Legal entity: EMT South Africa (Pty) Ltd trading as Explore More Travel
Company registration number: 1950/037811/07
Physical / registered address: 4 Cavendish Place, Claremont, Cape Town, South Africa
Telephone: +27 21 205 8205
Email: info@exploremoretravel.com
Website Terms page: www.exploremoretravel.com/tour-booking-terms-and-conditions/
IMPORTANT CONSUMER NOTICE
These Terms contain provisions dealing with cancellations, supplier services, mandatory travel insurance, inherent travel risks, force majeure and limitations of liability. Please read them carefully before confirming your booking. Nothing in these Terms excludes any right or remedy that may not lawfully be excluded under the Consumer Protection Act 68 of 2008 or other applicable law.
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1. Application and Acceptance
1.1 These Terms and Conditions (“Terms”) apply to travel services planned, arranged, reserved or facilitated by Explore More Travel (“EMT”). They must be read together with the quotation, Booking Form, Booking Confirmation, itinerary, invoice or payment schedule, and any material Supplier terms specifically disclosed to the Client.
1.2 The version of these Terms published on EMT’s website on the date the Client confirms the booking will apply to that booking. Later updates will apply only to future bookings unless a change is required by law, imposed by a Supplier and lawfully applicable, or agreed in writing.
1.3 Each Traveller aged 18 years or older must personally complete and submit EMT’s required Booking Form and accept these Terms before that Traveller’s participation in the booking is treated as fully confirmed. The Booking Form may be completed and accepted electronically, including by electronic signature or acceptance checkbox where provided. Payment by the Lead Booker or another person does not replace this individual requirement.
1.4 A quotation or itinerary does not itself confirm a booking. EMT may begin arranging, holding or confirming travel services based on the Lead Booker’s written instructions and required payment; however, completion of the required Booking Form remains mandatory for every Traveller in accordance with this clause 1.
1.5 Where one person acts as the Client or Lead Booker for more than one Traveller, that person may coordinate the booking, provide preliminary booking information and make payments on behalf of the group. The Lead Booker may not accept these Terms on behalf of another adult Traveller, and each adult Traveller must complete their own Booking Form.
1.6 For any Traveller under 18 years of age, the Booking Form and acceptance of these Terms must be completed and signed or electronically accepted on that minor Traveller’s behalf by a parent or legal guardian who has the legal authority to act for the child. The parent or legal guardian confirms that the information supplied for the minor is accurate and that they are authorised to make the required travel arrangements and acknowledgements on the minor’s behalf.
1.7 EMT may require reasonable proof of parental responsibility or legal guardianship where necessary. The person completing a Booking Form for a minor is responsible for ensuring that any additional consent, parental authority, immigration or travel documentation required for that minor is obtained in accordance with applicable law and destination requirements.
1.8 If a required Booking Form or acknowledgement has not been received by EMT by the deadline communicated to the Client, EMT may withhold final travel documentation, decline to finalise that Traveller’s participation in affected services, or take other reasonable steps necessary to manage Supplier and safety requirements. Any cancellation or loss resulting from failure to submit the required form will remain subject to these Terms, Supplier conditions and applicable law.
2. Quotations, Availability and Itineraries
2.1 All quotations are subject to availability until confirmed. A quotation may have a validity period and may be re-costed after that period expires.
2.2 Quotations are based on the Client’s instructions, Supplier rates and availability, taxes, levies, fees and applicable exchange rates at the time of quotation.
2.3 EMT will use reasonable care to ensure that its own descriptions, quotations and itineraries are accurate when issued. Supplier descriptions, photographs, ratings and marketing material are provided for guidance and may be changed by the relevant Supplier.
2.4 Only services specifically listed as included in the confirmed itinerary or quotation are included in the Tour Package.
3. Prices, Currency and Price Changes
3.1 The Total Tour Price and currency of payment will be shown on the quotation, Booking Confirmation or invoice.
3.2 Where a booking includes services purchased in another currency, the quotation may be subject to exchange-rate movements if this is stated in the quotation. Any adjustment must reasonably reflect the actual currency exposure affecting the booking.
