4x4 Down Under | 4x4 Self-Drive Safaris

Terms and Conditions

Please take the time to read these terms and conditions. By using our 4x4 Down Under Self-Drive Safaris Website, and the Services and information offered on this specific part of our Website, you are agreeing to the terms and conditions laid out below.

If you have any questions please ask us.

Obvious errors or mistakes in the travel program are not legally binding.

CONDITIONS OF BUSINESS

4x4 Down Under acts at all times as an agent for various principles and/or other third-party suppliers inter alia; tour operators, car hire and touring firms, hotels and other providers of tours, transport, sea, air or land arrangements. We act on behalf of these principles and/or third-party suppliers and are not responsible for acts of error or omission made by them or their agents. When you accept our Booking Terms and Conditions, you also accept and agree to be bound by the third-party service provider agreement.

TOUR BOOKING TERMS AND CONDITIONS FOR 4X4 DOWN UNDER (HEREINAFTER THE TRAVEL ORGANISER)

These Booking Conditions set out the terms on which you contract with us for the organisation and delivery of travel arrangements for your Self-Drive Safari 4x4 tour. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request. Furthermore, these booking conditions apply only to the Self-Drive Safari 4x4 Tour operations offered by 4x4 Down Under; and do not apply to its accessories business.

“You” and “Your” means all persons named in a booking (hereinafter the Traveller), including anyone who is added or substituted at a later date.

“We”, “us”, “our” and “4x4 Down Under” means the Travel Organiser trading as 4x4 Down Under.

The outlined travel information and route description are part of the travel agreement and the booking of a self-drive Safari tour, and/or vehicle rental holiday.

HOW DO I BOOK A TOUR WITH 4X4 DOWN UNDER (THE CONCLUSION OF THE TRAVEL AGREEMENT)?

The offer from 4x4 DOWN UNDER is presented via our online portal www.4x4downunder.com.au. Booking is made via email and telephone communication between yourself (the Traveller) and ourselves (the Travel Organiser). After conclusion of such booking communication you will receive a confirmation by email including an invoice for the deposit payment. On payment of the deposit your acceptance is deemed to be binding.

PAYMENT/ DEPOSIT:

A 25% deposit per person is required within 7 days (unless otherwise stated) of us accepting your booking. The deposit represents a fee payable to us for services associated with processing and confirming your booking and any consultations on travel arrangements we may provide you. Because these services are provided as soon as we confirm your booking, and the work that we provide in arranging this, 50% of the deposit is non-refundable other than when we cancel your travel arrangements for reasons other than Force Majeure (see below).

Please note that we may not hold any services for you until we receive payment of your deposit. Payment of a deposit does not guarantee the price quoted. This may be affected by rate of exchange fluctuations and other factors beyond the Travel Organiser`s control.

Some tours and arrangements may impose a higher non-refundable deposit – we will advise you of this at the time of booking.

FINAL PAYMENT

Payment in full must be received no later than 60 days before the commencement of your trip. Note: some trips may require earlier payment (including full payment) and this will be advised with the booking confirmation.

If you fail to make payment by the due date, the Travel Organiser will remind you via email to make payment. Furthermore, you will also be responsible for any costs from suppliers imposed on us resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.

PAYMENT METHODS

The Travel Organiser accepts the following methods of payment.

Direct Deposit into the bank account of 4x4 Down Under or Credit Card payments accepted (payment by credit card will impose a 1.75% to 2.8% surcharge (dependent on card operator)). Please use our 5-digit Booking reference as your reference when making your payment.

Bank transfers can take up to 48 hours to reflect and your booking cannot be processed unless the funds have cleared in our account.

CANCELLATION OF THE TOUR BY THE TRAVELLER

You may cancel your booking by giving written notice to us. Cancellation must be received in writing and will take effect from the date received by the Travel Organiser. We will make refunds to you less cancellation fees as per the table below, calculated from the date which we receive your written notice:

- Cancellation more than 61 days before departure – Full refund, less 50% of your deposit.
- Cancellation of the tour between 60 and 49 days before departure will result in the traveller forfeiting 50% of the full travel amount.
- Cancellation of the tour between 48 and 31 days before departure will result in the traveller forfeiting 75% of the full travel amount.
- Cancellation of the tour between 30 and 0 days before departure will result in the traveller forfeiting 100% of the full travel amount.

