STANDARD TRADING TERMS AND CONDITIONS FOR AFRICABOUND ADVENTURES LIMITED – ATOL T7648
Any references within the Standard Trading Terms and Conditions or on the Africabound Adventures website www.africaboundadventures.com and www.africaboundadventures.co.uk to “we”, “our” and “us” are references to Africabound Adventures. Access to any information provided by Africabound Adventures is conditional on your acceptance of the following legal information. All bookings are subject to our applicable booking conditions. Clients/customers must identify themselves as being residents of a particular country at the time of booking and ascertain the applicable booking conditions. The Africabound Adventures website or other information and promotional material provided by Africabound Adventures may not contain all the information relevant to any holiday or travel arrangements you book with us. Access to this website is conditional upon your agreement that all information contained in it and all matters which arise between you and us will be governed by the laws of England and Wales. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of England and Wales only, to the exclusion of the Courts of any other country. Liability will be limited within reasonable cause for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material provided by us and/or use of or access to any other information or material via web links from our website or any inability to access or use this website. These limitations of liability apply only to the extent permitted by the laws of England and Wales and not by the laws of any other country and, except for information or material accessed via websites or supplied by an identified Third Party, are consistent with our applicable booking conditions. If any of these limits of liability, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that limited liability or part thereof shall be deemed severable and shall not affect the validity or enforceability of the other liability(s) or part(s) of the liability(s) in question.
AFRICABOUND shall mean AFRICABOUND ADVENTURES LIMITED. The TRAVEL AGENT shall mean any travel agent or tour operator which deals with AFRICABOUND for the conclusion of a Fully Inclusive Tour (FIT) and/or Group RESERVATIONS. The CUSTOMER shall mean any CUSTOMER booked on an itinerary either directly through AFRICABOUND or a TRAVEL AGENT. The PURCHASOR shall mean the person responsible for the payment of the RESERVATION. If the PURCHASOR is not the CUSTOMER booked on the itinerary, then the PURCHASOR assumes all liability for the CUSTOMER in terms of payment for the RESERVATION and other appropriate clauses. RESERVATION shall have the meaning generally attributed to it within the travel and tourism industry, being bookings made on behalf of Independent Travellers or members of a Travel group. TARIFF shall mean the fare or cost of a RESERVATION issued by AFRICABOUND for services provided to CUSTOMERS and/or TRAVEL AGENTS.
These are the complete AFRICABOUND standard trading terms and conditions and limit the liability of AFRICABOUND to the TRAVEL AGENT and/or CUSTOMER. All RESERVATIONS made with AFRICABOUND by the TRAVEL AGENT and/or CUSTOMER is subject to these standard trading terms and conditions. CUSTOMERS must identify themselves as being residents of a particular country at the time of booking and ascertain the applicable booking conditions. AFRICABOUND uses a large number of suppliers and it is therefore not possible to list all their terms and conditions applicable to deposit, payment, itinerary amendment, refunds, cancellation policies or other requirements. These specific terms and conditions for each supplier must however be strictly adhered to. Should you wish to examine them please contact your AFRICABOUND travel consultant. AFRICABOUND holds no responsibility for penalties incurred relating to these separate terms and conditions. The information provided by AFRICABOUND may not contain all the information relevant to any holiday or travel arrangements you may book with AFRICABOUND. AFRICABOUND will be bound by limited liability within reasonable cause for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material provided by AFRICABOUND. The copyright of the material contained on the AFRICABOUND website, brochures, flyers and other marketing material belongs to AFRICABOUND or the relevant Licensors. No part of this material may be copied without the express permission of the relevant copyright holder.
