any request to amend or change a booking once it has been confirmed may be accommodated subject to space availability. Any additional fees charged by any supplier will be added to the Client’s invoice.

2.4 No refunds are given:

(1) for lost travel time or substitution of facilities; (2) for itineraries amended after departure; (3) for circumstances arising beyond the Company’s control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of the Client’s booking; (4) if the Client does not appear for any accommodation, service, sightseeing or trip segment without notifying the Company, or (5) if the Client leaves the booking after it has begun, or misses any scheduled sightseeing, activities, meals or accommodations, (6) if the Client suffers loss of services or inconvenience as a result of travelling without the correct documentation, including passports, visas and inoculation certificates.

For the Client’s Information

3.1 The information contained on this site is an invitation to do business and not an offer. Brett Horley Safaris act herein as agents 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 the Client.

3.2 The Company acts as booking agent for hotels, safari lodges, guesthouses, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services abroad. Each of these companies is an independent corporation with its own management and is not subject to the control of the Company, including, but not limited to, various ground operators.

3.3 All bookings like those described above are accepted by the Company, as agent for independent ground operators. The transportation, accommodations and other services provided by the ground operators are offered subject to their terms and conditions. Because the Company does not have the right to control the operations of the independent operators and their suppliers, IT CANNOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE which may arise out of these services. The Company reserves the right to cancel any booking or any part of it, to make such alterations in the booking as it deems necessary or desirable, to refuse to accept or to retain as a member of any booking, any person at any time, and to pass on to booking members any expenditure incurred by delays or events beyond its control. In case of any appreciable variation in its cost, the Company reserves the right to adjust its rates.

Risks

4.1 The Company draws the Client’s attention to the fact that there are certain inherent risks involved in participating in the type of trips sold by the Company. The Company will ask the Client to acknowledge this warning and also to release and hold harmless the Company from any damages that may result.

4.2 It is the sole responsibility of the Client to take all appropriate medical advice prior to departure as to whether or not the Client is fit enough to undertake the trip booked. The Company shall not be liable for illness, injury or death sustained on a booking sold by the Company which is not due to the gross negligence of the Company, its officers, employees, authorized representatives or agents whomsoever.

Force Majeure

5.1 “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions or other unexpected occurrences).

5.2 If the Company is affected by Force Majeure it shall forthwith notify the Client of the nature and extent thereof.

5.3 The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to the Client, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.

5.4 If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any booking or arrangement in relation to the booking. Payment of any refund by the Company to the Client as a result of the non-performance of any of the Company’s obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavors to reimburse the Client where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.

5.5 Regarding civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company’s sole and absolute discretion whether to proceed with the booking. The Client may in such circumstances cancel the booking. However, if, after having made all reasonable and proper inquiries, the Company is of the opinion that the booking may proceed, no refund will be payable to the Client and the provisions of Paragraph 2 shall apply.

Insurance

6.1 It is a condition of booking with the Company that each client be adequately covered by comprehensive travel and medical insurance.  Proof of insurance must be received by the Company eight (8) weeks prior to commencement of the date of travel of the Client.

The Company strongly recommends that the insurance product includes cover for pre-existing medical conditions; for medical and related expenses for illness or injury, accidental death and disability, emergency medical evacuation, journey cancellation and curtailment, missed connection and replacement airfares, travel delays, personal liability and lost luggage, as well as hijack and hostage or wrongful detention.

Surcharges and Exchange Rates

7.1 The company cannot be held liable when, through circumstances beyond our control, a third-party supplier imposes a price increase on their product/s after the Client has paid any monies toward such services. However, the Company shall act in the interests of the Client to ensure any such surcharge be not applicable to the Client or that the Client be given the option of cancelling the booking without penalty or prejudice to the Client or the Company.

It should be noted that such situations are extremely rare.

7.2 When credit card payments are processed, the exchange rate is based on the mid-market rate as displayed on http://www.xe.com/ on the date of transaction of payment.  Credit card payments are subject to a 3.5% charge payable by the Client.

Terms and Conditions

These terms and conditions govern the relationship between the Company and the Client, to the total exclusion of any other terms and conditions. No alteration to the terms and conditions may be made by any of the Company employees, authorized representatives or agents, unless in writing by an authorized officer of the Company. All decisions and matters subject to the Company’s discretion shall be made by an authorised officer of the Company.

