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Africa-in-Focus Booking Conditions
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| 1. Terms Used |
a)
The "Company" is Africa-in-Focus (UK) Ltd, which is registered in England with limited liability. Registered office: Penlees House, Strete, Nr Dartmouth, S.Devon.TQ6 0RQ, UK. Reg. Number: 4269696.
b)
The "Client" is the person or persons whose name(s) appear on the booking form. |
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| 2. The Contract |
a)
The contract is made only when the Company receives a non-refundable £200 deposit (for 14-21-27 day tours) or £250 (for 43-54-75 day tours) and a signed booking form, and the Company or agent issues a confirmation invoice.
b)
A contract is made between the Company and all those listed on the booking form. The person who signs the booking form does so on behalf of all those listed on the form and is responsible for all those listed having read the booking conditions and agreed to abide by them.
c)
The Company or its agents reserve the right to decline any booking at its discretion. Furthermore the Company reserves the right to cancel any booking at any time at the Company's sole discretion in the event that the Company considers the client to be unsuitable for the tour booked.
d)
The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the English courts. |
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| 3. Payments |
a)
A tour booked more than 56 days before the departure date is subject to a £200 non refundable deposit (for 14-21-27 day tours) or £250 (for 43-54-75 day tours) that must be sent with the booking form. The balance of the tour price must be paid not later than 56 days before the date of the departure, otherwise the Company will treat the booking as cancelled by the client, or clients, and will be subject to the cancellation fees shown below (4a).
b)
A tour booked less than 56 days before the departure is subject to the amount of the tour price being paid in full and sent with the booking form.
c)
The Local Payment is payable to the tour leader before the start of the tour, in US Dollars cash only. The Local Payment covers all camping/accommodation fees and group meals whether these are on or off the expedition truck. Clients have the right to view these accounts but no others. Local Payment is calculated to give the best possible value for money; any monies not used at the end of the tour are divided between individuals and refunded back to clients.
d)
The client acknowledges that payment for the tour is an intrinsic part of the tour income and contributes to the overall costs of equipment, vehicle running costs, staff administration and that the Company will have incurred the largest part of its costs before the actual departure. The client is however advised that in accordance with the EU Directive on “Package Holidays” all clients booking with us are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of their tour arrangements in the unlikely event of our insolvency. |
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| 4. Cancellations and Changes |
a)
If you wish to cancel your trip, you must notify the Company in writing and signed by the same person as on the original booking form. Cancellations will come into effect on the day that the Company receives the notification. The following charges will be levied, depending on how long before the start of the tour the notification is received by the Company.
Days Prior to Departure
Percentage of Holiday Price Payable
56 days or more
Deposit forfeited
42 to 55 days prior
35%
28 to 41 days prior
50%
14 to 27 days prior
75%
Less than 14 days prior
100%
b)
Once the tour has started, no refunds will be made under any circumstances for any unused sector(s) or section(s). No refunds will be made for inclusive activities not undertaken by the client. No inclusive activity is refundable for cash, or transferable to another person.
c)
The Company reserves the right to cancel a tour for any reason more than 56 days before the departure date. In this case any monies paid to the Company towards the tour price will be refunded but that will be the extent of the Company's liability.
d)
Every effort will be made to operate the tours as advertised; however under the circumstances of insufficient numbers on the photographic safari departures, the Company may have to cancel the whole or part of the tour, at any time up to 4 weeks prior to departure. In the event of cancellation, the company will make its best efforts to offer alternative arrangements of a comparable standard - or to make a full and prompt refund of all monies paid to it.
e)
In the rare occurrence of the tour being cancelled within 4 weeks of the departure date for reasons other than force majeure, described below (f), the Company will offer, whenever possible, comparable arrangements - or a full refund of all monies received by the Company from clients booked on that tour. In addition if the Company cancels a tour less than 15 days before the departure date an amount of £35 pounds will be paid to clients, and this will be the full extent of the Company's liability.
f)
Force majeure is any situation or event beyond the Company's control. This could be an act of God, war, terrorist activities, civil strife, riot, industrial disputes, natural or industrial disasters, fire, adverse weather or road conditions, bureaucratic obstacles, or other circumstances amounting to force majeure.
g)
The Company reserves the right to alter routes, schedules, itineraries, amenities and mode of transport, without prior notice, during the period of the tour, due to circumstances or events which affect the stated intentions of the tour. These influences may include, but are not limited to, sickness, mechanical breakdown, events emanating from political disputes, acts of terrorism, entry or border difficulties and other unpredictable or unforeseeable circumstances. In the unlikely event that a tour has to be abandoned due to such circumstances arising, the Company will be entitled to retain monies received as necessary to cover any costs incurred. Any excess will be refunded to clients. |
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| 5. Prices |
a)
The Company reserves the right to vary prices at any time before the contract has been made and, in the event that it does, advice will be given at the time of booking.
b)
The Company guarantees not to surcharge on the price of the trip. However, such a guarantee does not cover increases in kitty payments, nor visa, UK or foreign taxes, nor local operator or any other local costs, which are beyond the control of the Company.
