1. RESERVATION AND PAYMENTS
1.1 Reservations are made by contacting Fay Safaris (Tanzania)
Ltd, directly, hereinafter referred to as the "Company", or through a booking
agent chosen by you.
1.2 Safaris are booked and confirmed only on receipt of a
deposit as follows:
(i) When you book a Lodge
Safari a deposit of 70% of the total safari cost is required to confirm tour
arrangements. When you book a Camping
Safari a deposit of 50% of the total safari cost is required to
confirm tour arrangements. You can use our online secure gateway
to make a deposit for your safari. Please note that a 3% surcharge will be
applicable at the time of booking with a credit card. Alternately you may do a
Bank Telegraphic transfer for the quoted amount. Any changes made to the
itinerary will be charged extra.
(ii) There shall be no binding contract until the deposit has
been paid. By paying a deposit, you the client confirm your safari, and; you and
FSL are automatically deemed to be under contract for the dates quoted for your
safari. When the Company acknowledges receipt in writing of the
deposit to you, it shall be deemed to constitute acceptance and confirmation of
the reservation.
1.3 The balance of your safari cost is due no later than ninety
(90) days before the start of your safari. If the balance has not been received
by this date, the Company shall be entitled to treat your reservations as
cancelled and consequently your deposit will be forfeit (see section 2 below).
1.4 Payment is required in full for bookings that are made less
than 90 days before the start of your safari.
1.5 Any additions to your reservation made within ninety (90)
days of commencement of your safari may be accepted provided space is available,
payment in full is received, and documentation finalised before the commencement
of your safari. The Company reserves the right to accept or reject any safari
booking during this time frame at its sole discretion.
1.6 All payments should preferably be made by Bank Telegraphic
Transfer directly to our account. If payment is being made by US Dollar cash,
then, only notes in big denominations (50 and 100 bills) from the year 2000 will
be accepted. Please note that additional Bank surcharges would apply for any
payments made by following methods:
(i) Travelers Cheques: $50 extra is charged for amounts from $1
to $3,000 and 1% on amounts above $3,000.
Your passport copies and full address would be required for
clearance.
(ii) Credit Card: 7% extra. This takes 21 working days for bank
clearance.
1.7 Confirmed bookings cannot be postponed or preponed to
another date.
2. CANCELLATIONS AND REFUNDS
2.1(i) The following cancellation fees shall apply for a
Lodge Safari in the following circumstances:
a) Cancellation between 60 and 46 days prior to arrival date 75%
of the total safari cost will be charged
b) Cancellation between 45 and 16 days prior to arrival date 80%
of the total safari cost will be charged
c) Cancellation between 15 and 0 days prior to arrival date 100%
of the total safari cost will be charged
If additional monies have been paid toward your safari, these
monies will be refunded to you.
(ii) The following cancellation fees shall apply for a
Camping Safari in the following circumstances:
a) Cancellation between 60 and 30 days prior to arrival date 30%
of the total safari cost will be charged
b) Cancellation between 29 and 15 days prior to arrival date 50%
of the total safari cost will be charged
c) Cancellation between 14 and 8 days prior to arrival date 90%
of the total safari cost will be charged
d) Cancellation between 7 and 0 days prior to arrival date 100% of the total
safari cost will be charged
If additional monies have been paid toward your safari, these
monies will be refunded to you.
(iii) Note that in any instance above where sufficient funds are
not in your account to cover the cancellation fees as a result of you not making
deposits when due pursuant to these terms and conditions or otherwise, you agree
to be liable to the Company for the appropriate amount of monies due such that
the Company receives its entire cancellation fee as provided for above.
(iv) in the event of a cancellation for a confirmed and paid
safari, we would attempt to recover funds from the Lodges you are booked at –
this is however dependant on their cancellation policies. A nominal fee for this
service would be charged to your account in line with clause 2.1 (ii) above
2.2 If you are a “no show”, the Company shall be entitled to
treat your reservation as cancelled without having given the
Company any notice, and the cancellation provisions of Paragraph
2.1 shall apply.