The cancellation charges specified above represent a realistic and genuine pre-estimate of the losses 4x4 Down Under and its principles will have incurred if you cancel at particular points in time.

Please Note: For the cancellation of campsites or accommodations booked by the Travel Organiser on behalf of the Traveler, different cancellation and refund policies may apply. These policies are determined by the local partner, hotel, lodge, or booking office and may vary depending on their specific terms and conditions. Therefore, the cancellation terms of the respective service provider will apply in these cases.

To cover the financial risk of the cancellation of a tour, we always advise that the Traveller purchase their own comprehensive cancellation insurance, ideally at the time of booking.

MINIMUM PARTICIPATION REQUIREMENT AND CANCELLATION TERMS

Most tours require a minimum number of participants. If this minimum is not met, the Principals reserve the right to cancel the tour prior to departure. In such cases, the full amount paid by the Client will be refunded without any further liability or obligation on the part of the Travel Organizer. While the Travel Organizer endeavours to avoid cancellations, certain circumstances may necessitate them, particularly if these circumstances could compromise the quality or safety of the tour.

In the event of a cancellation, the Travel Organizer will notify the Traveller promptly, providing the reasons for the decision. The Travel Organiser will not be liable for any financial losses incurred by the Traveller due to missing the tour if the cancellation was caused by abnormal, unforeseeable circumstances, force majeure, or other events beyond the Travel Organiser's control that could not have been prevented despite careful planning.

The Travel Organiser is also not responsible for any pre-tour expenses incurred by the Traveler, including but not limited to insurance premiums, travel costs, down payments, visa fees, or vaccinations. Furthermore, the Travel Organiser holds no liability for any personal injury, loss, theft, or damage to personal belongings, including money, sustained by the Traveler.

In the event of a tour cancellation, the Travel Organiser will make every reasonable effort to offer a suitable alternative to the Traveler.

For group departures, the transfer of a confirmed booking to an alternate departure date will be considered a cancellation of the original booking.

FORCE MAJEURE CANCELLATION TERMS AFTER TRIP COMMENCEMENT

If travel arrangements are cancelled due to force majeure after the trip has commenced, the Travel Organizer will provide the Traveller with a refund of recoverable third-party costs for any cancelled travel arrangements only.

ASSUMPTION OF RISK AND LIABILITY WAIVER

By participating in a 4x4 self-drive safari with 4x4 Down Under, you acknowledge and accept that such activities inherently carry risks, including but not limited to, personal injury, accidents, wildlife encounters, vehicle damage, or delays. You agree that the Travel Organiser, its principles, employees, and affiliates shall not be held liable for any harm, injury, loss, or damage, whether to person or property, arising from participation in the tour, except where caused by gross negligence or willful misconduct on the part of the Travel Organiser.

You further acknowledge that it is your responsibility to ensure your own safety and to operate any vehicle provided responsibly and in accordance with local laws and conditions. By agreeing to these terms, you release and discharge 4x4 Down Under from any and all claims, demands, or causes of action related to any risks associated with the self-drive safari.

This liability waiver is binding upon you, your heirs, legal representatives, and assigns.

PRECONDITION CHANGES, PRICE ADJUSTMENTS, AND LIABILITY

You, as the Traveller, are obliged to disclose all relevant personal circumstances that may influence the tour at the time of the booking. For example illnesses, handicaps, allergies, general condition and possible desired or necessary diets. By accepting these terms, you agree to participate at your own risk and understand that 4x4 Down Under has no liability for health or medical issues experienced during the tour, except in cases of gross negligence on the part of the Travel Organizer.You must read the extended travel information before booking the trip.

We reserve the right to vary the cost of your travel arrangements before commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges. We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us.

Due to local circumstances and the adventurous nature of our tours, changes to travel routes or the planned itinerary may occasionally be necessary. Adjustments to the travel program may be required, either before or during the tour due to unforeseen events or evolving conditions. In such cases, the Travel Organiser will make every effort to minimise any potential inconvenience to the Traveler and will seek alternatives that preserve the spirit of the original program as closely as possible.

In case of changes before the departure, the Traveller will be notified immediately, stating the reasons. Furthermore, the Traveller is expected to familiarise himself with the local circumstances in general. In principle changes have no consequences for the travel amount and the Traveller has no right to compensation for damages concerning changes that necessarily were implemented by the Travel Organiser.