3. TARIFF AND DETAILS
All tariffs quoted are subject to change without prior notice. AFRICABOUND reserves the right to amend these tariffs from time to time in accordance with increases in airfares, hotel rates, entrance fees to game parks, government and regional levies and taxes, and currency fluctuations. Airfares are subject to the TARIFFS and conditions quoted by the carrier airline and cannot be guaranteed by AFRICABOUND. All information contained in AFRICABOUND’S publications, itineraries and quotations are to the best of AFRICABOUND’S knowledge and belief as true and correct. Any discounts applicable to minor children are set out in the quotation. The TRAVEL AGENT and/or CUSTOMER are accordingly advised to check all details of the RESERVATION (including the TARIFF) at the time of booking, before confirming any RESERVATION and prior to making final payment. Tour packages or promotions will detail the inclusions listed. Prices quoted do not include any items or services not specified on AFRICABOUND’S invoice. Typical items not included (this should not be considered an exhaustive list) may be a tour guide, government, airline, airport and security taxes, costs of obtaining visas and passports, telephone calls, laundry, entertainment arrangements, gratuities and portage, meals and beverages, airfares or any other item of a personal nature not specified in the itinerary. Special requests must be made at time of booking. AFRICABOUND will endeavour to assist with these special requests, which will be for the cost of the traveller, but cannot guarantee that such requests will be met.
All RESERVATIONS made by any TRAVEL AGENT or CUSTOMER shall be subject to availability and requires written confirmation by AFRICABOUND. On confirmation of the booking the TRAVEL AGENT or CUSTOMER shall pay AFRICABOUND a non-refundable deposit of 30% of the total price of the itinerary. In the event of it being necessary to deliver documents to the TRAVEL AGENT and/or CUSTOMER for any reason other than negligence on the part of AFRICABOUND, the costs incurred shall be borne by the said CUSTOMER or TRAVEL AGENT. In order to secure a firm RESERVATION the TRAVEL AGENT and/or CUSTOMER shall confirm each such RESERVATION, in writing, not less than 30 days prior to the CUSTOMER’S departure or such later date as AFRICABOUND may agree to in writing.
5. PAYMENT AND PENALTY FEES
AFRICABOUND reserves the right to cancel any RESERVATION for which payment has not been made by the due date, in which event, any deposit paid will be forfeited to AFRICABOUND. A deposit of 30% of the quoted RESERVATION is required to confirm your booking. Full payment for confirmed RESERVATIONS shall be made to AFRICABOUND within the stipulated period applicable to the RESERVATION. All payments shall be made in the currency in which the booking is quoted and invoiced by AFRICABOUND. Any costs incurred in effecting payment, including bank charges and currency exchange loss or gain, shall be for the account of the TRAVEL AGENT or CUSTOMER. AFRICABOUND shall not be obliged to issue any travel documents to TRAVEL AGENTS or CUSTOMERS until such time as payment has been received in full. For RESERVATIONS placed less than 60 days prior to arrival, full payment is required within 72 hours. AFRICABOUND reserves the right to cancel any RESERVATION that has not been paid by the due date. Bank charges must stipulate:
- Name of Group/Party as per previous correspondence
- Arrival date
- Name of AFRICABOUND consultant
- Invoice number
- Specify if deposit or balance
To avoid inconvenience due to delayed receipt of payments, we suggest you provide AFRICABOUND a copy of your transfer order. If not agreed otherwise, well in advance, AFRICABOUND reserves the right to withhold travel services in part or in whole in cases of non-compliance with these payment conditions. The CUSTOMER will be responsible for all costs incurred in such cases. These exclusions extend to any claims of a consequential nature. All bookings cancelled within 60 days prior to departure are subject to the following cancellation fees:
- 50 – 60 days 25%
- 41 – 49 days 50%
- 40 days and less 100%
Amendments made to bookings within the cancellation period will attract the same fees as the above cancellation policy. Amendments after documents are issued, regardless of how far in advance, are subject to a maximum charge of 25% of the value of the booking. Confirmation of booking and payment of the deposit shall constitute acceptance of the standard trading terms and conditions for AFRICABOUND.
