TERMS & CONDITIONS
Please
find below our Terms and Conditions. We've
provided them here to ensure that you find
planning your next Expedition
with us as easy and enjoyable as possible.
Your holiday/vacation is refererred to in these
conditions as “Expedition”, and
derivatives of this word
as the context requires:
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1.
General
a) The terms and conditions set out
below (“these conditions”) contain vital information
of which you must be fully aware before you book your Expedition
with Baobab Expeditions Limited. Please read these conditions
carefully before making a booking and ensure that other
persons in your group are aware of these conditions.
b) We draw your attention in particular to the requirements
for insurance cover set out in condition 3 as you will
not be able to take your Expedition if you have not obtained
the necessary insurance cover.
c) Baobab Expeditions Limited is referred to in these conditions
as “we” or “us” and derivatives
of those words as the context requires.
d) The person booking the Expedition with us (including
any limited or unlimited company or partner on behalf of
a firm) is referred to in these conditions as “you”,
which will be deemed where the context admits to include
any other persons in your group (“the group”)
on whose behalf you have booked an Expedition with us.
e) We would draw your attention to the inherent dangers,
risks and discomforts involved with certain types of adventure
travel which will be explained to you. You must agree to
accept that we cannot be responsible for the consequences
of your voluntary exposures to such risks and discomforts
which we have properly explained to you.
f) It is important that you fully understand these conditions
because they:
(i) govern your relationship
with us and set out our obligations to you and your personal
obligations to us in relation to any Expedition which
you book with us; and
(ii) apply to you and to the group (but you have additional
obligations as “lead name” – see
below); and
(iii) include limitations and exclusions on our liability,
obligations and responsibilities relating to your Expedition
of which you must take careful note. In particular
we draw your attention to conditions 3(i), 7(d), 7(e),
12 and 13.
If you are in any doubt as to the
meaning of any of these conditions, please seek clarification
from us before you book your Expedition.
2. Booking
your Expedition
a) A legally binding contract (“a
booking”) will be formed when we agree to provide
the Expedition that you have requested and we have agreed
with you the price for the Expedition, and this has been
confirmed by issue of our invoice to you and payment by
you of the deposit in accordance with these conditions.
b) Please note that the minimum age of a child accompanying
adults on any Expedition is 5 years old. The maximum
age limit for adults is 70 years old. Customers between
the ages of 70 and 75 may be accepted by us, but at our
discretion and subject to a medical certificate satisfactory
to the Company. In the event that you misrepresent any
minimum or maximum ages of your party the Company reserves
the rights to immediately cancel your booking without compensation
or refund.
c) When a booking is made, you as the lead name on the
booking, guarantee to us that you have the authority to
accept and do accept on behalf of the group these conditions.
You as the lead name will be personally responsible to
us for all payments due to us under these conditions.
d) We will confirm the details of the booking by issuing
our invoice to you. It is therefore vital that you check
the details on the invoice as soon as you get it to ensure
that all the details are exactly as you requested. In the
event of any discrepancy, you must contact us immediately.
If you want to cancel or change your booking later you
may have to pay amendment or cancellation costs (described
below) which may be as much as the whole Expedition cost.
e) On receipt of our invoice you must pay the deposit in
the amount and by the time specified in the invoice, 25%
of which will be non-refundable in the event of cancellation.
When we receive your deposit we will reserve your Expedition
for you.
f) The balance of the price of your Expedition (“the
balance”) must be paid at least 8 weeks before the
first day of your Expedition. On receipt of your full payment
we will send vouchers, Expedition information, clothing
lists etc. Please ensure that you receive this information
before you leave on your Expedition.
g) All website descriptions, details, example or tailor-made
Expedition itineraries and prices and such information
or other information communicated to you by telephone are
given in good faith at the time they are made and all reasonable
care is taken to ensure their accuracy and availability.
However, such information may change from time to time
and so offered facilities, amenities, schedules and prices
may, on occasion, be restricted, curtailed, changed or
cancelled. Therefore, changes may be made to the particulars
at any time before the booking is confirmed by us as above.
