TERMS AND CONDITIONS
African Travel (2003), Inc. dba African Travel, Inc. is a travel company that specializes in providing unique luxury safaris filled with thrilling wildlife encounters and meaningful cultural experiences. The terms "we", "us", "our", and “African Travel” refer to African Travel (2003), Inc., a California corporation. The term "you", “traveler”, “guest” or “participant” refers to the traveler making a booking with us and all members of their group.
CONTRACT.
We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you (collectively, “Terms and Conditions”). Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read these legally binding Terms and Conditions, and representing and warranting to us that you agree with them. All contracts made with African Travel are made subject to these Terms and Conditions.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
VIOLATIONS BY YOU.
You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
CHANGES TO THESE TERMS AND CONDITIONS.
African Travel reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. Please check frequently to see if these Terms and Conditions changed. The Terms and Conditions in effect at the time of your booking shall apply to your booking; we reserve the right to make any changes to these Terms and Conditions at any time prior to you making a booking. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions, constitutes your consent to the changes. These Terms and Conditions cannot be modified except in writing by an officer of African Travel.
SCOPE/AGENCY.
African Travel does not provide, own, manage, operate, supervise or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruise, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Suppliers”).The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; African Travel does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that African Travel acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges or services for the travelers’ benefit, and on the express condition that African Travel shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith.
Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections.
BOOKING & PAYMENT.
When you are ready to start your next safari adventure simply contact us either by email, phone (1-800-421-8907), completing our safari planner (https://africantravelinc.com/content/safari-planner) or by filling out the information on the ‘Contact Us’ portion of our website. More information is available at: https://africantravelinc.com/content/travel-resources. Our itineraries take many hours of planning and work to create the unique experience we aim to give our travelers. To produce this experience, we require a non-refundable consultancy fee of $250.00 which will be applied towards the booking. For custom tours, our non-refundable consultancy fee may increase depending upon your approval of our proposed itinerary and payment of your applied deposit and booking fee. Your applicable Deposit will be as described in your approved itinerary and is due at time of booking to secure your reservation. Once received by us the Deposit and consultancy fee are NON-REFUNDABLE. After booking you will receive your final itinerary, an invoice with additional payment information, and other important travel information. Any changes made after receipt of the final itinerary will incur the change fees set forth in the Cancellation Table below, in addition to any charges and fees of the Suppliers. The total cost of your itinerary is subject to change until you receive confirmation that your travel is booked. Deposits and any fees are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Supplier. For bookings made before May 1, 2022, full payment is due at least sixty-five (65) days prior to your Departure Date. For bookings made on or after May 1, 2022, full payment is due at least one hundred (100) days prior to your Departure Date.
If you utilize a travel agent (“Agent”), your Agent shall hold all monies for each and every traveler named in the booking until the booking is confirmed, at which time your Agent shall transfer those monies promptly to African Travel. You understand and agree that for your booking to be confirmed and maintained, African Travel must have received all payments from you or your Agent as detailed in the Cancellation Table and your approved itinerary. You further understand and agree that your Agent is independent of African Travel and operates outside of African Travel’s control, and that unless expressly authorized by African Travel in writing, African Travel shall not be responsible or liable for any actions or omissions of your Agent. You consent to African Travel depositing said monies received by us as required by law, and agree that we shall be entitled to keep interest earned on said monies.
Upon booking, we will provide you with instructions of payments and all due dates. If making multiple trip bookings, full payment is for all trips according to the scheduled Departure Date of the first departing trip. Your “Departure Date” is the date indicated on your final itinerary issued by us and approved by you. You must make all payments in full and on time. In any event, full and final payment is required at time of booking for reservations made later than the applicable trip’s final payment due date, as more particularly described in the Cancellation Table below. If full payment is not received within the stated timeframe prior to the departure date, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. Failure to make a final payment within the timeframes described in your itinerary shall be deemed a cancellation by you, in our sole and absolute discretion. Additionally, you will also be responsible for any costs imposed on us by Suppliers resulting from late payment. African Travel reserves the right to refuse a booking, and/or any traveler or potential traveler, at its sole discretion for any reason or no reason, and in such an event, shall return any Deposit received, subject to its receipt of any non-refundable fees.
