Terms & Conditions
BACTRAC ADVENTURES (PTY) LTD
1. Disclaimer and Indemnity
1.1 It is a condition of the booking that the Client accepts the possible risk inherent in a Tour. The Client hereby indemnifies the Company together with it’s directors, shareholders and employees against any loss, injury, sickness, death or damages to self, property or vehicles suffered in connection with the participation in a Tour or Adventure Activity. The Client also waives any rights which he/she may have entitling them to claim for damages for any loss or injury suffered in connection with the participation in a Tour or any Adventure Activities.
1.2 If a Client suffers from a pre-existing medical condition, the Client should consult their physician before embarking on a Tour or Adventure Activities. Such a Client must also inform the Company of such pre-existing medical condition when booking a Tour. Should these Clients still participate in the Tour and/or Adventure Activities, they indemnify the Company against any harm or adverse reactions suffered. Such Clients must also ensure that they take along the necessary medication to treat such pre-existing medical conditions.
1.3 The Client warrants that the vehicle the Client will be using during the Tour is in proper working condition.
1.4 The Client warrants that he/she and the minor children under their care, are in medically fit to participate in the Tour.
1.5 While every precaution is taken during its development, the Company does not guarantee that the Website is free from malicious code such as viruses, worms and Trojan horses.
1.6 The Company does not accept responsibility for any loss or damage due to the use or inability to use the Website;
1.7 The Company does not accept direct or indirect liability for damage that might arise out of the use of the Website, the content or services sold.
1.8 The Company disclaims liability for content in websites to which this Website links.
1.9 The Company has not customised the Website to suit individual requirements of the Client.
1.10 The Company does not accept liability for any submissions made by its employees in email communications that caused damage to the Client or Third Parties.
1.11 The Company provides the Website “as is” and the Company makes no warranty as to its use, availability or performance. The Company does not guarantee that the Website is error-free.
2. Obligations of the Client while on Tour
2.1 The Client undertakes to behave considerately and respectfully while on Tour and undertakes to exercise proper authority over any minor children.
3. Booking Procedure and Payment
3.1 To book a Tour, the Client must complete the reservation form and send it to the Company. The Client must also pay a 25% deposit.
3.2 Upon receipt of the reservation form and the deposit, the Company will confirm the Client’s booking by sending the Client an email confirmation. Since Tours tend to fill up quickly, the Client’s booking is not secure until confirmed by the Company.
3.3 If the Client complied with clause 3.1 above but the Tour is already fully booked, the Company undertakes to refund the Client. The Company may also suggest alternate Tour dates to the Client.
3.4 Approximately one month before the start of the Tour, the Company will send the Client an invoice for the final payment which the Client must pay upon receipt.
3.5 Upon receiving the final payment by the Client, the Company will send the final Tour information to the Client.
3.6 Payment is confirmed when:
3.6.1 The electronic transfer or direct deposit into the Company’s bank account, reflects on the Company’s bank statement.
3.7 The Company reserves the right to accept or reject any reservations without giving reasons. If a reservation has been rejected, the Company will then refund any monies paid by the Client.
4. Changes to Itinerary
4.1 If changing circumstances necessitate this, the Company reserves the right to change the routes and/or accommodation as advertised without incurring any penalty or liability. The Company will notify the Client of this in writing as soon as the Company becomes aware of the changing circumstances.
5. Electronic Communication
5.1 The Client accepts that the Company may communicate with it through the use of email relating to the use of the Website.
5.2 When the Company sends an email to the Client, it is deemed to have been received when the Client is capable of downloading the email.
5.3 When the Client sends an email to the Company, it is deemed to have been received when the Company replies to the message.
5.4 The Client agrees that all electronic agreements, notices, disclosures and other communications between the Company and Client, satisfy any legal requirement that such communications be in writing.
6.1 Although the Company makes all reasonable efforts to ensure that the prices on the Website and other marketing materials are correct, it cannot guarantee that the Website and/or marketing materials are free of pricing-errors.
