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Terms & Conditions for Overland
African Safaris
BOOKING TERMS AND CONDITIONS
1. DEFINITIONS & PARTIES
a) In these Booking Conditions, the “Company” shall mean WildLife
Adventures (Reg. Number: 2007/034329/07).
b) The “Client” is the person or persons listed on the Booking
Form.
c) A “trip” is any tour, trip, safari, expedition or combination
of sections that has its own Trip Name and Trip Code as reflected in both
the brochure and on the website.
d) “Force Majeure” means any situation or event that is beyond
the Company's control. This could be war, riot, civil strife, terrorist
activity, industrial disputes, natural or industrial disasters, fire,
adverse weather conditions or Acts of God. It could also include governmental
obstacles and changes to local transport operators schedules (like ferry
companies.)
2. CONTRACT
a) No contract shall exist between the Company and the Client, until the
Company:
• receives a signed Booking Form
• receives a non-refundable deposit or 25% (twenty five percent)
of the Trip Price
• receives a signed copy of the Booking Terms and Conditions
• issues the Client, or their travel agent, a written confirmation
b) A contract is entered into between the Company and the Client. The
person who signs the Booking Form represents and warrants to the Company,
that they are authorised to sign the form and accepts all these conditions
on behalf of themselves and each of their travelling companions including
any minors who may be accompanying them.
c) No persons, organisation or employee of the Company has any authority
to vary these Booking Conditions. Neither do they have any authority to
alter any information printed in the brochure or on the website.
d) The Company and its agents reserve the right to decline any booking.
The Company also reserves the right to cancel any booking at its discretion
in the event the Company believes the Client to be unsuited to the trip
booked.
e) Should any of these Terms and Conditions be held to be invalid, unlawful
or unenforceable, such Terms and Conditions will be severable from the
remaining Terms and Conditions, which will continue to be valid and enforceable.
If any Term or Condition held to be invalid is capable of amendment to
render it valid, the parties agree to negotiate an amendment to remove
the invalidity.
f) This contract (including its validity, existence and implementation,
the interpretation and application of its provisions, the respective rights
and obligations of the parties in terms of and arising out of the conclusion,
breach and termination of the provisions of this agreement), shall be
interpreted and governed in all respects by the laws of England.
3. PAYMENTS
a) A non-refundable deposit of 50% (fifty percent) of the Trip Price is
required from each Client when submitting the Booking Form to confirm
the booking. This deposit will only be refunded if the Client cannot be
accommodated.
b) The balance of the Trip Price due by the Client to the Company shall
be payable not less than 42 (forty two) days prior to the date of a trip’s
departure.
c) If the full amount is not received in the due time, the Company reserves
the right to treat the booking as a cancellation and the Client will be
subject to the Cancellation Fees detailed below.
d) Payment made to an agent does not guarantee the booking, should that
agent default in payment to The Company.
4. CANCELLATIONS
a) Any cancellations made by the Client must be in writing to the Company.
The date on which the correspondence is received by the Company will determine
the Cancellation Fees.
b) Fees applicable in the event of a cancellation will be as follows:
Days Prior to Departure % of Trip Price
More than 42 25
42 to 28 35
27 to 14 50
13 to 7 75
Less than 7 100
c) Should the Client fail to join a trip, or join it after departure or
leave it prior to its completion, no refund will be made whatsoever.
d) The Company reserves the right to cancel any trip for any reason more
than 42 (forty two) days prior to the departure date. In this case the
Client will be refunded any money they have paid to the Company and that
will be the extent of the Company’s liability.
e) The Company reserves the right to cancel any trip for reasons of Force
Majeure less than 42 (forty two) days prior to the departure date. In
this case the Client will be refunded any money they have paid to the
Company, less reasonable expenses the Company has incurred, and that will
be the extent of the Company’s liability.
f) Should the Client fail to pay the balance of the Trip Price in the
due time, the Company will cancel the booking and no monies already paid
to the Company will be refunded.
g) The Cancellation Fees detailed above are only in relation to the Trip
Price and do not include any extra services booked like Airport Transfers
and Accommodation. These cancellation fees may be as high as 100% (one
hundred percent) and the Client is still liable for their payment.