The Traveller can reject possible changes (as well as changes in the travel amount), but only when there is no reasonable alternative available and the change causes him a disadvantage of more than minor importance. In case of a rejection, the Travel Organiser can cancel the travel agreement with the Traveller, whereby the cancellation conditions shall be applicable.

BREAKAWAYS

While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Traveller´s account.

VEHICLE RENTAL SELF-DRIVE SAFARIS

The Travel Organiser is only an intermediary for the vehicle rental and the contract for vehicle rental will be signed at the location between the lessor (Vehicle Rental company) and the lessee (Traveller). Hereby the conditions of the vehicle rental company shall apply, which may deviate from these Terms and Conditions of the Travel Organiser. Keep in mind that it is always possible that a replacement vehicle will be delivered, equal to the reserved vehicle. Also, it is important to know that in the case of self-drive safaris, there is a heightened risk of delay, break-down or accidents with the rental vehicle. The conditions in Africa are not similar to those in Australia and break-down underway or damage in case of use and wear and tear cannot be foreseen before the start of the vehicle rental. Depending on the tour chosen, the cost of basic vehicle insurance or even full comprehensive vehicle insurance might be included in the overall tour price. Please enquire at the time of booking your tour. In any case, insurance is a mandatory requirement for concluding the Rental agreement. It will take place when the handover of the vehicle is made to the traveller at the time of concluding the vehicle rental agreement. Details regarding vehicle insurance will be forwarded in advance to the Traveller, on request. In the event of any damage or total loss of the rental vehicle, the Traveller will be responsible for any insurance excess and associated costs.

Should matters concerning vehicle insurance arise during the tour, then the Travel Organiser can assist thereby; but is not under any circumstances liable in any form for damage caused by accidents, general damages, and delays in the broadest sense of the word.

DRIVER´S LICENSE

Even if you have obtained an international driver’s licence, please take your national driver’s licence with you.

FORCE MAJEURE AND UNFORESEEABLE EVENTS

4x4 Down Under shall not be held liable for any delay, modification, or cancellation of tours due to events beyond its reasonable control (force majeure). These events include, but are not limited to, acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), acts of war or terrorism, civil unrest, government-imposed travel restrictions, strikes, epidemics, pandemics, or any other unforeseen event that renders the performance of the tour impossible or unsafe.

In the event of a force majeure situation occurring before or during the tour, 4x4 Down Under will make every reasonable effort to offer an alternative itinerary or reschedule the tour. However, refunds may only be issued for recoverable costs from third-party suppliers and will not include non-refundable deposits or expenses incurred by the Traveller.

Travellers are strongly advised to obtain comprehensive travel insurance that includes coverage for force majeure events. This insurance should cover costs related to trip disruptions, cancellations, medical emergencies, and any unforeseen expenses.

The Travel Organiser shall not be responsible for any additional costs incurred by the Traveller due to tour disruptions caused by such events, including but not limited to lodging, meals, transportation, or repatriation.

COMPLAINTS

Possible complaints over the execution of the travel agreement should be submitted where possible at the destination, where the reason for the complaint emerged, as well as in writing to the Travel Organiser within 14 days of the end of the Tour.

TRAVEL INSURANCE

It is a condition of your booking that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

At the time of booking it is important to pass on the details of your travel insurance to the Travel Organiser in connection with possible emergencies or incidents that may occur during the tour. This information will then be passed on to the Tour Operator. Always take a copy of your policy on the tour as well as the insurance documents for the vehicle together with emergency number(s).

EMERGENCIES WHILE ON TOUR

Your first point of contact will be our local tour operator who is on location with you and is there to assist and support the Traveller. Hereafter you must contact the emergency desk (contact point) of your own insurance company. Additional points of assistance are The Travel Organiser (4x4 Down Under) in South Africa +27 11 462 4980 or Mobile +27 82 498 4639. Certain of the tours we provide in Southern Africa include “EMERGENCY EVACUATION Insurance”. Please enquire at the time of booking.

