CHLOOROKOP TERMS AND CONDITIONS
THE WEBSITE WWW.CHLOOROKOP.COM IS OWNED AND OPERATED BY CHLOOROKOP INVESTMENTS (PTY) LTD . THE FOLLOWING TERMS AND CONDITIONS FORM THE BASIS OF YOUR CONTRACT WITH
CHLOOROKOP INVESTMENTS (PTY) LTD INCORPORATED IN BOTSWANA IS TRADING AS CHLOOROKOP TRAVEL AND TOURS.
CHLOOROKOP TRAVEL AND TOURS LIMITED LIABILITY COMPANY IS INCORPORATED IN THE UNITED STATES OF AMERICA AND IS A SUBSIDARY TO CHLOOROKOP INVESTMENTS (PTY) LTD.
PLEASE READ THEM CAREFULLY AS THEY ARE LEGALLY BINDING.
DEFINATIONS AND INTERPRETATIONS
In this agreement the following words will have the meanings referred to below, unless the context clearly
indicates otherwise:
a) “Travel Consultant” means a travel adviser employed by Chloorokop Travel and Tours;
b) “the Agreement” means the Customer Booking Form (defined below) and the applicable Customer Quotation
read with these Terms and Conditions;
c) “Customer Quotation” means the online itinerary or form sent to you by Chloorokop Travel and Tours, indicating the estimated
prices of the travel products and services that you wish to purchase;
d) “the Customer Booking Form” means the form completed by you and submitted to Chloorokop travel and Tours confirming
your acceptance of the Customer Quotation
e) “CPA” means the Consumer Protection Act, 2018(Act 5 of 2018);
f) “Day” means a calendar day;
g) “Departure Date” means the date on which you start your travels, as indicated in the Customer Confirmation
Form;
h) “Deposit” means the monies payable by you to Chloorokop Travel and Tours to secure your booking;
i) “Force Majeure” means any extraordinary event or circumstance beyond the control of the parties, including
but not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute,
natural or nuclear disaster, adverse weather conditions, pandemics, epidemics (including governmental
regulations or interventions in response to pandemics and epidemics) and fire;
j)Chloorokop Travel & Tours means Chloorokop Investments (Pty) Ltd, a private company,
registration number: BW00004932984 duly registered in terms of the laws of the Republic of Botswana,
carrying on business at Plot 22039, Takatokwane Street, G-West, Gaborone, Botswana
VAT Registration Number: BW00004932984;
k) “Involuntary change” means a change/s to a booking caused by, scheduled airline failure, bad weather, airport
or airline strikes and all other Force Majeure;
l) “in writing” means written communication sent to Chloorokop Travel & Tours by recorded delivery post or by email.
m) “Your/Your” means the client described on the Customer Booking Form.
n) “Voluntary change” means changes requested by you that do not constitute an Involuntary Change which
may result in additional costs including but not limited to cancellation, amendment and administration fees
and cost of new services;
o) “Overbooking displacement” means cancellation or rescheduling of a service by a service provider due to a
supplier booking error;
p) “Parties” means both you and Chloorokop Travel & Tours;
q) “Supplier” means a third party who supplies you with travel services, including but not limited to airlines,
transfer companies, car rental companies, tour operators, hotels and suppliers of accommodation;
r) “Supplier Schedule Failure” means a Supplier’s failure to provide you with travel services as per your booking,
including but not limited to an Overbooking Displacement;
s) “Scheduled Airline Failure” means an airline’s failure to operate at all or to operate according to the flight
schedule for reasons including but not limited to technical failure or weather conditions;
t) “Service fee” means the portion of your Total Confirmed Price that covers the services provided by Chloorokop Travel & Tours.
including but not limited to booking services, administration, communication, amendment, cancellation and
bank charges.
u) “Total Confirmed Price” means the total cost of services rendered to you on behalf of Chloorokop Travel & Tours or by
Chloorokop Travel & Tours , as indicated in the Customer Confirmation Form;
v) Expressions in the singular also include the plural, and vice versa; and
w) Pronouns of any gender include the other gender
PART A: YOUR DEALINGS WITH CHLOOROKOP TRAVEL & TOURS IN RESPECT OF TRAVEL SERVICES AND PRODUCTS OFFEREDBY SUPPLIERS
1.SECURING YOUR BOOKING
a) In order to confirm your booking, you need to make the following payments to Chloorokop Travel & Tours :-
i. 30% Deposit at time of booking, excepting air travel, which requires 100% payment upon booking as
tickets have to be issued simultaneously, and villa bookings which require 50% deposit;
ii. Final balance due 60 days prior to travel;
iii. 100% Of the Total Confirmed Price for bookings made less than 60 days prior to departure,
iv. Greater deposits may be required in instances of specialist product and/or peak season travel.
b) If the above payments are not received as indicated, Chloorokop Travel & Tours will be unable to confirm the booking for you.