Should a TRAVEL AGENT or CUSTOMER wish to cancel a RESERVATION, they shall do so in writing, and no cancellation shall be effected unless acknowledged by AFRICABOUND, in writing, subject to the following clauses; In the event of a confirmed RESERVATION being cancelled in the period specified in the tour cancellation policy, the TRVEL AGENT or CUSTOMER shall be liable for the stipulated cancellation fees which shall be payable forthwith. AFRICABOUND reserves the right to claim a cancellation fee of up to 100% of the total package TARIFF as a pre-estimation of damages.
7. REFUNDS AND AMENDMENTS
The TRAVEL AGENT or CUSTOMER acknowledges that, in keeping with the policy adopted by tour operators worldwide, AFRICABOUND shall be entitled to cancel any RESERVATION prior to the commencement of the RESERVATION itinerary and in any such case refund the TRAVEL AGENT or CUSTOMER the entire amount paid to that date and the TRAVEL AGENT or CUSTOMER shall have no further claim of whatsoever nature against AFRICABOUND for such cancellation. Accordingly, amendments to confirmed RESERVATIONS at any time prior to departure will be made subject to the conditions that the CUSTOMER is liable for all additional costs of whatsoever nature arising there from. In the unlikely event of there being an unscheduled extension to a CUSTOMER’S itinerary after departure, due to circumstances such as flight delays, bad weather, schedule changes, strikes or anything else beyond the control of AFRICABOUND, it is agreed that extra expenses incurred will be for the account of the CUSTOMER. AFRICABOUND is not liable for consequential damages. Whilst every effort is made to keep to all confirmed itineraries, AFRICABOUND reserves the right to make changes for your convenience and does not accept any liability for changes required. Because AFRICABOUND plans arrangements in advance, does not own or control the airlines, hotels and/or other supplier companies who will provide travel components, changes and even cancellations can occasionally become necessary. If any accommodations, excursions or other services in the RESERVATION are not available for any reason whatsoever, or should AFRICABOUND deem it necessary, AFRICABOUND shall be entitled to make similar alternative arrangements at the same TARIFF and at standards as at that which are not available and no claim shall arise against AFRICABOUND as a result of such unavailability. AFRICABOUND shall not be obliged to refund any amount paid for any RESERVATION which has not been used by any CUSTOMER.
8. DISABLED PASSENGERS
There are a number of service providers that offer wheelchair and disabled facilities. However, some service providers such as charter companies may levy an additional charge for the transportation of wheelchairs.
9. WILD ANIMALS
Please be aware that these safaris may take you into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. Neither AFRICABOUND, nor their employees, or other agents can be held responsible for any injury or incident whilst on safari. Also note that most camps are not fenced. It must be accepted that there may be some risk of danger in an area where wild animals roam free. Every precaution is taken by the hotels, lodges, camps, properties and other service providers to ensure their CUSTOMERS’ safety, however you will be asked to sign a disclaimer of liability upon check-in.
The TRAVEL AGENT or CUSTOMER acknowledges and accepts that AFRICABOUND at all times acts only as a tour operator/organiser on behalf of its service/holiday providers and liability will be limited within reasonable cause, dependent on circumstances, for any loss, damage, injury, accident, delay or any other irregularity howsoever arising, whether to persons, their luggage or other items in their possession. AFRICABOUND shall have no liability to the customer for any delay in the performance of the contract to the extent that such delay is due to any events outside AFRICABOUND’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lockouts, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events All activities associated with the RESERVATION are undertaken at the CUSTOMER’S risk. The TRAVEL AGENT and/or CUSTOMER shall ensure that it and/or the CUSTOMER takes out comprehensive travel insurance (including Trip Cancellation/Curtailment and Medical Evacuation and Hospitalisation). AFRICABOUND shall not be liable if a CUSTOMER should fail to take adequate insurance cover.