6.2 It may happen that the price of an Adventure Activity or accommodation suddenly increases due to exchange rate fluctuations or increases by the supplier. In this case, the Company reserves the right to increase the Tour price.
7. Cancellation by the Company
7.1 Should there not be enough bookings to justify a certain Tour, the Company reserves the right to cancel the Tour and either refund the Client’s deposit or to suggest alternate Tour dates.
7.2 If the Company cannot provide the Tour booked for any reason, the Company will return all monies paid by the Client and this will constitute the full extent of the Company’s liability to the Client, this includes natural disasters and / or politically related unrest.
7.3 If the Company suspects fraudulent or other criminal activity on the part of the Client while on the Tour or in case of breach of these terms, it may in its sole discretion terminate the contract by demanding the Client leave the Tour. In this case, the Company reserves the right to keep all monies paid by the Client.
7.4 Force Majeure: The Company reserves the right to suspend, postpone or terminate a tour if circumstances beyond our control arise, make the tour inadvisable, impracticable, illegal, dangerous or impossible. This includes but is not limited to forces of nature (extreme weather conditions) as well as national and global security or medical emergencies (e.g. epidemic or pandemic outbreak) and conduct of third parties for whom neither the Company nor the Client is responsible, such as mass cancellations of tours due to a force majeure event occurring.
In the event of the above, the Company will do everything in its power to reschedule the tour to an alternate and suitable date within a reasonable timeframe. The Company guarantees that all monies received from the Client shall be safeguarded and may be reapplied towards a different tour at the Client’s discretion.
Please note there will be no refunds in terms of this clause and the Company shall not be liable for costs incurred by the Client outside of the actual cost of the tour paid to the Company, i.e. the Company shall not be liable for flights, accommodation etc. that the Client had to cancel due to the force majeure event.
PLEASE NOTE that the “FORCE MAJEURE” clause, as in 7.4 above, supersedes ALL other rules in terms of cancellations or refund policies.
8. Cancellation by the Client
8.1 If the Client wishes to cancel a confirmed booking, the Client must notify the Company in writing.
8.2 The Company reserves the right to levy a cancellation fee to be determined as follows:
8.2.1 60 plus days prior to departure: 50% of the deposit will be forfeited;
8.2.2 After 60 days prior to departure: 100% of the deposit will be forfeited;
8.2.3 After 30 days prior to departure: 50% of the full amount of the reservation; or
8.2.4 After 14 days prior to departure: 100% of the full amount of the reservation.
9. Travel Documentation
9.1 The Client is responsible to acquire a valid passport, visa, vaccinations (if applicable), local currency and all other travel documents necessary for the Tour.
9.2 Should the Client be refused entry to any country due to incorrect travel documentation, the Company does not accept liability for any cost incurred due to delays or repatriation. In this event, the Client also forfeits all monies paid to the Company.
10.1 The Client must Ensure comprehensive travel insurance is in place which covers them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment - for the duration of the tour
10.2 The insurance must cover medical expenses, damage to the vehicle, lost luggage, repatriation expenses and expenses related to the cancellation of the Tour.
10.3 The Client shall be responsible for the additional costs if the Tour Guide has to deviate from the proposed route in the case of the Client’s illness or injury. The insurance must also cover this eventuality.
10.4 The Client must seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;
10.5 The Client must understand that in some cases travel may take Guests into isolated regions and in close proximity with wildlife. Guests will be required to sign a conditions and waiver form at the time of the safari;
10.6 The Client must at time of Booking provide all special requests or preferences
11. Health & Safety Protocols and Indemnities
11.1 By entering into this agreement the Guest agrees that he/she is personally responsible for his / her own health and health safety when utilising any Accommodation or partaking in any Activities or Travel whilst on Tour.
11.2 . The Guest agrees to at all times strictly comply with all health safety policies, rules, processes, procedures and guidelines (“Health Safety Protocols”) which may be applicable at all the Lodges and Camps frequented by Bactrac Adventures and / or any third party properties from time to time.