2. PRICES AND PAYMENTS
a) You will be liable for the Total Confirmed Price, less any payments made by you plus any additional charges
due to booking changes that may be charged as explained in clause 4 of this Agreement.
b) All clients agree to transact electronically with Chloorokop Travel & Tours LLC Payments , incorporated in USA and with
company registration number 2025-001635812, a fellow subsidiary of Chloorokop Investments (Pty) Ltd
incorporated in Botswana.
c) All payments must be made by credit card, internet transfer (electronic funds transfer) or telegraphic transfer
(SWIFT). Payments are normally cleared within five business days. Cash and travellers’ cheques are not
accepted.
d) If you fail to make the payments on or before the due date, your booking will be cancelled and you will forfeit
the relevant deposit paid in terms of clause 1 above.
3.PRICE INCREASE
a) All Customer Quotation Forms and Customer Confirmation forms generated by Chloorokop Travel & Tours are based upon
external supplier costs such as air fares, airport taxes, fuel surcharges, accommodation, car hire, park fees and
gate fees which are outside of the control of Chloorokop Travel & Tours . These supplier costs are therefore subject to change
until final payment has been received or in the instance of air travel, until air tickets have been issued.
b) You agree that should any such costs increase, such an increase will be for your account and shall be payable
to Chloorokop Travel & Tours or as otherwise instructed by Chloorokop Travel & Tours .
c) You also acknowledge that:
i. airlines reserve the right to levy additional or increased airport taxes and fuel charges – without
notice – at any stage prior to flight and any such costs increased as a result of an increase effected by
the airline will be for the Client’s account and shall be payable to Chloorokop Travel & Tours or as otherwise instructed
by the airlines
ii. road transportation companies such as transfer and car rental companies reserve the right to levy
additional charges due to fuel price increases and/or government road levies – without notice – at any
stage priorto and any such costs increase as a result of an increase effected by the road transportation
company will be for the Client’s account and shall be payable to Chloorokop Travel & Tours or as otherwise instructed
by the road transportation company;
iii. Government/National Bodies, concession owners and other such parties involved in the running of
private or public natural parks reserve the right to levy additional or increased park fees – without
notice – at any stage prior to arrival and any such costs increased as a result of an increase effected by
such parties will be for the Client’s account and shall be payable to Chloorokop Travel & Tours or as otherwise
instructed by such parties.
4. CHANGES TO BOOKINGS
a) Chloorokop Travel & Tours will make every effort to adhere to the confirmed itinerary. However, where Involuntary Changes
are significant – such as change of accommodation or transportation – Chloorokop Travel & Tours undertakes:
i. To provide a reasonable alternative at no additional cost, subject to the terms and conditions of the
relevant Supplier;
ii. In the event that you reject the reasonable alternative provided or should a reasonable alternative
not be available as per 4.a.i above, to refund you the monies arising from the Involuntary Changes,
subject to the terms and conditions of the relevant Supplier.
b) In the event of refunding you, to assist you in identifying alternative services, subject to all additional costs for
the alternative services being for your account.
c) Should you wish to make a Voluntary Change to your booking, Chloorokop Travel & Tours will use its best endeavours to
accommodate you. However, Chloorokop Travel & Tours reserves the right to charge the applicable cancellation fees referred
to in clause 7 as well as an additional administration fee of USD25.00 per person per booking amended together
with any additional costs arising from the Voluntary Change, including those charged by the relevant Supplier.
5.TRAVEL DEALS AND DISCOUNT RATES
a) All Travel Deals and Discounted Rates advertised on the Chloorokop Travel & Tours website or quoted in the Customer
Quotation form have separate terms and conditions prescribed by the Supplier of the relevant goods and/or
Services. It is your responsibility to obtain such separate terms and conditions as you will be bound by them.
