Definitions
Client – refers to any individual or group engaging in any activity(ies) offered by the service provider.
Service Provider – refers to “Lowveld Trails Company” (Lowveld Trails Company (Pty) Ltd, CK No: 2012/103412/07), also commonly referred to as “Lowveld Trails Co.” or “Lowveld Trails”, the company providing the activity(ies).
Activity(ies) – refers to any service offered by the service provider, including but not limited to courses, trails and training.
Representative(s) – refers to any employee, guide, contractor or authorised person acting on behalf of the service provider.
1. Client Requirements
1.1 The service provider’s Terms and Conditions apply to all bookings once the client has been given a reasonable opportunity to review them. By paying a deposit, the client confirms acceptance of these Terms.
1.2 Clients are required to complete and sign an online form including a “Client Profile”, “Indemnity Form” and these Terms and Conditions.
1.3 Insurance Cover:
1.3.1 The client understands that the service provider is insured for General Public Liability, Professional Indemnity Cover and 24Hour Evacuation and Medical Crisis Management.
1.3.2 The emergency evacuation policy in place covers clients from point of injury to hospital admission according to the policy limitations, and any shortfalls must be covered by the client’s compulsory medical insurance. The client remains solely responsible for all medical expenses not covered by their personal medical insurance.
1.3.3 Personal medical insurance cover, including medical evacuation from point of injury, is compulsory for all clients. Proof of cover must be provided prior to departure.
1.3.4 Travel insurance covering baggage, money and trip cancellation/delays is excluded from all rates and is compulsory for all clients. This is the client’s own responsibility and should be arranged in their country of origin when booking the trip.
1.4 Clients are responsible for their own travel arrangements pre and post activity.
1.5 The service provider shall not be liable for loss or damage to the client’s personal possessions except where caused by the proven gross negligence or wilful misconduct of the service provider.
1.6 The client shall replace any of the service provider’s property that is lost or damaged due to careless or negligent behaviour.
1.7 The service provider reserves the right to refuse service on reasonable, lawful, and justifiable grounds, including safety concerns, disruptive behaviour, breach of terms, or failure to meet participation requirements.
1.8 The client confirms that all information and records provided to the service provider are accurate and honest.
1.9 The client will provide the service provider with a clear indication of the client’s medical health status.
1.10 The service provider reserves the right to request that the client provides a doctor’s certificate confirming that he/she is physically and emotionally fit to undertake the activity.
1.11 The service provider will not be responsible for any country’s decision to refuse a client’s entry, exit or transit. The client must contact the relevant embassy to apply for the required visa in sufficient time before the activity commences.
1.12 The service provider will not be responsible for any country’s refusal or delay in granting a visa to the client.
1.13 The client grants the service provider consent to use photographs or videos taken during the activity(ies) for marketing purposes, unless the client withdraws consent in writing.
1.14 The client understands that certain risks may arise whilst travelling or residing in remote areas. The client declares that these dangers are characteristic of the activity(ies), that their participation is voluntary, and that they accept all associated risks. This acknowledgment forms part of the indemnity contained in these Terms.
1.15 The client understands that all activity(ies) may have age restrictions. The minimum age is 12 years if accompanied by a parent/guardian, and the maximum age is 65 unless a doctor’s certificate is provided.
1.16 The client understands that no FGASA certificates will be issued under the service provider’s name. Clients must contact FGASA directly for any FGASA related certificates.
1.17 The client expressly acknowledges that they participate in the activity(ies) entirely at their own risk and hereby indemnify and hold harmless the service provider, its owners, directors, employees, guides, contractors and representatives from any liability, loss, claim, damage, injury or death arising from any cause whatsoever, including but not limited to risks inherent to wilderness environments, wildlife encounters, travel in remote areas, natural hazards, or the negligence of the service provider or its representatives, but excluding gross negligence or wilful misconduct as per South African law. The client expressly accepts the legal principle of “voluntary assumption of risk” (volenti non fit injuria) applicable under South African law.
2. Complaints / Expulsion
2.1 If the client wishes to make a complaint regarding the activity:
2.1.1 He/she shall bring the complaint to the attention of a service provider representative for resolution.
2.1.2 If the client decides to leave the activity before the completion date/time, he/she must provide a written letter of events prior to departure.
2.1.3 No compensation shall be provided unless required by applicable South African consumer protection legislation or unless exceptional circumstances apply.