2.3 Any request to vary your reservation must be in writing and
the Company’s agreement thereto shall be at its sole discretion. If the Company
agrees to vary your reservation as requested, it reserves the right to charge an
administration fee, in addition to all other increases in rates and charges
associated with the change, which shall be presented to you in writing and which
is payable no later than seven (7) days after such notification. If at any time
prior to departure or during a safari a variation occurs in the number of
participants, the safari invoice will be revised to reflect these variations and
will be subject to Paragraph 2.1 when applicable. For example, if you vary your
safari by decreasing the number of participants, cancellation fees will apply as
noted in Paragraph 2.1 for the participant no longer participating, and the
costs for the remaining participants may increase pursuant to the Company’s rate
schedules.
2.4 No refunds are given for: (i) lost travel time or
substitution of facilities, camps/lodges, guides and dates, (ii) itineraries
amended after departure, (iii) circumstances arising beyond the Company’s
control, necessitating alternative arrangements be made to ensure the safety and
/or further participation and enjoyment of your safari, (iv) if you do not
appear for any accommodations, service, sightseeing or trip segment without
notifying the Company, (v) if you leave your safari after it has begun, miss any
schedule sightseeing, activities or accommodations for any reason whatsoever.
3. FOR YOUR INFORMATION
3.1 The Company also acts as a booking agent when requested or
necessary, for hotels, airlines, air charters, bus companies, ground
transportation, boat purveyors or owners and other independent contractors
providing accommodations, transportation, and/or other services. Each of these
companies is an independent corporation with its own management and is not
subject to the control of the Company including, but not limited to, various
ground/air operators.
3.2 All bookings like those described above are accepted by the
Company, as agent for independent ground/air operators. The transportation,
accommodations and other services provided by the ground/air operators are
offered subject to the terms and conditions contained in the tickets, exchange
orders or vouchers issued by them and/or their suppliers. Because the Company
does not have the right to control the operations of the independent operators
and their suppliers, IT CANNOT BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR
PROPERTY DAMAGE which may arise out of these services.
3.3 The sequence of the itinerary and the accommodation of
safaris are adhered to as far as possible. The Company 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 any person at any time, and to pass on to safari
members any expenditure occasioned by delays or events beyond its control. In
case of any appreciable variation in its cost, the Company reserves the right to
adjust its rates.
3.4 Air charters in Tanzania are contracted for with local
carriers. Typically, the charters are not private for your party only, and the
Company does not control the rates, number of passengers or routing.
4. RISKS
4.1 The company draws your attention to the fact that there are
certain inherent risks involved in participating in the type of trips and/or
safaris sold by the Company and that you accept them at your own risk.
4.2 It is your sole responsibility to take all appropriate
medical advice prior to departure as to whether you are fit enough to undertake
the trip booked.
4.3 By accepting these terms and conditions, you acknowledge and
agree that adventure travel, whether in civilized or remote areas, by plane,
train, auto, boat, horseback, other conveyance, or on foot, involves inherent
dangerous risks of illness, injury, death or loss and damage of property, which
may be caused by negligence of others, forces of nature, and other causes known
or unknown. You recognize that such risks may be present at any time before,
during or after the trip.
4.4 You acknowledge and agree that your participation on a
safari with the Company is conditioned upon, among other things, the signing of
the release of liability attached hereto in favor of the Company and its
representatives and
suppliers (Release).
5. FORCE MAJEURE
5.1 "Force Majeure" means, in relation to the Company, any
circumstances beyond the reasonable control of the Company (including, but
without limitation, acts of God, explosion, flood, tempest, fire or accident,
war or threat of war, terrorist attacks, sabotage, insurrection, civil
disturbance or requisition, sickness, quarantine, government intervention or
hindrance of any kind, weather conditions or other untoward occurrences). For
purposes of this agreement with you, a Force Majeure event may also include a
situation where government concessions for safaris once made available to the
Company are no longer made available to the Company.