6.WAIVER, INDEMNITY AND LIABILITY
a) All vouchers, receipts and tickets issued by Chloorokop Travel & Tours to you are subject to the supplier’s terms and conditions.
b) Participation in any tour or travel package arranged by Chloorokop Travel & Tours and provided by any of its Suppliers
(including but not limited to transportation to or from any venue) is undertaken at your own risk.
c) You indemnify Chloorokop Travel & Tours and its directors, employees, assignees and/or agents against any claim arising
for any damages or loss which might be instituted against it arising from or connection with the services
contemplated in these Terms and Conditions.
d) The Client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims
which they may have against Chloorokop Travel & Tours for any form of compensation for damages which they may suffer due
to injury and/or loss of any nature whatsoever, which includes accidents caused by the Client’s own actions,
injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death
at any time after the tour.
e) Chloorokop Travel & Tours acts solely in the capacity of an agent for third parties and as such Chloorokop Travel & Tours holds themselves
free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/
delay/damages/ dissatisfaction caused by third party products and services. Chloorokop Travel & Tours shall be exempt
from all liability in respect of any claim whatsoever as aforesaid, the Client acknowledging that, in the case
of a defective product, it is unreasonable to expect Chloorokop Travel & Tours to have discovered the product failure having
regard to Chloorokop Travel & Tours’s role in arranging access to the third-party products and services on behalf of the
Client.
7.CANCELLATION AND REFUND POLICY
a) In the event that you cancel your booking, in full or partially, for any reason whatsoever Chloorokop Travel & Tours will levy
cancellation charges as defined in Section C below. In the occasional instance where Chloorokop Travel & Tours is able to obtain
waivers of cancellation fees and/or secure an ex-gratia refund from suppliers Chloorokop Travel & Tours will pass this on to you
less the Service Fee. However, Chloorokop Travel & Tours makes no guarantees as to securing such waivers or refunds.
b) Cancellations of bookings must be done in writing. Where cancellations are sent by e-mail, you must obtain an email proof of receipt and retain written acknowledgement of receipt from Chloorokop Travel & Tours .
c) Cancellation of bookings
i. 61+ days before departure: Deposit non-refundable
ii. 0-60 days before departure: 100% Cancellation fee
d) Chloorokop Travel & Tours will make every effort to confirm the required services after deposit payment. In the in the unlikely
event of us being unable to confirm the itinerary travel services you will be offered alternative available travel
services. Should the alternative available travel services not be acceptable to you we will provide a full refund.
e) Chloorokop Travel & Tours will make every effort to ensure delivery of services as defined in the confirmed itinerary however we
reserve the right to cancel services where unavoidable due to circumstances beyond the control of Chloorokop Travel & Tours .
In the unlikely instance that Chloorokop Travel & Tours should cancel services defined in the confirmed itinerary Chloorokop Travel & Tours will
provide a full refund on the cancelled service/s only, except in force majeure events.
f) Chloorokop Travel & Tours will make every effort to avoid misquotation. However, we reserve the right to cancel a reservation
without liability or penalty if an obvious error or omission leads to a material cost implication.
g) No refunds will be given by Chloorokop Travel & Tours for partly used vouchers or for no-shows.
8.COMPLAINT AND DISPUTE RESOLUTION
a) Any complaints should be telephonically reported to Chloorokop Travel & Tours at the time of the incident and should be
followed up in writing to Chloorokop Travel & Tours , marked for the attention of the Customer Service Manager, no later than
30 days after the Incident has occurred.
b) Complaints should be forwarded to P.O. BOX AE12AEH, POSTNET MOLAPO, GABORONE, BOTSWANA or alternatively
via email to [email protected].
c) Chloorokop Travel & Tours will acknowledge your complaint and endeavour to investigate it with the relevant service provider
within a 30 days period after which it will provide you with written feedback.
d) Although Chloorokop Travel & Tours will make every effort to assist in the resolution of the complaint, it cannot guarantee
the satisfactory resolution of complaints for services and products outside of its control and for which it is
not responsible.
PART B: YOUR DIRECT DEALING WITH OTHER SERVICE PROVIDERS
9. FLIGHT RULES
a) All airlines require the full names of passengers as stated in their passports.
b) After air tickets have been issued, any changes will be subject to the relevant Airline’s terms and conditions
applicable to that fare type.
c) It is your responsibility to check and correct any errors in respect of your flight reservations which appear on
the Customer Confirmation Form and Customer Booking Form. Chloorokop Travel & Tours accepts no liability for incorrect
details provided by you.
d) Airfares are only guaranteed once final payment has been received and the air ticket has been issued.
e) If any Airline levies additional or increased airport taxes and fuel charges at any stage prior to your flight,
you agree that such an increase will be for your account and shall be payable to Chloorokop Travel & Tours or to the Airline if
instructed to do so.
f) You must reconfirm all onward and return flights with the relevant airline at least 72 hours prior to your flight.
