Our Terms and Conditions
Our business focuses on trips to East Africa. In catering to the needs of our clients, we utilize our strength, in-depth and passionate knowledge of Africa, to ensure that their expectations are met. Our services simplify the “Africa” experience for our clients.
While considering clients’ wishes and budget, we connect them with required local suppliers of travel services. We also consider other factors such as level of comfort required, age, time available and intended travel highlights while connecting our clients with local travel service providers.
The services mentioned above are what we offer. For a proper understanding of the nature of the relationship between us and our clients, we have created these terms and conditions. These terms are conditions guide our relationship with our clients and define the services we provide. Do endeavor to go through them. All contracts with us are bound by these terms and conditions.
“African Diurnal Safaris” refers to African Diurnal Safaris and Tours, a close corporation in the Republic of Tanzania.
“Client” – refers to the individual(s) named and identified on the booking form as the confirmed party(ies) undertaking the trip or excursion. By being so named, the parties are bound by these terms and conditions and shall be jointly and severally liable for the performance of the obligations in terms herein. This is notwithstanding that the individual(s) may have been represented by an agent while signing the form. In cases where an agent represents the party(ies), the agent is similarly bound by the terms and conditions. All minors are required to contract with their legal guardians.
“Trip” – refers to tours, excursions, safaris or similar bookings made, as described on the itinerary and booking form attached, with African Diurnal Safaris.
“Quotation” – a written document from African Diurnal Safaris which is marked as such and valid for 30 days from the issuance date for the itemized purpose serving as an invoice for goods and services received or yet to be supplied.
“Services” includes but is not limited to trips, accommodation, transport, and transfers procured by African Diurnal Safaris on behalf of the client with third-party suppliers in and relating to the travel industry.
“You or your” – refers to the client as defined.
“Supplier(s)”– refers to the third-party travel service providers with whom African Diurnal Safaris books services on behalf of clients. They includeincluding tour operators, shuttles, accommodation establishments and safaris.
In interpreting these terms and conditions, headings are used as references only and do not aid in the interpretation. References will be made to the singular and plural forms, while any reference to gender includes both genders. Reference to natural persons will include legal entities.
2. BOOKING PROCEDURE
1. To secure your reservation, you are required to pay 30% (thirty percent) of the fee to African Diurnal Safaris at the time you reserve your booking and submit the completed booking form. The booking will be automatically cancelled if you fail to make the deposit in time.
2. The remaining 70% (seventy percent) should be paid 60 days before the commencement of your booked trip. However, if you book your trip within 60 days of departure, you must make the full payment on the date of reservation to secure your booking.
3. All reservations attract a 3% booking service fee. However, this fee is optional for clients who pay by bank transfer or via our online payment partner, Pay4Free.
4. African Diurnal Safaris receives payments in either Tanzanian Shillings (TZ) or United States Dollars (USD). You will be advised on the currency to make payment in, as you are not at liberty to choose the currency type.
Bank charges incurred when making payments or as a result of foreign exchange differences will be charged to your account in spite of the chosen method of payment.
5. Your reservation could be canceled on account of untimely payments.
6. Despite the issuance of a quotation, African Diurnal Safaris reserves the right to increase a quotation if a supplier increases its prices before the payment is made. A notification of the updated price will be put on the website as soon as possible.
7. If increments occur after you have made full payments for your booking, you will be liable for these increases and will be billed accordingly. Such increments could occur due to factors such as Government Tax and Park Fee increments which affect tourism-related services.
3. WAIVERS, INDEMNITY AND LIABILITY
1. We act as agents between your and travel service providers to secure the best booking. We cannot be held responsible for any defects, changes or cancellations in the bookings or trips, which include, but are not limited to, delays, loss or damages arising from any causes, including dissatisfaction with the booking, or any loss, damage or delay caused by the suppliers or any third party.
2. Services offered by third-party providers are bound by their terms and conditions, and you will be subject to those terms and conditions. Your participation throughout the trip is at your own risk and liability.
