www.pendaphototours.com
info@pendaphototours.com
2 Mill St, Gardens, Cape Town, 8001, South Africa
Please read the following terms and conditions carefully. Once you pay your deposit and we confirm the booking you are agreeing to be bound by these terms and conditions.
Penda Photo Tours is a trading brand of Roots Travel & Events Ltd, a company registered in South Africa, 2 Mill Street, Gardens, Cape Town, Western Cape, 8001. All bookings are accepted subject to the following Terms and Conditions, which form the contract between the client (“you”) and Roots Travel & Events Ltd (“we”, “our”, “us”).
These Terms and Conditions form the basis of the contract between us and you, the customer or client, referred to hereafter as ‘the client’, ‘you’ or ‘your’.
Any product that we sell where a leader is present, such as a workshop, safari, trip, tuition or any other similar product will be referred to hereafter as the ‘trip’, or ‘trips’ in the plural. This is just for clarity of language, but could mean any of those products.
Any reference to trip details as listed on our website or other product material will be referred to hereafter as ‘product details’.
Any payment that is mentioned in a trip’s product details where that payment is due by a specific date shall be referred to hereafter as a ‘scheduled payment’.
At the time of reserving a place on one of our trips, you will be asked to fill in information using our traveller gateway (or provide such information electronically by email) to gather personal information pertinent to the trip you will be participating in. This information may include medical, dietary, and other information relevant to the trip and will be referred to hereafter as the ‘information form’.
All of our tours state that a deposit is required and in all instances this deposit is non-refundable and is required to reserve a place for you on that trip. The deposit covers initial booking costs and financial commitments to our suppliers and is therefore non-refundable.
If an information form is required for a trip, you must complete this and return it to us within a timely manner.
You should read these Terms and Conditions in full before paying in part or in full for a trip.
For the avoidance of doubt, a booking is deemed to have been made when you pay for a trip in part (by deposit), or any other amount including the full amount, and we confirm in writing (by email, letter, or any other form of electronic correspondence) that the booking has been made. At this point, a contract is entered into between you and us.
A place on the trip is not fully guaranteed to you until the full amount owing for that trip has been received.
You must provide accurate and complete information on the information form (e.g. health conditions, dietary requirements etc.). We cannot be liable for any costs or problems caused by incorrect or incomplete information provided by you.
A non-refundable deposit is required at the time of booking. This is typically 25% of the total trip cost, unless otherwise stated in the Special Conditions for Specific Tours document.
The balance of payment is due no later than 90 days before departure unless otherwise specified in the Special Conditions for Specific Tours document.
If you miss a scheduled payment, we will remind you. If payment is not received within 7 days of the due date, we reserve the right to cancel the booking and retain any payments already made, as per our cancellation policy. Missing a payment may be treated as a cancellation by you, subject to our standard cancellation charges (see Cancellation and Refunds section).
Payments can be made directly through our traveller gateway without any associated fees which is our preferred method however we do also accept direct bank transfers if needed.
It is your responsibility to obtain travel insurance which includes medical cover, emergency evacuation, trip cancellation and personal effects insurance (including camera gear cover), as well as any other appropriate insurance necessary for attending a trip. This is not an exhaustive list of cover, so please contact a competent insurer for full advice.
We strongly recommend that you book refundable flights and have travel insurance to cover any travel costs in case we or you must cancel the trip. We cannot cover any personal costs such as airfares (other than those included in the trip), or equipment purchases, in the event of changes or cancellation, which is why comprehensive travel insurance is essential.
We can’t accept liability for any loss or damage to your equipment or for any claim for travel disruption, your illness, injury or death, or that of any other person unless arising from the negligent act of the company or its agents, subcontractors or employees.
We can’t accept liability for any change to the trip dates, itinerary or content, or costs associated with these changes for any reason outside of our control, including but not limited to bad weather, illness, government intervention, war, terrorism, transport delays or cancellations.
We can’t accept liability for any loss or additional expenses incurred by you and caused by delay or interruption to travel services for any reason including but not limited to weather, civil disturbance, industrial action, strikes, wars, riots, terrorism, government intervention, customs, environment, sickness, epidemic, pandemic, quarantine, or acts of God. Such losses or additional expenses are your sole responsibility.
We can’t accept liability for any medical expenses. Any medical expenses incurred by you must be paid for by you or your insurer.
The type of trips we offer inherently require a certain amount of flexibility on your part and you must allow for alternatives made in good faith by us. For this reason, the product information must be taken as an indication of what might take place on the trip and not as a contractual obligation on the part of us.