g) Chloorokop Travel & Tours cannot guarantee any airline seating or meal requests. However, Chloorokop Travel & Tours will endeavour to assist
you in this regard.
h) All of your baggage and personal belongings are at all times at your responsibility. Chloorokop Travel & Tours will not accept
any liability for your misplaced baggage or any loss or damage to your baggage or personal effects.
i) Should you cancel your air ticket, the cancellation will be subject to the relevant Airline’s terms and conditions
applicable to that fare type.
j) Should a refund be granted by the relevant Airline, it may be subject to a delay. Chloorokop Travel & Tours will only be obliged
to refund any amounts once it receives them from the relevant airline.
k) Air tickets which are unused for more than 1 year from the date of their issue are considered as expired and
must be submitted to the relevant airline for their authority to refund. Chloorokop Travel & Tours will make every effort to
assist you in obtaining this refund but cannot provide you with any guarantees in this regard.
l) Chloorokop Travel & Tours will provide you with an e-ticket reference number together with a full itinerary, once the air ticket
has been fully paid for.
m) In the event of a Voluntary Change, you will be responsible for the difference in all applicable fares and taxes.
10. BUGGAGE RULES
a) You must ensure that you meet the baggage regulations of the airlines and charter companies that you will
be using. Chloorokop Travel & Tours recommends that you seek the advice of its Travel consultant. However, you remain
responsible for ensuring you meet the baggage regulations of each airline and charter company you travel
with.
b) In particular, light aircraft flights have extraordinary baggage regulations which include but are not limited to
weight, structure and shape. Chloorokop Travel & Tours recommends that you seek the advice of its Travel Consultant.
c) If you do not adhere to the relevant baggage regulations, the transfer of your baggage may be delayed and/or
transferred at extra cost to you.
11.PASSPORTS AND VISAS
a) You must ensure that you meet the necessary travel documentation, permit and/or visa regulations of the
countries you intend entering, transiting or visiting. Chloorokop Travel & Tours recommends that you seek the advice of its
Travel Consultant. However, you remain responsible for ensuring you meet these regulations.
b) Your passport must have sufficient blank visa pages available in accordance with the regulations of various
African countries. A minimum of 2 adjacent blank pages per country to be entered, transited or visited is
recommended.
c) Your passport must be valid for the prescribed period contained in the applicable regulations of the countries
you will be entering, transiting and/or visiting. A minimum of 12 months after travel date is recommended.
d) If you are travelling alone with minor children, you will need to provide a letter of consent from the absent
parent/s that the children are allowed to travel with you.
12.INNOCULATIONS, IMMUNISATION AND MEDICATION
a) You must ensure that you meet the immunisation, inoculation and medication regulations of various
countries. Chloorokop Travel & Tours recommends you seek the advice of its Travel Consultant and review the guidelines
displayed on its website relating immunisation, inoculation and medication regulations. However, you remain
ultimately responsible for ensuring you meet the immunisation, inoculation and medication regulations
requirements of each country your visit.
b) It is your obligation to ensure that you are medically fit to travel.
13.CHILD POLICY
1 A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided unless otherwise agreed in writing by Chloorokop.
2 Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking.
3 Certain accommodation establishments refuse permission to children under the age of 12 years, such as certain private game lodges. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier.
4 Suppliers, which allow children under 12, may have restrictions regarding activities, in which children may partake. This is at the discretion of the supplier and needs to be confirmed with Chloorokop at the time of booking. Chloorokop cannot be held liable for any changes to the suppliers’ child policy.
14.MONEYBACK GUARANTEE
a) As part of your travel package, Chloorokop Travel & Tours provides a Money Back Guarantee. This guarantee is not meant
to replace the comprehensive travel insurance recommended above. Instead, it provides financial protection
(up to a maximum sum) in the event that a third party supplier (as defined) is unable to provide its
services or products due to its own financial failure and that the losses incurred by you as a result cannot
be recovered by any other means.
b) The full terms and conditions and exclusions pertaining to this guarantee are available here. Please be sure to
read these terms and conditions carefully to ensure that you understand the extent and conditions of the
scope setting out when the Money Back Guarantee will apply.
c) Subject to the terms and conditions referred to above, the undertaking terms of the Money Back Guarantee includes:
i. Any financial losses suffered as a result of pre-departure cancellation by a third party supplier where
it is impossible to replace that element of your trip, or
ii. In the event that it is possible to replace the cancelled element of your trip, then the cost of replacing
that element, or
iii. The cost of repatriating you to your original point of departure where your trip is curtailed in the
event that it is impossible to replace the unavailable travel component.
