Terms and Conditions of Contract of Top Travel Safaris Tanzania Adventure Ltd.
1. Interpretations
1.1The headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.
1.2Unless the context clearly indicates a contrary intention, words importing one gender include the other two genders, the singular includes the plural and vice versa, and natural persons include created entities (corporate or incorporate) and vice versa.
1.3"Top Travel Safaris Tanzania Adventure Ltd" shall refer to the registered company under the Companies Act 2002 of Tanzania and duly recognised by the Ministry of Natural Resources & Tourism.
1.4"Booking Reservation" means safari, tour, trip or excursion booking.
1.5"The Client" means the person(s) named on the safari booking form (whether it be a provisional or confirmed safari booking form) and who contracts with Top Travel Safaris Tanzania Adventure on the terms and conditions hereunder. The Client shall also include any agent who makes any booking of third party clients in respect of a safari booking. Such agent, as well as the person named on the provisional and the confirmed safari booking form, shall be jointly and severally liable to Top Travel Safaris Tanzania Adventure for the performance of their obligations in terms of these standard trading conditions, as well as any contract(s) made pursuant thereto.
1.6"Member(s)" means any Top Travel Safaris Tanzania Adventure Senior Office Management Staff.
1.7"Services" means the provision of hotel/lodge bookings, transfers, car hire, offers on tours and excursions for the Client in Tanzania and Kenya. Such services include, but shall not be limited to, the procurement by Top Travel Safaris Tanzania Adventure, acting solely as agent for the Client, with third party service providers, of hotel, lodge, backpackers' and bed and breakfast accommodation, National Park reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the foregoing.
2. About the Booking Terms and Conditions
2.1These Booking Terms and Conditions apply to bookings made directly from Clients or agents booking on behalf of the Client.
2.2Bookings and subsequent contracts shall be deemed to have been concluded in Arusha, Tanzania and shall be interpreted according to the laws of the United Republic of Tanzania.
2.3Top Travel Safaris Tanzania Adventure Ltd reserves the right to change the price and associated booking terms and cancellation fees and conditions at any time without any prior consent of the Clients. This includes changes made because of a change of government taxes and third party service fees that greatly affect the booked trip price.
3. Applicability of Standard Terms and Conditions of Contract
All and any business or contracts undertaken or advice, information or services rendered by Top Travel Safaris Tanzania Adventure Ltd in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
4. Top Travel Safaris Tanzania Adventure Ltd acting as agent only
In terms of these standard trading conditions, and any contract(s) concluded pursuant hereto, Top Travel Safaris Tanzania Adventure Ltd acts as agent only for and on behalf of the Client in procuring the services. As such, Top Travel Safaris Tanzania Adventure Ltd shall procure the services for and on behalf of the Client as agent for it with relevant third party service providers concerned. Top Travel Safaris Tanzania Adventure Ltd shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
5. Our terms and booking
5.1Top Travel Safaris Tanzania Adventure Ltd accepts bookings subject to the terms and conditions.
5.2Top Travel Safaris Tanzania Adventure Ltd reserves the right to reject any booking which violates these booking terms and conditions with or without outlining the rejection reasons to the Client.
6. Deposits and payment
6.1A thirty percent (30%) deposit is required to secure a booking. This deposit forms part of the payment for the trip and shall be offset against the total amount charged to the Client/agent.
6.2If the full amount is not paid less than 30 days prior to departure, Top Travel Safaris Tanzania Adventure Ltd reserves the right to treat the booking as cancelled and the deposit shall be forfeited.
6.3Clients/agents booking within 30 days of tour departure are required to pay the full amount immediately to secure the reservation.
6.4All bank charges are to be settled by the Client or agent respectively. This includes transaction fees charged by our bank.
6.5The amount shown on the invoice is the amount that needs to reflect our actual amount charged for the trip excluding bank charges.
7. Booking amendments
For amendments of existing bookings made by the Client/agent (e.g. departure dates, air tickets, accommodation, number of participants etc.) a handling fee of United States Dollars Fifty (USD 50) per booking shall apply. The handling fee shall be charged in addition to the service provider fees. The Client/agent will bear the additional cost caused by the amendments excluding the amendment handling fee.
8. Booking procedures
8.1Submit an online booking via our website https://www.toptravelsafari.com/ (note: by submitting the booking form you also accept our Booking Terms and Conditions and our Privacy Policy).
8.2A Client who submits the booking form and accepts the Booking Terms and Conditions does so on behalf of himself/herself and persons under his/her authority, and warrants that he/she has authority to enter into a contract on behalf of the other persons included in such a booking, and in the event of the failure of any or all of the other persons so included to make payment, the person making the booking shall by his/her signature thereof assume personal liability for the total price of all bookings made by him/her with Top Travel Safaris Tanzania Adventure Ltd.