11. ACKNOWLEDGEMENTS BY OPERATOR/CUSTOMER
The TRAVEL AGENT and/or CUSTOMER acknowledges and accepts AFRICABOUNDS’ standard trading terms and conditions prior to entering into a contract with AFRICABOUND and that; Transportation on scheduled and day tours will be determined based on the number of CUSTOMERS booked and AFRICABOUND reserves the right to use either smaller or larger vehicles/aircraft at their discretion. Airlines and some vehicle operators limit the weight of luggage which can be carried by CUSTOMERS and that no claim shall arise against AFRICABOUND in the event of a CUSTOMER not being permitted to carry any luggage item or being required to effect payment for excess luggage. The responsibility to obtain proper, current and valid passports, visas, re-entry permits, vaccinations, inoculations and the like, where required, is that of the CUSTOMER alone. AFRICABOUND shall not be held responsible or liable for any consequences of any nature arising from the CUSTOMER failing to ensure that he/she has complied with all such requirements. Information on obtaining the above is on our website and brochures. Any costs incurred by AFRICABOUND in assisting such CUSTOMER in the event of the above shall be recoverable from the customer in advance. Any arrangements, whether for air travel, accommodation or otherwise which are made by AFRICABOUND on behalf of the TRAVEL AGENT and/or CUSTOMER shall be subject to the standard terms and conditions of the service provider which will be applicable and shall bind the TRAVEL AGENT and/or CUSTOMER. AFRICABOUND, as tour operators/organisers on behalf of its service/holiday providers, shall not be liable for any loss or damages which the TRAVEL AGENT and/or CUSTOMERS may not be able to recover from the service provider by virtue of the applicability of such terms and conditions. The CUSTOMER and/or PURCHASOR shall be liable to pay the cost of the original RESERVATION and any additional RESERVATION not included in the original itinerary.
12. YOUR FINANCIAL PROTECTION
“When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.”
“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”
“If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”
The TRAVEL AGENT and/or CUSTOMER acknowledge that these complete standard trading terms and conditions are incorporated in and form part of the TARIFF and may be altered from time to time. This document together with AFRICABOUND’S standard booking form, invoice and itinerary, constitutes the sole record of the RESERVATION agreement between the parties. The TRAVEL AGENT and/or CUSTOMER acknowledges that the provisions of this RESERVATION agreement shall be deemed to be amended from time to time as and when AFRICABOUND’S terms and conditions of trade are amended and extend to this RESERVATION agreement. This RESERVATION agreement embodies the entire understanding of the parties and there are no terms, conditions or warranties, whether express or implied, other than those contained herein.
This document together with the AFRICABOUND booking form, invoice and itinerary, constitutes the sole record of the RESERVATION agreement between the parties. No party shall be bound by any representation, warranty and promise of the like not recorded herein. No alteration or addition to any portion of the RESERVATION agreement shall be of any force or effect, unless in writing and signed by both parties hereto. All costs and disbursements, including legal costs on the attorney and CUSTOMER scale incurred by AFRICABOUND in recovering any payments payable by the CUSTOMER to AFRICABOUND shall be for the CUSTOMERS account. This RESERVATION agreement shall in all respects be governed by and construed in accordance with the laws of England and Wales. Any RESERVATION made by the TRAVEL AGENT and/or CUSTOMER with AFRICABOUND and any dispute of whatsoever nature which may arise there from shall be subject to the laws of England and Wales and the TRAVEL AGENT and/or CUSTOMER consents to the exclusive jurisdiction of the High Court of England and Wales for resolution of such dispute to the exclusion of the courts of any other country. The parties hereby choose as their domicillium citandi et executandi for all notices and processes to be given and served in pursuance of this RESERVATION agreement at their respective addresses as given on the AFRICABOUND booking form. Either party may change its domicillium by written notice, delivered by hand or sent by prepaid registered post, to the other party. In this agreement, an expression, which denotes one gender, includes the other gender, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa.