Terms & Conditions

Our promise to you as a tour company is a personalised experience; unique and unforgettable.

Along with booking your tour with us, we can also book your flights and any extra accommodation before or after your trip! We strive for a personal, specialised experience so we’ll be staying connected with you throughout the process.

During our scheduled tours, all breakfasts, dinners and travel are included in our price, as well as all activities mentioned in the itinerary. We will also have plenty of water and fresh fruit for you to snack on when we’re on the road.

If you want to keep travelling on your own after the tour has ended, we are happy to give recommendations and help you with your bookings. So, come along with us on one of our tours because…why not?

Special Covid-19 and Standard Terms & Conditions

Why Not Tours LTD T/A Why Not Tours

Covid-19

All bookings made from December 2022 will be subject to the following Covid-19 T’s & C’s:

Why Not Tours Guarantee refunds which may be requested for Covid-19 related cancellations up to 60 days prior to the scheduled date of your tour. This guarantee and amendment applies to an inability to travel due to possible complications affecting persons booked on a specific tour specific to Covid-19. These complications associated with Covid-19 includes government-imposed travel bans, enforced quarantine requirements and personal infection of Covid-19 and any of its variants.
Travel dates may be deferred for up to one year without penalty and at the same rates but are subject to changes in seasonal rates provided by third-party service providers.
Why Not Tours will not apply any cancellation service fee for cancellations from 30 to 60 days prior to the scheduled travel, but third-party terms and conditions may apply. All cancellations in this period will be negotiated on a case-by-case basis.
All Covid-19 related cancellations less than 30 days prior to travel will be subject to a 50% cancellation fee.
Why Not Tours have zero control over the bank and money transfer fees and Why Not Tours will refund all relevant deposits in full MINUS the applicable bank fees.
Flights booked on the guest’s behalf are subject to the advertised policies applied by the airline in terms of their amended Covid-19 policies.

Standard Terms and Conditions

By booking a tour, safari or other vacation package sold by Why Not Tours and paying the booking deposit, you are agreeing to these terms and conditions, which creates a binding contract between Why Not Tours and you, the customer. Please read this contract carefully, as it contains important terms and conditions including, without limitation, penalties for cancellation and specific limitations on Why Not Tours liability and that of its affiliates and other third parties.

General. You have booked the tour/safari listed on the specific attached itinerary provided to you. Why Not Tours currently operates tours within South Africa and neighbouring territories, and serves as a booking agent for tours and services operated by third-party service providers (“Providers”) in South Africa and other countries. Why Not Tours reserves the right to provide the tour or any portion thereof either directly through its own personnel or through third party service providers. You hereby acknowledge and agree that where any tour or part of the tour, accommodations, flights or any other goods or services are provided by a third party (collectively, “Third Party Services”) and not directly by Why Not Tours, Why Not Tours is not liable for any dispute or claim with respect or any Third Party Services including, without limitation, any losses, damages, breach of contract, negligence or other claims or damages arising from the acts or omissions of the Providers thereof and, therefore, you are required to pursue any such claims solely against the relevant Provider.
Important Travel Information. You acknowledge and agree that there are general risks associated with travelling, which are beyond Why Not Tours’s control and, as such, Why Not Tours is not liable for any loss, cost, or damage you may incur as a result thereof. Such general risks include, but are not limited to, tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; strikes, civil disturbances and advices by governments, and other Force Majeure Events (as defined below); hazards associated with travelling in undeveloped areas; travel by boat, train, automobile, aircraft and other means of transportation; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance or for any other circumstances beyond Why Not Tours’s control; forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; and any changes to government visa or travel requirements. Furthermore, it is your sole responsibility to make your own inquiries regarding your trip, including any relevant government travel safety warnings.
Travel Insurance. You are required to arrange comprehensive travel and medical insurance to cover any unforeseen circumstances that may occur during the tour. Why Not Tours is not liable in any regard for your failure to adequately insure yourself, and you agree to indemnify and hold Why Not Tours harmless for any expenses or delays incurred as a result of your failure to adequately insure yourself.
Tour Price. The “Tour Price” is the total amount listed on your final Itinerary. All Tour Prices are quoted in New Zealand Dollars. Why Not Tours reserves the right to vary Tour Prices at any time, in its absolute discretion, to account for any unexpected increase in costs, including but not limited to airfares, fuel, government taxes and charges, exchange rate fluctuations or other tour related costs or tariffs. If Why Not Tours has received the full amount of the Tour Price from you, there will be no increases to your tour price, regardless of any increases in the tour costs inside or outside of our control. If you have not paid the full amount of the Tour Price, and we may vary your Tour Price due to an increase in tour costs outside of Why Not Tours’s control. Any increase Why Not Tours applies to the Tour Price will be only to the extent required to meet such additional costs. Why Not Tours reserves the right not to honour any published prices that Why Not Tours determines were erroneous due to printing, electronic or clerical error.
Items Included in Your Tour Price. Subject to the conditions and limitations set forth herein, the following items are included in the Tour Price if they are expressly listed on your Itinerary:

