Intellectual Property Rights
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Your contract is with African Diurnal Safaris. We draw your attention to the following terms and conditions, which cover all brochures and correspondence and all bookings made with us. Any contract with African Diurnal Safaris is subject to these terms and conditions from which no person has the authority to depart. Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking you are liable to be regarded as having had the opportunity to do so and to have actually done so before the contract between us comes into existence.
African Diurnal Safaris will create a tailor made holiday to suit your personal needs. A binding contract comes into existence between us when:
We receive a deposit of 30% of the quote price, or
When we receive full payment of the holiday when the booking is made less than 45 days before your departure date.
No contract will exist between the parties until such monies have been received. We require full payment to be made for your holiday 45 days prior to the departure date. If full payment is not received 45 days prior to the departure date, we reserve the right to cancel your holiday and apply the cancellation charges set out on followed paragraph below. Cancellation will be without penalty to us and we will have no further liability to you. If however, you have already provided us with your credit or debit card details whether this was to make a payment on account or not, and you do not specifically notify us in writing to the contrary prior to the date upon which any balance becomes payable by you, you agree that we may use such credit or debit card details to obtain payment of any balance due by you under this agreement.
The lead booking name is liable for making full payment for all persons in the booking party and all those in the booking party agree to be bound by conditions (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name responsible for making the booking to ensure all in their party are aware of and have read these terms and conditions. If you accept our quote in respect of your holiday you must make a payment of 30% of the total price of the quote when you confirm your trip with us in writing. A delay in acceptance of the quote may result in a variation of the holiday price. Where the proposed departure date is within 45 days of the quote being given we require full payment at the time of your written acceptance of the quote.
All bank charges and online payment surcharge are to be settled by the client or agent respectively. This includes transaction fees charged by our bank. The amount shown on the invoice is the amount that needs to reflect in our account and should bank charges have been deducted, we would have to invoice you subsequently.
Medical conditions and disabilities
If you or any member of your party have any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
Please carefully read your confirmation invoice, tickets and all other documentation we send you as soon as you receive them. Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within 7 days of our sending it out. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.
Safari packages are confirmed upon receipt of 30% deposit of the total cost of the package. Balance payable in full 45 days prior to arrival. Full payment is required if tour is booked less than 45 days.
Cancellations, Amendments and No shows:
Cancellation of a holiday must be made in writing and is effective from the date we receive the written notification. In all cases of cancellation the deposit and any amendment charges will be forfeited.
Cancellation prior to 8 weeks of travel – Full 30 % deposit is forfeited – Cancellation 8 – 4 weeks prior to travel – 50% of total cost is forfeited. Cancellation less than 4 weeks prior to travel – 100% of total cost is forfeited.
The price of your itinerary will be based on known costs at the date of issue of the itinerary. At any time before a full payment of your holiday has been made, African Diurnal Safaris reserves the right to levy a surcharge where costs have changed since the date of issue of the itinerary. We will absorb amounts up to 2% of the total holiday price and surcharge any amount greater than 2%. Should the surcharge exceed 10% of the total holiday price before 60 days of arrival date you are entitled to cancel the holiday and receive a full refund of all monies paid? We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
Matters influencing a surcharge would include, but are not limited to, increases in transportation costs e.g. fuel, scheduled air fares and any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation or disembarkation fees at ports or airports, or increases in park fees, reserve fees or concession fees.
Amendments by you
If you wish to change your itinerary after a deposit has been made we will do our utmost to make the changes required, provided that notification is received in writing. Every change is subject to a fee depending on your amendments.
Cancellation by us
We reserve the right in any circumstances to cancel your holiday for any reason at any time before full payment has been received. We cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking conditions force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid.
Such events are likely to include war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancelation or amendment to any scheduled flight, closure, congestion of airports or ports, adverse weather conditions and all similar events outside our control. In the circumstances amounting to force majeure we will not refund any money to you although if we can recover any monies from our suppliers we will refund these to you.
Amendments by us
It is unlikely that we will have to make any changes to your holiday although we reserve the right to make changes at any time. Most of these changes are minor and we will advise you of these in writing at the earliest possible date. When a major change is necessary such as the alteration of your outward or return flights by more than 12 hours or a significant change in the standard of accommodation, provided it does not arise from conditions amounting to force majeure or as a result of an amendment to a scheduled airline timetable, you will have the choice of accepting the new arrangements, taking another holiday with us or cancelling your holiday and receiving a full refund of all monies paid.
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel, or if the change is a minor one.
A minor change is a change which, taking into account the information you gives us at the time of booking or which we can reasonably be expected to know as a tour operator; we would not reasonably expect to have a significant effect on your confirmed holiday. No compensation is payable for children aged 3 and under. Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which:
- On the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or
- Did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers. Additionally we cannot accept liability for any sums which relate to any business losses.
Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are traveling and to international conventions. African Diurnal Safaris accepts no liability whatsoever for cancellations, strikes, time table changes, diversions, technical issues unrelated to African Diurnal Safaris, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. We accept no liability for death, injury or illness that derives from carriage by air or sea.
You must ensure that your travel documents, passports, visas and vaccination certificates are in order and that you ensure that you have taken the advice of your doctor with regard to inoculations. We refer in particular to our pre-departure information sheet. We will offer general advice but cannot be held responsible if you do not comply with current requirements before your departure. We do not accept liability for any advice given of a general nature prior to the holiday commencing. You are responsible for a timely check in for all flights and for presenting yourself to take up all pre-booked components of your holiday. No credit or refund will be given to you should you fail to take up any component of your holiday or if you lose any travel documents. African Diurnal Safaris draws your attention to the fact that there are certain inherent risks involved in all of the holidays to Africa that we supply and these must be accepted by you at your own risk. If you wish to discuss any such risks with us we would be more than happy to provide advice over the telephone or in writing.
The above booking terms and conditions together with all correspondence form part of your contract with African Diurnal Safaris. This contract and any matters arising from it shall be governed by and interpreted in accordance with Tanzania law and the courts of Tanzania shall have exclusive jurisdiction to hear any and all proceedings between us either relating to our contract or arising out of it.
If you have a problem during your holiday, please inform the relevant organizer (camp/hotel manager/Safari guide) immediately and he will endeavor to put things right. If your problem cannot be resolved you need to contact the African Diurnal Safaris office so that we have the opportunity to investigate and rectify the problem.
The company and its owner, director, management staff and employees shall not be held responsible for any injury or death to persons on tour, nor for loss or damage to personal property, however may they be caused. The company draws your attention to the fact that there are certain inherent risks present when on Safari, or when engaging in any strenuous physical activity. It is your sole responsibility to obtain appropriate medical advice as to medication, immunization, and whether or not you are fit enough to undertake the trip, prior to departure. The company shall not be liable for illness, injury or death sustained whilst visiting the properties owned and managed by the company.
Authority on Tour
The decisions of the Company´s guide / driver on tour shall at all times be final and binding. *The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.
We cannot be held responsible for road and airstrip conditions, which may make travel impossible at times. Any changes to the initial itinerary are subject to the conditions and rates outlined above, despite any access matters or weather conditions.