PASSPORTS, VISAS, VACCINATIONS AND INOCULATIONS

The responsibility to obtain proper, and valid passports, visas, vaccinations, inoculations, and the like as and where required, is that of the traveller alone. The Travel Organiser shall not be responsible or liable for any consequence of any nature arising from the Traveller failing to ensure that he/she has complied with all such requirements. The Traveller must ensure that their passport is valid for at least six months beyond the end of the travel period. South African residents travelling on a foreign passport must ensure that they have correct documentation from Home Affairs for re-entry to the country. The Travel Organiser accepts no responsibility for incorrect passport or immigration documentation.

GENERAL

To the fullest extent permitted by law we will not be responsible for any cancellation, omissions or modifications to the itinerary or the inclusions due to Force Majeure (e.g., natural disasters, political unrest, pandemics, or other unforeseen circumstances beyond our control) occurring after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications. 4x4 Down Under will make every effort to provide an alternative tour or offer a credit towards a future booking. Refunds will not be provided unless required by law. The Travel Organiser reserves the right to adjust itineraries as necessary to ensure the safety of Travellers. We strongly recommend that Travellers purchase travel insurance that includes cover for Force Majeure events.

CLIENT NAMES – EXACTLY AS PER PASSPORT

For security reasons, airlines and our overseas principles and suppliers require names to be given exactly as stated in your passport. Failure to provide this can result in delays, booking cancellations and various other issues.

CONFIDENTIALITY, DATA PROTECTION AND PRIVACY POLICY

4x4 Down Under is committed to protecting the privacy and confidentiality of our clients’ personal information. Any personal data collected during the booking process, including names, contact details, and payment information, will be handled in accordance with applicable data protection laws and regulations.

We will use the information you provide solely for the purpose of facilitating your booking, managing the tour arrangements, and providing you with information related to your travel. Your data may be shared with third-party suppliers and partners involved in the execution of the tour, such as tour operators, accommodation providers, and insurance companies, but only to the extent necessary to ensure your travel experience.

4x4 Down Under implements appropriate security measures to prevent unauthorised access, disclosure, alteration, or destruction of your personal information. We will retain your data only for as long as is necessary to fulfill the purposes for which it was collected or as required by applicable law.

By accepting these terms, you consent to the collection, use, and sharing of your personal information as described above. For further information about how we handle your data, or to exercise your rights under data protection laws (e.g., accessing, rectifying, or deleting your data), please contact us here.

Your data will not be sold, rented, or used for any purpose other than those stated, without your express consent, unless required by law or in response to a court order

TRAVELER’S CONSENT FOR USE OF MEDIA AND TESTIMONIALS

By participating in a 4x4 self-drive safari with 4x4 Down Under, you agree that any photographs, videos, or testimonials captured during the tour may be used by 4x4 Down Under for promotional and marketing purposes. This includes, but is not limited to, use on our website, social media platforms, brochures, and other advertising materials.

If you do not consent to the use of your likeness or testimonial, you must inform 4x4 Down Under in writing before the commencement of the tour. Your privacy is important to us, and we will respect your wishes regarding the use of personal images and comments.

You acknowledge that there will be no compensation or royalties payable for the use of media or testimonials shared by you or taken during the tour. Any images or testimonials used will be selected in a manner that respects the dignity and privacy of all participants.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland.

DISPUTE RESOLUTION AND LIABILITY SCOPE

In the event of a dispute arising from or related to these terms and conditions or any aspect of the 4x4 self-drive safari, both parties agree to attempt to resolve the matter amicably through negotiation and mutual discussion. If the dispute cannot be resolved through direct negotiation, the parties agree to seek resolution through mediation before resorting to any court proceedings.

Mediation shall be conducted by a neutral third-party mediator mutually agreed upon by both parties, and the costs of mediation will be shared equally. If mediation fails to resolve the dispute, either party may then pursue further legal action through the courts of Queensland, Australia, in accordance with the governing law provision.

LIABILITY AND PARTNER DISPUTES

4x4 Down Under acts as an agent for various third-party suppliers, including but not limited to, tour operators, accommodation providers, and vehicle rental companies. While we make every effort to ensure that our partners maintain high standards, we are not liable for any actions, omissions, negligence, or issues arising directly from these third-party service providers.

Any disputes or claims related to the services provided by third-party partners must be addressed directly with the relevant party, under their respective terms and conditions. 4x4 Down Under will assist in providing contact information and facilitating initial communication but holds no further liability in such cases.

This delineation of liability ensures that both parties understand the scope of 4x4 Down Under’s responsibility and encourages clear communication with the correct entities for resolution.