Intercity Travel. By bus, Sedan or Safari Vehicle.

Air Travel. Where designated domestic or regional flights are included, and you are responsible for timely arrival at the gateway for your tour. Failure to arrive at the gateway in a timely fashion may result in cancellation of your tour and loss of the Tour Price. Internal and regional flights may be included if specifically listed on your Itinerary.

Tour Guide & Tour Host. The Tours and Safaris provided by Why Not Tours are fully guided with the Tour Guide or Tour Host accompanying the group for the full duration of the tour, unless stipulated to the contrary. All tours are conducted in English by a professional Tour Guide except for specific tours where a language guide is stipulated.

Accommodations. Tour Prices are per person, based on two persons sharing a room with a private bath or shower. Single accommodations are available on some, but not all tour and safari itineraries with a single supplement rate, payable at the time of booking. If at any time during the tour you consider your rooming partner to be unsuitable, Why Not Tours will attempt to arrange single accommodation for you for the remainder of the tour, subject to availability. Details of price and availability of single accommodation can be obtained at the time of booking. Special room requests (smoking/non-smoking, adjacent, connecting or lower- floor rooms, as examples) must be made at time of booking. Special room requests are not guaranteed and are based on a first come first served basis and are subject to availability at time of check-in. Why Not Tours reserves the right to substitute hotel accommodations of a similar standard in place of any advertised hotel. Why Not Tours is not responsible for the size or quality of the rooms provided. Why Not Tours cannot guarantee the availability of pre and post-tour accommodations.

Baggage. Passengers are restricted on regional flights to a checked bag of 20kg (42lbs) and a carry-on bag of 7kg (15 lbs) in weight. When charter flights are used on a safari itinerary, the weight restriction may be reduced to 15kg (30 lbs) per person, and this must be in soft bags. Airline passengers should consult with their air carrier as size and weight restrictions, which may vary from airline to airline and according to ticket class. It is your responsibility to comply with all airline and airport luggage rules and regulations, including safety regulations. Why Not Tours or its Providers may elect not to carry overweight items.

Meals. Only those meals identified on the Itinerary are included. You must advise Why Not Tours in writing of all special dietary needs at the time of booking. Why Not Tours will make reasonable efforts to accommodate your dietary requests but cannot guarantee that any requests can be met.

Sightseeing. The entrance fees for sightseeing, excursions and other places of interest that are listed on the itinerary are included.

Gratuities/Tips. As a general rule, gratuities and tips are NOT included on tours and safaris operated by Why Not Tours. All gratuities and tips are the customer’s responsibility.

Unused Services. No refunds are available with respect of any unused services or amenities made available to you.

Items Not Included in Your Tour Price. The only items included in your tour price are those identified above and expressly identified on your itinerary. Therefore, the following items, without limitation, are not included in the Tour Price: (a) airfare not specifically included in your Itinerary, (b) airline and other taxes or government charges, (c) gratuities unless otherwise stated in the Itinerary, (d) fees associated with any accommodation upgrades (if available), (e) meals not specifically included in your Itinerary; (f) beverages (g) fees for laundry, (h) passport or visa fees, (i) vaccinations or other medical services or requirements, and (j) any items of a personal nature. Please note that changes to flight schedules may require additional overnight accommodation at your own expense. Any modified travel arrangements required due to illness or personal reasons are at your own expense.
Booking/Payment.