2.2 In cases of serious misconduct, unsafe behaviour, use of illegal substances, refusal to follow safety protocols, or disruptions affecting the experience of others, the service provider may terminate the client’s participation without refund.
3. Payments and Confirmation of Bookings
3.1 Rates are quoted in ZAR and/or USD, depending on the activity.
3.2 Tariffs are subject to change prior to booking confirmation. Once a booking is confirmed and deposit paid, the quoted rate is secured except where external cost changes apply (e.g. park fees, third-party charges).
3.3 Quotes are valid for one week from the original date.
3.4 All international bank charges are excluded from invoices and for the client’s own account.
3.5 Payments made into the incorrect bank account are the client’s responsibility; all correction fees are for the client’s account.
3.6 If paying a USD invoice from a South African bank account, the OANDA ATM Buying Rate applies on the day funds clear.
3.7 A 50% deposit is required within 7 days of invoice to secure the client’s booking.
3.8 If the deposit is not received in time, the booking is automatically cancelled.
3.9 Full settlement is required 60 days before commencement of the activity.
3.10 Bookings made within 60 days of commencement of the activity require full payment immediately.
3.11 If payment is not settled by the required date, the booking will automatically be cancelled, and cancellation fees will apply.
3.12 Any monies paid become nonrefundable on the payment deadline as per these terms and conditions.
4. Cancellation Policy
4.1 Cancellation requests must be submitted in writing and emailed to the service provider immediately.
4.2 Cancellations will be processed as follows:
4.2.1 Up to 6 months prior to departure – client owes 0% of invoice
4.2.2 Between 6 months and 60 days prior to departure – client owes 50% of invoice
4.2.3 Between 60 days and date of departure – client owes 100% of invoice
4.3 A R500 administration fee applies to all refunds, except if processed as per point 4.5.
4.4 No credit notes apply to cancellations.
4.5 Should minimum numbers not be reached, the service provider may cancel and issue a full refund.
4.6 Should circumstances beyond the service provider’s control (including force majeure events) prevent the activity from proceeding, the service provider may cancel the activity. In such cases, the service provider will refund any recoverable amounts received from suppliers, less any non-recoverable costs.
5. Postponement / Amendment Policy
5.1 Postponement / amendment requests must be submitted in writing and emailed to the service provider.
5.2 A credit note equal to monies paid (minus any applicable fees) may be issued, as per point 5.4.
5.3 Clients must cover any shortfall (if applicable) due to annual price increases for the new booking.
5.4 Postponements will be processed as follows:
5.4.1 Up to 6 months prior to departure – no administration fee applicable
5.4.2 Between 6 months and 60 days prior to departure – administration fee of R1 500 applicable
5.4.3 Between 60 days and date of departure – no postponements will be permitted, and a cancellation will be processed as per point 4.2.3
5.5 Full value of the credit note must be used within 6 months of the original activity start date (subject to availability). Any credit note, or part thereof, not used within the 6-month period will be non-refundable.
5.6 Once a postponement or amendment has been made to a booking, and a credit note has been allocated, no further postponement, amendment or cancelation requests will be accepted on that particular booking.
5.7 In unforeseen circumstances, beyond the service provider’s control, adjustments may be made to the itinerary. Any adjustments will be reasonable and will maintain, as far as possible, the overall value and nature of the original itinerary.
5.8 Adjustments must be communicated to clients immediately.
5.9 Client requested changes (e.g. pickup times/locations) may be considered if convenient for the service provider and/or the group, and must be requested at least one month prior to activity start date.
6. POPI Act Privacy Policies and Procedures
6.1 The service provider complies with the POPI Act and prioritises client privacy.
6.2 Personal information is processed when clients use the website, online shop, social media and/or services.
6.3 Consent is obtained before adding client details to marketing databases.
6.4 Personal information is used to provide services, process bookings, improve client experience and share relevant marketing.
6.5 Information is stored securely and only disclosed when necessary for service provision or emergencies.
6.6 All information collected before 1 July 2021 remains valid under POPI.
6.7 Clients have the right to access, correct and delete their personal information.
6.8 The client may withdraw consent at any time, subject to legal or operational constraints.
7. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms or the client’s participation in any activity(ies) shall fall under the exclusive jurisdiction of the High Court of South Africa.
8. Severability
If any part of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. Entire Agreement
These Terms and Conditions constitute the entire agreement between the client and the service provider and supersede all prior verbal or written agreements.
