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 holiday 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 holiday 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 holiday 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 a holiday 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 holiday 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 holiday 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 holiday.

2. Booking your holiday

a) A legally binding contract (“a booking”) will be formed when we agree to provide the holiday that you have requested and we have agreed with you the price for the holiday, 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 safari expedition is 7 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 holiday 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 holiday for you.
f) The balance of the price of your holiday (“the balance”) must be paid at least 8 weeks before the first day of your holiday. On receipt of your full payment we will send vouchers, safari expedition information, clothing lists etc. Please ensure that you receive this information before you leave on holiday.
g) All website descriptions, details, example or tailor-made safari 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 holiday 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 holiday 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 holiday will be arranged for you by us. It will be necessary for separate insurance (i.e. in addition to your standard holiday 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 holiday commences.
h) By 7 days before the commencement date of your holiday we will require to be satisfied that all necessary insurance has been taken out including your holiday insurance which must cover the outings which constitute your holiday. 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 holiday and your booking will be cancelled without compensation and will be subject to the cancellation charges set out in condition 8.

4. Your holiday price

a) The price of your holiday 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 holiday (“the balance”) must be paid at least 8 weeks before the first day of your holiday. If you book your holiday within 8 weeks of that date you must pay the total price of your holiday 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 holiday 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 holiday.
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 holiday 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 holiday 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 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 a safari 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 holiday 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 holiday. An example of such circumstances is if the minimum number of clients required for a particular holiday 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 holiday (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 holidays of reasonably equivalent or superior standard to be provided by us at no additional cost to you. If the alternative holiday 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 holiday 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 holiday start date within which notice of cancellation or major change is received by us in writing

9. Conduct on holiday

a) When you book a holiday with us you accept responsibility for the proper and safe conduct of yourself and the group whilst on holiday. 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 holiday 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 holidays 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 holiday will be terminated immediately without refund or compensation.

10. Independent activities

If you participate in sports or activities whilst on holiday 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 holiday, 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 holiday 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 holiday

a) We are responsible for ensuring that your holiday is supplied as specified in our invoice when the booking is made. If it is our fault that any part of your holiday 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 holiday.
b) Our liability in all cases shall be limited to a maximum of two times the price of your holiday.

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 holiday. 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 holiday in Africa 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 holiday 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 holiday 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 holiday 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 holiday, 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 safari 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 holidays 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.