Booking Deposit. To secure your booking a deposit of 50% of the total tour price is required. This deposit listed on the Itinerary (the “Deposit”) is due within 5 (five) working days of confirming the booking for your travel. Your booking will be automatically cancelled if your Deposit is not received by Why Not Tours on or before the due date. Deposits are non-refundable and non-transferable, except as otherwise stated herein.

Final Payment. The balance of the Tour Price must be paid no later than 60 days prior to the tour departure date. Failure to pay the balance within 60 days of the tour departure date will result in cancellation of your trip and loss of the Deposit.

Bookings within 60 Days. If you place a booking with Why Not Tours within 60 days or less of your chosen departure date, full payment of the Tour Price is required before we can request and confirm your booking. If the tour is not able to be fully confirmed, then we will refund all funds paid to us, and Why Not Tours will have no further obligations or liability to you in respect of your booking.

Payments to Travel Agents. In the event that you booked your tour through a travel agent, your travel agent may forward your deposit or final payment to Why Not Tours on your behalf. AES is not responsible for any payments made to travel agents and, therefore, a payment to your travel agent will not be deemed a payment to Why Not Tours unless and until such payment is received by Why Not Tours and the funds are fully cleared.

Cancellation by Traveller.

Cancellation Notice. Cancellation notices must be issued to Why Not Tours in writing during its regular office hours. Any changes to your tour departure date or name changes will be deemed a cancellation and the applicable cancellation fees may apply.

Cancellation Fees. In the event of cancellation, you will be liable to pay Why Not Tours cancellation fees calculated in accordance with the following table. Please note that in the event of cancellation you may also be obligated to pay cancellation fees to third parties including, without limitation, airlines.

You will be liable for cancellation fees, calculated as follows:

DAYS OF NOTICE PRIOR TO COMMENCEMENT (PER PERSON)

CANCELLATION CHARGE TO TOUR

60 days and greater

Loss of Tour Deposit

59-30 days

75% of Tour Price

Less than 30 days

100% of Tour Price

Air Travel. Airfare price is based on low season rates; a high season surcharge will apply to some dates. Applicable airline and airfare will be advised at time of airfare booking. All airfare prices are an indication only and subject to confirmation. Tour prices are exclusive of international air fares.

Air Reservations/Ticketing. Payment in full is required for all airfares at the time of booking.

Airline Seating & Special Requests. Seats are limited in our contracted class of service and may not be available on every flight. Why Not Tours does not hold block space on any airline and therefore does not provide any assurance of seat availability for every single tour departure date. Seat assignments and meal preferences may be requested at time of booking but remain subject to availability on a first come first served basis. Why Not Tours does not assure that any such requests will be granted. Not all airlines offer pre-assigned seats and some may impose additional charges for pre-assigned seats. Any additional charge imposed by any airline will be at your sole expense. Seating is solely under the control of the airline, as are the itinerary changes resulting from flight delays and schedule changes. Flight cancellations, delays and schedule changes are the sole responsibility of the airline and Why Not Tours accepts no responsibility or liability for such delays or rescheduling.

Airline Fuel Surcharges, Taxes, Fees and Restrictions. All airfares quoted at the time of your booking, will be based on roundtrip purchase and will include air-related taxes, fees and fuel surcharges imposed by the airlines. Any additional fees charged by the airlines such as checked baggage fees, seat selections and/or any other services are your sole responsibility.

Cancellations. The cancellation fees listed above do not include any cancellation fees that may be imposed by the airlines.

Tour Variations, Delays, etc.

