1.1 Alpha Destinations will prepare a written proposal based on the instructions received from the Client. The proposal will include an itinerary and total cost per person for the itinerary. Airport taxes and fees might me quoted separately. The proposal must be accepted by the Client in writing and acceptance thereof confirmed by Alpha Destinations in writing before this Agreement comes into force and effect.
2.1 All rates quoted by Alpha Destinations are inclusive of government levies & taxes (i.e., local VAT) and sometimes also third party charges (i.e., national park entrance fees). Should there be any change in these charges, levies and taxes after the booking is confirmed and Alpha Destinations becomes liable to pay these additional charges, Alpha Destinations reserves the right to amend the quote accordingly. Should Alpha Destinations amend the quote the Client will be required to amend the payments due in terms of the booking.
3.1 A deposit is required from the Client for each booking. The deposit will be confirmed in writing as part of the proposal. Should the deposit not be received on before the due date, Alpha Destinations may, at its sole discretion, cancel the booking.
4 Payments due from the Client
4.1 The deposit is due for payment within seven (7) days of the proposal being accepted by the Client and the Proposal being confirmed by Alpha Destinations.
4.2 The balance of the payment for the booking is due at least four (4) weeks prior to arrival. Upon receipt of this payment, Alpha Destinations will re-confirm the booking in writing.
For Peak Season bookings (i.e. Christmas and New Year) the balance payment might be due as much as 10 weeks prior to travel.
4.2.1 Alpha Destinations reserves the right to cancel any bookings, should the balance of the payment not have been received as per deadlines outlined in 4.2
4.3 Where the proposal is accepted by the Client within 30 days of the intended arrival date, payment in full is due within two (2) days of the Proposal being accepted by the Client and the booking being confirmed by Alpha Destinations.
4.4 Payment may be made by direct bank transfer or by credit card. However:
4.4.1 Credit cards will incur an additional charge of 3,5%;
4.4.2 Alpha Destinations does only accept American Express, Visa and Mastercard.
4.5 All banking fees for the international transfer are to the clients account.
4.6 As all quotes are subject to currency fluctuations, the final amount can only be guaranteed, once final payment has been received.
5 Cancellation and related penalties
5.1 Reservations made on behalf of clients are subject to the following cancellation policies:
Bookings for peak season may be subject to a different cancellation policy.
5.1.1 cancellations (full or partial) or changes to the booking made between confirmation of the booking and 60 days before the arrival date may incur a penalty equivalent to 25% of the total invoice amount;
5.1.2 cancellations (full or partial) or changes to the booking made between 60 and 30 days before the arrival date may incur a penalty equivalent to 50% of the total invoice amount;
5.1.3 cancellations (full or partial) or changes to the booking made within 30 days of the arrival date may incur a penalty equivalent to 100% of the total invoice amount.
5.1.4 Certain elements of an itinerary, i.e. regional scheduled flights, gorilla trekking permits, will attract a 100% cancellation fee from the moment they are issued.
5.1.5 No-shows will always attract a 100% cancellation penalty.
5.2 Alpha Destinations will endeavour, on a best efforts basis, to reduce the cancellation penalty wherever possible.
6.1 Force majeure
6.1.1 Should the performance of this Agreement, by either party, in whole or in part, be prevented or restricted due to acts of nature, government authority, disaster, strikes, acts of terrorism, war, civil disorders in the country of residence of the guests and/or in their country of destination, any of which make it illegal or impossible to perform in terms of this Agreement, then each party shall be excused from such performance by postponement of the Agreement for a period of 12 months only.
6.1.2 All deposits and balance of payments shall thus be held over, in terms of this Agreement, to the following proposed date. If, for any reason, the booking does not materialize within the given 12 month period, all deposits and balance of payments, will be forfeited, unless Alpha Destinations and its suppliers, in their sole and absolute discretion, agree otherwise.
7.1 If a Client commits any breach of this Agreement and fails to remedy such breach within 2 (two) business days (“Notice Period”) of written notice requiring the breach to be remedied, then Alpha Destinations will be entitled, at its option,
7.1.1 to claim immediate specific performance of all or any of the Client’s obligations under this Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance and to require the Client to provide security to the satisfaction of Alpha Destinations for the Client’s obligations;
7.1.2 to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Client, and the cancellation shall take effect on the giving of the notice.
8 Applicable law & jurisdiction
8.1 This agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.
8.2 the Parties hereby consent and submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg in any dispute arising from or in connection with this Agreement.