5.2 If the Company is affected by Force Majeure it shall
Endeavour to notify you of the nature and the extent of the Force Majeure in a
timely fashion.
5.3 The Company shall not be deemed to be in breach of these
terms and conditions or otherwise be liable to you, because 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.
5.4 If the Company 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 the
Company to you as a result of the non-performance of any of the Company's
obligations hereunder shall remain at its sole and absolute discretion whilst
endeavoring to reimburse you where possible. However, the recovery, of the
reasonable, actual and potential costs to the Company of the Force Majeure shall
apply.
5.5 In all circumstances where a Force Majeure event has
occurred, once the Company has investigated the prevailing situation, as it
deems fit, it shall remain in the Company’s sole and absolute discretion whether
to proceed with your safari. If, after having made all reasonable and proper
inquiries, the Company is of the opinion that your safari may proceed, and you
choose to cancel your safari, no refund will be payable to you and the
provisions of Section 2 shall apply.
5.6 Without limiting the other provisions of this Section 5, you
acknowledge and agree that you are aware that travel warnings and advisories are
issued on occasion for the country in which your safari is booked. You further
acknowledge and agree that the issuance of a travel warning or advisory does not
give rise to an automatic right of cancellation for you. If a travel warning or
advisory is issued prior to the start of your safari or during your safari, the
Company will investigate the situation giving rise to the warning or advisory
and will make a determination as to whether to proceed with your safari
consistent with Paragraph 5.5 above. If, after having made all reasonable and
proper inquiries, the Company is of the opinion that your safari may proceed,
and you choose to cancel your safari, no refund will be payable to you and the
provisions of Paragraph 2.1 shall apply.
6. INSURANCE
The Company strongly recommends that you obtain the following
types of insurance which are commercially available:
- Accidental Death and Disability
- Major Medical
- Emergency Medical Evacuation
- Loss and/or Damage of Personal Effects
- Trip Cancellation
By accepting these terms and conditions, you acknowledge that
the Company does not typically provide these types of insurance to you or
arrange them for your benefit, that the Company has no obligation to provide
these types of insurance for you, that the costs of these insurances are not
included in your safari costs payable to the Company unless expressly so stated
on your invoice, and that it is your responsibility to provide for these
coverage's if you want to have them. In some instances, the Company may provide
you with information regarding, or referrals to, providers of these various
insurances. By accepting these terms and conditions, you acknowledge and agree
that the Company is not liable to you as a result of the services provided to
you by these providers, or for their failure to provide services to you, or
otherwise. The release of liability applies regardless of whether the Company
has referred providers to you, arranged coverage on your behalf, or otherwise.
7. CARRIAGE BY LAND, SEA AND AIR
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 air and sea ports which may result in
cancellations, delays or diversions, over which the Company has no control and
for which the Company accepts no liability whatsoever.
8. CONDITIONS OF BOOKING
You agree that you and any minors that are traveling with you
shall comply at all times with the instructions of the Company’s representatives
and the representatives of the Suppliers. No client shall be accepted or be
permitted to continue on a safari while their status of mental or physical
condition is, in the opinion of any representatives of the Company, the
outfitter and/or supplier or the professional guide assigned to your safari,
such as to render them incapable of caring for themselves or make themselves
objectionable to other clients or become a hazard to themselves or other
clients. The Company will not be responsible for expenses by such persons
precluded from completing a safari for this reason.
9. SURCHARGES
Although the Company hopes that it will not need to levy
surcharges, it reserves the right to do so if this becomes necessary. The
Company will Endeavour 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
fourteen (14) days after written notification has been received (depending on
the circumstances). If the surcharge is not paid within such time, the Company
may constitute such nonpayment as an act of cancellation on your part and the
provisions of Paragraph 2.1 shall apply. Any refund made by the Company shall be
at its sole and absolute discretion. For the purposes of this provision,
surcharges may include, but are not limited to, additional costs levied by the
government on safaris of your type, additional costs incurred by the Suppliers
as a result of new taxes, government charges and the like.
