Booking Terms & Conditions

By making a booking with Wild Eye, You agree that You are aware of the nature and contents of this agreement and that You, the other persons participating in the Tour and Your Associates are bound thereby.

You also agree to be the designated contact person for all other persons participating in the Tour and represent and warrant that You have the capacity and authority to enter into this agreement on Your own behalf and on behalf of the other persons.

Registration is complete once Wild Eye has received an initial, non-refundable, deposit of 50% (or 35% if related to a Tour with an arrival date more than 18 months from booking or as otherwise agreed) of the Tour price along with a completed booking form. Please note that all reservations are binding.

Provisional bookings can be held for 14 days only, pending receipt of a deposit to secure the booking.

You confirm that during the Tour, You will behave in a way that is not disruptive, upsetting, or dangerous to Yourself or anyone else and You will follow the reasonable requests of the Wild Eye Tour leader. Wild Eye will be able to terminate Your participation in the Tour if Your behaviour is believed to be in breach of this obligation and in such circumstances Wild Eye will have no further liability to You.

Payment of Your deposit is due no later than 2 weeks post the completion of a provisional booking form. Failure to pay the deposit within this period could result in cancellation.

The balance of the Tour price is payable 60 days before departure. Should an alternative deposit or payment arrangement be agreed upon, Wild Eye will confirm the details of the payment schedule via email.

In the event that a booking is made within 2 months of departure, the full Tour price is payable within 5 working days from the completion of a provisional booking form.

Should payment not be made within the above mentioned periods, penalty charges may apply and Wild Eye reserves the right to cancel the Tour without incurring any liability to You.

*Please note, Amex and Diners credit cards will attract a 2% surcharge, which will reflect upon invoicing. Visa and Mastercard do not attract an additional charge.

Wild Eye reserves the right to increase the price of a Tour if cost increases arise due to changes in reserve park fees and conservation levies, transportation costs, taxes, customs or other fees, including fluctuations in exchange rates. Wild Eye will notify You of any such change promptly.

Cancellations are only effective upon receipt of written notification.

Cancellation fees will be charged as follows:

• If cancellation occurs more than 60 days before Tour departure, the full deposit value will be non-refundable;
• If cancellation occurs less than 60 days but more than 30 days before Tour departure, the full deposit value will be non-refundable and 30% of the total Tour price shall be charged.
• If cancellation occurs less than 30 days before Tour departure, the full deposit value will be non-refundable and 100% of the total Tour price shall be charged.

Should You fail to join a Tour, join after the start date, or depart prior to its scheduled completion, no refunds will be made, and You are encouraged to claim from Your travel insurance.

If You have booked a Tour, the Tour has been confirmed and Suppliers paid in order to, amongst other things, secure preferential rates, private vehicles and guide requests, You will not be able to cancel Your booking, nor will funds be transferred to another tour offering, unless a replacement for the Tour has been confirmed, and the associated deposit has been received. Whilst Wild Eye will reasonably endeavour to assist with finding a suitable replacement, the responsibility for finding this replacement will ultimately fall on You.

The above policies apply to all services rendered by Wild Eye. However, Suppliers may have different cancellation fees and policies which apply to their services and which may be more onerous depending on their terms and conditions (which You agree to be bound by). This would be dealt with on a case by case basis.

Wild Eye reserves the right to change a Tour’s dates, itinerary, allocated photographic guide or accommodations as conditions warrant. These are often expeditions to remote parts of the world, and Wild Eye reserves the right to change the itinerary or delay the Tour due to weather conditions, lodge availability, political conditions, road conditions, transportation delays, government intervention, sickness and other factors beyond our control, without consulting You.

It is understood that such decisions will be made in Your best interests and considering the safety of all staff. Wild Eye shall not be liable for any refunds or for any damage, loss or expense in the event of a change as aforesaid

Wild Eye reserves the right to cancel a Tour before departure for reasons of logistics or too few participants. Such a decision will be made 60 days prior to departure of the Tour.

In the event of such a cancellation, all payments made relating to the Tour will be refunded and Wild Eye will not be liable for any other damage, loss or expense, including but not limited to expenses incurred by You in preparing for the Tour, non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees or other Tour related expenses.

You will not be entitled to the above mentioned refund in the event that the Tour is cancelled as a result of force majeure or acts of God.

Participation on a Tour requires that You are in generally good health. It is essential that any medical, mental, physical or other condition or disability as well as any dietary restrictions are made known to Wild Eye before departure. The Tour leader has the right to disqualify You at any time during or before the Tour if he/she feels You are physically incapable or if Your continued participation will jeopardise either Yourself or the safety of the group.

There will be no refund given under these circumstances. By completing the booking form, You certify that You do not have any dietary restrictions, mental, physical or other condition or disability (other than those made known to Wild Eye) that would create a hazard for Yourself or other guests.

Wild Eye is not responsible for the accuracy of any medical information supplied by You or which Wild Eye or a Supplier supplies to health care providers on Your behalf. You should consult with a doctor for up-to-date requirements and personal recommendations well before embarking on the Tour

You are responsible to ensure that You have all appropriate travel and medical documents, including, but not limited to, passports, travel permits, parental travel consent forms and vaccination certificates. It is Your responsibility to report on time for all travel arrangements and to ensure that You have all travel tickets and documents. In the event that You fail to do so, Wild Eye is not responsible for any additional costs incurred as a result thereof including, but not limited to, all costs associated with an extended stay or repatriation.

You are responsible for the accuracy of all information concerning the Tour, including dates, spelling of names, dietary requirements, airline and travel reservations and Tour particulars. You are required to read all travel documentation carefully and notify Wild Eye of any errors or omissions in advance of the departure, provided that such notification shall not mean or imply any transfer of responsibility or liability for such errors or omissions to Wild Eye. Wild Eye is not responsible for loss, damage or injury arising from any shortfall, error or omission in the information provided during the booking process or subsequent delivery of the Tour.

Wild Eye is not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage to or loss of baggage and property. You must make all claims for any loss or injury suffered on any airline directly with the airline involved.

All departure times stated on any itinerary or tickets are estimates only. Wild Eye is not liable for any delays or additional costs incurred arising from any part of the Tour not running on schedule.

To take part in the Tour, You must be covered by adequate travel and medical insurance for the duration of your entire travel, including, but not limited to, the duration of the Tour, all Activities and all subsequent tour/s.  The insurance should, at a minimum, cover cancellation to the full value of the Tour and all subsequent tour/s, curtailment, interruption, medical and emergency expenses (including repatriation), personal accident, injury, illness and death.  In addition, You should be insured against loss or damage to baggage, camera equipment, personal possessions, money, flight delays and cancellations for any reason. It is recommended that You consult with an insurance provider to identify any additional coverage available.

In case of a medical problem arising during the Tour, which results in costs for medical treatment, evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to You.  If not covered by travel insurance the responsibility still remains with You and Wild Eye specifically declines any responsibility whatsoever.

Should Wild Eye pay for any of the aforesaid on Your behalf (which Wild Eye may do at its own discretion, without obligation and without admission of liability) You or Your Associates will be directly liable to reimburse Wild Eye.

You will also be liable for any extended periods of stay and/or the additional use of facilities and services, irrespective of the cause of the extension.

“Harm” shall mean and include any injury (bodily or otherwise), illness, death, disability, damage, loss, expense, cost, theft, damage to property, delays, cancellations or any other adverse consequence, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages.

