TERMS AND CONDITIONS – GEMS OF AFRICA SAFARI & TOURS
Gems of Africa Safari & Tours (Pty) Ltd (herein called ‘the Company’)
Introduction / User Acceptance
Thank you for choosing Gems of Africa Safari & Tours.
Please read these terms and conditions of use carefully before using or obtaining any information, content, products or services through this site or making use of our services.
By accessing or using the Gems of Africa website (“Our Website”) or services through any means, you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these Terms, then please do not use Our Website or services.
We reserve the right at any time, at our sole discretion, to modify these Terms without prior notice, and your continued use of Our Website and services signifies your acceptance of the updated Terms.
Reservations
On confirmation of the booking, please complete and sign the booking form. A non-refundable deposit of 50% of the total package price is payable within 48 hours/2 days of confirmation of the reservation in addition to the total cost of air tickets, airport taxes and fuel levies, by the due date stipulated by the airline booked.
The balance owing on the invoice must be paid 8 weeks prior to departure or, alternatively, as per the date stated on the confirmation. Full payment is due immediately for all bookings made less than eight weeks prior to departure. Full documentation can only be released upon receipt of final payment – PAID 8 WEEKS PRIOR TO DEPARTURE AND FULL PAYMENT DUE 8 WEEKS PRIOR TO DEPARTURE.
Should a more stringent payment deadline and required amount differ to the above information due to the nature of the booking; the Company will advise the clients involved. These payment deadlines and amounts will need to be adhered to (certain suppliers require up to 100% pre-payment, this will be advised at the time of booking if it applies).
The Company reserves the right to cancel any reservation for which the total package price has not been paid by due date, in which event the deposit will be forfeited to the Company. The Company guarantees the price of land arrangements once full payment is received, except where subsequent increases are beyond the control of the Company.
Airfares, airport taxes and fuel surcharges are subject to the prices, ticket time limits and conditions quoted by the airlines and cannot be guaranteed by the Company.
The Company is an intermediary and acts on behalf of its principals and cannot be held liable for any increases, cancellations or changes effected by these principals. These principals have their own terms and conditions which will apply to the client and such conditions will prevail.
Method of payment
The Company will accept payment for all arrangements in cash, electronic funds transfer (EFT) or credit card. For payment by credit card the Company offers an online credit card payment via a 3D secured site. Certain international cards, possibly Diners and American Express might not be compatible with this site.
Please note, should the client choose to make an electronic funds transfer (EFT), the payment must reflect in the Gems of Africa Safari & Tours bank account before the Supplier/Principal is paid. We will advise if the funds need to reflect immediately due to stringent payment deadlines by the Supplier/Principal.
In the case of an overseas bank transfer, an administration fee of R 400.00 per payment will be charged.
No quotation issued and/or accepted, or booking made (whether provisional or final) shall be binding on Gems of Africa Safari & Tours unless and until a final invoice has been issued, full payment has been received as set out above and The Company has confirmed the necessary in writing to complete the transaction.
Cancellations and curtailment
Land arrangements
In the event of the client cancelling their reservation for any reason, such cancellation must be made in writing and in such instances cancellation charges plus 14% VAT will be levied in accordance with the maximum charges that can be imposed. From time of booking up to 4 weeks prior to departure, the deposit is forfeited.
Cancellation fees for bookings and travel during peak periods, being Christmas, New Year and Easter but not limited to these periods only, will be more stringent.
Cancellation fees as per below:
The following fees will be charged for cancellation:
Upon making a reservation – 50% of the total tour price
Four weeks prior to departure – 100% of the total tour price
These conditions will be strictly adhered to and cancellation insurance is therefore strongly recommended. In accordance with the standard procedure adopted by all tour operators worldwide, we reserve the right to cancel any tour/travel arrangements prior to departure, in which event the entire payment made will be refunded to the passenger without any further obligation on the part of the company.
Furthermore, all bookings are subject to the terms and conditions specified by the supplier of the services which the customer contracts to in terms of the booking.
The Company will provide on request, the identity of the supplier and such supplier’s terms and conditions may include, but are not limited to, provisions regarding the cancellation fees or amendment fees applicable to confirmed reservations, refunds/no refunds for no-shows/unused services; late booking fees; baggage allowances; confirmation of flights, etc.
Prices
Gems of Africa Safari & Tours acts as an agent for the suppliers and the Principals found on Our Website and all marketing materials. We endeavor to offer the best possible price for these products and services. The final price for your reservation may increase after you have made a reservation.
The suppliers and the Principals outline when this may happen in their terms and conditions. By making a reservation through Our Website and any form of contact with Gems of Africa Safari & Tours you enter into a contractual relationship with the Principal at which you book. It is your responsibility to familiarise yourself with such terms and conditions.