5. TRANSFERS AND AMENDMENTS
a) If the Client wants to transfer from one trip to another,
the Company must be informed in writing. The Client must complete and
sign a new Booking Form and, if necessary, provide an additional deposit
(if more than 42 (forty two) days prior to the trip’s departure)
or balance of Trip Price (if less than 42 (forty two) days prior to the
trip’s departure.) The date on which the correspondence is received
by The Company will determine the transfer charge.
b) Charges applicable in the event of a transfer will be as follows:
Days Prior to Departure % of Trip Price
More than 42 0
42 to 28 35
27 to 14 50
13 to 7 75
Less than 7 100
c) Any non-recoverable expenses are not included in the Transfer Fee and
the Client will still be liable for these.
d) The Client cannot transfer their trip to another person.
6. PRICES
a) The Company reserves the right to change their rates at any time prior
to the contract being entered into. In the event that these rates are
altered, the Client will be advised at the time of booking.
b) The Company endeavours not to increase the cost of the trip once the
contract has been entered into. However, the cost to run a trip is calculated
up to 18 (eighteen) months in advance and increases in running the trip
like, but not exclusively, transportation costs, accommodation costs and
fluctuations in the exchange rates, may make an increase unavoidable.
c) Should a surcharge be payable, the Company will immediately notify
the Client of such.
d) The Company will not add a surcharge to a trip less than 28 (twenty
eight) days prior to a trip’s departure.
e) The Company will not impose a surcharge of more than 20% (twenty percent)
of the original Trip Price.
f) Should a surcharge be payable, the Client must pay said surcharge prior
to joining the trip.
7. ITINERARIES
a) The documentation provided by the Company (e.g. Trip Dossiers, Brochures,
Website, etc.) is set out in good faith as statements of intent only and
changes to the itinerary, vehicle and equipment use, etc. may be made
where deemed necessary by the Company.
b) Any additional expenses, incurred through deviations to the itineraries
because of Force Majeure or reasons considered advisable by the Company
will be for the Client’s account.
c) The Client accepts that Force Majeure may preclude the Company from
providing services or following the itinerary as detailed in the Trip
Dossier.
d) The Company will not refund any monies paid for unused services which
are included in the Trip Price.
8. CHANGES
a) The Company reserves the right to make changes to the trip any time
prior to the contract being entered into. In the event that any aspect
of the trip is altered, the Client will be advised at the time of their
booking.
b) The Company endeavours not to make changes to the trip once the contract
has been entered into. However, because of the unpredictability of travel
in many of the areas visited, changes prior to a trip’s departure
may be unavoidable. Where this alteration is significant (i.e. where a
major deviation to the itinerary is made) the Company undertakes to inform
the Client as soon as possible.
c) Due to the nature of the areas we travel through significant changes
can and do occur after a trip’s departure, over which the Company
has no control. The Company will make alternative arrangements like changing
the method of transport and/or the itinerary if Force Majeure, breakdowns,
accidents, sickness, etc. necessitate such a change. The Company cannot
be held responsible for compensation or additional expenses incurred.
9. COMPLAINTS
a) If the Client has a complaint about the trip, such complaint must immediately
be raised with the Trip Leader or the Company’s Head Office so that,
if possible, a solution can be found.
b) Failing resolution, the Client must make any complaint within 28 (twenty
eight) days of the trip’s finish date.
c) This complaint must be made in writing.
10. COMPANY RESPONSIBILITY
a) All information in documentation provided by the Company (e.g. Trip
Dossiers, Brochure, Website, etc.) has been set out with reasonable care
and is published in good faith. Where the Company is acting as an agent
on the Client’s behalf (e.g. when booking facilities/services used
before, during the course of or after the trip), it does so on the explicit
condition that it cannot be held responsible for any loss, damage, injury,
additional expenses or breaches of contract resulting directly or indirectly
from the actions or omissions of the suppliers or independent parties
with whom these arrangements have been made.
b) The Company cannot be held responsible:
• If there has been no fault on the part of the Company or its suppliers
and the cause was the Client’s fault or the fault of someone not
associated with the trip whose actions were not foreseeable.
• If the cause was the fault of unforeseeable circumstances beyond
the Company’s or its suppliers control, the results of which were
unavoidable even though every caution was taken.