You confirm that You are aware of and appreciate that there is a real risk of suffering Harm as a result of the hazards, dangers and risks which are inherent in or associated with the Destination Area, the Tour and the Activities, including but not limited to:

• the presence of wild, unpredictable and dangerous animals, insects, reptiles and sea creatures and their propensity to behave in ways that may cause Harm;
• the presence of poisonous, toxic or harmful plants and objects that may cause Harm;
• the prevalence of diseases and the risk of suffering Harm as a result thereof;
• the risk of Harm arising from being exposed to rain, wind, cold, heat, sun or other natural elements;
• the risk of Harm arising from travel in remote locations, which usually have poorly maintained infrastructure, or from conveyance in or on any vehicle or other mode of transport (open or closed) on roads and/or over uneven and rough terrain, in the bush or wild, in the air or on water, including, but not limited to: the potential for Harm arising from travelling at speed over uneven and rough terrain, which is often required when viewing great migration river crossings; the potential for vehicle or other transportation accidents; the potential for Harm arising from the incorrect or negligent operation of machinery, equipment, vehicles, aircraft, watercraft and other forms of transportation, and/or from any defects therein; risks associated with traversing obstacles, rivers, streams, lakes, the ocean and other bodies of water that may be affected by weather, tides and other circumstances;
• the risks associated with undeveloped or partially developed countries and jurisdictions, including the unavailability of reliable electricity and communications, and problems associated with limited or unavailable health, safety and security services;
• the risk of Harm arising from natural disasters, uncontrollable or unforeseen events, or adverse weather conditions;
• The potential for other persons to behave in a negligent or reckless manner that may contribute to injury to themselves or others, and the potential for theft or loss of any property;
• the risk of Harm associated with unlawful, hostile or criminal acts by third parties, and with acts of terrorism, war, civil unrest, riot, detention, arrest or other act, including quarantine, of any state, government, authority, organization or body (whether formally constituted, legally recognised or otherwise);

(collectively “Risk/s”)

You acknowledge and voluntarily accept and assume responsibility for all Risks.

You also confirm that You are aware of and appreciate that in addition to the abovementioned Risks, there are additional specific risks of Harm associated with each Activity. It is Your responsibility to become acquainted with these risks before participating in the Activities and You voluntarily accept and assume all responsibility for said risks.

By participating or agreeing to participate in the Tour, You agree and bind Yourself and Your Associates as follows:

• You participate in the Tour and the Activities voluntarily and entirely at Your own risk. You and Your Associates release and discharge Wild Eye from any claims, actions, proceedings, disputes, complaints and controversies (collectively “Claim/s”) which You or Your Associates may have against Wild Eye by reason of any matters or cause whatsoever, including Harm arising from, directly or indirectly, any Risks or otherwise arising from, directly or indirectly, Your participation in the Tour and/or Activities, unless arising as a result of the gross negligence of Wild Eye (collectively “Cause/s”).
• You undertake to indemnify, defend and hold Wild Eye harmless and free from any and all Claims made by any of Your Associates relating, directly or indirectly, to the aforementioned Cause/s.

You are aware that Wild Eye does not own, operate or control any Supplier and that all Suppliers are independent to Wild Eye. You agree that Wild Eye is not liable for any negligence, gross negligence, wilful act, omission, financial failure or any other act or default of a Supplier.

In terms of the Protection of Information Act, 4 of 2013 (POPIA), Wild Eye has a legal duty to process Your and/or vendors shared information in a lawful, legitimate and responsible manner. For more information, please refer to our Privacy Policy Page 

You agree that You shall not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty made by Wild Eye (whether innocent or negligent) in respect of the Tour or any other services. Wild Eye does not make any express or implied warranties, endorsements, or representations whatsoever as to the operation of the Tour or other services provided on the Tour to You including, but not limited to, representations (implied or otherwise) as to the animals which will be seen on the Tour, licenses, certificates, regulatory or governmental authorisations.

You acknowledge that all statements made and/or information given by Wild Eye are provided in good faith and are not to be construed in any way as a waiver of the terms and conditions referred to in this agreement.

You understand and agree that this agreement (read with the contents of other documents issued by Wild Eye in connection with the relevant Tour, and its other standard terms and conditions as published on its website at www.wild-eye.com) constitutes the entire agreement between You and Wild Eye. You also acknowledge that You may be subject to additional terms and conditions when using, purchasing or accessing other services, affiliate services or third-party services during the Tour.