Carriage by Land, Sea, and Air

9.1 Carriage by Land, Sea and Air is subject to the terms and conditions of the carrier with whom the Client travels and to international conventions, some of which may limit liability.  Land, Sea and Air travel are also subject to operational decisions of carriers and air and sea ports which may result in cancellations, delays or diversions, over which the Company has no control and for which the Company accepts no liability whatsoever.

9.2 The passenger contract in use by the airline carriers concerned, when issued, shall constitute the sole contract between the transportation companies and the purchaser of these programs and/or the passengers.

9.3 Charter Flights

9.3.1 Charter flights booked with specific departure times are strictly adhered to, and a “no show” will be charged in full. Incoming passengers coming off private or scheduled flights arriving 30 minutes or more after scheduled arrival times will be treated as “no shows” and charged accordingly.

9.3.2 It is an expressed condition that passengers’ luggage is limited to between 12kg to 20kg including hand luggage.  Only soft hold-all type bags are permitted.

Baggage

Temporary or permanent loss of baggage is the responsibility of the Client or the carrier.  Refer Paragraph 6.1 Insurance

Travel Documents, Visas, and Vaccinations

It is the responsibility of the Client to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license, unabridged birth certificates, affidavits from biological parents of children under the age of 18 years or other documentation required for the trip are obtained and are in order. It is the responsibility of the Client to meet any additional costs incurred either by the Client (or by the Company on behalf of the Client) as a result of any failure by the Client to comply with such requirements. The Company may offer advice on such matters, but the onus is on the Client to fully acquaint themselves with any necessary visa and inoculation requirements. The Company may not be held liable for any failure on the part of a Client to be in possession of the correct travel documentation.

Special Requests

It is a condition of booking with the Company that the Client advise the Company in writing of any special requests and special requirements when the Client submits the booking enquiry to the Company.  Such requests and requirements may include dietary; health issues; pre-existing medical conditions; travelling with medical equipment; universal access; The Company will meet such requests, if possible.

Information in the Travel Proposals

All information given in the Company’s travel proposals is, to the best of the Company’s knowledge, correct at the time of being proposed.  The Company reserves the right to change this information. The information provided in travel proposals conveys typical scenes experienced, and details of each destination; but the subject matter may not necessarily be experienced in the exact detail thereof while visiting that destination.

Disputes

If the Client has any cause for complaint while travelling, such complaint must immediately be brought to the attention of the Company on the following mobile numbers:

Reservations res@bretthorley.com +27 72 308 5464

Information info@bretthorley.com +27 82 888 0236

Consent

The payment of the advance payment or any other partial payment for a booking on a safari constitutes consent to all provisions of the terms and conditions and general information contained in the Company’s Internet Pages, Brochures, Reservation Summary, Invoice and Travel Documents. The terms under which the Client agrees to take these safaris cannot be changed or amended except in writing signed by an authorised officer of the Company.

Condition of Booking

The Client shall comply with the instructions of the Company’s representatives at all times. No Client shall be accepted or be permitted to continue on a booking while their status or mental or physical condition is, in the opinion of any representative of the Company, such as to render them incapable of caring for themselves or make themselves objectionable to other Clients or become a hazard to themselves or other Clients and the Company will not be responsible for expenses by such persons precluded from completing the booking for this reason.

Notice of Enforceability

Please remember, when the Client books travel related services with the Company, the Client is entering into a binding agreement that assumes all terms and conditions are fully understood as stated in the General Terms & Conditions.

The Client’s Personal Responsibility

The onus is on all individual/s concerned to fully acquaint themselves with the Terms and Conditions document and all matters such as visas, required documentation, payment schedules and cancellation policies. Brett Horley Safaris will assist the Client to the best of the Company’s ability in providing answers and information pertaining to the Client’s booking. Should the Client not find the information required on the site, the onus is on the individual to forward any and all such requests to the Company, which shall endeavour to the best of their ability to assist the Client.

Reservations res@bretthorley.com +27 72 308 5464

Information info@bretthorley.com +27 82 888 0236

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