8.3On receipt of the booking form and also on confirming the programme details, Top Travel Safaris Tanzania Adventure Ltd shall issue the full programme schedule plus the associated programme costs.
8.4Upon confirmation of the programme details and budget by both parties, Top Travel Safaris Tanzania Adventure Ltd sends the Client the contract and the full invoice, of which 30% of the applicable programme cost must be deposited to Top Travel Safaris Tanzania Adventure Ltd's bank account.
8.5On receipt of the 30% deposit, Top Travel Safaris Tanzania Adventure Ltd shall issue the next invoice and officially confirm to reserve the required safari place for the Client, issue a confirmation letter and send safari information, clothing lists, etc.
8.6The deposit will immediately be refunded if Top Travel Safaris Tanzania Adventure cannot offer you the required services (please note that reservations cannot be made without a deposit of 30% of the whole safari programme cost).
8.7Final payment shall be effected through a bank deposit 30 days before the trip start date.
8.8Top Travel Safaris Tanzania Adventure reserves the right to treat the booking as cancelled if the Client does not show up on the 30th day before the trip start date.
8.9Late applicants may join the programme only if accommodation and transport seats are available.
8.10Top Travel Safaris Tanzania Adventure reserves the right to cancel or sub-contract the services to its partners without prior Client consent.
9. Cancellations
9.1 Cancellation policy
9.1.1Top Travel Safaris Tanzania Adventure accepts that our Clients are human and sometimes face unforeseen circumstances that force them to postpone or cancel their trips. Due to this, we allow our Clients to cancel their confirmed trips at any time.
9.1.2A cancellation fee for cancellations made between 0-90 days prior to the trip start date will be charged to cover any expenses incurred by Top Travel Safaris Tanzania Adventure in respect of this trip arrangement. Procedures on how this fee will be charged are detailed under clause 9.2 below.
9.1.3Top Travel Safaris Tanzania Adventure Ltd also extends apology to the affected Clients if Top Travel Safaris Tanzania Adventure Ltd cancels any confirmed booking mainly due to extremely unforeseen circumstances like those mentioned in clause 14.1 below that occur within some or all of the programme areas to be visited.
9.1.4Cancellation insurance is compulsory for all Clients expecting to obtain services from Top Travel Safaris Tanzania Adventure Ltd. It is the Client's responsibility to arrange cancellation insurance. Should a Client fail to join a tour after a departure or leave prior to its completion, no refund or liability will be accepted by Top Travel Safaris Tanzania Adventure Ltd.
9.2 Cancellation by the Client
9.2.1Official cancellation by the Client is made by submitting the cancellation request via default email or website cancellation form (note: a phone call follow-up is highly recommended to avoid any miscommunication in between).
9.2.2If the cancellation is initiated by the Client, the following cancellation fee will apply:
a.If cancelled within 90 days and above, a processing fee of 20% of the whole programme cost will be charged.
b.If cancelled between 60-30 days prior to the programme start date, a cancellation fee of 30% of the programme cost will be charged.
c.If cancelled between 29-14 days prior to the programme start date, a cancellation fee of 75% of the programme cost will be charged.
d.If cancelled between 13-7 days prior to the programme start date, a cancellation fee of 95% of the programme cost will be charged.
e.If cancelled between 0-6 days prior to the programme start date, no refund will be made.
f.No refunds shall however be made to clients who make bookings less than 35 days prior to embarkation (for this purpose, embarkation shall mean the date on which a client is booked to commence travel or to commence an excursion for which the services are booked, whichever is the greater), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In the event of a client terminating a booking during the course of it for whatever reason, no refund shall be made unless with the prior written approval of a member of Top Travel Safaris Tanzania Adventure.
9.2.3Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
9.2.4Any cancellations made, in terms of these standard trading conditions, shall be subject to the following deductions and administrative charges:
a.Refunds to credit cards: the relevant cancellation fee, less a 5 percent credit card surcharge and a US$50 administrative charge.
b.Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Top Travel Safaris Tanzania Adventure's bankers, less a US$50 administrative charge.
c.Forex transfers: the relevant cancellation fee, less actual bank charges debited by Top Travel Safaris Tanzania Adventure's bankers, less a US$50 administrative charge.
d.Cash payments: the relevant administration charges, less actual bank charges debited by Top Travel Safaris Tanzania Adventure's bankers, less a US$50 administrative charge.
9.3 Cancellation by Top Travel Safaris Tanzania Adventure Ltd
9.3.1Official cancellation by Top Travel Safaris Tanzania Adventure Ltd is made by submitting the cancellation request via the Client's default email.
9.3.2If the cancellation is made by Top Travel Safaris Tanzania Adventure Ltd, all booking deposits will be refunded to the Client in cash or via the bank account provided by the Client.
