1. RESERVATIONS AND PAYMENTS
a. Reservations should be made by contacting Africa Adventure Consultants, hereinafter referred to as AAC.
b. Safaris are booked and confirmed only on receipt of a 35% advance payment of the basic safari rate and completion of the Pre-Trip Questionnaires from every traveler on the safari. This advance payment is due within ten (10) days of making the reservation. There shall be no binding contract until the advance payment has been received by AAC. Failure to remit your advance payment on time will result in an automatic change of status of any reserved space to a provisional basis and the possible inability to reinstate your reservation. Upon AAC’s receipt of your advance payment, ACC will send you an invoice that will serve as confirmation of your booking.
i. If AAC is NOT making your complete travel arrangements for you, it will be necessary to furnish us with a copy of the confirmation of your transportation arrangements before we confirm our portion of your travel plans. AAC shall not be liable for any penalties or losses incurred as a result of voluntary or involuntary changes to transportation schedules.
ii. Please make all payments by check to: AFRICA ADVENTURE CONSULTANTS.
iii. Alternatively, payments can be made by credit card (VISA, MasterCard, Discover and American Express) or wire transfers. Please contact us for banking and credit card authorization details.
c. The balance is due no later than seventy-five (75) days prior to the commencement of your safari. If the balance has not been received by that date, AAC shall be entitled in its discretion to treat your reservation as canceled, and consequently to forfeit such part of the advance payment as determined solely by AAC. Late payments will be subject to a 5% surcharge on the balance.
d. Any reservation made within seventy-five (75) days of commencement of a safari may be accepted provided space is available, payment in full is received, and provided that travel documents can be delivered prior to departure.
e. AAC will not provide tickets, coupons, vouchers or documents until full payment has been received by AAC.
f. AAC will not accept responsibility for wire transfer and/or overnight mail charges.
g. No client will be permitted to enjoy or to otherwise participate in any booked activities, including, but not limited to, transportation, accommodations, or safaris (tours or other activities), without AAC’s receipt of client’s full payment in advance of the client’s enjoyment of or participation in the booked activities.
h. Special airfares are capacity controlled and often sold out months in advance. In addition, many accommodations offered by AAC have a limited capacity. It is essential to make reservations well in advance to insure your preferred arrangements.
2. CANCELLATION AND REFUNDS
a. On advancement of deposit to AAC, the depositor therefore agrees to be bound by AAC’s Terms and Conditions. Any cancellation of a booking must be in writing and shall only be effective upon its acknowledged receipt by AAC. At the time of cancellation, a full refund or credit will be made, less the following charges:
i. Up to 75 days before departure: 35% of the tour cost
ii. Less than 75 days before departure: 100% of the tour cost
iii. Plus any handling fees, permits, and non-refundable supplier deposits. Additionally, airline tickets are subject to the carrier’s policies. Most tickets are non-refundable.
b. If you are a “no show,” AAC shall be entitled to treat your reservation as canceled without you having given AAC any notice, and the provisions of Paragraph 2.a. shall apply.
c. Any request to amend or change a booking once it has been confirmed may be accommodated subject to space availability. If AAC is able to assist, an administrative fee of $500 per change will be assessed. These fees will be added to your final invoice.
d. No refunds are given (1) for lost travel time or substitution of facilities, (2) for itineraries amended after departure, (3) for circumstances arising beyond the control of AAC, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of your safari, (4) if you do not appear for any accommodation, service, sightseeing or trip segment without notifying AAC, or (5) if you leave your safari after it has begun, or miss any scheduled sightseeing, activities, meals or accommodations.
3. DISCLOSURE
a. AAC acts solely as your booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation and/or other services domestic or abroad. Each of the aforementioned service providers, including their employees, agents, or representatives, as well as the employees, agents, or representatives of their respective suppliers shall each be referred to herein as an “Independent Supplier” and collectively as “Independent Suppliers,” and the goods and services provided by the Independent Suppliers shall be collectively referred to herein as “Independent Supplier Services.” Each Independent Supplier has its own business operations and management that are separate and distinct from AAC and are not subject to any control by AAC.
b. All bookings like those described in Paragraph 3.a. above are accepted by AAC as agent for the Independent Supplier.
c. The transportation, accommodations and other services provided by ground operators are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them or their suppliers.
d. AAC reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any safari or any person at any time, and to pass on to safari members any expenditure incurred by delays or events beyond its control. In case of any appreciable variation in cost, AAC reserves the right to adjust its rates.
4. LIMITATIONS OF LIABILITY
AS DISCLOSED ABOVE, AAC DOES NOT OWN OR HAVE ANY RIGHT TO CONTROL THE OPERATIONS OR MANAGEMENT OF ANY INDEPENDENT SUPPLIER. THEREFORE, YOU AGREE THAT AAC SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF OR RELATE TO ANY INDEPENDENT SUPPLIER SERVICES. AAC EXPRESSLY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH ANY INDEPENDENT SUPPLIER SERVICES, WHETHER SUCH GOODS AND SERVICES ARE PROVIDED DIRECTLY TO YOU, THROUGH AAC’S OFFICE, OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE, OF SUCH INDEPENDENT SUPPLIER, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL OR OTHER PRICE INCREASES, AND OTHER MATTERS OUTSIDE OF AAC’S CONTROL, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AGAINST AAC WITH RESPECT TO THE INDEPENDENT SUPPLIER SERVICES.
5. RISKS
a. AAC directs your attention to the fact that there are certain inherent risks involved in participating in the type of trips sold by AAC. You will be required to sign an Assumption of Risk, Release and Indemnity Agreement to acknowledge this warning and also to release and hold harmless AAC from any damages that may result.
b. It is your sole responsibility to follow all appropriate medical advice given to you prior to departure concerning your fitness to travel. AAC shall not be liable for any illness, injury or death sustained on a safari sold by AAC which is not due to the gross negligence of AAC, its officers, employees, authorized representatives or agents whomsoever.
6. FORCE MAJEURE
a. “Force Majeure” shall mean that AAC will not be liable for any alleged damages because of any circumstances whether foreseeable or unforeseeable including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, labor shortages or strikes, communications or utility interruption or failure, transportation interruption or failure, sickness (including, but not limited to disease, epidemics, pandemics, COVID-19 and other types of coronavirus illnesses, whether ongoing or new), quarantine, U.S. or foreign governmental action, weather conditions or other untoward occurrences.
b. If AAC is affected by Force Majeure it shall forthwith notify you of the nature and extent thereof.
c. AAC shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
d. If AAC is affected by Force Majeure, it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by AAC to you as a result of the non-performance of any of the obligations of AAC hereunder shall remain in its sole and absolute discretion, although AAC shall use its reasonable endeavors to reimburse you where possible. However, AAC shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to AAC of the Force Majeure.
e. Regarding civil unrest, once AAC has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of AAC whether to proceed with the trip. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, AAC is of the opinion that the trip may proceed, no refund will be payable to you and the provisions of Paragraph 2 shall apply.
7. INSURANCE
AAC recommends that you obtain the following types of insurance, which are commercially available: Emergency Medical Evacuation, Accidental Death and Disability, Loss of Personal Effects, Major Medical, and Trip Cancellation.
8. SURCHARGES AND EXCHANGE RATES
a. Although AAC hopes that it would not need to levy surcharges, it reserves the right to do so on the invoice amount, if this becomes necessary. AAC will endeavor to notify you in writing as soon as it is aware of any likely surcharge, and you must pay the amount of such surcharge no later than ten (10) days after written notification has been received (depending on the circumstances). If the surcharge is not paid within such time, AAC may construe such non-payment as an act of cancellation on your part and the provisions of Paragraph 2 shall apply.
b. Rates used in the safaris are based on tariffs and exchange rates valid at the time of printing and advertising safaris. Should a rate vary against the U. S. Dollar by more than 3%, AAC reserves the right to recalculate the safari cost and apply the differential as a surcharge. Any refund made by AAC shall be in its absolute and sole discretion.