Itinerary Variations. While Why Not Tours will make reasonable efforts to operate the tour in accordance with your itinerary, changes or substitutions may be necessary for reasons outside Why Not Tours’s control or other Force Majeure Events (as defined in paragraph 12 below). At certain peak periods duplicate departures may operate, and sometimes in reverse order; hotels may also vary from those stated on the itinerary pages. Departures in early and late season are potentially operated in cool weather conditions. As a result, slight itinerary variations may occur, and certain activities may not be available due to seasonality or weather conditions. Availability of certain activities may also be limited due to itinerary variations. If your tour enjoyment may be diminished by such limitations, please check with your Travel Agent before making your reservation. Why Not Tours reserves the right to substitute (at the nearest reasonable standard) another motor vehicle for all or part of the itinerary and provide alternative accommodation where necessary. Why Not Tours is not liable to you for any variations in the tour itinerary caused by Force Majeure Events.

Bookings are accepted by Why Not Tours in its sole discretion. Due to the availability of alcohol on many of our vacation packages, children and other persons under 18 years of age must be accompanied by a person over the age of 21 (an “Adult”) and must share their accommodation with that Adult.

Vehicle Safety. You acknowledge and agree that if you travel on a bus, car or safari vehicle as a part of a Tour, you are required to comply with any and all recommended safety requirements including, without limitation, remaining seated at all times while in the vehicle and wearing a safety belt while seated in the vehicle. Neither Why Not Tours nor its affiliates or Providers shall have any liability to you or any third party for any injuries, illness or death resulting from your failure to adhere to applicable safety recommendations.

Physically Challenged Guests. Why Not Tours strives to provide a safe, enjoyable and memorable travel experience for all passengers. Sightseeing in many historic towns and cities can only be undertaken by walking tours of up to 5 km, often on uneven surfaces. Some tours include mountain excursions involving high altitudes. Consequently, a reasonably adequate (and sometimes high) level of fitness is required for many of our tours. Please consult with your doctor to ensure that you have an adequate level of fitness and are in good health before participating in these included excursions. Why Not Tours will not provide any refunds if you are not able to participate in any portion of the tour. Most transportation services are not equipped with elevators or wheelchair ramps, and rest rooms may not be wide enough to provide access for standard wheelchairs. Why Not Tours will make reasonable attempts to accommodate the special needs of its physically challenged guests but is not responsible in the event it is unable to do so. Nor is it responsible for any denial of service by vessel operators, air carriers, hotels, and restaurants or other

Providers. We regret that we cannot provide individual assistance to our customers for walking, dining, getting on and off vessels, motor coaches and other vehicles, or for other personal needs. A qualified and physically able companion must accompany travellers who need assistance and must assume full responsibility for their wellbeing. Please note that motorized scooters are not suitable on international tours and may not be permitted in certain countries.

Tour Cancellation. Your booking for a group tour is conditional on Why Not Tours receiving a minimum number of bookings to operate the tour and ensure an enjoyable group atmosphere where the tour is not specifically arranged as a “Private Tour”. Where sufficient numbers, as determined by Why Not Tours in its sole discretion, are not achieved, Why Not Tours may cancel or suspend a scheduled departure of the tour. Why Not Tours will use commercially reasonable efforts to provide notice of cancelled or suspended tours at least 60 days prior to the scheduled departure date. Why Not Tours will endeavour to notify you of any changes to your tour itinerary in the following manner: (a) if prior to your tour departure, by telephone, email or mail; (b) if during your tour, personally by your Tour host or Tour Guide. In the event a tour is cancelled by Why Not Tours for any reason prior to departure, Why Not Tours will use commercially reasonable efforts to offer the closest available tour departure. If the replacement tour price is less than the scheduled tour, you will receive a refund in the amount of the difference or if the replacement tour is more than the scheduled tour you will be required to pay the difference. If you accept the alternative tour departure, you will be bound by these Terms and Conditions with respect to the alternative tour. If you do not accept the alternative tour departure within a period of 7 days, then this Contract will be terminated, and Why Not Tours will refund all monies that you paid directly to Why Not Tours and Why Not Tours will have no further liability to you. Why Not Tours will not be liable for any third-party costs you incur as a result of cancellation, including without limitation, for airfares or other arrangements booked independently through or paid to a travel agent or other third party.