d) In addition to the exclusions contained in the full terms and conditions, the guarantee excludes:
i. Losses which are recoverable under insurance cover
ii. Losses where the supplier was in financial distress already at the time of your travel booking
iii. Losses arising from any travel arrangement not booked through Chloorokop Travel & Tours
iv. Losses arising from exceptional events like pandemics, war, riots, etc. (refer to events as stipulated in the
definition of “force majeure” in this document.
v. Losses arising from a voluntary cancellation by you of the portion of your trip that is still possible.
e) In order to apply for a refund under this guarantee, you need to notify Chloorokop Travel & Tours within 3 (three) months
of the relevant incident of your intention to apply for a refund and provide the evidence necessary to
justify a refund.
16.PHOTOGRAPHIC MATERIAL
Chloorokop Travel & Tours shall be entitled to take photographs, films and videos (including in electronic format) of the client during his excursions, as well as at any time during the client’s sojourns in Africa for the duration of the services provided in terms hereof.Chloorokop Travel & Tours , at its sole discretion, may use such photographic, film and video material so taken, for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.
PART C:LEGAL – APPLICABLE LAW
17. GENERAL
a) No amendment, addition or consensual cancellation of this Agreement will be binding unless it is recorded in
writing.
b) These Terms and Conditions together with the Customer Booking Form and the Customer Quotation contain
all the terms and conditions of the agreement between you and Chloorokop Travel & Tours . Make sure that everything you
have agreed to has been recorded in this Agreement. If there is any conflict between the provisions of these
documents, the provisions of the Customer Booking Form will prevail.
c) If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed
from the remaining provisions, without affecting the remainder of the agreement.
d) Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance
insist on them.
e) This Agreement shall be governed by the laws of the Republic of Botswana and shall be enforced by the
courts within the Republic of Botswana.
f) You consent to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that the amount involved
may exceed the jurisdiction of the Magistrate’s Court.
g) If Chloorokop Travel & Tours has to bring legal proceedings against you to enforce payments of amounts owed to it, you shall
be responsible to pay all costs Chloorokop Travel & Tours incurs in collecting the payment on the scale as between
attorney and client.
h) You shall not be entitled to cede any of your rights or assign any of your obligations under this Agreement.
i) If Chloorokop Travel & Tours is prevented from carrying out all or any of its obligations under this Agreement because of an
event beyond its control, Chloorokop Travel & Tours shall be relieved of its obligations under the Agreement during the period
that such event and its consequences continue, but only to the extent so prevented and shall not be liable for
any delay or failure in the performance of any such obligations or loss or damages which you may suffer due to
such delay or failure.
j) Updated versions of this Agreement may be sent to you from time to time as and when our policies and
procedures change and when external factors such as legislative updates require. Please make sure that
you read these amended terms and conditions carefully and raise any queries that you may have.
18.ADDRESSES FOR NOTICES AND LEGAL PROCESS
a) The Parties choose the following physical addresses at which documents in legal proceedings in connection
with this Agreement may be served (i.e. their domicilia citandi et executandi) and at which any written notice
in connection with this Agreement may be addressed:
i.CHLOOROKOP TRAVEL AND TOURS : PLOT 22039, TAKATOKWANE STREET, G-WEST, GABORONE, BOTSWANA.
ii. You: The address provided by you on the Customer Booking Form.
b) Either of the parties may change this address to another address, by way of a notice to the other party to this
Agreement, provided that such a notice is received at least 7 days prior to such a change taking effect.
19.VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
No variation or alteration of these standard terms and conditions of contract shall be binding on Chloorokop unless embodied in a written document signed by a member of Chloorokop. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
20.NON-WAIVER
No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppal against Chloorokop Travel & Tours in respect of its rights herein, nor shall it operate so as to preclude Chloorokop Travel & Tours thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
21.CONFIDENTIALITY AND COMMUNICATION
a) Chloorokop Travel & Tours undertakes to take all reasonable and necessary steps to protect your personal information.
b) You authorise Chloorokop Travel & Tours to electronically record and store the following information for the purposes of
communicating information requested by you and in order to provide you with access to restricted pages on
the Chloorokop Travel & Tours website and related websites
i. Your full name and surnames;
ii. Your Contact telephone numbers;
iii. Your Electronic mail address;
iv. Your IP address;
v. Your User selected username and password;
vi. Your Non-personal browsing habits and click patterns;
vii. Your Profile information; and
viii. Your Travel information.