3. You hereby indemnify African Diurnal Safaris’ directors, staff, employees, agents and assigns against any claim for loss or damage whatsoever in relations to the services supplied.
4. Claims by you, your agent, executor, heirs or assigns for any compensation for damages or loss from African Diurnal Safaris resulting from injury or any loss occasioned whatsoever, are hereby irrevocably waived. This includes any transportation to or during the trip as well as any illness, injury or death arising during or after the trip.
4. CANCELLATIONS AND REFUND POLICY
1. Only written cancellations will be received and acknowledged as valid by African Diurnal Safaris.
2. Cancellation of bookings is subject to the following conditions:
• 2.1 When bookings are cancelled more than 61 days to departure, the deposit is non-refundable.
• 2.2 When bookings are cancelled 60 days or less to departure, 100% cancellation fee applies with no refunds.
3. We ensure that all bookings are confirmed as soon as possible after deposits are received. Should we fail to secure your booking for any reason, we will strive to procure alternative booking arrangements. Should you find the alternative accommodation unsuitable, African Diurnal Safaris will refund your payment, subject to the terms and conditions of the supplier.
4. African Diurnal Safaris does not give refunds for a no-show or partially used booking.
5. In the unlikely event of a misquotation which leads to a cost implication, we reserve the right to cancel the booking without any liability. Payments will also be refunded. Similarly, African Diurnal Safaris will not be held liable for any error on its website, brochures or other advertising and marketing material. We reserve the right to make corrections once we are aware of such errors. Corrections may result in the cancellation of a booked trip and refund of payments without any liability arising on behalf of African Diurnal Safaris.
6. We reserve the right to correct errors on our website, brochures or other advertising or marketing material with regard to pricing when they are brought to our attention and are not liable for such errors.
5. COMPLAINTS AND DISPUTE RESOLUTION
1. Complaints should be addressed to African Diurnal Safaris via firstname.lastname@example.org
or Mhandu Kasota Plot: 002/518, Near West Grid Tanesco.
2. We typically reply within 30 days of receipt of your complaint and will make every effort to resolve any dispute after investigation with the relevant supplier and the results will be communicated to you in the shortest time possible. Since we act as agents only, we cannot guarantee satisfactory resolution of disputes, as they may be beyond our control.
6. PASSPORTS AND VISAS
1. You are responsible for ensuring proper travel documentation and compliance with immigration laws. We advise that you contact the consular or embassy of your destination country as well as the countries you will be passing through to verify travel requirements. We will not make refunds due to incomplete travel requirements.
2. Your passport must have the required number of blank visa pages in accordance with the regulations of the various African countries. We recommend a minimum of 2 (two) blank pages per country you will be visiting or passing through be available in your passport.
Furthermore, your passport must be valid for the prescribed period in accordance with the applicable regulations of the countries you will visiting or passing through.
3. When travelling with a minor, you will need their unabridged birth certificate. If one parent is travelling with the minor, a letter of consent of the travel from the absent parent will be required.
4. This list does not include all the required travel documents and should not be construed a comprehensive list.
7. CHANGES TO TRAVEL ITINERARIES
1. Although travel through Africa is intended to be fun, spontaneous and adventurous, we will prepare a travel itinerary to meet your needs. However, the travel itinerary may only be a guideline of your trip and is subject to change as there are many factors and conditions, such as extreme weather, political conditions, outbreak and road possibility, beyond the control of African Diurnal Safaris and the suppliers.
2. Should you require alternative arrangements, African Diurnal Safaris will endeavor to provide this in the best way possible. You may, however, incur extra costs for in the process. In cases where alternative arrangements are not available, we will strive to refund the cost of unutilized services to you, subject to the terms and conditions of the supplier. Also, if you choose not to partake in an alternate itinerary, African Diurnal Safaris will strive to make refunds as above subject to recovery from the supplier.
3. Should you require additional transport to the end destination of your trip, African Diurnal Safaris will assist as possible. Additional costs of procuring such transport will be payable by you, as necessary.
