Service Terms and Conditions

1. Reservations and Availability
1.1 This agreement is made subject to the availability of a vehicle of the type and
specifications (capacity mentioned herein), on the date required, at the time of
acceptancehereof.Itis,therefore,inthe interest oftheClient,to confirm acceptance with
the least possible delay.
1.2 None withstanding point 1.1, Bhoma Exclusive Tours reserves the right to change the
vehicle size(s) of a booking, based on operational capacity.The change in vehicle(s) will
not affect the cost of the booking.
1.3 Bhoma Exclusive Toursreservesthe right to sub-contract, in case of an emergency or by its
choice, and when this right is exercised, the substitute vehicle will, as far as circumstances
permit, compare equally with Bhoma Exclusive Tours’ own vehicle in comfort and
reliability.
• If Bhoma Exclusive Tours does not acquire such a vehicle, it remainsthe Client’s right
to obtain a vehicle, which conforms to its own standard, but for the Client's own cost.
In this event, the Client is entitled to a refund of any monies paid to Bhoma Exclusive
Tours from the point where the sub-hired vehicle takes over the trip.
• In the event of Bhoma Exclusive Tours sub-contracting a vehicle, it is agreed
between the parties that the owner and driver of the substituted vehicle shall act
independently as an independent contractor, not subject to the control of Bhoma
Exclusive Tours.
• Itshall be deemed that the Client and the owner of the substituted vehicle will enter a
contract of hire and carriage amongst themselves, and that Client indemnifies

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Bhoma Exclusive Tours against any claim for damage or otherwise, whatsoever,
resulting from the driving of the substituted vehicle specifically, but not limited
to the reckless and/or negligent driving thereof.
1.4 Quotations are alwaysin SouthAfricanRand and are valid for up to 30 days, unless
otherwise specified.
1.5 Prices based on the services of outside contractors may vary. Any increase in charges
will be passed on to the Client at the sole discretion of Bhoma Exclusive Tours.
1.6 A booking will only be confirmed by Bhoma Exclusive Tours upon the receipt of an
official email instruction. Once a booking had been confirmed, the Client will receive
a booking confirmation/proforma invoice.
1.7 Acceptance of a quotation will be regarded as an acceptance of Bhoma Exclusive
Tours’ Conditions of Hire and Carriage, having been read and understood.
1.8 No booking is confirmed until the Client received written confirmation from Bhoma
Exclusive Tours.
1.9 Verbal quotes are an estimation, to be used as a guideline only. Bhoma Exclusive Tours
will not be bound by any verbal quotation provided.
2. CANCELLATION POLICY
2.1 This agreement cannot be cancelled, except by agreement between Bhoma Exclusive
Tours and the Client. The Client accepts that these cancellation terms are reasonable
and fair. Bhoma Exclusive Tours shall be at liberty in its discretion, to charge the
hiring charge of a cancellation fee or any percentage thereof at:
• 10% of tariff = 30 days before commencement ofservice
• 25% of tariff = 14 - 29 days before commencement of services
• 50% of tariff = 2 - 13 days before commencement ofservices
• 100% of tariff = a day before or on the day when service commences

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2.2 Scheduled day tours must be cancelled at least 48 hours prior to departure to avoid
cancellation fees. If Bhoma Exclusive Tours has already paid third party suppliers, this
amount will not be refunded.

3. COMPLIANCE WITH LAW AND INSTRUCTIONS GIVEN BY THE DRIVER/GUIDE
3.1 MOTOR CARRIER TRANSPORTATION ACT, TOURISM ACT AND LABOUR
ACT:
The Client undertakes to observe any regulations of the Motor Carrier Transportation
Act, Tourism Act and Labour Act (Wage Determination Act 452) of the Republic of
South Africa, as amended from time to time, or of similar and appropriate laws of any
other country or countriesin which the vehicle may travel during the period of hire.
3.2 LABOUR ACT (WAGE DETERMINATION 452): TheClient undertakesto ensure that
the passengers will obey any lawful instruction issued by the driver/guide of the vehicle,
particularly where it relates to the safety of passengers and the vehicle/s concerned.
The Client further undertakes to ensure that the driver/guide, approved by Bhoma
Exclusive, shall always drive the vehicle and that no passengershall drive or attempt to
drive the vehicles, obstruct or impair the driver/guide of any authorized person in the
course of his/her duty.

4. DRIVERS MEALS AND ACCOMMODATION
4.1 The Client must supply the driver with three meals a day on any overland service,
when the driver does not return to his/her home at the end of the day.
4.2 For local services, when the driver sleeps at home, he/she is entitled to meals on the
following basis:
• Transfers, half days or regular full days – no meals.
• Full day plus dinner – either dinner with a group, or a dinner allowance
specified by Bhoma Exclusive Tours.