We reserve the right to alter the price or product details of a trip, or to cancel any trip prior to the scheduled trip date. However, should a change in price, a substantial alteration of the product details, or a cancellation become necessary, you will then have the choice of accepting the change, transferring to an alternative trip (in this instance if the new trip is of a lower price we will refund the difference to you), a custom tour or withdrawing from the contract and accepting a full refund of all monies paid to us. If you request a custom tour and we provide an itinerary that meets your requirements, but you choose not to proceed, we will apply a 5% administration fee, calculated on the amount being refunded. We are not responsible for any expenses incurred by you relating to this clause.
We reserve the right to make any changes we deem necessary to the itinerary or to substitute accommodation, transport arrangements, vehicles, guides, leaders or any other aspects of the trip if it becomes necessary. Any changes made will not diminish the overall trip’s value or enjoyment, and if a major element is unavailable, an equivalent alternative will be provided if possible.
The itinerary of a trip is given as an example only and as an indication of the type of activities provided. We will endeavour to provide the most exciting and interesting trip. The itinerary and wildlife sightings and/or experiences cannot be guaranteed.
We may change the schedule, accommodation, or other details if needed; for example, due to weather, local conditions, or safety concerns. We promise to deliver an equivalent experience, and any major change gives you the option for a full refund.
If the leader for the trip is unable to attend due to illness or other circumstances beyond our control, then another competent leader will be provided if practicable. If another leader cannot be found and we must cancel the trip, you will be able to choose to transfer to another trip worth the same value or less than the trip (where we will refund the difference if this new trip costs less than the cancelled trip), to hold a credit against a future trip, or to ask for a full refund.
Whilst we will always try to accommodate clients arriving for the start of a trip from different places and at different times, if you are due to meet the trip leader or our representative at an agreed place and time and you fail to arrive within a reasonable time (or don’t arrive within a time that would otherwise mean missing the next leg of the trip’s itinerary), we cannot guarantee to be able to meet you and you will be liable for your own arrangements and expenses incurred in arranging transport or accommodation in order to meet up with the trip as a result. No refunds or credits in whole or in part will be paid by us if you are late to start a trip. A trip cannot be extended or otherwise altered due to your late arrival, regardless of the reason for the late arrival.
If the trip requires travel to the start and / or from the finish of the trip, you are solely responsible for these travel arrangements and costs, except where it is specified in the product information that this is provided by us in whole or in part. On request, we will attempt to recommend practical options for these travel arrangements but cannot be held responsible for the booking of these travel arrangements or their costs. We cannot be held responsible for incorrect advice it gives in good faith relating to these travel arrangements.
We will inform you of any significant change or cancellation as soon as possible, and you will have prompt options to accept the change, choose a different trip, or receive a full refund.
We may provide you with information (before departure and/or when you are on an expedition) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 12 of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control.
If the organisation feels that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your expedition, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book an expedition with us, we will pass on this information at the time of booking.
Where a maximum group size is specified, the maximum number of clients on a trip is defined by the clients only and does not include leaders / instructors, guides, handlers, accommodation staff or anyone else.
We aim to keep group sizes to the advertised maximum. In exceptional circumstances, we reserve the right to allow more than the maximum number of clients on a trip, but this will only be done if it does not impact your experience. An example might be that we allow an extra client (with their agreement) to sit next to the driver of a safari vehicle – rather than the back, as normal – if they don’t intend doing much photography themselves. This doesn’t affect the space available or photographic opportunities of you in the back of the vehicle. Sometimes we use more than one safari vehicle, so this could add more than one client to the trip’s maximum number without affecting your enjoyment.
For some trips, there may be a minimum number of clients that make that trip viable for us to run. In this instance, the trip will only go ahead if at least that minimum number of clients has been reached. Again, this minimum number will consist of clients only, excluding leaders / instructors, guides, drivers, etc. We will give you at least 30 days’ notice if the trip must be cancelled because of this reason and a full refund will be given.
If you have any concerns about group size, please bring that to our attention.
Unless stated otherwise in the product details, by default, you will share a twin room with another guest of the same sex (we will pair solo travellers). Couples can request a double room. If we can’t find someone for you to share with, we’ll give you your own room at no extra charge.
If you request a room to yourself on a single occupancy basis where the room would normally accommodate more than one person, a single supplement will be charged in addition to the headline price of the trip. Please inquire for the single supplement cost, if applicable.