In these circumstances, we will notify you of such changes
prior to confirmation of your booking. When you receive
such information you have the option to proceed with your
booking with the amended details and/or price or not to
so proceed.
h) Once the booking is confirmed by issue of our invoice
and payment by you of the deposit, the details of the Expedition
and the price cannot be changed by us or by you except
in accordance with these conditions without the agreement
of the other.
3. Travel
documents and insurance:
a) We operate a Financial Failure
cover as required by government regulations which provide
our UK clients with insurance cover if we should suffer
a financial failure before your Expedition is completed.
b) We also carry a specialist policy for tour operators
to cover certain of our liabilities to our clients, as
required by government regulations, and kidnap and ransom
cover.
c) If you wish to be aware of the detailed terms and conditions
of the policies referred to in (a) and (b) above, and the
extent of cover provided, please ask us for further information.
d) Subject to the above, all passport, visa, travel insurance
and health certificate requirements are your responsibility
and you will be responsible for any delay or expense incurred
by you or us through any irregularity in your documents.
The onus is upon you to ensure that passports and visas
are valid for the countries visited. Please ask us well
in advance if you are uncertain as to any such requirement
and we will be pleased to assist you as we best reasonably
can.
e) We will re-issue your tickets that have been lost, destroyed
or stolen but you must cover our reasonable costs of doing
so.
f) The transport for your Expedition will be arranged for
you by us. It will be necessary for separate insurance
(i.e. in addition to your standard holiday/vacation insurance)
to be arranged by us for you. However, such insurance will
be taken out in your name and you will be required to make
the necessary declarations and disclosures to insurers.
g) You will be provided with the details of the insurance
cover referred to in condition 3(f) that will be provided
by the insurer. This may consist of more than one policy
depending on the itinerary. Whilst we make every effort
to ensure that such insurance will be adequate and appropriate
for your purposes, it is important that you consider and
understand the terms of the insurance and raise any questions
with us before your Expedition commences.
h) By 7 days before the commencement date of your Expedition
we will require to be satisfied that all necessary insurance
has been taken out including your holiday/vacation insurance
which must cover the outings which constitute your Expedition.
You must have all appropriate insurance to cover your transportation
and emergency medical repatriation. This is for our mutual
benefit and protection.
i) Please note that if you have not satisfied us that the
insurances referred to in condition 3(h) are effective,
you will not be able to take your Expedition and your booking
will be cancelled without compensation and will be subject
to the cancellation charges set out in condition 8.
4. Your Expedition
price
a) The price of your Expedition is
as specified in our invoice.
b) When you receive our invoice you must pay the deposit
in the amount and manner and within the time limit specified
in the invoice.
c) The balance of the price of your Expedition (“the
balance”) must be paid at least 8 weeks before the
first day of your Expedition. If you book your Expedition
within 8 weeks of that date you must pay the total price
of your Expedition immediately on receipt of our invoice.
d) If the deposit or the balance is not paid in accordance
with these conditions and as stated in the invoice, we
reserve the right to cancel your booking and therefore
your Expedition without further notice to you at any time
after you are in default. If the deposit has been paid
but the balance is not paid in accordance with these conditions,
we shall pay out of your deposit any costs and liabilities
that we have incurred and return the remainder of your
deposit to you.
e) On receipt of your full payment, we will send vouchers,
Expedition information, clothing lists etc. Please ensure
that you receive this information before you leave on your
Expedition.
f) Payments to us of the deposit or the balance by credit
card will incur a charge of 1.5% of the amount paid by
credit card and this will be detailed in the invoice.
g) Not included: Please double check your itinerary as
Insurance to cover for all cancellation and curtailment,
medical, baggage and money, emergency evacuation back home,
beverages in certain areas, gratuities to guides and staff,
any excursion or activity not listed in the confirmed booking
will not be included.