Tour Delay. Where Why Not Tours delays the departure of a Tour, for whatever reason, for more than 7 days, as your sole and exclusive remedy you may terminate this Contract and Why Not Tours will either: (a) provide you with a full refund of all amounts paid to Why Not Tours; or (b) provide you with a credit towards future tours with Why Not Tours which will be valid for 24 months from the date you notify us of the termination of this Contract.

General Notices, Conditions and Safety Matters.

Young Passengers. Children under the age of 4 may not partake in game viewing activities in the wildlife areas. Children are however eligible to travel with Why Not Tours only if Safety procedures are adhered to. Passengers must follow Tour Host, Tour Guide, and crew instructions at all times to ensure on-tour safety. You acknowledge that failure to do so will result in restricted access to areas on tour, or if necessary for your own safety and that of other passengers, withdrawal from the tour. If Why Not Tours, or our staff or Providers are of the view you are negatively affecting your own health, safety, or enjoyment, or that of other passengers, Why Not Tours may terminate your continued participation in the tour immediately and in such event Why Not Tours will not be liable to you for any loss, cost or damage resulting from your withdrawal from the tour. If you are withdrawn from the tour, you must make your own travel arrangements at your own expense. You hereby acknowledge and agree that neither Why Not Tours, nor any of its affiliates or Providers, are responsible for any damages, costs or expenses that may arise from the decision to exclude an individual from participating on all or any portion of a Why Not Tours tour, or from any activities or accommodations on a Why Not Tours tour.

Passport/Visas. You must have a passport valid for six months past the expected end date of your tour. It is also your responsibility to obtain valid entry visas for all countries where so required, prior to departure. Failure to obtain correct documentation may affect your participation in all or any portion of the tour. Why Not Tours will not provide any refunds if you are not able to participate in the tour, or any part thereof. You will be responsible for any costs you incur as a result of your failure to obtain the required documentation including, costs you incur as a result of your failure to obtain the required documentation including, without limitation, any costs associated with re-joining the tour or returning home.

Vaccinations. Immunization requirements vary from country to country. Please consult your personal physician, a local public health board. Required inoculations, if any, must be recorded by traveller’s health practitioner on a valid vaccination certificate which the traveller must carry for proof of inoculation where required.

Drugs. The only drugs that are permitted on a Why Not Tours tour are general over the counter drugs (OTC) and those provided on prescription by the traveller’s health practitioner. Proof of such a prescription should be available for inspection by duly authorized persons. Drugs and the use of drugs is illegal and not permitted on any Why Not Tours’s tour, transportation used, or at any of the locations that are included on the tour itinerary. Possession of an illegal substance will result in immediate cancellation of services by Why Not Tours and the expulsion from the tour with the loss of all monies paid to date.

Smoking. You acknowledge that Safari vehicles, vessels, motor coaches and other vehicles, restaurants, hotels and other accommodations do not permit smoking. Although Why Not Tours may attempt to provide opportunities for smoking during the tour, Why Not Tours does not guarantee such opportunities will be available.

Force Majeure. For the purposes of these terms and conditions, a “Force Majeure Event” means any act of God; war; terrorism; fire; flood or any other extreme weather condition; loss of power; epidemics or pandemics; industrial disputes, slow-downs or other strike activities; riots or civil disturbances; acts of government, semi-government or other authorities; inability to obtain any necessary license or consent; delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers); material shortages; any other disruption, delay, damage or loss resulting from any action, omission or event outside the reasonable control of Why Not Tours. You hereby acknowledge and agree that Why Not Tours is not liable for any delay or any failure by Why Not Tours to perform its obligations under these Terms and Conditions resulting from or as a consequence of a Force Majeure Event. If a delay or failure occurs or is anticipated due to Force Majeure Event, Why Not Tours’s obligations are suspended for the duration of the Force Majeure Event. Why Not Tours may immediately terminate this agreement, if the Force Majeure Event delays performance for a period of 7 days or more, calculated from the date Why Not Tours notifies you of the Force Majeure Event.
Limitations of Liability; Disclaimer of Damages; Indemnification

