African Encounters Terms & Conditions
The Contract
1. The client who signifies his acceptance of a booking
does so on behalf of himself and persons under his authority
which means that all are bound by the booking conditions as
if they had individually made the application themselves.
All bookings are made with African Encounters and no person
has any authority on its behalf to vary any of the terms and
conditions which are applicable.
2. A non-refundable deposit of 20% for each person is
required when booking. This booking fee is accepted as part
of the inclusive fare and will only be refunded if the
application cannot be accommodated.
3. The full amount due by the client to African
Encounters shall be payable not less than six weeks prior to
the date of departure. If the full amount is not paid in due
time, African Encounters reserves the right to treat the
booking as cancelled. Bookings made within six weeks of the
departure date must be paid in full immediately.
4. Should the client amend his booking at any stage,
either in the form of a date change, itinerary amendment or
any other change whatsoever, African Encounters reserves the
right to charge an amendment fee of USD 50 per person.
5. If a booking is cancelled with the consent of African
Encounters, the latter shall retain the full deposit. If the
booking is cancelled less than forty two days before
departure, African Encounters shall retain the full deposit
and a cancellation fee will be payable of 25% of the
scheduled airline fares, and 40% of the land arrangements.
If the booking is cancelled less than 30 days prior to
departure a cancellation charge of 25% of the scheduled
airline fare and 65% of the land arrangement costs will be
retained by African Encounters. For cancellation less than
15 days prior to departure a cancellation charge of 25% of
the published air fare and 100% of the land arrangements
will be retained by African Encounters.
6. Should a client fail to join a tour, or fail to use
the accommodation/services booked by African Encounters on
their behalf, for any reason whatsoever, no refund or
liability will be accepted by African Encounters. As agents,
African Encounters act only as agents for the principals and
accordingly accept no liability for any loss or damage which
any passenger may suffer as a result of the failure of such
principals to fulfil their obligations, whether in relation
to travel arrangements, accommodation or otherwise. African
Encounters reserve the right to and shall be entitled to
cancel any tour or product sold prior to departure and in
such case African Encounters shall be obligated to refund
all amounts received by them to that time by the passenger,
who shall have no further claim of whatsoever nature against
African Encounters arising out of such cancellation.
7. Cancellation insurance is compulsory for all African
Encounter’s bookings, and it is the client's
responsibility to arrange cancellation insurance. It is
strongly recommended that clients also take out personal and
baggage insurance.
8. The client acknowledges that the tour price and
itinerary disclosed to him/her at the time of booking, or
alternatively at the time that the contract was concluded,
may be varied by African Encounters from time to time,
without notice to the client, at the discretion of African
Encounters and provided the itinerary is not substantially
different from the itinerary that the client anticipated
enjoying, the client shall not be entitled to cancel the
contract.
9. The client acknowledges that it is his/her
responsibility to ensure that he is possessed of the
necessary travel documents that may be required in respect
of the proposed tour and itinerary as well as all health and
other certificates that may be required from time to time.
10. African Encounters will endeavor to assist the client
in regard to point 8., such assistance will however, be at
African Encounters' discretion, the client acknowledges that
in doing so, African Encounters are not assuming any
obligation or liability and that nevertheless the
responsibility to ensure that the aforesaid documents are in
order and complies with such lawful and other requirements
to enable the client to enjoy the benefits of the tour,
remains the clients.
11. It is recorded that the contract may contemplate a
tour /journey to an area (s) where the client may be exposed
to danger and the client has agreed to execute a waiver of
rights against African Encounters and others as an integral
part of the contract. The client (which shall be deemed to
include the heirs, executors, administrators or assigns of
the client) does hereby irrevocably waive and abandon all
and whatsoever rights which the client may have against
African Encounters, in consequence of any damage, injury or
otherwise of whatsoever nature and howsoever arising which
may be sustained directly or indirectly by the client in
consequence of any act of omission or commission by African
Encounters or other in consequence of the conclusion of the
contract and the client undertaking the tour / journey
contemplated in the contract. In no way derogating from the
foregoing, the client does hereby indemnify, hold harmless
and absolve African Encounters or other , from all and
whatsoever claims which may be tenable by the client as
aforesaid, irrespective of the nature thereof and howsoever
arising.
These terms constitute the entire terms of the
relationship between the parties. There exist no other terms
and conditions regulating their relationship. No amendment
cancellation or waiver of any term or right referred to
herein shall be valid or binding unless reduced to writing
and signed by both parties.
The client acknowledges that save and except for what has
been stated herein, there exist no warranties,
representations, guarantees, promises, undertaking or
inducements of any nature whatsoever. Any matter or things
said by any person on behalf of African Encounters or
purportedly on behalf of African Encounters, irrespective as
to the position such person occupies, and which is not
stated herein, shall not be binding on African Encounters
irrespective as to the nature and extent of any such things,
and the client acknowledges that he/she has not relied on
any matter or thing stated on behalf of African Encounters
that is not included herein.
12. The client agrees that he/she will at all times
comply with African Encounters or others requirements in
regard to his/her conduct, and he/she will not in any way
constitute a nuisance to any other passenger on the tour.
13. When the client is travelling with persons under
his/her authority, he/she warrants that he/she is authorised
to bind every member to the terms of the contract.
14. The airlines or other carriers concerned, are not to
be held responsible for any accident, or omission or event
during the time that the clients are not on board their
aircraft or conveyance. The passengers' contract in use by
the airlines concerned, or by other carriers concerned when
issued shall constitute the sole contract between the
airlines and or carriers and the purchaser of these tours
and or passengers.
15. African Encounters reserves the right to increase the
tour fares due to any increase in airline tariffs, fuel
costs, game reserve fees, or fluctuation of exchange rates.
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