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Booking Conditions
Before you book: please read carefully all our general information, the
detailed information for your chosen trip, and the following booking
conditions. Our trips are based on a minimum group size (shown under
each trip) and will run once this number is reached. If you have
any queries before you book, please contact us to talk them through to
your satisfaction. Arrangements made over the phone are
provisional only and must be confirmed by you with a completed booking
form received within 10 days.
When you book: you
(the client) are making a legally binding contract with us (EAST
AFRICAN ADVENTURE LTD [EAA]), once we accept your booking. You
have read all our relevant information and booking conditions and you
guarantee the correctness of the information you supply on the
completed Booking Form. Please include on your Booking Form any
supplement items extensions special requests or extras and we will do
our best to arrange them. You sign the Booking Form and accept
all the conditions on behalf of all others named in the booking, or
added subsequently. You send payment of your deposit of 10% of
the trip cost per person subject to a minimum of £100 (or $200)
per person. If you book within 8 weeks of your departure date,
the full trip cost is payable when booking. Deposits are held
until a contract exists when they become non-refundable.
Upon receipt of your booking we will issue a Booking Receipt that will
detail your trip price based on current flight prices and exchange
rates, or we will contact you should there be any problem with your
booking. If we do not hear from you with any queries within 10
days from date of Booking Receipt we will issue a confirmation invoice
accepting your booking and a contract will then exist. It is a
condition of the contract that you and all other party members must
have appropriate insurance (see below) either by buying insurance
offered through us or by an equivalent policy. It is recommended
for your protection that this insurance is in force at the time of
booking. The English courts will settle any dispute arising from
your contract, unless you are eligible to prefer the courts of Scotland
or Northern Ireland instead.
After you have booked:
Your financial protection When you buy an ATOL protected air package from East
African Adventure you will receive a confirmation invoice from us
confirming your arrangements and your protection under our Air Travel
Organiser's Licence number 9283. In the unlikely event of
our insolvency, the CAA will ensure that you are not stranded abroad
and will arrange to refund any money you have paid to us for an advance
booking. Not all holiday or travel services offered and sold by
us will be protected by the ATOL Scheme. Please ask us to confirm
what protection may apply to your booking. For further
information, visit the ATOL website at www.atol.org.uk.
Confirmation invoice will
be issued by us when all booking details and trip prices can be
confirmed and agreed and will state the date by which the balance is
payable.
Payment of balance is due not less than 8 weeks before departure
date. No reminders will be sent. If the
balance has not been paid by the due date we reserve the right to
cancel your booking and apply cancellation charges.
Trip
prices advertised by us may be varied
at any time, but your trip price (including flights - see below),
national park fees and any other charges will be confirmed in your
confirmation invoice. Thereafter, the only surcharges that may
adjust your trip price would result from the minimum group size not
being reached, from cost changes caused by airlines (see 'Flights'
below), from exchange rate movements or from Government
action. Our advertised prices are based on £1 sterling at
an exchange rate of US$1.59 (from Financial Times at 3 August
2010).
We will refund any reduction in excess of 2% of the trip price
(excluding insurance and amendment charges) resulting from the items
above. We will absorb any increase up to 2% of the
trip price and will charge you for increases above 2%. If
surcharges increase your trip price as stated in the confirmation
invoice by more than 10% and you do not accept this increase, you have
the choice of transferring to another trip (see below) if available, or
cancelling and receiving a full refund, excluding any charges for
insurance or amendments; if you wish to cancel under this option you
must do so within 14 days of the issue date of the final invoice.
If necessary, we will issue a final invoice or credit around 8 weeks
before departure date but in any event there will be no adjustment to
trip price within 4 weeks of departure.
Flights forming part
of the booking are subject to the standard conditions of the relevant
airline (which are available on request) and not ours. Our
advertised trip prices include estimated prices for international
flights based on the best airline fare information available at the
beginning of each year. Air ticket prices vary according to time
of year and the length of time between booking and flying - earlier
booking generally leads to cheaper flight prices. It is only
after receipt of your booking that actual flight prices can be obtained
and these will be included in the Confirmation Invoice. We may
also check the price and availability of special promotion air tickets
from our preferred airline for your trip to see if savings could be
obtained for you. If so, we generally recommend in our Booking
Receipt that you pay us immediately for your flights. Once you
have paid us for your air tickets, not only can we secure and book the
best available flights for you, but also fix the prices and prevent any
subsequent flight surcharges.