9.3.3Top Travel Safaris Tanzania Adventure Ltd may also cancel the trip because of external reasons like those mentioned in clause 14 below. If this happens, Top Travel Safaris Tanzania Adventure Ltd will not be responsible for any refund due to any prior expenses incurred by the company in relation to this trip. If this happens, the client will bear the prior expenses paid to book hotels, equipment and any other prepaid cash. Top Travel Safaris Tanzania Adventure Ltd will therefore refund the balances after deducting those expenses.
10. Change of booking by the Client
10.1After the booking has been confirmed, should you wish to change to an earlier departure date, you may do so subject to availability by paying a transfer fee of US$25. Normal cancellation fees apply from clause 9.2 above.
10.2To postpone a programme, a client will be required to follow clause 8 (Booking procedures) above.
11. Change of booking by Top Travel Safaris Tanzania Adventure Ltd
11.1The Client is aware that the itineraries are flexible and will depend on local conditions. Top Travel Safaris Tanzania Adventure Ltd will not accept any claims of any nature, including consequential damages, as a result of any accommodation or other facilities made or becoming unavailable on tour.
11.2The Client hereby indemnifies and holds Top Travel Safaris Tanzania Adventure Ltd harmless in respect of any such claim.
11.3Top Travel Safaris Tanzania Adventure Ltd reserves the right to cancel any tours without prior notification. In such events, all monies paid will be refunded in full, which shall constitute the full extent of Top Travel Safaris Tanzania Adventure Ltd's liability to the Client and persons under his authority. Note that a full refund will not be applicable if the reasons for cancellation are external as explained above.
12. Right of retention
Until such time as Top Travel Safaris Tanzania Adventure has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limiting the generality thereof airline tickets, vouchers for accommodation, excursions, meals and entry fees (all of which hereinafter referred to as "the documents") will not be issued or handed over to the client. The provisions of this clause shall entitle Top Travel Safaris Tanzania Adventure to a right of retention or lien in respect of the documents.
13. Baggage
13.1The Client is aware that baggage is restricted to 12 kg in a soft bag (this includes camera equipment and carry-on bag) due to safety and limited space.
13.2Top Travel Safaris Tanzania Adventure Ltd can in most cases arrange for extra baggage to be stored or taken to the camp, lodge or hotel at an additional cost.
13.3All baggage and personal effects are at all times the Client's risk and Top Travel Safaris Tanzania Adventure Ltd cannot accept liability for any loss of baggage or personal effects.
14. Travel documents
14.1The Client acknowledges that it is his/her responsibility to ensure that he/she is in possession of the necessary valid travel documents, passport, visas, vaccination certificates, etc.
14.2Even though Top Travel Safaris Tanzania Adventure Ltd will endeavour to assist the passenger in this regard, such assistance shall be at Top Travel Safaris Tanzania Adventure Ltd's sole discretion. The Client acknowledges that in so doing, the Company is not assuming any obligation or liability, and that nevertheless the responsibility to ensure that the aforesaid documentation is in order and complies with such lawful and other requirements to enable the Client to enjoy the benefits of the tour remains the Client's.
14.3The Client acknowledges that Top Travel Safaris Tanzania Adventure Ltd will not be held liable for a refund of the tour fare or compensation, should the client be refused entry into a country for any reason.
15. Insurance
15.1The Client agrees to take with him/her comprehensive travel insurance to cover his/her personal requirements. This insurance should include cover in respect of, but not limited to, the following eventualities: cancellation and curtailment of the safari and services booked, emergency evacuation expenses, medical expenses, repatriation expenses, damage/theft/loss of personal baggage, money and goods.
15.2Top Travel Safaris Tanzania Adventure Ltd, including its representatives, employees and agents, will take no responsibility for any costs or losses incurred or suffered by the guests, or guests' dependants or travelling companions, with regard to, but not limited to, any of the above-mentioned eventualities.
15.3Clients will be charged directly by the relevant service providers for any emergency services they may require. Please note that credit card travel insurance is inadequate for a safari.
16. Indemnity
16.1Neither Top Travel Safaris Tanzania Adventure Ltd (the Company) nor any person or agent acting for, through or on behalf of the Company shall be liable for any loss or damage whatsoever arising from any cause whatsoever and, without restricting the generality of the foregoing, shall particularly not be responsible for loss or damage arising from any errors or omissions contained in its website, literature or information sources, or loss or damage caused by delays, sickness, theft, injury or death.
16.2In addition, Top Travel Safaris Tanzania Adventure Ltd shall have the right at any time at its discretion to cancel any trip and services or the remainder thereof or make alterations in route, accommodation, price or other details and, in the event of any safari and services being rendered impossible, illegal or inadvisable by weather, strike, war, government interference or any other cause whatsoever, the extra expenses incurred as a result thereof shall be the responsibility of the passenger.