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• Stand-alone dinners – either dinner with group, or a dinner allowance specified
byBhoma Exclusive Tours.
4.3 Driversmust have a separate roomwith suite facilities on overland trips, when the driver
does not return home at the end of a day.
5. VEHICLE RULES AND REGULATIONS
A Vehicle driver shall always be responsible for adherence to the following rules and
regulations, and theClientshall ensure thatthe rules and regulations are strictly adhered to.These
rules and regulations are specified for every passenger traveling on a Vehicle, to ensure their
safety and comfort:
5.1 Smoking is strictly prohibited on all vehicles.
5.2 The drinking of red wine, and the drinking or eating of any dairy products, are not
permitted on all vehicles.
5.3 The client will not permit the carrying of more passengers than the authorized number of
seats in the vehicle and will not allow any passengers to sit anywhere in- or on the
vehicle, except in the passengerseats provided.
5.4 Passengers are required by South African law to wearthe safety belts. They must always
remain seated when the vehicle isin motion.
5.5 No unauthorized passengers are allowed on the vehicle during the tour.
5.6 Air vents and air conditioners are to be operated according to specifications.
5.7 Sun blinds are to be released gently where fitted.
5.8 No heavy and/or sharp objects are to be stored in the overhead parcel racks.
5.9 No feet are allowed to be placed on the seats and dashboard.
5.10 No objects are allowed to be placed against the outside of the Vehicle.

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5.11 Passengers are not to leave any personal belongingsin the Vehicle.
5.12 Drivers and guides are to use cell phonesfor emergencies only.
5.13 Passengers may not board or disembark a vehicle whilst it is moving. Movement
whilst the vehicle isin motion must be limited to emergencies.
5.14 No vehicle is authorized to travel on gravel or dirtroads, unless proper prior authorization
has been given by Bhoma Exclusive Tours’ management. However, even if a driver has
authorization from the office to travel on a dirt road, he
/ She has a mandate not to do so, should they feel the safety of the vehicle and / or
passengers to be in jeopardy.
5.15 No extra services will be operated, other than those specified in the official Itinerary, or
unless Bhoma Exclusive Tours management has given proper prior authorization in
writing to the driver.
5.16 The Vehicle shall be always kept clean. Passengers will be held responsible for the
cleanliness of the Vehicle.
5.17 Passengers must be aware of where emergency exits, and fire extinguishers are located.
6. COMMISSION, TIPS AND SALE OF SOFT DRINKS
Bhoma Exclusive Tours dissociates itself from the involvement in payment of any
commission and/or tipsto Vehicle drivers and guides and assumes no responsibility in thisregard
in any manner whatsoever. The sale of soft drinks or water, whilst on tour, is left to the sole
discretion of the Vehicle drivers or guide.
7. DAMAGE CAUSED TO VEHICLES
The Client will be responsible for any loss or damage caused to the vehicle, its fittings or
its equipment, if caused by the negligence of any passenger. Bhoma Exclusive Tours does
not allow any sign writing on our vehicles.

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8. PASSENGER LUGGAGE AND PERSONAL EFFECTS
8.1 Baggage and personal belongings are carried entirely atthe owner’srisk. Bhoma Exclusive
Tours shall not be liable for any loss of- or damage to luggage or personal belongings,
in any manner, whatsoever. Passengers must take out travel insurance for the purpose of
recovering such losses.
8.2 Bhoma Exclusive Tours shall also not be liable for any loss or damage related to the
passengers arising from the delay, sickness, injury, and/or death of any passenger
(including the costsinvolved for missing flights).
8.3 Under no circumstances may passengers carry with them on the Vehicle or trailer
attached thereto, weapons, explosives or items which are, in the sole opinion of Bhoma
Exclusive Tours its employees or officials, dangerous or hazardous, or ofsuch nature
asislikely to cause offence or injury to other passengers or damage to their property.

