The Terms and Conditions form part of your Contract with Ayanda Africa so please read them carefully before you book.

Defined terms, with capital first letters, have the meaning assigned to them in the Defined Terms appendix which is an integral part of the Terms and Conditions.

The Terms and Conditions apply unless otherwise specified in the Quotation or Revised Quotation.

Enquiries and Quotations

1.1 Upon receiving an enquiry from you in respect of a proposed travel programme for a Client, we will put together a suggested travel programme and send you a Quotation based on rates we have agreed with relevant Suppliers and including our fee.

1.2 Should there be any changes to the suggested travel programme on which the Quotation is based (including without limitation: the dates of travel, the itinerary and significant elements included in the services to be provided, the rates for such services and their period of validity, applicable national or local taxes, tourist levies or other charges, accommodation rates, fuel prices and international and domestic air fares), we will inform you and, unless you inform us that the Client no longer wishes to proceed, send you a Revised Quotation.

1.3 Similarly, should you request changes to the suggested travel programme, we will, if it is possible to accommodate the request, send you a Revised Quotation.

1.4 It is your responsibility to inform us before a Quotation or Revised Quotation is prepared of: a. any special requests of the Client such as (but not limited to) accommodation specification, celebrating a special occasion, diet, photography or riding safaris, private vehicles, private flight charters etc. We will endeavour to accommodate such requests and include them in the Quotation or Revised Quotation but cannot guarantee that this will always be possible; b. all relevant details of the Client’s medical conditions and disabilities which may affect their ability to undertake or enjoy the travel programme. In the event that (i) any special request under (a) cannot be accommodated or (ii) medical conditions and disabilities under (b) make it inadvisable for the Client to undertake the proposed travel programme, we will so inform you and not prepare and send you a Quotation or Revised Quotation.

1.5 Unless otherwise stipulated, the Quotation or Revised Quotation will remain valid for a period of 14 days from its date.

1.6 Unless otherwise stipulated, Accommodation will be held on a provisional basis for a maximum of 14 days from the date of the Quotation or Revised Quotation after which it will automatically be released.

Making a booking and entering into the Contract

2.1 Before making a booking and entering into the Contract, please take the time to review and check the Contract Documentation and to raise any query with us. By completing the Booking Procedure, you confirm that you have done so and, if you have raised a query, that you have received and understood our reply.

2.2 Information and advice given by us before the entry into effect of the Contract does not, unless expressly included in the Contract, form part of the Contract or constitute a representation upon which you rely in entering into the Contract.

2.3 The Contract is exclusively between you and us. We have no contractual relationship with the Client. When applicable, you are the organiser for the purposes of the Regulations and any and all similar laws and legislation however called in your and other jurisdictions which regulate your relationship with the Client.

2.4 The Contract comes into existence between us only when the Booking Procedure has been completed and all due Payments have been received and cleared by our bank.

2.5 When the Deposit has been paid in accordance with the Booking Procedure, you agree to pay to us the Outstanding Balance so that all due Payments have been received and cleared by our bank not later than 12 weeks before the Start of the Travel Programme failing which we reserve the right to treat the Contract as terminated by you under clause 6.3.

Documentation, travel arrangements and travel insurance

3. You agree to include in your contract with the Client obligations on the Client: (a) to check the Itinerary, tickets and all other information we send to you related to the suggested travel programme and to notify us immediately if any details or information appear to be incorrect. You agree that you will be responsible for the cost of rectification except where the error is directly attributable to us; (b) to apply for, and check the accuracy of, all required travel and medical documentation and to be at the place of departure in good time to check in and complete formal requirements related to their travel; (d) to take out, and to comply with all terms and conditions relating to, appropriate travel and medical insurance against all costs, losses, damage and inconvenience suffered by the Client caused by or arising from: (i) the cancellation of the Travel Programme by the Client, (ii) the cancellation or curtailment of the Travel Programme, the cancellation or rescheduling of flights and any other disruption of the Travel Programme as a result of Force Majeure, and (iii) illness, medical treatment, hospitalisation and repatriation.

4. We are not liable to you in any way for costs, expenses, damage, loss of enjoyment or inconvenience of whatever nature resulting from any failure by you or the Client to comply with the obligations in clause 3.

Changes to the travel programme by us or any Supplier

5. You agree that, once the Contract is in effect:

5.1 we may change the Travel Programme at any time provided that the change or changes is or are not Significant and that we notify you of them;

5.2 in the event that before the Start of the Travel Programme, any Supplier: (a) is constrained by circumstances beyond their control to make Significant changes to any of the main elements of the Travel Programme, and/or (b) cannot fulfil any special Client requirements which have been included in the Travel Programme, and/or (c) notifies us of a Significant change or proposed change to the cost of one or more elements of the Travel Programme, we will, upon receiving notification from the Supplier, notify you of (i) the circumstances and, as appropriate, the impact on the Itinerary Price and (ii) any substitute travel programme (or part programme) which we are in a position to suggest and which, if possible, is of at least equivalent quality and the price of such substitute travel programme or part.