16.3Top Travel Safaris Tanzania Adventure Ltd may at its discretion and without liability or cost to itself at any time cancel or terminate the Client's booking and, in particular without limiting the generality of the foregoing, shall be entitled to do so in the event of the illness or the illegal or incompatible behaviour of the Client, who shall in such circumstances not be entitled to any refund. The Client undertakes and agrees that he/she will, at all times, comply with a reasonable code of conduct during the safari and will not in any way constitute a nuisance to the other persons on tour.
16.4The Client acknowledges that the services arranged by Top Travel Safaris Tanzania Adventure Ltd, whether in civilised or remote areas, by plane, vehicle, train, dugout canoe, canoe, boat, horseback, other conveyance or on foot, contain inherent risks of injury, illness, death, or loss and damage to property, which may be caused by forces of nature, accidents, wild animals, negligence of others, and other causes known or unknown.
16.5The Client acknowledges that such risks may be present at any time before, during or after the tour arranged by Top Travel Safaris Tanzania Adventure Ltd, and that medical services and facilities may not be readily available during the tour.
16.6The Client expressly assumes any and all risks with respect to the activities and circumstances described herein and agrees not to sue Top Travel Safaris Tanzania Adventure Ltd on account of any losses, claims, costs, liabilities or damages.
16.7The Client agrees not to allege the unenforceability of these terms and conditions or part thereof. In the event of any competent authority finding that any portion of this agreement is unenforceable, the remaining portion shall remain in full force and effect. The Client agrees that the foregoing obligation shall be binding.
17. Health
17.1The Client acknowledges being aware of the proposed itinerary and it is the Client's obligation to ensure that he/she is medically fit and able to embark upon such a tour. A medical certificate is required for passengers over 65 years.
17.2Top Travel Safaris Tanzania Adventure Ltd believes that the contents of this website are correct at the time of printing, but all prices and services are subject to change or withdrawal without notice.
18. Factors outside Top Travel Safaris Tanzania Adventure Ltd's control
18.1The Client is aware that unforeseen circumstances due to bad road conditions, bad weather, accident, border closure, political instability, war and violence, government policies and bylaws, earthquakes and related natural disasters and catastrophes etc. are beyond the control of Top Travel Safaris Tanzania Adventure Ltd and can delay and change the performance of the trip.
18.2The cost of flying back home, alternative accommodation, food, personal expenses and all resulting costs are to be borne by the client. The client is aware that insurance is compulsory to participate in all tours and acknowledges that it is his/her responsibility to take comprehensive travel insurance. Top Travel Safaris Tanzania Adventure Ltd will accept no liability whatsoever.
19. Airline responsibility, marketing and publicity
19.1The airlines or other carriers concerned are not held responsible for any accident, omission or event during the time that passengers are not on board their aircraft or conveyance.
19.2The 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.
19.3Top Travel Safaris Tanzania Adventure Ltd reserves the right to use any photographs and videos taken during tours for marketing or any other advertising material. The Client hereby gives consent to use such photographs and authorises Top Travel Safaris Tanzania Adventure Ltd to retain copyright for these photographs and such material.
19.4Top Travel Safaris Tanzania Adventure Ltd also requests Clients to leave a review and recommendation, if any, on the website or in the office guest book. The company also requests the client to give consent on whether this information (names, emails, phone and comments by the client) may be used for marketing and publicity or not.
20. Binding code and compliance
20.1The decisions of Top Travel Safaris Tanzania Adventure Ltd's guide/driver on tour shall at all times be final and binding.
20.2The Client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.
21. Risk
21.1The Client accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither Top Travel Safaris Tanzania Adventure Ltd, nor any of its agents can be held liable in any way for any injury, loss of life or damage to property, howsoever caused. The client hereby indemnifies Top Travel Safaris Tanzania Adventure Ltd, and will hold the Company, its agents, assigns and servants harmless from any such claim.
21.2The Client accepts full responsibility for all risks involved.
22. Price increase
All our prices are based on the current national park fees and taxes. Should the government decide on increasing fees and taxes, even if the Client has booked the trip, we would subsequently have to pass on these increases to the Client.
23. Consent
The payment of the deposit or any other partial payment for a reservation on a safari constitutes consent by all guests covered by that payment to all provisions of the conditions and general information contained in these Terms and Conditions, whether the Client has signed the booking form or not. The terms under which you agree to take this trip cannot be changed or amended except in writing signed by an authorised member of Top Travel Safaris Tanzania Adventure Ltd.
24. Age limits on safaris
Please consult us regarding age policies at the time of booking. If a Client lies about their age, we reserve the right to terminate the safari without compensation.