5. Changing
your booking
a) If, after our confirmation invoice
has been issued and you have paid the deposit, you wish
to change your travel arrangements in any way we will,
subject as provided in these conditions, take all reasonable
steps to make such changes if possible.
b) If we are able to make changes to your Expedition at
your request, you will be notified of any costs that we
will incur in making such changes and you must confirm
that you will be responsible for such costs. Such costs
will in any event involve an administration charge per
person. You should be aware that such costs are likely
to increase closer to the date of your Expedition and therefore
you should make any such requests as soon as possible.
6. Cancelling
your Booking
a) You may cancel your booking at
any time in writing (not e-mail). Such cancellation must
be signed by the lead name. The effective date of the cancellation
will be the date it is received by us at our offices. Contact
details are set out at the end of these conditions.
b) If you cancel the booking you will have to pay the applicable
cancellation charges up to the maximum provided for in
these conditions as below. You will be notified of these
on request if you wish to confirm the amount of the cancellation
charges before you cancel your booking. The cancellation
charges may be either more or less than the amount of your
deposit. Certain costs such as insurance premiums may not
be refundable even in part.
c) If the reason for your cancellation is covered under
the conditions of your insurance policy, you may be able
to reclaim the cancellation charges from your holiday/vacation
insurance company. However, the cancellation charges will
be payable to us in any event and it is a matter for you
to recover from your insurers if possible.
d) Should you fail to join an Expedition or join
it after departure or leave it prior to its completion,
no Expedition fare refund can be made.
7. Cancellation
or changes to your booking by us
a) Occasionally we may have to make
minor changes to your booking which will not affect the
quality or nature of your Expedition and we reserve the
right to do so at any time. If we need to do so we will
advise you at the earliest possible date.
b) In very exceptional circumstances, we may have to cancel
your booking, or propose to make a major change to your
Expedition. An example of such circumstances is if the
minimum number of clients required for a particular Expedition
is not achieved.
c) If we cancel the booking for reasons other than your
default, or if we propose to make a major change which
is not reasonably acceptable, and we cannot offer to you
a reasonable alternative Expedition (see below) we will
return to you the deposit and any balance which has been
paid and compensate you in accordance with these conditions
as provided below.
d) If we have to cancel your booking we may offer to you
one or more alternative Expeditions of reasonably equivalent
or superior standard to be provided by us at no additional
cost to you. If the alternative Expedition offered is at
a lower price, we will refund the difference in price to
you. If you unreasonably refuse all such alternatives offered,
we will not be liable under these conditions to compensate
you for our cancellation of your booking, but we will return
to you the deposit and any balance which has been paid.
e) Compensation will not be payable and we will not otherwise
be liable to you if we are forced to cancel, delay or curtail
or in any way change your Expedition as a result of Force
Majeure. Force Majeure means any circumstances which are
unusual and/or unforeseeable which are beyond our control,
the consequence of which could not have been avoided even
if all reasonable care had been exercised, including (but
not limited to) war or threat of war; riot; civil strife;
hostilities; political unrest; government action; industrial
dispute; natural or other disaster; nuclear incident; terrorist
activity; weather conditions; closure of accommodation
facilities; fire; flood; drought; re-scheduling or cancellation
of or technical problems with transportation that are outside
our control.
8. Cancellation
and compensation charges
Period before Expedition start date
within which notice of cancellation or major change is
received by us in writing
Period
before Expedition start
date within which notice of cancellation or major
change is received by us in writing or notified
to you |
If
we cancel - Amount you receive from us |
If
you cancel your Expedition - The scale of charges,
expressed as a % of the Expedition prices, is as
follows: |
More
than 56 days |
Full
refund |
Deposit
is forfeited |
36-56
days |
Full
refund |
Deposit
plus 50% |
22-35
days |
Full
refund |
Deposit
plus 75% |
0-21
days |
Full
refund |
100% |
9. Conduct
whilst on an Expedition
a) When you book an Expedition with
us you accept responsibility for the proper and safe conduct
of yourself and the group whilst on Expedition. This includes
but is not limited to the compliance with the advice and
instructions of local guides. We reserve the right in our
reasonable discretion to terminate your Expedition or that
of any member of your group due to misconduct or unsafe
behaviour and in such circumstances we will have no further
responsibility or liability to you.
b) If your actions or those of any member of the group
cause disruption or delay to Expeditions of our other clients
or damage to the accommodation in which you are staying,
or cause delay or diversion to any means of transportation,
or any other such damage or loss, you must indemnify (i.e.
fully compensate or reimburse) us against any claim (including
legal costs) made against us by or on behalf of third parties.
c) If you are found to be driving a vehicle under the influence
of alcohol or illegal drugs your Expedition will be terminated
immediately without refund or compensation.