9. PAYMENT
All paymentsforservicesrendered by Bhoma Exclusive Tours must be paid in full by the Client,
seven days prior to the commencement of the services which have been booked and
confirmed. The surcharge payment must be paid on the day of changes, and prior to the
departure of the group.
10. RIGHT TO DECLINE
Bhoma Exclusive Tours reserves the right to decline-, stop execution of- or complete any service,
should the Client fail to strictly adhere to- and comply with all the above conditions. Such
rights, when exercised by Bhoma Exclusive Tours shall be without prejudice to itsrightsto
claim damages or otherspecific relief from theClient.
11. RIGHT TO KEEP VEHICLES OVER-NIGHT
11.1 If a client did not book an empty leg to- or from a destination for an overland trip, Bhoma

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Exclusive Tours reserve the right to keep our vehicle overnight at any destination of our
choosing, for any length of time, without any obligation towards a guide/group leader
regarding accommodation, meals and other related expenses.
11.2 Bhoma Exclusive Tours reserves the right to keep our vehicle overnight at the
destination of our choosing, but when a client books an empty leg, Bhoma Exclusive
Tours would carry the expense of getting the guide/group leader to their destination,
by means of the transportation type of our choice.
12. TARIFFS
Please refer to the negotiated tariffsheet.
Surcharges shall be levied in the event of a deviation from the original itinerary, or any extra
services not reflected on the quotation/invoice.
13. CHILDREN AND RESTRICTIONS
13.1 All children must be accompanied by an adult. Bhoma Exclusive Tours do not take
responsibility forthe supervision of children travelling in our vehicles.
13.2 In respect of Local Day Tours, children 12 years and oldershall pay the full adult rate.
13.3 Children under 12 years qualify for a 50% discount. This is subject to the terms ofthird-party
service suppliers.
13.4 The need for baby- or children’s seats must be pre-arranged, but Bhoma Exclusive Tours
cannot guarantee the availability thereof.
13.5 Certain tours have age restrictions. Please check, when booking a tour, whether your
children are permitted on that tour.
13.6 Entrance fees charged by third party service providers may be charged for children.
Please refer to brochure or our website, www.bhomatours.co.za for age restrictions on
certain tours.

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13.7 We cannot guarantee the availability of third-party operators.
13.8 Bhoma Exclusive Tours reserves the right to terminate tour services if children are not
behaving properly or causing disturbance.
13.9 Children under 8 years are only permitted on game drives on a private tour, and on certain
tours, at the discretion of Bhoma Exclusive Tours and third-party service providers.
13.10 Certain tours operate with a minimum number of people. Kindly refer to our brochure or
website, www.bhomatours.co.za for details.
13.11 Please note that we cannot guarantee any specific animal sightings or interaction with
animals, as these animals are all in their natural habitat and wild. This also applies to any
tour where we advertise interaction with animals in conservation projects.
13.12 We reserve the right to utilize the services of an alternative service provider. Pick up and
drop off for all tours are free from certain central areas. Please check when booking
tours if your pickup and drop off point are free of charge.
14. TIME KEEPING AND ITINERARY AMENDMENTS
14.1 Bhoma Exclusive Tours will make every reasonable effort to conform to the
proposed timetable. It does not undertake to commence or to complete the journey
at any specified time, and shall not be liable in any manner whatsoever, for any total
or partial failure to perform the contract by reason of any mechanical or other defects,
breakdown, accident or any other cause, including any strike or lockout, fire or act of
God, or for any claims, damages and expenses arising from defects or failure as
aforesaid, or any delaysin starting, transit, arrival orreturn of any vehicle.
14.2 The Client will secure a detailed itinerary, highlighting all departure and arrival times on
route, as well as all venues, to ensure good time management. Sufficient time must be
made available for co-ordination with other modes of transport at destinations and
venues.

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14.3 The Client indemnifies Bhoma Exclusive Tours from any claim which may arise from
stopping at venues and altering the departure times not agreed upon, prior to- or during
the journey, as per the official itinerary.
14.4 Should the fulfilment of any journey be rendered impossible, illegal, or in the opinion of
Bhoma Exclusive Tours inadvisable for any reasonable cause, Bhoma Exclusive
Tours may at any time cancel such journey, or the remainder thereof; or make an
alteration to the route, accommodation, price or other details thereof, that Bhoma
Exclusive Tours may think fit, in its sole and absolute discretion.
14.5 Bhoma Exclusive Tours may change drivers and/or vehicles en route or use public
transportation to convey passengers asthey see fit, at theirsole discretion.
14.6 If the Client fails to inform Bhoma Exclusive Tours of any change to their itinerary that incurs
extra expenses, the Client will be held responsible for all costs in relation thereto.
15. TOLL AND FARE DUTIES
Tollfees are not included in the quoted price and are fortheClients own account, unless
otherwise specifically stated.
16. INDEMNITY
16.1 Bhoma Exclusive Tours is hereby exempted from, and shall not be liable for, any loss or
any damage, direct orindirect, consequential or otherwise, caused to and/orsuffered by
theClient or any other party due to and/or arising from:
• any defect in the vehicle arising from theClient using the vehicle
• any incident involving luggage
• propertystolenfromthevehicleand/ordamagedwhileleftinthevehicle during stops
or after itsreturn to Bhoma Exclusive Tours
• unforeseenchangesinconditionsthat affecttheitinerarydue tomatters out of our

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control,such asthe weather, riots, road closures, etc.
• unforeseen traffic delays
16.2 The provisions of the clause are stipulated for the benefit of Bhoma Exclusive Tours its
service suppliers, agents, nominees and sub-contractors, who are exempted
accordingly.
16.3 In arranging supplement services to the Client, except for hiring of a vehicle, Bhoma
Exclusive Tours only acts as an agent for the Client. Bhoma Exclusive Tours cannot be held
liable for any act of neglect or default thatmight occur of any kind.