3.3 Before confirmation, EMT may revise a quotation where Supplier rates, exchange rates, taxes, park or conservation fees, airline taxes or surcharges, fuel charges, compulsory fees or availability change.
3.4 After confirmation, EMT will not arbitrarily increase the price. Additional amounts may, however, become payable where caused by external changes outside EMT’s reasonable control, including statutory taxes or levies, park/conservation fees, airline or fuel surcharges, expressly provisional Supplier charges, or Client-requested changes.
3.5 If an unavoidable post-confirmation increase causes an affected component to increase by more than 10%, EMT will, where reasonably practicable, offer the Client a reasonable option to accept the increase, substitute the affected service, cancel the affected component, or cancel the booking where the increase materially affects the overall Tour Package. Refunds remain subject to applicable law and reasonable, non-recoverable costs.
4. Deposits, Payment and Payment Methods
4.1 Payment deadlines and deposit requirements are those shown on the quotation, Booking Confirmation or invoice. Unless otherwise stated, EMT may require a deposit of up to 100% of the Total Tour Price (dependent on timing of booking confirmation) together with full payment for any service requiring immediate settlement, including certain flights, permits, promotional rates or Supplier deposits.
4.2 Suppliers may require different or stricter deposits, payment deadlines and cancellation terms. EMT will endeavour to disclose material Supplier conditions before the affected service is confirmed.
4.3 A deposit is an advance payment towards the booking and may be used to secure Supplier services, make non-refundable Supplier payments and cover reasonable work already performed by EMT. A deposit is not automatically forfeited in every circumstance; cancellation charges remain subject to clause 6 and applicable law.
4.4 If a Supplier requires payment earlier than originally anticipated, EMT may revise the Client’s payment deadline and will notify the Client as soon as reasonably practicable. Failure to pay by a properly notified deadline may result in services being released or cancelled.
4.5 Payment is regarded as received only once cleared funds have been received by EMT.
4.6 EMT may levy administration fees on bookings where the payment method incurs additional processing or handling costs. Any such fees will be disclosed to the Client, and will be applied only to the extent permitted by applicable law and relevant payment-provider rules.
4.7 Where payment is made from an international or foreign bank account, all originating-bank, international-transfer, SWIFT, intermediary/correspondent-bank and similar remittance charges are for the account of the person making payment. EMT must receive the full invoiced amount in the currency stated on the invoice. Any shortfall caused by bank deductions remains payable by the Client.
4.8 Where the payer’s bank offers a fee option such as OUR, SHA or BEN, the payer should select an option that results in EMT receiving the full invoiced amount, such as OUR where available.
4.9 Clients must independently verify any communication purporting to change EMT’s banking details using EMT contact details already known to them before making payment.
4.10 Where a payment is reversed, recalled, disputed, charged back or otherwise not finally received by EMT after EMT has confirmed, arranged or paid for services, the Client remains liable for all amounts properly due in respect of the booking, including Supplier charges, non-refundable commitments, cancellation charges and reasonable costs incurred by EMT. EMT may withhold travel documents, future services, refunds or credits while a payment dispute remains unresolved.
5. Client-Requested Changes
5.1 Requests to change a confirmed booking must be made as soon as reasonably possible. EMT will use reasonable efforts to accommodate changes but cannot guarantee that Suppliers will permit them.
5.2 The Client is responsible for reasonable costs arising from requested changes, including Supplier amendment or cancellation charges, fare/rate differences and any disclosed EMT administration fee.
5.3 A change of travel date, destination, Traveller name or other material component may be treated by a Supplier as a cancellation and new booking.
6. Cancellation by the Client
IMPORTANT CANCELLATION NOTICE
Cancellation may result in the loss of part or all amounts paid. EMT may charge a reasonable cancellation charge, taking into account Supplier charges, non-refundable commitments, notice given, work already performed and the requirements of applicable consumer law.
6.1 The Client may cancel a booking by written notice to EMT. The effective cancellation date is the date EMT receives the written notice.