If you have any specific dietary, medical or accessibility requests or requirements please tell us about these on your information form. We will relay these needs to our partners and do everything reasonably possible to accommodate them. However, we cannot guarantee that every request can be met in all locations, and we will not be liable if a third party fails to comply. We strongly recommend bringing any essential snacks / medications / equipment you need.
If you have very specific requirements (e.g. severe allergies), please contact us to discuss them before booking so we can advise on feasibility.
For overseas trips, you must be in possession of a valid passport with a certain minimum number of months left to run before passport expiry. The number of months varies depending on the destination country, but a safe bet is to ensure your passport has at least six months to run after the date you will leave the country on completing the trip.
You are responsible for obtaining any visas or other travel permits or documents that are necessary for entry into any of the countries visited. We will try to help you with the process of obtaining any necessary visas for the destination country, but it is your responsibility to ensure you have the correct travel documents.
Similarly, you are responsible for any inoculations that are a requirement for entry into that country and must carry any associated medical documentation as proof of these inoculations.
If medication such as anti-malarials or similar drugs are recommended for entry to the area(s) that the trip takes place in, it is your sole responsibility to source these, pay for them, bring them on the trip and take them as prescribed.
You must be in good enough general health to be able to participate in the trip. By booking, you confirm you are physically fit enough for the trip’s activities. For safaris, this will mostly be vehicle-based, but there will be some walking between camp and vehicles and climbing into and out of vehicles. If you have any doubts, please contact us beforehand. If you have any medical conditions that may affect your ability to attend and participate in the functions of a trip, you must tell us in advance of the trip on the information form. You may wish to consult a medical doctor for advice. If you don’t tell us about a medical condition that is relevant to your safe participation, we reserve the right to cancel your booking on arrival with no refund.
If you have any doubts about your health or other capacity to attend the trip, you should seek medical advice from a qualified medical doctor prior to booking the trip.
In the event you have a medical emergency on the trip, we will endeavour to help in any way possible. We will assist in getting medical attention or evacuation arrangements, but any third-party costs (hospital, evacuation, etc.) must be paid for by you or your insurer. It is your responsibility to have adequate medical insurance cover for the duration of the trip.
You are required to behave in a manner conducive to the harmony of the group of people on a trip. We reserve the right to exclude you from a trip if you exhibit antisocial behaviour that negatively affects other members of the group. Behaviour that justifies removal includes endangering yourself or others, harassment of wildlife or people, illegal activities (e.g. drug use, poaching), damage to property, or any other conduct that seriously disturbs the trip.
We will give you fair warning before a dismissal and the opportunity to rectify behaviour, except where conduct has been egregious.
You must follow the instructions and heed the warnings that we and our wildlife guides and representatives give at all times.
Please note that, whilst these Terms and Conditions and the contract between you and us is governed by the laws of the Isle of Man, when on a trip in a foreign country, your conduct (and ours) is subject to the laws of that country. Any fines or legal issues will be handled under the legal system of that country.
If you must be removed from a trip, any expenses or arrangements will fall solely to you and no requests for refunds or credits will be entertained by us. If we remove you from a trip, you will be responsible for making your own travel and accommodation arrangements from that point. Of course, we will help to coordinate transport for you to the nearest town or safe location if necessary, but any costs will be your responsibility.
You will be responsible for any fines or penalties incurred by you from any authority for any conduct, whether due to illegal activity on your behalf or not. You will also be liable for any fines or penalties charged to us if you caused them.
We reserve the right to refuse or cancel any booking if we genuinely believe there are valid reasons (for example, concerns about a client’s fitness for the trip, or other factors that could impact the trip). In such cases not related to your breach of these terms, we will issue a full refund of all monies paid. This will be the full extent of our liability except as required by applicable law. Any expenses incurred by you relating to a declined booking will be your responsibility.
Your acceptance of these Terms and Conditions signifies the acceptance of authority of the leader (us) of the trip to make decisions affecting the group or individuals.
All cancellations must be made in writing.
The amount we refund depends on how far in advance you cancel. We have some fixed trip costs and some timed costs to our suppliers. Because of this, the deposit is always non-refundable. The closer it gets to the trip’s start date, the more likely we’ll have had to pay costs for the trip that are unrecoverable and there’s less time to try to re-sell that place on the trip. So, if you know you need to cancel, please do this as soon as you can.
As standard, the following charges will apply. Please also refer to our special conditions document as variations to these charges may apply depending on which trip you book.