• If the cause was the fault of the Client having taken part in
any activity which does not form part of the original trip arrangements,
even though they may be supervised, arranged or recommended by the Company
or its representatives (e.g. bungy jumping, rafting, ballooning or other
such activities of a risky nature.)
• Where a disease or illness is contracted during or after the trip.
Should the Client need to leave the trip because of such, no refund whatsoever
will be forthcoming and the Client will be responsible for all expenses
incurred for the treatment of their illness and as a result of having
to leave the trip.
• For any information or advice provided by a travel agent unless
such information has been provided to the travel agent by the Company.
In the case of such information and advice not having been provided by
the Company, the responsibility must lie with the travel agent.
• For a travel agent not providing or providing incorrect advice,
information or documents, which the Company has given to the travel agent.
• Where the Company has provided advice and information on travel
documents, visas, climate, spending money, clothing, equipment, etc. This
advice and information has been set out with reasonable care and is published
in good faith, but without responsibility on the part of the Company.
• For any advice or information provided by the Company’s
crew. This advice and information has been given in good faith, but without
responsibility on the part of the Company.
• For any Client’s luggage or personal effects.
c) The Company, its employees and agents cannot be held responsible for
expenses, inconvenience, loss of enjoyment or anything else caused by
the Client’s non-compliance with any of responsibilities listed
below.
11. CLIENT RESPONSIBILITY
a) The nature of the Company’s trips may involve an element of personal
risk and potential hazard not normally associated with holiday tours.
The Client must accept these risks and hazards.
b) The Client must accept that safety standards of suppliers of accommodation,
local transport and other operators in most of the countries visited will
not be of the same standard as in their home country.
c) The Client must make themselves aware through the various government
agency warnings and advisories (e.g. British Foreign & Commonwealth
Office, US Department of State) with regard to the safety of countries
and areas through which they’ll be travelling and to make their
own decisions accordingly.
d) The Client must arrange suitable adventure travel insurance with benefits
that cover personal accident, medical expenses including repatriation
and loss and damage to personal effects. It is suggested insurance is
also taken out to cover any expenses related to the cancellation or curtailment
of any trip. Should the Client not have adequate travel insurance, they
may not be allowed to join the trip.
e) The Client is to get professional medical advice before travelling
and to take all necessary health precautions and preventative measures.
f) The Client is responsible for informing the Company, at the time of
booking, of any known disabilities or medical conditions, or, if not known
at the time of booking, as soon they become known. Any Client found to
have failed to disclose this information, may be directed to leave the
trip. No refund whatsoever will be forthcoming and the Client will be
responsible for all expenses incurred as a result of having to leave the
trip.
g) The Company’s crew have authority to make difficult decisions.
Should the Client present a medical condition, the crew may insist they
seek medical advice. If the Client refuses to act upon this advice, thereby
putting the other members of the trip in danger or at risk, the Client
may be asked to leave the trip. This includes physical, mental and behavioural
conditions. No refund whatsoever will be forthcoming and the Client will
be responsible for all expenses incurred as a result of having to leave
the trip.
h) The Client must check the documents issued for trips and services booked
through the Company and should there be any mistakes, immediately notify
the Company of such.
i) The Client must adhere to the trip joining instructions given to them.
j) The Client must comply with all current passport, visa and health requirements
needed for each of the countries the trips travel through.
k) The Client must abide by the laws and customs of the countries visited.
The Company has absolute discretion to direct the Client to leave the
trip if they disobey such laws and customs. No refund whatsoever will
be forthcoming and the Client will be responsible for all expenses incurred
as a result of having to leave the trip.
l) The Client must not put the welfare of the group, individual member,
members or themselves in jeopardy. The Company has absolute discretion
to direct the Client to leave the trip if this is found to be the case.
No refund whatsoever will be forthcoming and the Client will be responsible
for all expenses incurred as a result of having to leave the trip.
m) The Client must reimburse the Company for any expenses incurred on
behalf of the Client.
n) The Client must be aware that the Company’s crew, agents and
representatives may take photographs and film footage throughout the trip.
The Company reserves the right to use such media for marketing purposes
without obtaining consent from the Client. The Company also reserves the
right to use any Client comments, either verbal or written, for marketing
purposes without obtaining consent from the Client.
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