The Company will do their utmost to honour prices quoted and published. However, where increases are as a result of currency fluctuations, airfare increases, hoteliers’ increases, taxes and other factors beyond The Companies control do arise, surcharges will be made to cover such increases.
It is essential that the client checks there have been no changes in price, prior to making final payment.
Any prices quoted on by The Company shall not be binding on it unless and until a final invoice is issued on which payment must be made.
Refunds and unused services
No refunds will be made for no-shows (clients who have booked and paid for services for a specific date and do not show or amend within 24 hours of departure date), or any unused services irrespective of whether they form part of the basic inclusive package price, or whether they are in respect of pre-booked optional arrangements.
Amendment Fee
Where any alteration or amendment is made to a confirmed booking, an administration fee shall be levied and all costs, including cancellation fees incurred as a result thereof, shall be for the client’s account.
Delays
The Company does not hold itself responsible for any delays prior to departure nor during travel to any hotel/resort advertised whether brought about by technical difficulties, strikes, political unrest, weather conditions, force majeure, airline schedule or time changes, rescheduling or any other circumstances whatsoever, whether foreseen or unforeseen.
The Company will, however, endeavour but will not be obliged to assist clients during these periods and it is understood that any expenses relating to these unscheduled extensions (e.g. hotels, meals, beverages, airfares, telephone calls, etc.) will be for the client’s account.
Insurance
Gems of Africa Safari & Tours strongly advises you to take out adequate insurance cover such as cancellation due to illness, curtailment, injury or accident, personal accident and personal liability, loss of or damage to baggage and default at time of booking. Gems of Africa Safari & Tours will not be responsible or liable if you fail to take adequate insurance cover or at all.
Passports, visas, vaccinations, inoculations, re-entry permits
The responsibility to obtain correct, current and valid passports and passport requirements, visas, vaccinations, inoculations and re-entry permits where required, is that of the client alone.
International visitors require a valid passport together with onward travel documents. If travelling to South Africa then guests must please ensure that their passport is valid for at least 6 months after their entry date and that they have a minimum of 3 blank back to back pages (if there is insufficient space in the passport then entry will be denied) in their passport to enable the entry visa to be issued.
All passport holders should verify with their relevant consulate concerning visa entry requirements.
Please ensure that you have all the necessary visas prior to departure (unless available on entry) as Gems of Africa Safari and Tours cannot be held liable for any errors. If you are extending your journey to other countries, please establish entry requirements for those countries as well.
Clients travelling with children under 18 years old must be familiar with the new SA Immigration Regulations effective 01 June 2015. The Company will not be held responsible or liable for any consequence of any nature arising from the client failing to ensure that he/she has complied with all such requirements.
A parent traveling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police.
Please consult your medical practitioner for any necessary vaccinations, inoculations or medication prior to travel. For malaria specific information in Africa, please see www.traveldoccorp.com
Liability
The client/passenger accepts any and all risks associated with his or her intended excursion/travel plans to the venue in question, and whilst at such venue as a guest of the principal.
As an Agent, Gems of Africa Safari & Tours acts only as booking agents for the principals and accordingly accept no liability for any loss or damage which any client or passenger may suffer, as a result of the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, medical care, accommodation, facilities, package features or otherwise.
For damages, neither Gems of Africa Safari & Tours, nor any person acting for, through or on behalf of Gems of Africa Safari & Tours, shall be liable for any loss, damages, accidents, delay, death or inconvenience to any person or his or her luggage or other property, howsoever caused or which may arise as a result of the negligence or any act or omission on the part of Gems of Africa Safari & Tours or its principals.
Gems of Africa Safari & Tours does not warrant the accuracy or completeness of information posted on its website, in respect of any principal’s or third party’s offering, and accepts no liability in this regard.
It is the client’s responsibility to confirm any package inclusions or restrictions as per the final documentation presented by Gems of Africa Safari & Tours, once final payment has been made.
This privacy notice forms part of your agreement with Activitar.
During our interactions, you share personal information with Tornado Tour Systems (Pty) Ltd, trading as Activitar, registration number 2004/000954/07.
This notice tells you what to expect when we collect information from you and how we use it.
It is part of our agreement with you, and we may need to update it occasionally. When we do, we will inform you. You should read this notice along with our terms and conditions that apply to the products and services you use.
If you have any questions about this policy, please contact us by email at privacy@activitar.com or by phone on +2787 250 0276
We collect your information in the circumstances outlined below. Sometimes we are required by law to collect your information, for instance, if tax legislation forces us to collect personal information.
We need some general information before we can enter into an agreement and you can begin to use our reservation system and online distribution service.