10. BAGGAGE
Temporary or permanent loss of baggage is the responsibility of
yourself or the carrier. It is not the responsibility of the Company and any
expense involved in such a loss is entirely yours and/or the carrier's
responsibility.
11. TRAVEL DOCUMENTS AND VACCINATIONS
It is your responsibility to ensure that passports, visas,
travel permits, health certificates, inoculations, or other documentation
required for the trip are obtained and are in order. It is your responsibility
to meet any additional costs incurred either by yourself (or by the Company on
your behalf) as a result of any failure by you to comply with such requirements.
12. SPECIAL REQUESTS
You must advice the Company in writing of any special requests,
(e.g. diet or facility) when you submit your reservation to the Company. The
Company will attempt to meet any such requests, whenever possible. Certain
special requests may incur procurement costs, which will be charged to your
account. Any such charges will be communicated to you at the earliest
opportunity.
13. INFORMATION IN MARKETING MATERIAL
All information provided on the website, in the marketing
brochure and any advertisements or newsletters (Marketing Materials) published
by the Company is, to the best of the Company’s knowledge, correct at the time
of publication. The Company reserves the right to update and/or revise any
information provided in the Marketing Materials at any time and without notice.
The photographs reproduced and information provided in Marketing Materials
depict typical scenes experienced and details on each destination, but the
subject matter may not necessarily be seen or experienced while visiting that
destination.
14. PHOTOGRAPHY
The Company reserves the right without further notice to make
use of any photography or film taken of you, minors traveling with you, or of
any other aspects of your safari by the Outfitter or any other Suppliers for
general purposes without payment to you and without your permission. If you make
photographs of your own available to the Company, the Company reserves the right
to make use of such photographs. By providing such photographs to the Company,
you grant the Company a perpetual, fully paid, non-exclusive, irrevocable
license to use such photographs in the Company’s Marketing Materials or
otherwise.
15. DISPUTES
If you have any cause for complaint while traveling, you must
immediately bring it to the attention of the Company's local representative or
agent who will attempt to resolve the situation.
16. BOOKING AGENTS
16.1 Your booking agent will be instructed to forward deposits
and other payments to us on your behalf. You acknowledge and agree that your
booking agent is not our agent for the purposes of receipt of monies or
otherwise and that there is no liability on our part unless and until we notify
your booking agent that monies have been received by us. We will issue a booking
confirmation to your agent immediately upon receipt of their payment to us on
your behalf.
16.2 We enjoy a first class working relationship with booking
agents throughout the world. To facilitate the reservation process for you, the
Company requests each booking agent to provide its customers with thorough
communications pertaining to their booking. Your agent has been provided with a
list of recommended responsibilities to assist and inform you on matters such as
required documentation, payment schedules and cancellation policies. We
encourage each booking agent to assist you to the best of his/her ability in
providing answers and information pertaining to your booking.
16.3 When you choose to book your safari with the Company
through a booking agent, the booking agent is solely responsible for
communicating and delivering terms and conditions and relevant correspondence
about your safari to you. This includes, but is not limited to:
(i) All travel arrangements, safari itineraries and dates
(ii) Rates
(iii) Guides
(iv) Air charters and ground transportation
(v) Hotels
(i) Medical evacuation services
Booking agents are responsible for the timely remittance of
payments to the Company pursuant to Paragraph 1 and other applicable provisions
of this Agreement. Any default in making such timely payments will result in
cancellation or penalties as specified in Paragraph 2.1
17. BOOKING TERMS & CONDITIONS
These booking terms and conditions and the Release (together,
the Agreement) govern the relationship between the Company and you. No
alteration to this Agreement may be made by any of the Company’s employees,
authorized representatives or agents, unless in writing by an authorized
officer of the Company. An authorized officer of the Company shall make all
decisions and matters subject to the Company’s discretion.
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