6.2 Cancellation charges will be reasonable in the circumstances and may include non-refundable Supplier charges, amounts already committed, reasonable EMT costs and the value of services already performed.
| FIT cancellation period | Standard maximum cancellation charge |
| More than 45 days before Tour Start Date | Up to the deposit and other reasonable non-recoverable costs |
| 31–45 days before Tour Start Date | Up to 25% of Total Tour Price |
| 30 days or less before Tour Start Date | Up to 100% of Total Tour Price |
| No-show / after travel commences | Up to 100% of Total Tour Price |
| Group cancellation period | Standard maximum cancellation charge |
| From confirmation until 91 days before arrival | Up to 25% of Total Tour Price |
| 90 days or less before arrival | Up to 100% of Total Tour Price |
| No-show / after travel commences | Up to 100% of Total Tour Price |
6.3 The above scales are EMT’s standard maximums and remain subject to reasonableness and applicable law. Supplier-specific terms may be stricter, particularly for air tickets, charter flights, villas, safari lodges, exclusive-use properties, special events, golf, permits, rail/cruise services, promotional rates and peak-season bookings, where properly disclosed.
6.4 Any mandatory rights available under section 17 of the Consumer Protection Act, including rights applicable where a booking cannot be honoured because of death or hospitalisation, remain unaffected.
6.5 Where a refund is due, EMT will calculate the amount after lawful cancellation charges and reasonable non-recoverable costs. Supplier refund processing times may affect timing. Foreign-exchange differences and non-refundable banking costs may affect the amount recovered where permitted by law.
6.6 No refund is ordinarily due for services that were available but voluntarily unused after travel commenced, unless required by law or agreed by the relevant Supplier.
7. Changes or Cancellation by EMT or a Supplier
7.1 Independent Suppliers may change schedules, routes, aircraft, accommodation, room types, vehicles, activities, operating hours, tee times or other services.
7.2 For minor changes that do not materially alter the booking, EMT may implement the change and will notify the Client where reasonably necessary.
7.3 Where a material confirmed service becomes unavailable, EMT will use reasonable efforts to offer a comparable alternative, adjust the itinerary, obtain a Supplier credit/refund, or offer cancellation of the affected component where appropriate.
7.4 If EMT itself cancels a booking for reasons within its reasonable control and no acceptable alternative is provided, the Client will be entitled to the remedies required by applicable law.
7.5 Where an independent Supplier cancels or materially changes a service for reasons outside EMT’s control, EMT will use reasonable efforts to obtain available remedies from the Supplier and assist with reasonable alternatives.
8. Force Majeure and Extraordinary Events
IMPORTANT FORCE MAJEURE NOTICE
Events outside EMT’s or a Supplier’s reasonable control may result in delays, itinerary changes, additional costs, postponement or cancellation. Travel insurance is therefore essential.
8.1 A Force Majeure Event means an event beyond the reasonable control of EMT or the relevant Supplier which prevents, materially restricts, delays or substantially affects travel services. Examples include natural disasters, severe weather, fire, flood, epidemic or pandemic, public-health emergencies, border closures, quarantine, government restrictions, war, terrorism, civil unrest, strikes, airport/port/road/airspace closures, widespread transport disruption, infrastructure failure, fuel shortages, acts of public authorities and similar extraordinary events.
8.2 Where a Force Majeure Event affects a booking, EMT will use reasonable efforts to assist with alternative arrangements, itinerary changes, postponements, Supplier credits, Supplier refunds or cancellation of affected services.
8.3 EMT will not be liable for failure, delay or inability to perform to the extent caused by a Force Majeure Event, except where liability cannot lawfully be excluded.
8.4 A Force Majeure Event does not automatically entitle either party to a full refund. Any refund, credit, rebooking arrangement or additional amount will depend on applicable law, Supplier terms, amounts recoverable, services already provided and reasonable costs already incurred or committed.
8.5 Additional expenses caused by disruption, such as extra accommodation, meals, transport, replacement flights, medical costs or visa expenses, remain for the Client’s account unless another party is legally responsible for them. Travellers should claim eligible costs from their travel insurer.
8.6 Nothing in this clause excludes EMT’s liability for gross negligence, fraud, wilful misconduct or any liability that cannot lawfully be excluded.
9. EMT’s Role and Independent Suppliers
IMPORTANT SUPPLIER NOTICE
Many services in an itinerary are supplied by independent third parties. EMT plans, arranges and coordinates those services but does not own or operate most Suppliers.