Airfare; Air Inclusive Tours
Included flights, including without limitation inter-trip airfare, are as expressly described in your final trip itinerary. Trips described as “Land Only” do not include airfares, costs to obtain passports, visas, inoculations, excess baggage charges, airline seating assignments, all items of a personal nature, and other related costs. Air-inclusive trips may require an additional NON-REFUNDABLE deposit or payment in full at the time of booking, which may be up to one hundred percent (100%) of the total cost of your itinerary. If you do not request an air inclusive tour, you must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms, conditions and policies and we will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier (which may be up to one hundred percent (100%) or more of the ticket price). Published fares, promotional fares, and some other airfares are NON-REFUNDABLE. All air routings are in the sole discretion and control of the air carrier and subject to change in their sole discretion. When booking a trip that includes flights, you will be required, at time of booking, to provide us, for each traveler, the name as described on their passport, passport number, nationality, and date and place of issuance. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
NOTE: The price for your air inclusive tour is subject to increase on your air portion, prior to the time you make full payment. However, the price is not subject to increase after full payment on your air portion has been made. We strongly suggest you pay your full air portion at deposit to avoid any increases. In addition, the non-refundable deposit and final amount may vary by itinerary and may require additional funds to secure air or land services. ‘Frequent Flyer’ or similar rewards miles can be accrued on most air carriers. Upgrade using mileage are not permitted. Many airlines do not automatically add traveler’s rewards information to records for flights booked and ticketed by us; it is the traveler’s responsibility to request ‘Frequent Flyer’ or similar rewards credit from the applicable air carrier, and African Travel shall have no responsibility or liability in connection therewith.
FEE, PAYMENT AND CANCELLATION TABLE.
African Travel is required to pay all Suppliers to reserve or secure Travel Products well in advance of your trip date. All Suppliers have their own cancellation policies, which apply to your booking. Travel arrangements for any traveler in the traveling party may be cancelled at any time by written notice by your Agent, or the person who made the booking, as applicable. Should a cancellation become necessary, you must inform African Travel in writing as soon as possible.
Upon receipt, African Travel will follow industry procedures for any applicable refunds as outlined in the Supplier’s terms and subject to their review. Any payments we have made to Suppliers or any other third parties will only be refunded to you once we have deducted the below-described cancellation fees and other charges, and once we have actually recovered the amounts from the Suppliers or other third parties. If you are entitled to a refund, please note that the Supplier is ultimately responsible for this refund, not African Travel. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a Supplier’s failure to pay a refund or for Supplier bankruptcy or insolvency. Additionally, the cancellation charges outlined in the below Cancellation Table (the “Cancellation Table”) shall apply. Travel protection plan premiums are NON-REFUNDABLE.
|
ATI Charge* |
Additional Air Tickets** |
Consultancy Fee |
$250.00 (NON-REFUNDABLE once received by ATI) |
As per airline terms and conditions |
Change Fee*** |
$100.00 per booking for any changes made to existing reservations, plus additional costs incurred from Suppliers will be added to your trip’s new pricing, subject to availability and the Supplier’s terms and conditions |
As per airline terms and conditions |
Deposit due per person |
A minimum of Twenty Percent (20%) of your total itinerary cost (“Deposit”) |
As per airline terms and conditions |
CANCELLATION CHARGES (PER PERSON) IF YOU CANCEL YOUR VACATION |
||
For cancellation requests received by African Travel 101 days or more before your departure |
The Deposit is forfeited and NON-REFUNDABLE |
As per airline terms and conditions |
For cancellation requests received by African Travel within 100 days of your departure |
One Hundred Percent (100%) of your total itinerary cost is NON-REFUNDABLE and deemed FORFEITED |
As per airline terms and conditions |
* Cancellation charges for Classic Collection packages may vary by program and are available to be viewed on each specific package’s webpage. Additionally, costs in connection with third-parties (including without limitation, Suppliers) may apply, including without limitation any amounts that we have paid or have contractually committed to pay to third parties to deliver your Travel Products which we cannot reasonably recover. For example, if a person in a party cancels and there is a room charge caused by this cancellation (such as a double room to single, or triple to double room), charges for the new room type will be the responsibility of the remaining members of the party. Cancellation charges apply to Suppliers of Travel Products such as accommodations or transfers prior to and/or after the Departure Date of your trip, itinerary extensions, or cruises reserved through African Travel.
**Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
***Since changes are considered canceled services, additional cancellation penalties may apply to any changes to your approved final itinerary.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we require the purchase of a travel protection plan and strongly recommend additional “Cancel For Any Reason” coverage.
Minor Booking Changes Requested by You
In our sole discretion, we may deem a change requested by you prior to your final payment due date a “minor booking change”. We do not charge any fees for “minor booking changes”, however, any third-party costs incurred shall be passed on to you. Costs and charges may increase the closer to your Departure Date that your changes are requested. We will endeavor to make your requested changes, although it may not always be possible.
Cancellation or Changes by African Travel
In the event the Travel Products described in your itinerary cannot be supplied, or the itinerary is changed due to circumstances requiring such changes, or delays or any cause outside of our control (whether or not foreseeable), we may seek to substitute comparable Travel Products, services or itineraries. Thus, African Travel and its Suppliers reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. There shall be no refund in these circumstances, and traveler is responsible for any additional costs for air tickets or other travel arrangements not made by us.
Your Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the trip. Sightseeing trips may be altered as described above. African Travel cannot be held responsible for any closures, necessary itinerary changes, adjustments, cancellations, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.
TRAVEL PROTECTION.
It is the traveler’s responsibility to protect their purchases. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
For this reason, each traveler’s purchase of Travel Protection Coverage is mandatory and required at time of final booking payment and additional “Cancel For Any Reason” coverage is strongly recommended. Such plan is required to cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. You must email African Travel proof of your travel protection coverage no later than thirty (30) days prior to the commencement of your trip. Travel documents will not be released without this information. African Travel works with a reputable insurance company, Aon Affinity, to offer a travel protection plan designed for safari vacations. For your convenience, the link to Aon Affinity is available at: https://affinitytravelcert.com/docs/AFR04. If you purchase travel protection coverage through another travel insurance broker, it is necessary to meet African Travel’s minimum travel protection coverage requirements. The link to African Travel’s minimum coverage requirements is available at: https://africantravelinc.com/content/travel-protection-plan, and additional details on the specific travel protection plan offered by African Travel through Aon Affinity is available at: https://africantravelinc.com/sites/default/files/TRAVEL%20PROTECTION%20PLAN.pdf.
For questions about the travel protection plan offered by African Travel, contact a plan administrator at 1.844.260.7912. Said plan was designed and is administered by Aon Affinity, which is the brand name for the brokerage and program administration operations of Affinity Insurance Services, Inc. (TX 13695); (AR100106022); in CA & MN, AIS Affinity Insurance Agency, Inc. (CA 0795465); in OK, AIS Affinity Insurance Services, Inc.; in CA, Aon Affinity Insurance Services, Inc. ( CA 0G94493), Aon Direct Insurance Administrators and Berkeley Insurance Agency and in NY, AIS Affinity Insurance Agency. Travel insurance benefits are underwritten by Arch Insurance Company, with administrative offices in Jersey City, NJ (NAIC #11150), under Policy Form series LTP 2013 and applicable amendatory endorsements.
African Travel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans not offered directly by African Travel. African Travel cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. African Travel cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
TRAVELER INFORMATION.
While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all airlines allow name changes or corrections, and the same may require the purchase of a new airfare, the cost of which shall be passed on to you. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
CREDIT CARD BOOKINGS.
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, (as well as payment via Zelle, PayPal, or Venmo) travelers must provide to us a click (checkbox) or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. African Travel retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
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Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
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Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
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Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
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Chargebacks resulting from force majeure or other circumstances that are beyond the control of African Travel or the Supplier.
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Chargebacks resulting because you do not agree with the cancellation policy.
PRICE AND RATE CHANGES.
The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published. We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our Suppliers, dues or taxes payable locally, government action, currency fluctuations and are based on tariffs, taxes and exchange rates in effect at that time. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new invoice reflecting any changes made. After final payment your price is locked in.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel 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. In the case of computer or human billing errors, we reserve the right to re-invoice participants with correct billing. Every effort is made to ensure brochure accuracy at the time of going to press, however, African Travel cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances and those outside the control of African Travel. Moreover, photographs and descriptions of locations or attractions are merely representatives of conditions that existed at time of brochure printing and conditions may not be the same at the time of your journey.
What’s Included In Your Trip
Guided Vacation
Your itinerary will detail the type of transportation (e.g., luxury motorcoach, minibus, 4x4 vehicles, trains, cruises, ferries, inter-trip flights, etc.) that will be provided in connection with your trip. Please note that on some regional trips, transfers or sightseeing trips, smaller vehicles without air conditioning or toilet facilities may be used.