11.3. The Guest acknowledges that, whilst Bactrac Adventures may request third party service providers providing Accommodation, Activities and / or Travel on Tour to implement health safety standards similar to Bactrac Adventures Health Safety Protocols, Bactrac Adventures is not in a position to enforce health safety processes and procedures to be followed by third party service providers, nor is it in position to verify the standard at which same may be implemented by third party service providers. Consequently Bactrac Adventures cannot accept any form of liability (in the broadest terms) should the Guest or any member of the Guest contract an infectious disease (including the Covid-19 virus) when using accommodation or partaking in any Activities or Travel offered by third party service providers.
11.4. The Guest further acknowledges that:
11.4.1. certain premises at the Lodges and Camps frequented by Bactrac Adventures may be open to members of the public and as such may be frequented by other members of the public;
11.4.2. the Guest may visit public places during a Tour.
By coming into contact with other members of the public or visiting public venues the Guest recognises that he / she may be at a higher risk of contracting an infectious disease. The Guest acknowledges and agrees that as
- (i) Bactrac Adventures has no control in respect of the health safety practices followed by members of the public, and
- (ii) Bactrac Adventures has no control in respect of health safety protocols, policies and rules implemented at public venues, Bactrac Adventures will not be liable (in the broadest terms) should the Guest or any member of the Guest contract an infectious disease by coming in contact with a member of the public that is infected with a contagious disease or when visiting a public venue during whilst on Tour.
12.1 No one, including the Client may use non-malicious search technology, like “web spiders” or “web-crawlers” to gain information from this website if such technology will slow down this website’s server, or if it will infringe the copyright of any data and information in this Website.
12.2 The Client may not deliver any malicious code such as viruses, worms or Trojan horses to this Website.
13. Authority on Tour/Nuisance
13.1 The Tour guide has full and final authority for any decisions made relating to Clients’ safety and comfort.
13.2 If the Client breaches any of these terms and conditions or behaves in an unruly, rude, dangerous, illegal or inconsiderate manner, the Tour Guide is authorised to exclude the Client from the Tour and the agreement between the Company and Client shall then terminate.
13.3 In the event of clause 13.2, the Client shall forfeit any monies paid to the Company and must make his/her own traveling arrangements from the point of termination and at his/her own cost. The Company shall in no way be liable for such costs.
14. Early Termination by the Client
If the Client no longer wishes to continue with the Tour for any reason including illness or injury, the Client must make his/her own traveling arrangements from the point of termination and at his/her own cost.
By participating in a tour, the Client gives consent that the Company may take photos of the Clients while participating in the Tour or an Adventure Activity and use them in promotional material. If a Client has an objection to this, the Client must inform the Company in writing and the Company undertakes to respect that request.
16. Grant of Rights
16.1 Clients agree to be bound by this Website’s Terms and Conditions.
16.2 This website provides Clients with information regarding The Company’s Tours.
16.3 Clients may browse, view and download data. They may not distribute the content of this website even if it is used for non-commercial purposes.
16.4 The Client may not transfer his/her/its rights in terms of this agreement unless the Company has given written consent.
17.1 The structure, organisation, and content of the Website are protected by law, including without limitation the copyright laws of the Republic of South Africa and by international treaty provisions
17.2 The Company either owns or has been licensed to use the copyrights and trademarks on this Website. This Agreement does not grant the Client any intellectual property rights in the Website and trademarks. The Company reserves all rights not expressly granted.
17.3 The Client may not intentionally use a device or software application to overcome the security measures that protect the Website. Doing this constitutes a criminal offense in terms of section 86 of the Electronic Communications and Transactions Act 25 of 2002.
17.4 The Client may not in any way frame any page of this Website without first getting the written approval of the Company. Framing amounts to copyright infringement.
17.5 The Client may not hotlink to this Website.
17.6 The Client may not copy the Website or any of its contents and may not use if for commercial purposes except with the express written consent of the Company.