9.1 Suppliers may include airlines, charter operators, hotels, lodges, villas, safari operators, transport companies, vehicle rental companies, guides, golf courses, activity operators, restaurants, ground handlers, cruise/rail operators and other tourism providers.
9.2 EMT will use reasonable care when selecting and dealing with Suppliers.
9.3 To the extent permitted by law, EMT is not responsible for an independent Supplier’s act, omission, negligence, insolvency, operational decision or service failure where the matter was genuinely outside EMT’s reasonable control and was not caused or contributed to by EMT’s own breach, negligence, gross negligence or unlawful conduct.
9.4 Suppliers may have their own terms, conditions, safety rules, cancellation conditions and operating requirements. Where a material Supplier term affects payment, cancellation, refunds, baggage, health, safety or participation, EMT will endeavour to disclose it or make it available before confirmation.
10. Passports, Visas, Health and Special Requirements
10.1 Each Traveller is responsible for holding a valid passport, sufficient validity and blank pages where required, visas, transit visas, permits, parental/minor documentation, vaccinations, health certificates and any other documentation required by the relevant destination, transit country, airline or authority.
10.2 Requirements vary by nationality, passport, destination, transit route and individual circumstances. Any guidance provided by EMT is general assistance and is not immigration, legal or medical advice. Travellers should verify current requirements with the relevant embassy/consulate, government authority, airline and healthcare professional.
10.3 Names provided to EMT must match the Traveller’s travel documents exactly. Costs arising from inaccurate information supplied by the Client are for the Client’s account.
10.4 Travellers are responsible for determining whether they are medically fit to undertake their intended travel and activities and for seeking appropriate professional advice regarding vaccinations, malaria prophylaxis, medication, pregnancy, mobility, altitude and other destination-specific health matters.
10.5 The Client should disclose dietary, medical, mobility or accessibility requirements reasonably necessary for EMT to arrange appropriate services. EMT will use reasonable efforts to communicate requests to Suppliers, but special requests are not guaranteed unless expressly confirmed.
11. Mandatory Travel Insurance
IMPORTANT: TRAVEL INSURANCE IS MANDATORY
Each Traveller must have their own adequate and comprehensive travel insurance. EMT’s business/public liability insurance is not personal travel insurance for the Client or Traveller.
11.1 Each Traveller must obtain and maintain adequate and comprehensive travel insurance appropriate to the full duration, value, destination and activities of the trip. Insurance should be obtained as soon as reasonably possible after booking so that applicable cancellation cover can commence.
11.2 Where reasonably available and appropriate, cover should include cancellation, curtailment, trip interruption, medical treatment, hospitalisation, emergency evacuation, repatriation, death/disability, baggage and personal belongings, delays, missed connections, natural disasters, relevant adventure/safari activities and Supplier failure or insolvency where available.
11.3 Travellers must ensure their policy is suitable for their age, destinations, pre-existing medical conditions, activities and the full value of non-refundable arrangements. EMT does not determine whether a particular policy is adequate and does not provide regulated insurance advice unless expressly authorised to do so.
11.4 EMT may request proof of travel insurance before departure, particularly for safari, remote-area, adventure, charter/light-aircraft or high-value travel. EMT may decline to arrange particular high-risk services where adequate insurance cannot reasonably be demonstrated.
11.5 If a Traveller travels without adequate insurance, the Traveller accepts responsibility for uninsured or inadequately insured loss, cost or expense arising from risks for which travel insurance would ordinarily have provided cover, to the extent permitted by law. Failure to insure does not transfer those personal risks or costs to EMT.
11.6 Any public liability, professional indemnity or other business insurance maintained by EMT protects EMT in respect of its own insured business liabilities. It does not make the Client or Traveller an insured person and is not a substitute for the Traveller’s own travel insurance.
11.7 Nothing in this clause excludes liability that EMT is legally required to bear.
12. Safari, Wildlife, Adventure and Other Inherent Risks
IMPORTANT RISK NOTICE
Travel, especially safari, wildlife, remote-area and adventure travel, may involve inherent risks that can result in injury, illness, property loss, disability or death.