Accommodations
Accommodations are provided as detailed in your itinerary and are based on two persons sharing a room with a private bath or shower. We may substitute hotels, camps, and lodges as we consider necessary or appropriate. Service charges and taxes are included for all accommodations. Special requests must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the Supplier, such requests are not guaranteed and are at the discretion of the Supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request. Since most of our tours are based on a minimum of two people, single accommodations, if available, are at an additional cost as indicated in the programs. Travelers should be aware that room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as American Disabilities Act (ADA) and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
African Travel reserves the right, if necessary, to substitute other similar accommodations for accommodations including without limitation, hotels, lodges and camps listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at African Travel’s sole discretion and no refunds will be offered for changes in accommodations. While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the Supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While African Travel does its best to maintain current and accurate information regarding these Suppliers, we cannot be held responsible for any inaccuracies in Supplier descriptions, amenities, or images.
Transfers
African Travel is pleased to offer transfers (between airports, rail stations motor coach terminal and hotels) strictly in accordance with your individual itinerary, subject to additional fees as described in said itinerary. Except as expressly provided in your itinerary, you are solely responsible for all other transfers to and from other locations/destinations. Transfers include up to two (2) pieces of luggage per person. Airlines may be more restrictive as to luggage allowance and it is your responsibility to adhere to their restriction. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
Meals
Meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, African Travel and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the Supplier of your request but we cannot guarantee their availability.
Sightseeing/Activities
Sightseeing trips and activities are included as provided in the individual itineraries. These trips and activities are designed to accommodate individuals as well as groups. We make every effort to use the most modern, comfortable transportation available in the locality, with English speaking drivers/guides. As a courtesy to others on the trip and/or activity, it is mandatory that you be on time for all scheduled experiences. Trips and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that trip and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
Changes to Itineraries
African Travel reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, seasonal closures or unforeseen events including weather, governmental closures, acts of God, or any other reason. African Travel reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No trips will be cancelled due to renovations, although African Travel may choose to amend itineraries for such sites. These changes will not be considered a material change and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the Supplier of the activity and your only recourse in case of damage will be against the Supplier of the alternate activity.
What’s Not Included
Any items and matters not referred to in your itinerary are not included in the trip price. This can include but is not limited to items such as international and domestic airfare, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed as included on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; optional experiences, excursions or activities you decide to undertake on your own; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided holiday/vacation whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Prices described as “LAND ONLY” do not include airfares, costs to obtain passports, visas, inoculations, excess baggage charges, airline seating assignments, all items of a personal nature such as drinks, snacks, laundry, phone calls and cables, Internet, paid TV entertainment, meals not specified in the itinerary, medicines, personal and baggage travel protection plan, and local airport taxes. These are examples of non-included items and are not an exhaustive list.
Non-Operation of Group Trips
Certain trips are based on a minimum number of participants. African Travel makes every effort to ensure that trips meet their minimum requirements. However, if the trip drops below the minimum number of participants cancellation of the trip may occur at the sole discretion of African Travel. In such case, guests will be advised at least 14 days prior to departure. African Travel reserves the right to change the departure date. We may offer alternative trip dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and African Travel will not be liable for the carrier’s refusal to make any refund whatsoever. In such case African Travel will not be liable for any additional costs incurred outside of the trip prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the trip.
No Refund For Unused Arrangements
As African Travel’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion. If a traveler fails to join the trip on the Departure Date, the cancellation fee shall be one hundred percent (100%) of the total cost of their itinerary, provided the traveler notifies African Travel of the delay and joins the trip later, at its sole cost and expense.
FORCE MAJEURE.
African Travel assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, lightning, low or high water levels, floods, water or power shortages or failures, tropical storms, hurricanes, landslides, or other natural disasters; riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, industrial disputes, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including without limitation, COVID-19 or any other disease or illness), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, failure or delays to scheduled transportation and the closure of airports or ports, or any other unforeseen circumstances or any other factors unforeseen by African Travel that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our Suppliers (and we are under no obligation to), we will refund these to you without any charge by African Travel.
