Terms and Conditions of Contract of Top Travel Safari Ltd.
In These Standard Terms and Conditions of Contract:
1. Interpretations
1.1 The headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
1.2 Unless the context clearly indicates a contrary intention, words importing one gender includes 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 Safari Ltd”
shall refer to the registered Company under the Companies Act 2002 of Tanzania and duly recognized 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 Safari Ltd 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 Safari Ltd 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 Safari Ltd 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 Safari Ltd 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 a foregoing
2. About the Booking Terms and Conditions
2.1 These Booking Terms and Conditions apply to bookings made directly from Clients or agents booking on behalf of the Client.
2.2 Bookings 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.
2.3 Top Travel Safari Ltd reserves the rights to change the price and associated booking terms and cancellations fee and conditions at any time without any prior consent of the Clients. This includes changes done because of change of government taxes and third parties services 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 Safari 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 Safari Ltd Acting As Agent Only
In terms of these standard trading conditions, and any contract(s) concluded pursuant hereto, Top Travel Safari Ltd acts as agent only for and on behalf of the Client in procuring the services. As such, Top Travel Safari Ltd shall procure the services for and behalf of the Client as agent for it with relevant third party service providers concerned. Top Travel Safari Ltd shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
5. Our Terms and Booking
5.1 Top Travel Safari Ltd accepts bookings subject to the terms and conditions.
5.2 Top Travel Safari Ltd reserves the rights to reject any booking which violates theses booking terms and conditions with or without outlining the rejection reasons to the Client.
6. Deposits and Payment
6.1 A thirty percent (30%) deposit is required to secure a booking. This deposit forms part of the payment for the trip and shall be offset to the total amount charged to the Client/agent.
6.2 If the full amount is not paid less than 30 days prior to departure, Top Travel Safari Ltd reserves the right to treat the booking as cancelled and the deposit shall be forfeited.
6.3 Clients/Agents booking within 30 days of tour departure are required to pay the full amount immediately to secure the reservation.
6.4 All bank charges are to be settled by the Client or agent respectively. This includes transaction fees charged by our bank.
6.5 The 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 done 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
8.1 Submit an Online Booking via our website (Note: by submitting the booking form you also accept our Booking Terms and Conditions and our Privacy Policy).
8.2 A 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 event of the failure of any or all 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 Safari Ltd.
8.3 On receipt of the booking form and also on confirming the program details, Top Travel Safari Ltd shall issue the full program Schedule Plus the associated program costs.
8.4 Upon confirmation of the program details and budget by both parties, Top Travel Safari Ltd send the Client the contract and the full invoice of which 30% of the applicable program cost must be deposited to Top Travel Safari Ltd bank account.
8.5 On receipt of the 30% deposit, Top Travel Safari 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.
8.6 The deposit will immediately be refunded if Top Travel Safari Ltd cannot offer you the required services (Please note that reservations cannot be made without a deposit of 30% of the whole safari program cost).
8.7 Final payment shall be effected through a bank deposit 30 days before the trip start date.
8.8 Top Travel Safari Ltd reserves the right to treat the booking as cancelled if the Client will not show up on the 30th Day before the trip start date.
8.9 Late applicants however may join the program only if “accommodation and transport seats are available”.
8.10 Top Travel Safari Ltd reserves the rights to cancel or sub-contract the services to its partners without prior Client’s consent.
9 Cancelations:
9.1 Cancellation Policy:
9.1.1 Top Travel Safari Ltd accepts that our Clients are humans and sometimes they face unforeseen circumstances that force them to postpone and or cancel their trips. Due to this fact, we allow our Clients to cancel their confirmed trips at any time.
9.1.2 A cancellation fee for cancellations done between 0-90 days prior to trip start date will be charged to cover any expenses incurred by Top Travel Safari Ltd in respect to this trip arrangement. Procedures on how this fee will be charged is detailed under clause 9.2 below
9.1.3 Top Travel Safari Ltd also extends apology to the affected Clients if Top Travel Safari Ltd cancels any confirmed booking mainly due to extremely unforeseen circumstances like those mentioned in clause 14.1 below that occurs within some or all of the program areas to be visited.
9.1.4 Cancellation insurance is compulsory for all Clients expecting to obtain services from Top Travel Safari 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 Safari Ltd .
9.2 Cancelation by the Client
9.2.1 Official Cancelation by the client by submitting the Cancelation Request via default email or website cancelation form. (Note phone call follow up is highly recommended to avoid any miss communication in between)
9.2.2 If 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 program cost will be charged.
b. If cancelled between 60 – 30 days prior to program start date, a cancellation fee of 30% of the program cost will be charged.
c. If cancelled between 29 – 14 days prior to program start date, a cancellation fee of 75% of the program cost will be charged.
d. If cancelled between 13 – 7 days prior to program start date, a cancellation fee of 95% of the program cost will be charged.
e. If cancelled between 0 – 6 days prior to program start date, no refund to 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 during the course of a booking terminating it for whatever reason, no refund shall be made unless with the prior written approval of a member of Top Travel Safari Ltd.
9.2.3 Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
9.2.4 Any 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 50US$ administrative charge.
b. Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Top Travel Safari Ltd bankers, less a US$50 administrative charge.
c. Forex transfers: the relevant cancellation fee, less actual bank charges debited by, Top Travel Safari Ltd bankers, less a US$50 administrative charge.
d. Cash payments: the relevant administration charges, less actual bank charges debited by Top Travel Safari Ltd bankers, less a 50US$ administrative charge.