If you cancel your booking:
This is why travel insurance that is taken out at the time of booking and covers cancellation is strongly recommended. Any refunds will be processed to the original payer within 14 days of cancellation.
Trips are sold as whole entities only and no partial refunds will be made for any unused services or parts of a trip. Trips are sold as a package, so if you choose not to use some element, or arrive late / leave early, we can’t offer partial refunds for things like unused rooms in accommodation, meals, rental equipment and so on. Again, travel insurance may cover certain missed portions in some cases.
You can request to transfer your booking to another person if you can’t travel, provided that person meets all the conditions of the trip and they must accept these Terms and Conditions. You must give us reasonable advance notice (at least seven days before the trip start date) so we can make arrangements. We will not unreasonably refuse a transfer request. Both you and the person taking your place will be jointly and severally liable for any remaining balance and any transfer fees or costs incurred (for example, change of name on reservations). We’ll inform you of any fees, which will be limited to our direct costs. If you want to transfer your booking, please contact us as soon as possible to discuss feasibility.
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by – or you otherwise suffer any damage, loss or expense of any nature as a result of – “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Please let us know immediately if you have any issue during the trip: we want to fix problems on the spot if we can. Don’t hesitate to speak to your trip leader about any concern. If we can’t resolve it fully during the trip, please send us a written description of your complaint within 30 days after the trip so we can investigate and address it promptly.
We’ll do our best to resolve any complaints. If you’re still unhappy, we can suggest an independent dispute resolution service in the UK to review the matter (such as a mediation or arbitration scheme), or ultimately you may pursue legal action.
Please send your written complaint to us via email. Contact details are at the top of this document. Note: making a complaint under this procedure does not affect your legal rights.
Any legal claims shall be subject to the laws of the Isle of Man in respect of any question of liability or quantum and all proceedings shall be within the exclusive domain of the courts of the Isle of Man.
The Company cannot be held responsible for any loss, injury or death unless caused by the negligent act or omission of the Company or its employees or suppliers in the provision of services.
Any advice we give to you including but not limited to camera gear recommendations, clothing, baggage, travel documents, climate, insurance, travel arrangements, vaccinations and suchlike shall be given in good faith and should not be construed as contractual in nature. We will not accept any liability whatsoever for any consequence of advice given in good faith.
In order to process the booking and to make sure that the tour arrangements run smoothly, we need to pass the information which the organisation and participants provide on to relevant suppliers such as airlines, transfer companies, hotels etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where the tour is outside the European Economic Area (ELEA), controls on data protection in your destination country may not be as strong as they are in the UK. However, we will not pass personal information on to any person who is not responsible for part of your tour arrangements. If we cannot pass the organisation and participants information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, the organisation and participants consent to your information being passed on to them. Participants are entitled to a copy of their information held by us and if they would like to see this, please ask us. It may be necessary to make an administration charge for providing this.
Please refer to our privacy policy which forms part of these booking conditions.
We love capturing moments from our safaris and often take still images, video and audio recordings of our clients having amazing experiences on trips. By joining us, you’re granting us a perpetual permission to use these images, videos and audio recordings for promotional purposes without compensation. We will only use these in a respectful way that doesn’t misrepresent you and will only use them in accordance with applicable data protection law. If you’re uncomfortable with this, please write to us within 14 days of the end of the trip to opt out.
The copyright for all still images, videos, audio recordings, copy, media of any kind, materials and any other intellectual property on our website and all company-owned materials is owned by us unless otherwise stated.
The photography and videos used on the website and other promotional material relating to trips should be taken as giving an illustration of the type of content that the trip contains, even if there are some images or video clips that might not have been taken on the specific trip.
The copyright of all images, videos or other media recorded by you is owned and retained by you and we call for no restriction in the use of these media. Please don’t use any photos or videos you take in a manner that would defame or damage our company’s or team’s reputation. Consistent with copyright law, you are free to use your own images, videos and other media recorded on the trip for your own personal use or commercial gain.
By entering into a contract with us, you acknowledge and confirm that you have read and understood these Terms and Conditions in full and agree to accept them and be bound by them.
You also confirm that these Terms and Conditions will be binding on your heirs, next of kin, executors, administrators and successors, and that this is the entire understanding between you and us and cannot be modified or changed in any way by any statements or representations by you or by us.
You agree that if booking a trip on behalf of more than one person, you and all parties you are booking for are all jointly and severally bound by these Terms and Conditions.
No modifications to these Terms and Conditions can be accepted.
Many thanks,
Penda Photo Tours
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