Notwithstanding anything herein to the contrary, where a trip is terminated due to a force majeure event and we provide you with alternate accommodations, Travel Products or other assistance, then you agree that you shall be responsible for any costs and expenses incurred by us in connection with our provision of the same. Additionally, African Travel is not responsible for any Travel Products or other travel arrangements that you or your traveling party have made without our consent and which are affected by our cancellations.
INTERNATIONAL TREATIES.
Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time clients are not on-board planes, transportation or conveyances. We rely on international conventions which may apply to services provided by us, our transportation Suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of the services. International conventions which apply may, depending on the circumstances, include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for hotels. We are to be regarded as having all the benefits of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to clients and luggage.
DESTINATIONS AND DOCUMENTATION.
Travel to certain destinations may involve greater risk than others. African Travel urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID-19 or any other disease or pandemic-related requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including COVID-19 or any other disease or pandemic related requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, African Travel will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. African Travel strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. We are not responsible for any lost documentation or reservations, and no refunds will be given if you are unable to undertake some or all of your vacation due to your failure to comply with these requirements, or if you fail any tests, checks or other measures imposed by a Supplier or government necessary for you to travel. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, African Travel shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings trips. African Travel bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
INSECTICIDE NOTICE.
Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
NON-RESPONSIBILITY.
African Travel, and its employees, shareholders, agents, and representatives use third party Suppliers to arrange trips, transportation, sightseeing, lodging, and all other services related to this trip. African Travel is an independent contractor and is not an employee, agent, or representative of any of these Suppliers. African Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not agents or employees or representatives of African Travel. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither African Travel, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of African Travel. African Travel assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; African Travel assumes no responsibility or liability for personal property; and African Travel shall be relieved of any obligations under these Terms and Conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. African Travel accepts no responsibility for lost or stolen items.
ASSUMPTION OF RISK/WAIVER.
Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote and underdeveloped areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicle and conveyance collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, plants or non-potable water; differing levels of sanitation, exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, African Travel and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or wildlife including wild animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release African Travel from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of African Travel and traveler hereby covenant not to sue African Travel for any such claims or join any lawsuit or action that is suing African Travel. This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
INDEMNIFICATION.
Traveler agrees to and shall indemnify and hold harmless African Travel, and each of our officers, directors, employees and agents (collectively “African Travel”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by African Travel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, in connection with: (i) traveler’s breach or violation, or threatened breach or violation, of these Terms and Conditions and (ii) any damage caused by traveler while participating in the trip and (iii) any claims made by third parties in connection with any of the foregoing.
YOUR BEHAVIOR.
Each traveler in any trip planned by African Travel is expected to act responsibly and adhere to all behavior guidelines established by African Travel and our Suppliers. African Travel and all Suppliers reserve the right to remove you from any facility, hotel or resort property, trip location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with African Travel, you accept responsibility for any damage or loss caused by you or your group. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold African Travel or any of its related entities liable for any actions taken under these Terms and Conditions. Baggage and personal effects are at all times the sole responsibility of the traveler.
You acknowledge and agree to follow and abide by any and all laws and regulations of any state and/or country you enter while participating in the trip. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement and may prevent you from your continued participation. We require responsible alcohol consumption for your safety and for those around you. If you are asked to leave a trip for inappropriate behavior, violence, or any other disruptive action, you will not be refunded.
BAGGAGE FEES.
Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. African Travel is NOT responsible for additional fees incurred for baggage or seating.
For Fixed Wing Safaris, you are permitted one soft-sided bag, weighing no more than the limit stated in your tour documents. The weight limit will be set at 44 lbs. or lower, and could be as low as 25 lbs., depending on aircraft type and destination. Clients are responsible for arranging and paying to store excess baggage. Luggage and personal effects are at owner’s risk throughout travel. African Travel is not responsible if luggage is not permitted to be carried.
RE-CONFIRM YOUR FLIGHT.
African Travel advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES.
For the safety of our guests, African Travel reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. African Travel will communicate requests to Suppliers but cannot be responsible if Americans with Disabilities Act (ADA) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify African Travel at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a supplier due to a pregnancy, African Travel shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.
Children are welcome on our tours but an adult or guardian must always accompany and supervise the child(ren) and African Travel has the right, in its sole discretion, to exclude children from certain activities if it is not appropriate given the age of the children. Many countries require additional paperwork for children. If you plan on having children accompany you, please contact African Travel for additional information.