c)
The tour price is inclusive of certain activities that are listed in the brochure or relevant flyer. There are also optional extra activities that are not part of the tour price and these are listed separately from those inclusive of the tour price and are for the client's own expense. |
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| 6. Complaints |
a)
If you have a complaint about your tour, in the first instance you should inform the tour leader so that a remedy can be taken if possible. Otherwise, you must make any complaint within 28 days of the tour finish date, in writing, to the Company's registered address in clause 1(a). |
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| 7. Responsibilities of the Client |
a)
By their very nature, tours in this brochure may involve an element of personal risk and potential hazard not normally associated with holiday tours. Clients must accept these attendant risks and hazards. Clients must also accept that safety standards, be it accommodation, local transport or other operators, are in the most part not of the same standard as those in their home country.
b)
It is the client's responsibility to arrange suitable travel insurance with benefits that cover personal accident, medical expenses, repatriation, loss and damage to personal effects and a copy of this must be shown to the tour leader before the start of the tour. The suggested minimum cover is £250,000. In the event that a client does not have suitable travel insurance, they will not be allowed to join the trip. The expedition vehicle is fully lockable, with individual safes (per couple) and lockable camera lockers and luggage lockers. However it is advisable that extra insurance be taken out to cover camera/video equipment.
c)
It is the client's responsibility to ensure they seek professional medical advice before travelling, and to take all necessary health precautions and preventative measures.
d)
All passport, visas, health certificates, or other travel documents required for the holiday, must be obtained by the client. Any information or advice given by the Company on passports, visas, vaccinations, etc is given in good faith but without responsibility on the part of the Company.
e)
Clients must obtain an onward or return flight ticket prior to departure for Africa. The Company cannot be held responsible if you are refused entry to any country through failure to supply proof of onward travel.
f)
The Client agrees to comply with all laws and regulations, whether in respect of immigration, exchange control, health or any other matter, of all the countries visited during the tour.
g)
The Client agrees to comply with all reasonable instructions and requests by the tour leader and agrees that the tour leader's decision shall be final on all matters relating to the safety, organization and satisfactory progress of the tour.
h)
The Client accepts that the Company's tour vehicle has the benefit only of limited passenger insurance (up to £350,000) and agrees to indemnify the Company and its representatives against any claim or demand made against it by the client or his dependants or personal representatives in respect of any accident, personal injury, disease or loss of life caused to, contracted or suffered by the client during the course of the tour. If the Client is married or has dependants, insurance to cover all of the above is advised.
i)
Clients must be aware that any likeness of themselves secured or taken on any of the tours by our tour leaders, representatives or passengers may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet, without obtaining further consent. The company also reserves the right to use any comments clients make regarding our tours on any questionnaires or letters in future promotional literature
j)
In the event of any breach of these responsibilities, or if the tour leader considers the actions or health of any client is likely to prejudice the safety or well being of all or any members of the tour, or the satisfactory progress of the tour, then he/she shall be entitled to order the client to leave the tour immediately with no refund of the tour price and all liability and responsibility that the Company may bear to the client will immediately cease, including any provision for alternative transport. |
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| 8. Responsibilities of the Company |
a)
The Company accepts responsibility for the arrangements of the tour and the actions of the tour leader and other employees on the tour whilst he/she is carrying out his/her normal duties associated with the running of the tour. This does not include actions of a purely personal nature. The Company has the benefit of only limited passenger insurance for the tour vehicle (see para 7h, above) and during activities provided by the Company itself.
b)
However the Company does not accept any liability in cases of personal injury or death whilst a client is participating in any activities, such as riding, game-walking, canoeing, rafting, bungee-jumping etc, organized by other operators, even if the activity has been pre- arranged and included in the tour price.
c)
The Company does not accept responsibility for any disease or illness contracted by the client during or after the tour, but will do its utmost to assist with any such occurrences or circumstances during the tour.
d)
The Company does not accept any responsibility or liability if a client fails to arrive in time for the departure of a tour and no compensation will be given on the price paid.
e)
The Company does not accept any responsibility for a client's lack of correct travel documentation; and any resulting extra expenses incurred by the client en route for any reason will not be paid for, nor lent as an advance, by the Company.
f)
In exceptional circumstances outside the control of the company, and its agents, such as, but not limited to, circumstances of force majeure such as war, threat of war, political unrest, riots, civil disturbance, terrorist activities, adverse weather conditions, border disputes, acts of God, the Company or its agents cannot be held responsible for any limitations or withdrawal of facilities.
g)
The information given in any of the Company's literature, and/or by the tour leader and his/her crew members, is given in good faith, but no warranty is given that it is correct.
h)
No employee or representative of the Company has authority to commit the Company to any liability whatsoever and the Company will not be bound by any statement or representation unless it is in writing and signed by one of the Directors. |
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AFRICA-IN-FOCUS (UK) Ltd
Penlees House
Strete
Nr Dartmouth
S.Devon
TQ6 0RQ
UK
Tel: +44 (0) 1803 770956
E-mail: info@africa-in-focus.com
(Registered Number: 4269696) |
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