Wild Eye reserves the right to modify, update and vary its terms and conditions from time to time at its sole discretion and without any notice other than publication on its website (www.wild-eye.com). Changes to these terms and conditions become effective on the date they are posted on www.wild-eye.com and You agree to be bound by them. No other variation, novation or cancellation of this agreement shall be binding unless reduced to writing and signed by You and an authorised representative of Wild Eye.

Each provision of this agreement shall be regarded as a separate and severable provision which is separately enforceable. In the event of any one or more of the provisions being found to be invalid or unenforceable, then that or those provisions shall be severed from this document and the remaining provisions shall continue in full force and effect.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter, validity or formation, as well as any non-contractual disputes or claims between Wild Eye, You and/or Your Associates and any other matter in connection with any Tour shall be governed by and construed in accordance with the laws of the Republic of South Africa. You and Your Associates irrevocably agree that the courts of the Republic of South Africa (to whose jurisdiction You and Your Associates hereby irrevocably consent) shall have exclusive jurisdiction.

“Activity/ies” shall mean and include all activities provided or arranged by Wild Eye or a Supplier, including all activities related (whether directly or indirectly) to game drives, quad- or motor-biking, balloon trips, walking safaris, animal interactions, canoeing, rafting, boating, launches, landing, scuba diving, snorkelling, swimming, fishing, skin diving, surfing, kayaking, paddleboarding, kite surfing, cultural visits, nature walks, hiking, spa treatment and bicycling as well as travelling, whether on foot, horseback or by vehicle, watercraft or aircraft, to or from or within Destination Areas, and any associated tourism, entertainment or leisure activities.

“Associates” shall mean and include Your spouse (including any common law wife/husband), life partner, children and dependants (minor or adult), heirs, executors, successors-in-title, estate, beneficiaries, trustees, administrators, assigns and agents.

“Destination Area” shall mean and include all tourism, wildlife, leisure, entertainment and other areas where Wild Eye or Suppliers carry out operations or do business.

“Supplier” shall mean and include any contractor, subcontractor, service provider or other entity with whom Wild Eye makes arrangements to provide goods or services.

“Tour”, “reservation” or “booking” shall mean and include a package of tourism products and services including, without limitation, safaris, accommodation, meals, entertainment, retreats, events, travel, concierge services, recreational and leisure trips and Activities, and further includes incidental, associated or other goods and services provided by Wild Eye or Suppliers, as set out in itinerary and other documents furnished by Wild Eye or Suppliers from time to time.

“Wild Eye” shall mean and include Wild Eye Destinations & Photographic (Pty) Ltd and WE Safaris and Photographic Ltd as well as all of the companies connected with them in a network of direct and indirect shareholdings (whether holding, subsidiary, associated or affiliated) and including, without limitation, all of the companies, organizations, trusts, associations and entities that are directly or indirectly owned, managed and/or controlled by companies in the abovementioned network, and further including all shareholders, directors, members, trustees, employees, agents and representatives of the companies, organizations, trusts, associations and/or entities that form part of the said network.

“You/Your/Yourself” shall mean a collective reference to the person(s) that will participate in the Tour, and shall include each person referred to in a booking or accompanying such person(s) (as an invitee or otherwise).

Words Importing:

• any one gender includes all other genders;
• the singular includes the plural and vice versa; and
• natural persons include created entities (incorporated or non-incorporated) and vice versa.

This agreement shall not be interpreted against the party/ies responsible for drafting it.

The use of the word “including”, “specifically” or “particularly” shall not be construed as limiting the meaning of the words preceding them to the one or more words or examples following them, and the meaning of general words will not be restricted by the use of more specific words.

Where a conflict exists with regard to the provisions of this agreement and any other agreement or document, the provisions of this agreement shall prevail.

Where words, expressions or phrases used in this agreement indicate or imply a document that is physically written (such as a paper document) then such words, phrases and expressions shall be deemed to include words and documents in electronic format.

The termination or expiry of this agreement shall not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.