Travel insurance must
include cover for cancellation and curtailment, medical expenses and
repatriation, helicopter evacuation, injury, death, personal
possessions and liability. Every client joining one of our trips
must have appropriate and adequate insurance cover for the whole
trip. We recommend it is in place at the time of booking and that
you purchase the insurance we offer (see Insurance under General
Information) which is tailored to our type of trip. It is
important you understand before you take out cover what is and what is
not covered by the policy and it properly covers your participation in
our trip. If you offer alternative insurance cover for your trip
you are responsible for its suitability as we do not check alternative
policies. Should it be necessary in a medical emergency for you
to be rescued or evacuated, you will be responsible to pay for those
costs. You must ensure your insurance cover is sufficient
for your baggage and personal possessions that are at your own risk: we
have no responsibility for any damage or loss of your possessions.
Cancellation by you can
be at any time but must be made in writing by recorded or registered
post to our office by the person signing the booking form. If
cancellation is by one or more members of your party it may increase
the trip cost for each of the remaining party members still
travelling. Pre-paid air tickets are non-refundable but your
insurance policy may cover cancellation charges.
| Period before departure from date
cancellation notice received by us |
Cancellation
charge as % of trip price |
| more than 8 weeks |
deposit only & any
air ticket cancellation charges |
| between 8 weeks &
4 weeks |
50% & any
non-recoverable park fees and extras |
| between 4 weeks &
2 weeks |
75% & any
non-recoverable park fees and extras |
| less than 2 weeks (or
fail to join trip) |
100% & any
non-recoverable park fees and extras |
Cancellation by us after
confirmation but prior to departure is our reserved right in any
circumstances. If the minimum group size is not
reached we may cancel the trip not less than 4 weeks before departure
or give you the option to proceed on a requoted basis. We may
also cancel for reasons of Force Majeure, or non-payment of trip, or
lack of or inadequate insurance cover.
If we cancel your trip or make a major change (see below) that you
decide is unacceptable then you have the choice of either accepting an
alternative trip if available (with an appropriate price increase or
refund) or receiving a full refund.
If we cancel your trip for reasons other than above, we will pay you
compensation based on the number of weeks that we notify you before
departure. More than 8 weeks - £nil; between 8 weeks
& 4 weeks - £20 (or $40); between 4 weeks & 2 weeks
- £35 (or $70); less than 2 weeks - £50 (or
$100). Force Majeure means unusual and
unforeseeable circumstances beyond our control and include amongst
others war, riot, civil strife, terrorist activity, industrial dispute,
natural or nuclear disaster, adverse weather and environmental
conditions, fire.
Changes by you after
we have issued your confirmation invoice, including
transferring to another trip, must be requested in writing by
the person signing the booking form. We will do our best to try
to accommodate your request but cannot guarantee it. An
administration fee of £25 (or $50) plus any additional costs
charged to us by our suppliers will be charged for each amendment to a
confirmed booking or for transferring to another trip. You are
advised to request changes as early as possible as costs to change a
confirmed booking often increase the closer to departure date.
Some suppliers, especially airlines, may charge not only a 100%
cancellation fee but also the price of a new air ticket. Please
note that it is not possible to transfer to another trip later than 10
weeks before departure; any transfer request within the 10 week period
will be regarded as a cancellation and the cancellation charges above
will apply.
Changes by us may
have to be made at any time and we reserve our right to do so.
Our trips are adventurous by nature and take place in Africa where
local ways and culture often differ from ours. When you book it
is essential that you accept that you may have to show patience and
flexibility during your trip and tolerance to change and its
consequences. We will always endeavour to do all we can to
minimise disruption but, however well planned a trip, it may be
necessary for our people on the ground to make minor changes (to a
comparable standard subject to availability) according to local
conditions and situations at the time. Our trip itineraries
should therefore be regarded as an indication of what is to be achieved
rather than detailed contractual obligations. Should a
flight be delayed during your trip the policy and conditions of that
airline will apply. If a minor change is made we will endeavour
to notify you as soon as possible before departure.
