Terms and Conditions

Local Knowledge Cape Tours Proprietary Limited Standard Terms and Conditions

Definitions

For the purposes of these Terms and Conditions, the following terms shall be defined as follows, namely:

“Booking” means any contract or agreement arising out of the confirmation by Local Knowledge of a reservation made by you in respect of a Tour;
“CPA” means the Consumer Protection Act, 68 of 2008;
“Customer” means the person who purchases a Tour from Local Knowledge under and in terms of a Booking and referred to as “you” in these Terms and Conditions
“Agreement” means this agreement;
“Indemnity Form” means the indemnity form to be executed by you in relation to the Tour;
“Itinerary” means the itinerary setting out the Tour Activities which comprise the Tour and accepted by you;
“Local Knowledge” means Local Knowledge Cape Tours [Proprietary Limited, registration number: , a private company incorporated and carrying on business in accordance with Local Knowledge laws of South Africa.]
“Terms and Conditions” means these terms and conditions as varied by Local Knowledge from time to time and notified to you in writing.
“Tour” means the Tour Activities set out in the Itinerary and which form the subject matter of the Booking; and
“Tour Activities” means the services offered by Local Knowledge including but not limited to their specified itinerary, provided the weather is suitable.

1. Important Notices

These Terms and Conditions contains the standard terms and conditions on which Local Knowledge supplies Tours and the associated Tour Activities to Customers, who are consumers for the purposes of the CPA. If you are not a consumer for the purposes of the CPA is not entitled to the benefits of these terms and conditions and any services provided by Local Knowledge to such a person shall be provided on the basis of Local Knowledge’s standard terms and conditions contained in these Terms and Conditions.
These Terms and Conditions contains terms and conditions which appear in similar text style to this clause and which:
- may limit the risk or liability of Local Knowledge or a third party; and/or
- may create risk or liability for you; and/or
- may compel you to indemnify Local Knowledge or a third party; and/or
- serves as an acknowledgement, by you, of a fact.
Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
Nothing in these Terms and Conditions is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either of you or Local Knowledge in terms of the CPA.

2. Bookings and Payments

Reservations will only be processed once Local Knowledge have received copies of the following duly executed documents from you:
- booking form;
- these Terms and Conditions;
- Itinerary; and
- Indemnity Form.
Reservations, save for late reservations as referred to hereunder, are confirmed on the condition that you pay a non-refundable deposit, of a minimum of 15% of the total value of the Tour, to Local Knowledge within 72 hours of confirmation of the reservation.
The balance of the cost of the Tour must be paid no less than [●] days prior to the departure date of the Tour.
Reservations made within [●] days of departure of the Tour must be paid at the time of the confirmation of the reservation.
Local Knowledge reserves the right to cancel any Booking for which the total price has not been paid by due date.

3. Price Changes and Currency Fluctuations

Prices shown are correct when quoted and are calculated using the estimated exchange rate as advised by commercial banks at time of quotingand fares on that particular day.
However, final prices are only calculated on the day that Local Knowledge receive final payment. Once you have paid in full there will be no change and the price paid is guaranteed.

4. Methods of Payment

Credit Cards

Payments by credit card will carry an additional cost of 3% of the total cost of the Tour as per the value of the invoice. Visa and Master cards are accepted.

Payfast Gateway

If booked via the website, we use the secure Payfast gateway to handle our online payments. You will be redirected to payfast.co.za and then after payment is complete will be redirected back to localknowledgetours.com

Cash or EFT Transfers:

Local Knowledge accepts EFT transfers, or Cash deposited into our bank account, subject to condition that the EFT transmission report or the cash deposit slip is provided to Local Knowledge and such payment has been confirmed as received by Local Knowledge.

5. Cancellations

In line with procedures followed by global tour operators, we may identify exceptional circumstances in which we need to cancel a Tour prior to departure. If this happens, all amounts received for the Booking, including the deposit, will be refunded to you. This will be considered full and final settlement of any liability of any kind, however it may arise, relating to the cancellation.
Under normal circumstances, all deposits are non-refundable / non-transferable. If you cancel a Tour, these cancellation fees apply, over and above the deposit:
- [15 Days to 30 Days] prior to the date of departure of the Tour= 50% of the total value of the Tour as quoted by Local Knowledge.
- [ 8 Days to 14 Days] prior to the date of departure of the Tour = 75% of the total value of the Tour as quoted by Local Knowledge.
- [1 Day to 7 Days] prior to the date of departure of the Tour = 100% of the total value of the Tour as quoted by Local Knowledge.

6. Itinerary changes and Delays

While every effort is made to keep to all itineraries, Local Knowledge reserves the right to make any changes for your convenience.
The duration of the Tour may have to be extended or curtailed owing to unforeseen changes in transport or other Tour Activity schedules.
Local Knowledge cannot be held responsible for any delays before departure, or during the course of a Tour, if these are caused by technical difficulties at transport hubs, by transport providers or by strikes, by third party service providers, weather conditions or any other circumstances that are beyond our control.

7. Force Majeure (“Superior Force”)

Local Knowledge will not be held responsible, or pay any compensation, if the performance of our contractual obligations is affected, cancelled, delayed or otherwise impacted upon by Force Majeure.
Force Majeure includes, but is not limited to, unforeseen circumstances, war, threat of war, riot, civil or political unrest, terrorist activity, strikes, natural or nuclear disaster, bad weather conditions, rescheduling of transport or transport overbooking and technical problems.
We will refund all monies except cancellation fees levied by third parties. Any decision made in respect of Tours by third party service providers to re-route or amend the Itinerary due to any of the above or similar circumstances is at the discretion of the service provider and we shall not be liable for any claim whatsoever arising from such events. We will nevertheless use our best endeavours to obtain a refund or replace the Tour Activity – always remembering we are at the mercy of the supplier.

8. Insurance

Local Knowledge strongly recommends that you take out insurance against cancellation, curtailment, illness, injury, loss of baggage and default at the time of Booking.
Insurance is not compulsory but essential and we strongly recommend that you be adequately covered by appropriate travel insurance. Local Knowledge will not be liable if you should fail to take adequate insurance cover.

9. Special Requests

If you have special requests, please tell Local Knowledge about these when you book. We will make every effort to satisfy these, but can make no guarantees.

10. Unused Services

No refunds will be paid for unused Tour Activities, whether or not these are part of the basic package, and whether or not they are pre-booked optional arrangements.

11. General

These Terms and Conditions, together with the Booking Form, Itinerary and Local Knowledge’s invoice, is the sole record of the agreement between you and Local Knowledge relating to the subject matter hereof.
Neither Local Knowledge nor you, the Customer, will be bound by any representation, warranty, and promise or amendments that are not recorded in these Terms and Conditions, in any of Local Knowledge’s brochures, on Local Knowledge’s website or as stipulated by the CPA.
No addition to the standard terms and conditions contained in these Terms and Conditions will apply unless they are in writing and have been signed by an authorized representative of Local Knowledge.
No indulgence that Local Knowledge may grant to you, will waive any of Local Knowledge’s rights. All costs and disbursements, including legal costs incurred by Local Knowledge in recovering damages and or payments, will be for the Customer’s account.

12. Law & Jurisdiction

South African law and the jurisdiction of South African courts will govern these Terms and Conditions and any contractual relationship between you and Local Knowledge.
In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the Customer hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by Local Knowledge in terms of arising out of or in connection with these Terms and Conditions. It shall nevertheless be entirely within the discretion of Local Knowledge as to whether to proceed against the Customer in such Magistrates Court or any other court having jurisdiction.