17.7 Breach of this clause 17 is a criminal offence in terms of Section 27 of the Copyright Act 98 of 1978.
18. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002
18.1 Full name and legal status of the Company: Bactrac Adventures CC;
Carlisle Adventures CC ; Crosstrax Adventures CC all trading as Bhejane 4×4 Adventures
18.2 Physical address and telephone number where services are rendered:
22 Monument Rd, Wittedrift, 6603 ; 0027 (0) 44 5359257
18.3 Website address and email address: www.bhejane.com; firstname.lastname@example.org
18.4 Membership of any self-regulatory or accreditation bodies to which the Company subscribes and its contact details: Southern African Tourism Association ( SATSA ) Chapter Member 1533 ; Southern African Tourism Insurance Brokers ( SATIB ) ; Namibian Tourism Board registered FOR00089
18.5 Any code of conduct to which the Company subscribes and where the Client may access a copy of it online: N/A
18.6 Registration number, names directors and the place of registration of the Company: Bactrac Adventures: 2008/015740/23 Owner Frank Carlisle
Carlisle Adventures: 2008/062502/23 Owner Frank Carlisle
Crosstrax Adventures: 2009/120189/23 Owner Frank Carlisle
18.7 Physical address where Company will accept legal service of documents:
22 Monument Rd, Wittedrift, 6603 or PO Box 132 Wittedrift 6603 Plett
18.8 Sufficient description of the main characteristics of the services offered by the supplier: The website provides information on Tours operated by the Company.
18.9 The minimum duration of the agreement: The agreement is valid until the conclusion of the Tour.
18.10 Manner of payment: the Company accepts payment by Electronic Fund Transfer.
18.11 Time within which services will be rendered: This depends on when the Tour is scheduled.
18.12 Record of the Transaction: The Client will receive a full record of the transaction after the payment has been made.
18.13 Refund Policy: See clauses 7, 8, 12 and 13.
18.14 Dispute Resolution through Arbitration
If a dispute cannot be resolved by the Customer Relations Department, such a dispute shall be resolved through expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa. The proceedings shall be held in George in English or Afrikaans. This clause shall be severable from the rest of this Agreement and therefore shall remain effective between the Parties after this Agreement has been terminated.
19. Changes to Website
19.1. The Company reserves the right to amend any information in this Website and these terms and conditions in its sole discretion, without notice.
19.2. The Client must acquaint themselves with any amendments.
20.1 The Company will use the Client’s information only to communicate with the Client and to send special offers of upcoming Tours.
20.2 Under no circumstances will the Client’s Personal Information be sold or made available to Third Parties without the Client’s written consent or in terms of a court order.
20.3 When the Client completes the contact form, the Client consents to the Company collecting the following information on the Website:
20.3.2 Email address;
20.4 When the Client completes the Booking Form, the Client consents to the Company collecting the following information:
20.4.1 Full names and Surname of all persons who will be going on Tour;
20.4.2 Residential and Postal address;
20.4.3 Telephonic contact numbers;
20.4.4 Email address;
20.4.5 Information about pre-existing medical conditions.
19.5 The Company also collects information that is automatically provided (e.g. cookies). This information is gathered to better your browsing and interaction with the Company. Cookies are harmless and do not carry viruses.
20.6 By using this Website, the Client consents to the following:
20.6.1 The Company may use the Clients’ personal information to send non-commercial messages from time to time. Clients may indicate if they do not wish to receive such communications; and
20.6.2 The Company may use the Client’s information for non-personal statistical purposes.
20.6.3 The Company retains the copyright in databases of Personal Information of Clients.
21. Governing Law
The Laws of the Republic of South Africa governs the interpretation and validity of this Agreement.
22. Interpretation and Definitions clause
In this agreement, unless inconsistent with or otherwise indicated to the contrary, the following terms shall have the following meanings:
“Adventure Activities” refers to all activities included in a Tour and may include safaris, river cruises, game drives, canoeing, walking safaris, fishing, off-road driving, and other expeditions.
“Company” refers to “Bactrac Adventures”.
“Client” refers to either a private individual who accesses the Website. It also includes every person who goes on a Tour with the Company;
“Party/Parties” refers to the Company and Client;
“Third Parties” refer to people or entities that are not the Company or Client;
“Tour” refers to the service that the Company provides to the Client;
“Website” refers to the official website address: www.bactrac.com