9.3 Cancellation by Top Travel Safari Ltd
9.3.1 Official Cancelation by Top Travel Safari Ltd by submitting the Cancelation Request via Client default email.
9.3.2 If the cancellation is done by Top Travel Safari Ltd, all booking deposits will be refunded to the Client on cash or via the provided bank account by the Client
9.3.3 Top Travel Safari Ltd may also cancel the trip because of external reasons like those mention in clause 14 below. If this happens Top Travel Safari Ltd will not be responsible for any refund due to any prior expenses incurred by the company in relation to this trip. If this happen, a client will bear the prior expenses paid to book hotels, equipment and any other prepaid cash. Top Travel Safari Ltd will therefore refund the balances after deducting those expenses.
10 Change of Booking by the Client:
10.1 After 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
10.2 To postpone a program, a client will be required to follow the clause 8 Booking Procedures above
11 Change of Booking by Top Travel Safari Ltd :
11.1 The Client is aware that the itineraries are flexible and will depend on local conditions. Top Travel Safari 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.
11.2 The Client hereby indemnifies and holds Top Travel Safari Ltd harmless in respect of any such claim.
11.3 Top Travel Safari 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 Safari Ltd liability to the Client and persons under his authority. Note that full refund will not be applicable if reasons for cancelation are external as explained above
12 Right Of Retention
Until such time as Top Travel Safari Ltd has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limited 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 Safari Ltd so as to give it a right of retention or lien in respect of the documents.
13 Baggage
13.1 The Client is aware that the baggage is restricted to 12kgs in a soft bag (this includes camera equipment and carry-on bag) due to safety and limited space.
13.2 Top Travel Safari Ltd can in most cases, arrange for extra baggage to be stored or taken to the camp, lodge or hotel at an additional cost.
13.3 All baggage and personal effects are at all times the Clients risk and Top Travel Safari Ltd cannot accept liability for any loss of baggage or personal effects.
14. Travel Documents
14.1 The Client acknowledges that it is his responsibility to ensure that he/she is in possession of the necessary valid travel documents, passport, visas, vaccination certificates, etc.
14.2 Even though Top Travel Safari Ltd will Endeavour to assist the passenger in this regard, such assistance should be at the Top Travel Safari 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.
14.3 The Client acknowledges that Top Travel Safari Ltd will not be held liable to a refund of the tour fare or compensation, should the client be refused entry into a country for any reason.
15. Insurance:
15.1 The Client accept take with him/her a comprehensive travel insurance to cover his/her personal requirements. This insurance should include cover in the 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.
15.2 Top Travel Safari Ltd , including their representatives, employees and agents will take no responsibility for any costs, blosses incurred or suffered by the guests, or guest’s dependants or traveling companions, with regards to, but not limited to, any of the above mentioned eventualities.
15.3 Clients 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
16.1 Neither Top Travel Safari 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, loss or damage caused by delays, sickness, theft, injury or death.
16.2 In addition Top Travel Safari 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 or interference or any other cause whatsoever, the extra expenses incurred as a result thereof shall be the responsibility of passenger.
16.3 Top Travel Safari 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 it shall be entitled to do so in the event of the illness or the illegal or incompatible behavior 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 to a reasonable code of conduct during the safari and will not in any way constitute a nuisance to the other parsons on tour.
16.4 The Client acknowledges that the services arranged by Top Travel Safari Ltd , whether in civilized or remote areas by plane, vehicle, train, dugout canoe, canoe, boat, horseback, other conveyance or by foot, contains 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.
16.5 The Client acknowledges that such risks may be present at any time before, during or after the tour arranged by Top Travel Safari Ltd , and that medical services and facilities may not be readily available during the tour.
16.6 The Client expressly assumes any and all risks with respect to the activities and circumstances described herein and agrees not to sue Top Travel Safari Ltd , on account of any losses, claims, costs, liabilities or damages.
16.7 The Client agrees not to allege the unenforceability of this 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:
17.1 The 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.
17.2 Top Travel Safari 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 Safari Ltd’s Control:
18.1 The 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 Safari Ltd and can delay and change the performance of the trip.
18.2 The 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 on all tours and acknowledges that it is responsibility to take comprehensive travel insurance. Top Travel Safari Ltd , will accept no liability whatsoever.
19. Airline Responsibility:
19.1 The 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.
19.2 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’: Marketing and Publicity
19.3 Top Travel Safari 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 authorizes Top Travel Safari Ltd to retain copyright for these photographs and such material.
19.4 Top Travel Safari Ltd also request Clients to leave a review and recommendation if any in the website URL and or office quest book. The company also request the client to give consent on whether these information (names, emails, phone and comments by the client) should be used for marketing and publicity or not
20. Binding Code and Compliance
20.1 The decisions of Top Travel Safari Ltd guide/driver on tour shall at all times be final and binding.
20.2 The Client must at all times comply with the laws, customs and foreign exchange regulations of all Countries visited.
21. Risk
21.1 The Client accepts that all tours are of an adventurous nature and involve an element of personal risk. Neither Top Travel Safari 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 Safari Ltd , and will hold the Company, its agent, assigns and servants harmless from any such claim.
21.2 The 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 this Terms and Conditions, whether the Client has signed the booking form or not. The terms under which you agree to take these trip, cannot be changed or amended except in writing signed by an authorized member of Top Travel Safari 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.