5.3 In the event that you receive notification from us under clause 5.2 you may, having consulted with the Client, inform us that you either (a) accept any substitute travel programme (or part programme) or (b) terminate the Contract. In both cases, subject to your first complying with any and all applicable Supplier terms and conditions, we will refund to you (after deduction of the Service Fee and of all reasonable administrative costs and bank charges related to such refund) such amounts (if any) which are refunded to us by any Supplier involved in the Travel Programme and remaining sums (if any) held by us on your account.

5.4 We shall not be obliged, for the purposes of fulfilling our obligation under clause 5.3, to do more than request a refund from relevant Suppliers and, in no circumstances, shall we be obliged to engage in negotiations with such Suppliers or to contemplate, threaten or commence and legal proceedings, including court, arbitration and mediation proceedings of any kind in any jurisdiction.

Changes to the Travel Programme and termination of the Contract by you

6.1 If you request a change to the Travel Programme after the Deposit has been paid but more than 12 weeks before the Start of the Travel Programme and subject to payment by you of the Service Fee, we will use our best endeavours, but cannot guarantee that it will be possible, to make the change requested. If it is not possible to make the change requested and you do not then wish to proceed with the Travel Programme, we will treat the Contract as terminated by you under clause 6.3.

6.2 It is usually not possible to make changes to the Travel Programme within 12 weeks of the Start of the Travel Programme and if, having made such a request and having been informed that it is not possible, you do not then wish to proceed, we will treat the Contract as terminated by you under clause 6.3.

6.3 Before the Start of the Travel Programme, you may give us notice to terminate the Contract on payment of the Termination Fee. In the event of such termination, Payments already made by you are not refundable.

Amendments

7.1 After the Contract enters into effect, amendments to the Terms and Conditions become effective and binding upon the earlier of (a) notification to you and (b) when such amended Terms and Conditions are attached to the invoice sent to you requesting payment of the Outstanding Balance under clause 2.5, payment by you of the Outstanding Balance.

7.2 To be valid and form a part of this Contract, any other amendment must be in writing and expressly agreed by both us and you and record the date from which the amendment is to be effective.

Formal Communications

8.1 All Formal Communications under the Contract must be by email unless otherwise agreed.

8.2 In the case of email, the address for Ayanda Africa is the address of the person with whom you are dealing being an address @ayandaafrica.com with copy to team@ayandaafrica.com and for you the email address which you provide to us for email correspondence.

8.3 If otherwise agreed under clause 8.1, a Formal Communication must be in writing and sent in the manner (registered mail, etc) and to the address for each of us as also agreed. Limitation of liability and indemnity

9.1 You agree that we have no liability whatsoever to you, the Client or any other third person for damages, compensation, costs and expenses of whatsoever nature in the event that: (a) in the event that you fail to provide us on a timely basis with any relevant information before or after the Contract comes into effect or are otherwise in breach of any of your obligations under the Contract; (b) we are prevented from performing our obligations under the Contract by reason of Force Majeure; (c) a Supplier does not provide a service or services in accordance with the Travel Programme and has excluded or restricted liability under its terms and conditions.

9.2 Supplier terms and conditions excluding or restricting a Supplier’s liability form part of the Contract.

9.3 Carriage by air and sea is subject to the terms and conditions of the carriers with whom the Client is travelling and to international conventions. We accept no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to us, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. We accept no liability for death, injury or illness that derives from carriage by air or sea. Where applicable, in so far as international conventions limit the extent of any compensation or the circumstances under which it is to be paid by a Supplier, the same limitations and circumstances apply to us.

9.4 In all other cases, any compensation or damages payable by us, excluding for personal injury and damage caused intentionally or by negligence and any liability which by law cannot be limited, is limited to a maximum of the Itinerary Price or proportion of it for the person or persons affected.

9.5 You further agree to indemnify us against all claims and liability arising from your failure to perform your obligations or any of them under the Contract or your negligence or the deliberate acts, omissions or negligence of the Client when undertaking the Travel Programme.

Governing law and jurisdiction

10. The Contract and any matters arising from it shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to hear any and all proceedings between us either relating to the Contract or arising out of it unless we agree in writing in accordance with clause 7 an alternative forum for dispute resolution including all necessary terms for the appointment of a relevant person or persons to adjudicate, the mandate of such person or persons and the applicable procedure.

December 2025