A major change to your trip is a change of departure airport (unless
the substitute airport serves the same city), a change in your UK
departure flight time of more than 24 hours (12 hours for trips of 10
days or less), or a change to a lower than expected grade of
accommodation. In the event of a major change we will notify you
with your options (detailed above under 'Cancellation by us') and if
you decide to cancel we will pay you compensation as above unless the
major change is caused by Force Majeure. All other changes are
minor and minor changes carry no entitlement to compensation or
cancellation without penalty.
During your trip, if a Force Majeure causes your trip to be cut short
neither refund nor compensation will be made.
During your trip, if it has to be cut short for reasons other than
Force Majeure we will endeavour to make suitable alternative
arrangements subject to local circumstances at no extra cost to you.
Your responsibilities include
supplying correct information on your Booking Form; (we will not be
responsible for any bookings we make based on incorrect information
supplied by you). Taking out appropriate and adequate insurance
cover for your trip and carrying proof of insurance with you.
Acknowledging and accepting the risks involved with adventure trips and
your capability to undertake your trip: your booking is accepted on
this understanding. Informing us before you book of any medical
condition or disability you have that may affect you or other group
members on your trip; (we reserve the right to not accept your booking
if in our reasonable judgement your trip is not appropriate for your
disclosed condition or disability). Informing us before you
travel of any relevant change in your medical status; (if you advise of
or if we discover medical problems we reserve the right to cancel your
booking and give a full refund excluding compensation). Checking
with the relevant Embassy/Consulate and complying with all applicable
passport, visa, immigration and health requirements that are specific
to your trip and taking all necessary documentation with you; (we will
not be liable for your non-compliance of any of these requirements and
you will be responsible for any costs we incur resulting from your
non-compliance). Bringing all appropriate clothing and equipment
with you; (we give clothing and equipment advice on our website).
Respecting your local accommodation and being liable for the cost of
any repair or replacement you cause.
Our responsibility is
the proper performance of our contract with you and is limited to the
trip arrangements you have booked with us. We or our
suppliers are not liable if such underperformance is caused by you, by
someone unconnected with the trip, or by anything beyond our control
that neither we nor our suppliers could reasonably have foreseen or
avoided even if exercising all due care. If we are liable, except
in cases of personal injury, illness or death, we will pay reasonable
compensation according to your particular circumstances but limited to
a maximum of twice your trip cost. Our liability and/or
compensation is also limited in accordance with the conditions of
carriage of any company transporting you, and with relevant
international conventions including the Montreal Convention, the Berne
Convention, the Athens Convention and the Paris Convention.
Copies of relevant conventions are available from us on request.
We set a working itinerary for each trip. If you are unable or
decide not to follow the trip itinerary we are not responsible for
supplying any alternative arrangements while you are absent from the
group, and refunds will not be given for any unused services.
Regarding your flight arrangements, in certain circumstances (eg flight
delay or cancellation) you may be entitled to compensation from an
airline under the airline's conditions (copies available from the
airline). If so, responsibility is that of the airline and will
not automatically entitle you to compensation from us. If we are
liable to you for any compensation, then any amount received by you
from an airline will be deducted from our payment to you.
Authority of the trip leader on an adventure trip is fundamental to the safety and
welfare of the group, and itinerary and ultimate success of the
trip. The leader's decision in such matters is final. By
signing our Booking Form you agree to abide by the authority of the
leader, who represents us. If in the opinion of the leader your
behaviour is detrimental to the overall well-being of the group, or
your personal well-being will be at risk by your continuing with the
trip, you may be asked to leave the trip with no entitlement to refund
or compensation.
Complaints must be
made without delay to your trip leader at the time of a problem to give
us the opportunity to investigate the cause and put things right.
Failure to do so may affect your rights under your contract. If
your complaint is not resolved satisfactorily you should make your
complaint in writing to us within 28 days of your return. We
would hope to be able to settle a complaint amicably between us.
However, if we cannot settle amicably any dispute arising out of or in
connection with this contract, the dispute may if you wish be referred
to arbitration. The appointment of a suitable arbitrator will be
at the mutual agreement of both you and us.
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