Waiver of Responsibility. Without intending to limit the generality of the other limitations and disclaimers set forth herein, You hereby acknowledge and agree that Why Not Tours accepts no responsibility and will not be liable to you or any third party for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with: (1) any tour risks or other aspects of the tour of which you were notified in these Terms and Conditions; (2) any change to your itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the tour; (3) any loss or damage to your baggage; (4) any personal injury or death resulting from acts or omissions, including negligence, of any third parties providing goods or services to you during the tour, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (5) any loss of enjoyment by you due to circumstances outlined in these Terms and Conditions or otherwise beyond Why Not Tours’s control. You further acknowledge and agree that, in issuing tickets and coupons for transportation of the customer by any means and making arrangements for hotel or other accommodation, Why Not Tours is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation and, therefore, accepts no responsibility for their acts or omissions.

Limitation of Indirect and Consequential Damages. Notwithstanding anything to the contrary, neither Why Not Tours nor its providers or suppliers shall be liable to you or any third party for any special, incidental, indirect and/or consequential damages of any kind, resulting from their performance or failure to perform pursuant to the terms of this contract or any other documentation entered into in connection herewith, or resulting from the furnishing, performance or use of any of Why Not Tours’ s products or services, even if you have been advised of the possibility of such damages.

Exclusive Remedy, Limitation of Direct Damages. You hereby acknowledge and agree that your sole remedy in the event of a breach by Why Not Tours of any of its obligations hereunder shall be limited to one of the following remedies, in Why Not Tours’s sole discretion: (a) in the case of goods, repair or replacement of such damaged or faulty goods with the same or equivalent goods or the reimbursement of the amount you paid for such goods, and (b) in the case of services, supplying the services again or reimbursing the cost you paid for the supply of such services. notwithstanding anything to the contrary, however, in no event will the total aggregate liability of Why Not Tours and its providers and suppliers for any claims, losses or damages whatsoever arising out of this contract exceed the total fees paid by you and actually received by Why Not Tours with respect to the tour to which the claim arose. The limitations of liability and exclusion of certain damages set forth herein shall apply regardless of the success or effectiveness of other remedies.

Disclaimer of Warranties. To the fullest extent permitted by law, and except as otherwise expressly set forth herein, Why Not Tours makes no representations or warranties, and hereby disclaims any other representations or warranties, express or implied, arising by law or otherwise, with regard to any of its products and services, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, any implied warranty arising from the course of performance, course of dealing or usage of trade, or any implied warranties pertaining to title. Without limiting the foregoing, Why Not Tours does not warrant that your tour will be without delay, interruption or change.

Indemnification. In consideration of the services and arrangements provided by Why Not Tours, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Why Not Tours and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with your vacation package and any activities conducted in conjunction therewith.

Acknowledgment of Waiver of Rights. Regardless of the situation or circumstances giving rise to a claim, you are hereby waiving rights and remedies that you may otherwise have under applicable law if you did not enter into and agree to be bound by these Terms and Conditions including, without limitation, limitation of remedies, waiver of warranties and limitations on your right to seek damages against Why Not Tours and certain third parties. “In consideration of participating in my vacation package, my signature, including electronic signature, on my journey application indicates that I have, on the date shown, read and understood this document and I acknowledge that it affects my legal rights and agree to be bound by its terms. My signature also signifies my intention to relieve and indemnify Why Not Tours, its owners, officers, directors, employees, agents, contractors and subcontractors from any liability for personal injury, property damage or wrongful death which I might suffer during my participation in the scheduled vacation package.

Survival. This Paragraph 13 shall survive any termination of the Contract.