We collect your:
company name
contact details
VAT number
banking details
details related to your operating processes and offerings
details contained in your company registration documents
identity documents of your mandated officials
proof of address of your mandated officials
proof of banking details
We use this information to:
load you on our services and configure the system
set up and process payments via the payment gateway
communicate with you
provide training
process orders
provide your offerings to clients via activitar.com
provide support
send you statements, receipts, invoices or any other legal documents that relate to your transaction
fulfill our legal obligation to use or disclose your information
Legal basis for processing: Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you. In other instances, we are required by law to collect your information, for instance tax legislation forces us to collect personal information. |
In order for our service to function properly, ‘customer data’ is generated and collected. This includes your, and your clients’ personal information. We collect your clients’ names, contact details, and details about their bookings.
We use customer data to process bookings and reservations on our reservation system and distribution service, to analyse and improve our services and to identify and solve problems where they may appear.
Legal basis for processing: Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you. |
When you contact us by social media, email, our support service or telephone with a query, complaint, or request, we collect the information contained in your message. We use the information we collect to reply to, investigate, and resolve your query, complaint, or request.
Legal basis for processing: Data protection legislation allows us to process personal information when it is in our interest and we have chosen the least invasive way to process the information. It is in both our interest to reply to, investigate, and resolve your queries, complaints, and requests. |
We have a monthly newsletter that is delivered by email.
We’ll ask you whether you want to receive the newsletter, if you agree it is important that you know you can unsubscribe at any time by following the unsubscribe link at the bottom of the email or by contacting us.
Legal basis for processing: Data protection legislation allows us to process personal information when you have given us your express consent. |
We do not knowingly collect the personal information of children without the consent of a parent or guardian.
We use service providers and suppliers who we trust to assist us in providing our services to you. They have agreed to keep your information secure and confidential, and to only use it for the purposes for which we have sent it to them.
We share your information with service providers when they help us to:
store information
process payments
ensure you have access to the services you paid for
deliver our newsletter
help monitor the effectiveness of our promotions and advertising
help us manage our business, for instance accountants and professional advisors.
maintain our website
find and fix errors and performance issues on our website
Sometimes we will be required by law to share your information. For instance, we may be required to share your information with the South African Fraud Prevention Services. We will not sell your information or share information with third parties for the purposes of direct marketing (we don’t like spam either).
Some of the service providers that we use may be located in other countries; for instance, our cloud storage service. These countries may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level that we do.
We will not retain your information for longer than we need to, unless we are legally required to do so. Most of your personal information will be retained for 5 years from the date of your last transaction with us. However, we may keep your contact details for longer for marketing and mailer purposes.
We have implemented reasonable security measures based on the sensitivity of the information we hold. These measures are in place to protect the information from being disclosed, from loss, misuse, and unauthorised access, and from being altered or destroyed.
We regularly monitor our systems for possible vulnerabilities and attacks, but no system is perfect and we cannot guarantee that we will never experience breach of any of our physical, technical, or managerial safeguards. If something should happen, we have taken steps to minimise the threat to your privacy. We will let you know of any breaches that affect your personal information and inform you how you can help minimise the impact.
You also have a role to play in keeping your information secure. For example, you should never share personal information with us in an email, because while our servers are protected, it is still possible that email can be intercepted. Instead, contact the Activitar support team at +2787 250 0276, which will connect you to Chris Coetzee, our information officer.
You have the right to know what kind of personal information we have about you, to correct it, and to opt out of marketing.
You have the right to
ask us what we know about you;
ask what information was sent to our suppliers, service providers, or any other third party;
ask us to update, correct, or delete any out-of-date or incorrect personal information we have about you;
unsubscribe from any direct marketing communications we may send you; and
object to the processing of your personal information.
You can request access to the information we have about you, or correct your personal information by contacting our deputy information officer at privacy@activitar.com. It can take us up to 21 days to respond to your request because there are procedures that we need to follow. In certain cases, we may require proof of your identity, and sometimes changes to your information may be subject to additional requirements such as valid proof of residence.
If you are in the European Union, you have these rights in terms of the GDPR:
The right to be informed about the collection and use of your personal information.
The right to access your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may charge a fee in some circumstances. We will let you know if this is the case.
You have a right to have inaccurate personal information corrected or completed if it is incomplete. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.
You have the right to have your personal information erased, also known as the ‘right to be forgotten’. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.
You have the right to request that we restrict or suppress your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.
You have the right to reuse your personal information for your own purposes across different services, also known as the right to data portability.
You have the right to object to us processing your personal information in certain circumstances. You may make your objection by contacting privacy@activitar.com. We may take one month to respond to your request. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it.
You have the right to complain to a supervisory authority in the Member State where you live or work, or where the infringement took place.
You have the right to object to automated decision-making and profiling.
You may ask that a human review any automated decisions that we make about you, express your point of view about it, and obtain an explanation of the decision. You may challenge any automated decision made about you by contacting privacy@activitar.com. We may take one month to respond to your request.
© 2026 Tornado Tour Systems (Pty) Ltd ta Activitar.