You must take personal responsibility for your health and wellbeing while traveling. This begins with packing any personal protective equipment and sanitizers you require. Please adopt physical distancing and hygiene practices throughout your pre-trip travel arrangements and follow all health instructions whether physical signage, or requests from our professional staff once you are traveling with us. To travel with us, you voluntarily assume all risks related to exposure to any and all diseases and illnesses of whatever type or nature, including without limitation, COVID-19. If you test positive while traveling with us, you will need to comply with the legislation or regulations of the country you are in and may not be able to continue to travel with the group. You may need to isolate in that country for the required number of days if stipulated by the local government. In the event that you are unable to travel with us or need to curtail your trip our cancellation charges will apply in accordance with our cancellation procedure. We will not be responsible for covering the cost of any curtailment of your vacation, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.
PHOTOGRAPHIC/VIDEO LIKENESS.
Traveler hereby gives consent and grants to African Travel a royalty-free, perpetual, and irrevocable license to publish any photographs and/or videos of the trip or traveler in printed or electronic media without obtaining further consent and without compensation. Each traveler releases African Travel and its representatives from any liability in connection with any use of such photographs and/or video.
DATA PROTECTION.
To process your trip booking, African Travel will need to use personal information for you and the travelers in your booking. Personal information may include each guest’s name, address, phone number, email address, passport number, and other sensitive information such as health, medical, dietary, mobility, religious or other special requirements. This personal information may be passed on to other Suppliers of your Travel Products in addition to public authorities (such as customs and immigration), security and credit checking organizations, and otherwise as required for us to arrange your Travel Products or as required by law. We may need to provide personal information to third parties who provide services to or for us (e.g. sending mail, providing marketing assistance, etc.). In making your booking, you consent to your personal data being passed to third parties as set out above. We may also use the personal information you provide us to review and improve the guided vacations and services that we offer, and to contact you (by post, email and/or telephone) about other guided vacations and services offered by African Travel that you may be interested in. If you don’t want to receive this information, or wish to opt-out of such communications, or if you want a copy of the personal information we hold about you, write to us at African Travel, Attn: AFRICAN TRAVEL, 330 North Brand Avenue, Glendale, California 91203. African Travel may charge a fee for supplying you with this information as permitted by law.
CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM.
You agree that you will only bring claims against African Travel in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. African Travel shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against African Travel unless you have first provided a typewritten notice of claim to African Travel within 30 days after the trip or cancellation of the trip, further provided that you agree to file suit within one (1) year of the incident and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year.
GOVERNING LAW/VENUE/JURY WAIVER.
These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in the State of California. You agree that you will only bring claims against African Travel in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. African Travel shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages.
CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND (TCRF).
Clients who purchase from within California: This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the client is located in California at the time of payment. Eligible clients may file a claim with TCRF if the client is owed a refund of more than $50 for transportation or travel services, which the seller of travel failed to forward to a proper provider, or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one client is the total amount paid on behalf of the client to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel formatters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by faxing a request to: (213)897-8846. Clients purchasing from outside of California: This transaction is not covered by the California Travel Consumer Restitution Fund.
THE USTOA $1 MILLION TRAVELERS ASSISTANCE PROGRAM.
African Travel shares the coverage available under the USTOA $1 Million Travelers Assistance Program with affiliates of TravCorp USA, Inc. who, as an Active Member of the USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of African Travel customers in the unlikely event of African Travel’s bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by TravCorp USA, Inc. and shared among its affiliates maybe sufficient to provide only a partial recovery of the advance payments received by African Travel. More details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.
ELECTRONIC COMMUNICATIONS.
You have a committed team by your side every step of the way. From check-in to check-out, you will have direct access to the African Travel team for us to handle anything you may need assistance with remotely while on vacation. You can expect us to check in with you via email and/ or text message before, during, and after your trip to ensure everything runs smoothly. You consent to receive electronic communications and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS.
These Terms and Conditions, including any other documents, itineraries, and invoices we provide you, constitutes our entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to African Travel. In the event of any conflict between these Terms and Conditions and any brochures, these Terms and Conditions shall prevail. If any provision of these Terms and Conditions shall be unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.
CONTACT US.
African Travel, Inc. welcomes your questions or comments about our itineraries:
African Travel, Inc.
330 North Brand Blvd
Suite 225
Glendale, CA 91203
Email: info@africantravelinc.com