9. TERMS AND CONDITIONS
These Terms and Conditions govern the relationship between AAC and you. To the total exclusion of any other terms and conditions. No alterations to the Terms and Conditions may be made by any unauthorized employee of AAC, or authorized representatives or agents, unless in writing by an authorized employee of AAC. All decisions and matters subject to the discretion of AAC shall be made by an authorized officer or employee of AAC.
10. CARRIAGE BY LAND, SEA AND AIR
a. Carriage by Land, Sea and Air is subject to the terms and conditions of the carrier with whom you travel and to international conventions – some of which may limit liability. Land, Sea and Air travel are also subject to operational decisions of carriers and sea ports which may result in cancellations, delays or diversions, over which AAC has no control and for which AAC accepts no liability whatsoever.
b. The passenger contract in use by the transportation companies concerned, when issued, shall constitute the sole contract between the transportation companies and the purchaser of these programs and/or the passengers.
11. BAGGAGE
Temporary or permanent loss of baggage is the responsibility of you or the carrier. Please note that when traveling by light aircraft during your safari, space is limited, and luggage is limited to a weight restriction of 33 – 44 lbs. (depending on aircraft type- some private charters may be less) per passenger, and ONLY soft luggage or duffel bags are allowed. No hard suitcases are allowed, and NO EXCEPTIONS will be made.
12. TRAVEL DOCUMENTS AND VACCINATIONS
It is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license, or other documentation required for the trip are obtained, are up to date and are in order. It is your responsibility to satisfy any additional costs incurred by yourself or by AAC on your behalf as a result of any failure by you to comply with such requirements. Anti-malaria precautions should be commenced prior to departure. Please consult with your physician for more details. Safari clients should bring their own insect repellant as this is often not available in the camps.
13. SPECIAL REQUESTS
You must advise AAC in writing of any special requests, e.g., diet, facility or physical handicap, when you submit your reservation request to AAC, which will be accommodated if reasonably possible.
14. INFORMATION IN BROCHURES / ELECTRONIC ADVERTISEMENTS
All information given in any brochure or otherwise advertised, (including electronic advertisements on the Internet) is, to the best of AAC’s knowledge, correct; however, AAC reserves the right to change any such information at any time and for any reason. The photographs reproduced and information provided depict typical scenes experienced and provide details on each destination; but the subject matter may not necessarily be seen or experienced while visiting that destination.
15. PHOTOGRAPHY
AAC reserves the right without further notice to make use of any photography or film taken on this safari by any staff member, safari guide or operator for general purposes without payment or permission.
16. DISPUTES
If you have any cause for complaint while on safari, you must immediately bring it to the attention of a representative of AAC or it authorized agent, who will attempt to resolve the situation.
17. CONSENT
The payment of the advance payment OR any partial payment for a reservation on a safari constitutes consent to all provisions of the terms and conditions and general information contained in any brochure (electronic or otherwise), invoice and travel documents. The terms under which you agree to take these safaris cannot be changed or amended, except in writing, signed by an authorized officer or employee of AAC.
18. CONDITION OF BOOKING
You shall comply with instructions of any representative of AAC, safari guide or local ground operator at all times. No client shall be accepted or be permitted to continue on a safari while their status or mental or physical condition is, in the opinion of any representative of AAC, safari guide or local ground operator, such as to render them incapable of caring for themselves or make themselves objectionable to other safari clients or become a hazard to themselves or other safari clients and AAC will not be responsible for expenses associated with such person’s preclusion from completing the safari for this reason.
19. NOTICE OF ENFORCEABILITY
Please remember, when you book travel-related services with AAC, you are entering into a binding agreement that assumes that you have carefully read and understood all Terms and Conditions set forth herein. On advancement of deposit to AAC, the depositor therefore agrees to be bound by these Terms and Conditions.
20. CHOICE OF LAW/FORUM.
These Terms and Conditions and the parties’ rights and obligations hereunder shall be governed by the laws of the State of Colorado. Any lawsuit brought concerning the rights and obligations related to these Terms and Conditions shall be within the exclusive jurisdiction and the venue of the Denver District Court, Denver, Colorado.
Updated August 4, 2022