12.1 Risks may include wildlife encounters, remote wilderness environments, delayed access to medical care, malaria or other disease, adverse weather, road travel, boats, helicopters/light aircraft, game-drive vehicles, hiking, cycling, horse riding, golf/sporting activities, water/adventure activities, altitude, heat, uneven terrain, insects, reptiles and other destination-specific risks.
12.2 Each Traveller voluntarily accepts the ordinary and inherent risks associated with the destinations, transport and activities they choose to undertake, provided those risks were reasonably apparent or appropriately disclosed.
12.3 Travellers must follow reasonable safety instructions, disclose relevant health or mobility limitations, use required protective equipment and comply with instructions from guides, rangers, pilots, drivers, activity operators and other Suppliers.
12.4 A Supplier may require a separate indemnity, waiver, medical declaration or risk acknowledgement. Refusal to accept reasonable and lawful participation conditions may result in the Traveller being unable to participate.
12.5 Acceptance of inherent risk does not waive EMT’s liability for gross negligence, fraud, wilful misconduct or any other liability that cannot lawfully be excluded.
13. Liability and Limitation of Liability
IMPORTANT LIABILITY NOTICE
This clause limits EMT’s liability to the maximum extent permitted by South African law. It does not remove mandatory rights under the Consumer Protection Act.
13.1 EMT is responsible for performing the travel planning, arranging and administration services that it itself undertakes to provide with reasonable care and skill.
13.2 To the fullest extent permitted by law, EMT will not be liable for loss arising solely from an independent Supplier outside EMT’s reasonable control, a Force Majeure Event, a Traveller’s own acts or omissions, inaccurate information supplied by the Client, failure to obtain required travel documentation or insurance, a properly disclosed inherent travel risk, or events EMT could not reasonably prevent or avoid.
13.3 Where EMT is legally liable and a contractual limitation is permitted, EMT’s aggregate liability arising from a booking will be limited to the Total Tour Price actually paid to EMT for that booking.
13.4 The limitation above does not apply to EMT’s gross negligence, fraud, fraudulent misrepresentation, wilful misconduct or any liability that applicable law prohibits EMT from excluding or limiting.
13.5 To the extent permitted by law, EMT will not be liable for indirect, special or consequential loss that was not reasonably foreseeable when the agreement was concluded.
14. Flights, Transport and Baggage
14.1 Airline tickets and transport services are subject to the relevant carrier’s conditions, fare rules, baggage rules, schedule changes and applicable aviation or transport regulations.
14.2 Many fares are non-refundable or carry substantial amendment/cancellation penalties. These Supplier conditions apply where properly disclosed.
14.3 Flight schedules may change after booking. Travellers should monitor communications and reconfirm details before departure.
14.4 Baggage restrictions can differ materially between international airlines, domestic airlines, charter/light aircraft and transfer services. Travellers must comply with the applicable restrictions.
15. Traveller Conduct
15.1 Travellers must behave reasonably, comply with applicable law and safety instructions, and must not endanger others, materially disrupt other guests, damage property, behave abusively or engage in unlawful conduct.
15.2 Where a Traveller’s conduct creates a serious safety or operational risk, EMT or the relevant Supplier may refuse continued participation where lawful and reasonably necessary. Additional costs caused by serious misconduct may be for the Client’s account to the extent permitted by law.
16. Complaints
16.1 If a problem arises during travel, the Client should notify the relevant Supplier/guide and EMT as soon as reasonably possible so that there is an opportunity to investigate and, where possible, correct the issue.
16.2 Any unresolved complaint should preferably be submitted to EMT in writing within 30 days after completion of the Tour Package, with the booking reference and reasonable supporting details.
16.3 Failure to raise an issue promptly may prejudice EMT’s ability to investigate or remedy it. Any liability may be reduced only to the extent EMT was actually prejudiced. Failure to follow this procedure does not automatically extinguish a statutory right.
17. Personal Information, Privacy and PAIA
17.1 EMT processes personal information in accordance with applicable privacy legislation, including the Protection of Personal Information Act 4 of 2013 (“POPIA”). Where applicable, EMT also respects mandatory rights arising under relevant international data-protection laws.