10. Independent
activities
If you participate in sports or activities
whilst on an Expedition that have been organised and arranged
by you independently of us or our suppliers, such activities
are undertaken at your own risk and it is your responsibility
to obtain the relevant insurance.
11. Complaints
procedure
a) If you have a problem during your
Expedition, you must immediately inform the relevant supplier
(e.g. the lodge or campsite) and our local representative
who will endeavour to put things right. If you do not do
so we will have lost the opportunity to investigate and
rectify your complaint whilst you were on Expedition and
this may affect your rights under these conditions.
b) If your complaint is not resolved locally, please follow
this up within a reasonable period of time (we would suggest
28 days) of your return home. Your complaint should be
in writing, to our Customer Services Department at Baobab
Expeditions Limited, giving your booking reference and
all other relevant information. Please keep your letter
concise and to the point. This will assist us quickly to
identify your concerns and speed up our response to you.
c) It is unlikely that you will have a complaint that cannot
be settled amicably between us. However, disputes which
cannot be settled amicably may (if you wish) be referred
to arbitration [details of the arbitration procedure are
available on request].
12. Our liability to you for
your Expedition
a) We are responsible for ensuring
that your Expedition is supplied as specified in our invoice
when the booking is made. If it is our fault that any part
of your Expedition is not provided as promised, or it is
the fault of our agents or suppliers, we will pay you appropriate
compensation if this has affected the enjoyment of your
Expedition.
b) Our liability in all cases shall be limited to a maximum
of two times the price of your Expedition.
13. Our
liability to you for personal injury
a) We are responsible for injury
or illness caused by the negligent acts and/or omissions
(due to lack of reasonable skill and care) of our employees
or agents, our suppliers and sub-contractors, whilst acting
within the scope of, or in the course of, their employment
in the provision of your Expedition. If such negligence
for which we are responsible is proven to our satisfaction,
we will accordingly pay to you such damages as would be
awarded to you in the English Courts under English Law.
b) Wild Animals: Please be aware that these Expeditions
may take guests into close contact with wild animals. Attacks
by wild animals are rare, but no Expedition can
guarantee that this will not occur. Neither the company,
not their employees, nor agents can be held responsible
for any injury or incident on the Expedition save as outlined
in condition 13.
c) Please note that we will not be liable for any injury,
illness or death suffered by you or any member of the group
where it is caused by:
i) any member of the group;
ii) a third party not connected with the provision of
your Expedition by us;
iii) an event or circumstance which we or those for whom
we are responsible could not have predicted or avoided
even after taking all reasonable care.
iv) an activity which does not form part of your Expedition
booked with us and is not an excursion arranged through
us.
14. Data
protection
Except where expressly permitted
by the Data Protection Act, we will only use your personal
details for the purpose of providing your Expedition, unless
you agree otherwise. For example, if we wish to use any
of your personal details for marketing purposes, we will
tell you this when we ask for your details and give you
the opportunity to say no if you do not want us to do so.
For the avoidance of doubt, the company reserves the right
to make use of any photograph or film taken on an Expedition
by the company's photographer or otherwise without seeking
your consent or making payment to you. The company will
not use any material of a compromising nature.
15. Disabled
clients
We do not specialise in Expeditions
for the disabled, but we will do our utmost to cater for
any special requirements you may have.
16. Applicable
law
The contract between us is
made on these conditions and will be governed by English
Law and the jurisdiction of the English Courts.
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