1. Who we are

These terms govern the relationship between Nomaluma (Pty) Ltd (2026/343671/07), a company incorporated in South Africa (“Nomaluma”, “we”, “us”, “our”), and you, the person making or benefiting from a booking (“you”, “the Traveller”). Our contact details and Information Officer are set out in our Privacy Notice.
 

2. Definitions

• “Trip” – the tailor-made travel arrangements described in your Itinerary.

• “Itinerary” – the written schedule of services we confirm for you.

• “Supplier” – any independent third party that delivers a service in your Itinerary (lodge, camp, hotel, airline, transfer or activity operator, ground handler).

• “Total Trip Cost” – the total price of your confirmed Itinerary.
   

3. The capacity in which we act

3.1 We arrange travel in two different capacities, and your rights and our responsibilities differ depending on which applies to a particular service:

1. As your agent. For most accommodation, transfers, activities and flights, we act as your disclosed agent, arranging services that are supplied and delivered by independent Suppliers. Your contract for those services is with the relevant Supplier, subject to that Supplier’s own terms. We are not the supplier of those services.

2. As principal. For certain services that we purchase and resell to you as part of a package we design, we act as principal, and we are responsible to you for those services in accordance with these terms and the CPA.

3.2 We will tell you, on request, the capacity in which we act for any particular service.
 

4. Booking and confirmation

4.1 A booking is confirmed only once we issue written confirmation and you have paid the required deposit.
4.2 You are responsible for checking your Itinerary and telling us immediately of any error.
4.3 By paying the deposit you confirm you have authority to make the booking for all travellers named, and that they accept these terms.
 

5. Payment

5.1 A deposit of 25% of the Total Trip Cost is payable on confirmation and is non-refundable, save as required by law (see clause 7.5).
5.2 The balance of the Total Trip Cost is payable no later than 60 days before the Trip start date.
5.3 If the balance is not received by the due date, we may treat the booking as cancelled by you and apply clause 7.

5.4 How you pay. Payment is made by electronic funds transfer, or by card through a secure third-party payment gateway on which you enter your own card details. We do not ask for, receive or store full card numbers or card security codes.

5.5 Client money. Amounts you pay towards a Trip are received and held in a designated client account and are applied to arranging and paying for your Trip. We pay Suppliers from these funds. Until a portion of your payment is earned by us as our fee, or applied to a Supplier on your behalf, it is held for the purpose of your Trip and is not treated as our general income.
 

6. Prices, taxes and currency

6.1 Prices are based on Supplier rates, park, concession and government fees, fuel costs and exchange rates at the date of quotation.
6.2 Where a service is priced in a currency other than the currency of your quote, we convert at an indicative rate at the date of quotation. Because rates fluctuate, we may adjust the amount payable if the applicable exchange rate moves by more than [0.5%] between quotation and payment. We will notify you before any adjustment takes effect.
6.3 If such an adjustment increases the Total Trip Cost by more than [5%], you may cancel and receive a refund of all amounts not yet committed to Suppliers.
 

7. Cancellation by you

7.1 All cancellations must be in writing and take effect on the date we receive them.
7.2 If you cancel more than 60 days before the Trip start date, you forfeit the 25% non-refundable deposit.
7.3 If you cancel 60 days or fewer before the Trip start date, you forfeit 100% of the Total Trip Cost.
7.4 We do not refund any amount if you fail to start the Trip, join late, or leave early.
7.5 Despite clauses 7.2–7.4, we will not impose a cancellation charge where you cannot honour the booking because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made (section 17(5) CPA).
7.6 The charges above reflect costs we reasonably incur and amounts we are committed to pay Suppliers that we are generally unable to recover once a booking is confirmed, having regard to the nature of the services, the notice you give, our ability to resell, and general industry practice (section 17(4) CPA). If we recover any amount from a Supplier after your cancellation, we will pass it to you less non-recoverable costs and a reasonable administration fee.
 

8. Changes or cancellation by us or a Supplier

8.1 Itineraries in remote areas can change at short notice. We may make minor changes and will tell you as soon as we can.
8.2 If we or a Supplier must make a significant change or cancel, we will offer you a comparable alternative where possible or a refund of recoverable amounts under clause 11.
 

9. Travel insurance

Comprehensive travel insurance — covering at least cancellation, curtailment, medical costs, emergency evacuation and repatriation — is a condition of travel. You travel at your own risk if you do not hold adequate cover.
 

10. Passports, visas and health

You are responsible for valid travel documents, visas, and health and vaccination requirements for every country on your Itinerary, and for any documentation required for minors travelling across borders. We will assist where we can but are not liable for entry refused due to non-compliance.
 

11. Events beyond our control (force majeure)

11.1 We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, extreme weather, fire, flood, epidemic or pandemic, government or border action, civil unrest, strikes, terrorism, acts of war, or Supplier insolvency. 11.2 If such an event affects your Trip, we will use reasonable efforts to rearrange it or arrange alternatives. We will refund amounts that are recoverable from Suppliers, less costs we cannot recover and a reasonable administration fee; amounts Suppliers do not refund to us are not refundable to you. Travel insurance is intended to cover this risk.
 

12. Our liability

12.1 Nothing in these terms excludes or limits our liability for death or personal injury caused by our gross negligence or wilful misconduct, for fraud, or for any liability that cannot lawfully be excluded under the CPA.
12.2 Where we act as your agent (clause 3.1(a)), we are not liable for the acts, omissions or default of any Supplier.
12.3 Where we act as principal (clause 3.1(b)), our total liability for any claim is limited to the amount you paid us for the specific service giving rise to the claim, except for liability under 12.1.
12.4 We are not liable for indirect or consequential loss.
12.5 This clause is subject to your rights under the CPA, which these terms do not limit or exclude.
 

13. Complaints

Tell us about any problem during your Trip immediately so we can try to resolve it. Unresolved complaints may be referred to the Consumer Goods and Services Ombud or the relevant tourism authority.
 

14. General

14.1 These terms and your Itinerary are the whole agreement between us.
14.2 If any clause is unenforceable, the rest stand.
14.3 These terms are governed by South African law, and the South African courts have jurisdiction. 14.4 We process personal information in line with our Privacy Notice and POPIA.
 

Acceptance: By paying your deposit you confirm you have read, understood and agree to these Terms & Conditions.