17.2 Personal information may be processed where reasonably necessary to respond to enquiries, conclude and perform the booking, make reservations, issue travel documentation, arrange special requirements, process payments, communicate with Suppliers, provide emergency assistance, keep lawful business records and comply with legal obligations.
17.3 International travel may require relevant personal information to be shared with airlines, accommodation providers, ground handlers, transport/activity providers, golf courses, safari operators, payment providers, visa/immigration services, government authorities and other Suppliers, including recipients outside South Africa, where permitted by law.
17.4 A Lead Booker may provide preliminary personal information about another Traveller where reasonably necessary to obtain quotations, availability or make arrangements. Each adult Traveller must subsequently provide or confirm their own required information through EMT’s Booking Form. Information relating to a Traveller under 18 must be provided or confirmed by a parent or legal guardian authorised to act on the minor’s behalf.
17.5 Full information about what EMT collects, how information is used, lawful bases, retention, security, international transfers, direct marketing and data-subject rights is contained in the Explore More Travel Privacy Policy: https://www.exploremoretravel.com/privacy-policy/
18. Website and Electronic Communications
18.1 EMT may issue quotations, booking confirmations, invoices, itineraries, notices and other booking documents electronically.
18.2 Electronic signatures, online Booking Forms and acceptance checkboxes may constitute valid completion and acceptance of the required Booking Form where permitted by law. For adult Travellers, the individual Traveller must complete or electronically accept their own form; for a Traveller under 18, the form must be completed by an authorised parent or legal guardian.
18.3 The Client must keep their contact information up to date. A communication sent to the nominated email address will be treated as received in the ordinary course unless EMT receives evidence that it was not delivered.
18.4 The current public version of these Terms is available at: Explore More Travel Tour Booking Terms & Conditions
19. Breach and Non-Payment
19.1 If the Client fails to make a payment when due, EMT may give written notice requiring the breach to be remedied within a reasonable period, taking into account any immediate Supplier deadline.
19.2 If the breach is not remedied and services cannot reasonably continue to be held, EMT may cancel affected services. Amounts retained will be limited to lawful cancellation charges, Supplier commitments, reasonable costs and amounts properly owing for services already performed.
19.3 Where EMT materially breaches the agreement, the Client retains the remedies available under these Terms and applicable law.
20. Disputes, Governing Law and General
20.1 The parties should first attempt in good faith to resolve disputes directly. Nothing in these Terms prevents an eligible consumer from using any statutory dispute-resolution or consumer remedy available under South African law.
20.2 The parties may agree in writing to mediation or arbitration. No provision requires a consumer to surrender a mandatory statutory right of redress.
20.3 These Terms and bookings made with EMT are governed by the laws of the Republic of South Africa to the extent legally permissible.
20.4 If any provision is unlawful, invalid or unenforceable, it will be modified or severed only to the extent necessary and the remainder will continue to apply.
20.5 A failure or delay by either party to enforce a right does not automatically amount to a waiver.
20.6 Any variation to a confirmed booking or these Terms should be recorded in writing.
20.7 These Terms, together with the documents referred to in clause 1, constitute the agreement relating to the booking, subject always to any rights and representations that applicable law does not permit EMT to exclude.
21. Key Definitions
Client / Lead Booker: the person or entity coordinating the booking with EMT and, where applicable, responsible for payment. A Lead Booker does not replace the requirement for each adult Traveller to complete their own Booking Form and accept these Terms.
Booking Confirmation: written confirmation issued by EMT confirming the booking or specified components.
FIT Booking: an individual traveller booking not expressly treated as a Group Booking.
Group Booking: a booking expressly identified by EMT as a group booking and subject to group rates, allocations or Supplier group terms.
Supplier: an independent third-party service provider whose services form part of a booking.
Total Tour Price: the total amount payable to EMT for the confirmed services, as lawfully amended from time to time.
Tour Package: the travel services planned, arranged or facilitated by EMT for the Client.
Tour Start Date: the first date on which a confirmed service forming part of the Tour Package is scheduled to commence.
Traveller: any person for whom travel arrangements are requested or confirmed. Each adult Traveller must complete EMT’s required Booking Form and accept these Terms personally; for a Traveller under 18, an authorised parent or legal guardian must do so on the minor’s behalf.