8. INOCULATION, IMMUNIZATION AND MEDICATION
1. Inoculation, immunization and medication requirements differ across African countries, and it is essential that you meet the travel requirements. Furthermore, you should be familiar with all diseases, both real and potential, and take the necessary precautions when travelling to and through Africa
2. You are responsible for your health and medical fitness. In some cases, you may be required to provide a medical statement from a medical practitioner to confirm that you are fit and healthy to travel.
9. ILLNESS OR DISABILITY
1. You must openly declare any ongoing illness, disability and medical treatment to African Diurnal Safaris at the time of booking your trip.
Similarly, you must comprehensively advise African Diurnal Safaris about any condition that may affect you or others during your trip at the time of your booking.
2. It is your responsibility to provide required medication or treatment while you are away
3. Failure to declare any conditions, illnesses and disability will constitute a breach of our terms and conditions and may result in your exclusion from a booked trip or excursion without refund.
10. TRAVEL INSURANCE
1. The purchase of sufficient comprehensive travel insurance, which is mandatory, must be confirmed at the time of your booking.
2. On failure to obtain comprehensive travel insurance in time, you will be responsible for all costs arising from the possible need to cancel, re-route or follow different travel arrangements including an emergency medical procedure. African Diurnal Safaris indemnifies itself wholly from any harm, loss or damages suffered as a result.
11. AUTHORITY OF TOUR LEADER
1. The tour leader adopts an authoritative position over the client. For the peace of mind and safety of everyone on the trip, the tour leader must be obeyed at all times during the trip. By booking your trip, you agree to be bound by the decisions and leadership of the tour leader at all times.
2. Similarly, you are obliged to behave responsibly throughout the trip. Any illegal, unwarranted, or inappropriate behavior and/or any behavior which constitutes a nuisance can result in your trip being terminated immediately without refunds.
12. GENERAL LEGALITIES
1. The terms and conditions guiding your trip and our relationship are stated in this document which you agreed to upon completion of your booking form. These terms and conditions will prevail in the event of any contradiction in the documents. You are required to be familiar with them. Expressed or implied terms, representation, promise or the like outside this document shall not bind any party.
2. Both parties, the client and African Diurnal Safaris, will not be bound by any variation, amendment, addition or deletion of these terms unless expressly agreed to by writing. Updates and amendments to the terms and conditions will be necessary at unstipulated intervals due to changes in policy, administration and legislative alterations. Do ensure familiarity with the most recent document.
3. Although the terms and conditions may not be insisted on at all times, relaxation or indulgence do not constitute their waiver. Should any of the terms and conditions as found herein be deemed to be invalid or null and void as determined by a court of law, the rest of the provisions will be fully enacted as if the former had not been included.
5. The Laws of Tanzania govern the terms and conditions of this agreement and supporting documents, and they shall be enforceable within the Republic of Tanzania and its Courts.
6. Actions or proceedings from this document may be brought before the Magistrate Court of Tanzania. In situations where the proceedings are beyond the jurisdiction of the Magistrate Court, African Diurnal Safaris is entitled to bring proceedings the High Court.
7. The costs of recovery and all associated costs will be incurred by the client if African Diurnal Safaris institutes proceedings to recover costs.
8. All responsibilities, rights or obligations in terms of these terms and conditions cannot be assigned or ceded by the client to a third party.
9. African Diurnal Safaris shall not be held liable to continue with its obligations while the cause persists if prevented from carrying out the obligation by forces beyond its control. African Diurnal Safaris shall also not be held liable for any delays or losses or damages which may be incurred as a result.
13. DOMICILIIUM AND NOTICES
1. For notices, payments, serving of any process and other purposes arising out of these terms and conditions and any ancillary documents, the parties choose the domicilium et executandi (domicilium address) as follows:
African Diurnal Safaris – Mhandu Kasota Plot: 002/518, Near West Grid Tanesco..
2. The foregoing address may be changed by either party as long as it is done no later than 7 days before any issue of process or similar by written notice which will be acknowledged by the other party.