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17. GOVERNING LAW
These conditions, and the relationship between Bhoma Exclusive Tours and the Client, are
governed by the Laws of theRepublic of South Africa and theClient consents to the exclusive
jurisdiction of the South African Courts. Bhoma Exclusive Tours shall be entitled at its sole
discretion to institute any legal proceedings arising out of- or in connection with these
conditions, in any Magistrates Court having jurisdiction.
18. CODE OF PRACTISE
18.1 Bhoma Exclusive Tours will comply with all national- and regional provisions and
regulations of the Transportation Board.
18.2 Bhoma Exclusive Tours will use only drivers with valid PrDP’s and correct driving
codes.
18.3 Bhoma Exclusive Tours will use only registered guides, with valid PrDP’s and correct driving
codes.
18.4 Bhoma Exclusive Tours will only use vehicles that are registered and has
correct/valid transport permit documents.
19. HEALTH AND SAFETY
19.1 SAFETY: Bhoma Exclusive Tours is confident that its fleet is suitable for all local
conditions and includes sufficient safety features as(where relevant):
• Fire extinguisher
• Emergency exitsafety hammer on all Vehicles
• Basic first aid kit
• Warning triangle
• ABS (anti-lock braking system) on all vehicles

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• Retarder, as per the manufacturer’s specifications
• Seat belts on allseats
• Satellite tracking devices on all vehicles
• 24 hours-a-day, 7 days-a-week operational- and technical emergency standby
representatives available
• Roll-over protection as per manufacturersspecifications
19.2 COMFORT: Bhoma Exclusive Tours luxury vehicles comply with world-class
passenger comfort standards, as per the COASA (Vehicle Operators Association of
Southern Africa) five-star compliance requirements. Please see our website for fleet
information and schematics.
19.3 RELIABILITY: Bhoma Exclusive Tours’ philosophy is to be on time, every time. Our
clients’ peace of mind with respect for reliability is of the utmost importance to us.In the
event of an emergency, a replacement vehicle shall be supplied as soon as reasonably
possible, to continue with the service.
19.4 Bhoma Exclusive Tours undertake to adhere to all government regulations pertaining
to health risks, such as during the COVID-19 pandemic. Protocols will be strictly
followed to ensure the safety of our passengers.

20. VEHICLE MAINTENANCE
The following is applicable:
20.1 Drivers conduct a pre-departure inspection before every trip.
20.2 A 21⁄2-hour workshop inspection is carried out on every vehicle that islikely to travel 3 000
km or more ortravel overland.
20.3 Other vehicles undergo workshop safety checks every 2 weeks.
20.4 Major services are carried out every 15 000 km, unless otherwise specified by the

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manufacturer. For vehicles travelling less than 15 000 km per year, services are
carried out once per year.
20.5 Only new tyres that comply with SABS regulations may be fitted on our vehicles.
Tread patterns are carefully monitored.
20.6 Spare wheels have a minimum of 8 mm tread on vehicles and 6 mm on smaller
vehicles.
20.7 A Certificate of Fitness (COF) service is conducted every 6 months at a certified
testing station.
21. LUGGAGE AND PORTERAGE
21.1 Luggage is limited to 1 suitcase per person and a suitcase must not exceed 20kg. The
company will not accept any responsibility in respect of such baggage.
21.2 Our drivers and guideswill oversee the loading and unloading ofluggage, buttheymay
not help with the actual loading and unloading,since they run the risk of injury. Porters
must load and unload luggage when arriving or departing from a destination.
21.3 Clients are responsible for porterage fees, unless explicitly specified in the booking.
22. DISPUTES
Bhoma Exclusive Tours would prefer to have the opportunity of improving the client’s
experience, rather than satisfying any disappointments upon their return home. If clients are
dissatisfied with any ofthe arrangementsthatBhoma Exclusive Tours has made, they should
contact the telephone numbers provided whilst they are in South Africa. Bhoma Exclusive
Tours cannot accept any liability in respect of any complaint that is not reported to us within
6 weeks of a client’sfirst arrival date.