Recovery Fund for Consumers

If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent by the vendor, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

Governing Law/Jurisdiction; Dispute Resolution; Waiver of Jury Trial. All disputes arising under or in any way related to this Contract, including the enforceability and interpretation of this Contract (each, a “Dispute”), shall be governed by the laws of New Zealand, without giving effect to its conflicts of laws rules or principles.
Entire Agreement. This Contract constitutes the entire agreement between the parties and supersedes any prior understanding or discussions, whether oral or in writing.
Notices. Any questions or notices pertaining to your Booking or these Terms and Conditions shall be addressed to: Why Not Tours ltd, 60 Lynden Avenue, Hillcrest, Auckland, 0627. Why Not Tours may only waive a right or remedy created under these Terms and Conditions in writing. Why Not Tours’s delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Why Not Tours (either wholly or in part) operate as a subsequent waiver of the same or any other right.
Amendment. Why Not Tours may make changes to these Terms and Conditions from time to time. When these changes are made, Why Not Tours will make a new copy of the Terms and Conditions available at https://www.whynottours.com. Please review to that Web address from time to time to determine if there have been any changes
Survival. Any term which is, by its nature, intended to survive termination of these Terms and Conditions, survives termination.
Interpretation. Unless the context indicates otherwise: (1) headings are for convenience only and do not affect interpretation; (2) the singular includes the plural and vice versa; (3) a reference to a party includes its successors and permitted assigns; (4) where a word or phrase is defined, other grammatical forms have the corresponding meaning; (5) the word ‘include’ in any form is not a word of limitation; (6) no rules of construction apply to the disadvantage of Why Not Tours on the basis that this Contract was prepared by Why Not Tours; (7) a reference to a natural person includes their personal representatives; and (8) unless specifically indicated otherwise, the word “or” is used in the inclusive sense of “and/or” and not the exclusive sense of “either/or.”
Third Party Rights. You acknowledge and agree that Why Not Tours’s affiliates shall be third party beneficiaries to these Terms and Conditions and shall be entitled to directly enforce, and rely upon, any provision herein which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms and Conditions.
Independent Legal Advice. This is a legal document. If you do not understand any of the terms and conditions set forth in these Terms and Conditions or the legal implications of agreeing to any such terms or conditions, we recommend that you seek independent legal advice from an attorney or other qualified professional.

USEFUL INFORMATION

Clothing. We recommend smart casual and comfortable clothing. Please bring comfortable walking shoes for sightseeing, which sometimes includes walking over rough and uneven ground. Dinner attire is casual-open-neck shirts, slacks and dresses. While on Safari, casual clothing, shorts and sandals may be acceptable for dining. The rules set out by the accommodation and dining establishments will apply. Coats and ties may be worn but are not required. For winter months we recommend a warm coat, gloves, water-resistant jacket / windbreaker and footwear. Take care to wear clothing that would not be considered too revealing for the area that you are visiting. Please follow the directions of your Tour Leader in this regard. Comfortable walking shoes are recommended as you will need these daily while sightseeing, which includes climbing through ruins and crossing rough ground. Closed-in shoes are recommended to keep out the dust and sand.

Security. Care of your belongings is your own responsibility. Be aware of what is going on around you at all times and take due care as you would in any other destination around the world that you may visit for the first time. The local people are very friendly and love to chat to travellers. Feel free to do so while taking due care and do not allow yourself to be taken to sparsely populated areas.

Laundry. Laundry services are available at most hotels at an additional charge. Limited laundry service may be included on some parts of the Safari itineraries.

Internet Services. Are available at most lodges and hotels. At some destinations there may be a cost applied or the access and usage may be limited. Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside our control. We do not guarantee the availability and quality of internet connections.

Dining. The restaurant manager is responsible for the seating arrangements.

Currency and Credit Cards. Most countries visited in Africa have their own currencies. For small purchases in small towns, local currency is advantageous. Please note that the currency that you carry must be notes that are not damaged in any way and the notes must be no older than ten years.

Most locations accept major credit cards. ATM machines are located at regular intervals on our routes. VERY IMPORTANT– Do not accept any assistance from a stranger while you are busy at an ATM and do not use ATM’s in secluded areas. Prior to departure passengers should confirm that their credit cards, ATM cards and PIN will work overseas and advise their banks of their itinerary and the countries that they will be visiting.