TERMS & CONDITIONS
What is included-
Everything exactly as described in
the day-by-day description which includes
accommodations, transport, driver/guiding, park fees
and taxes, sightseeing as
described, all meals except breakfasts only in the cities
(Nairobi, Arusha, Moshi, Dares- Salaam, Zanzibar, Mombasa)
and all internal air flights that begin and originate
in the same country.
What is not included-
Everything not described in the day-by-day
description including but not limited to
tipping; visa fees and services; meals not included;
any air transportation for any
flight that does not begin and end in the same country;
beverages; air transportation
that includes the originating or destination cities
of Mombasa, Lamu, Pemba or Mafia;
insurance; communications charges like telephone and
wires; or any items of a
personal nature like film ad books.
How to book
Book your safari by using the appropriate
email address or telephone number listed on the Contact
Us page.
Reservation Deposit
Everything not described in the day-by-day
description including but not limited to
tipping; visa fees and services; meals not included;
any air transportation for any
flight that does not begin and end in the same country;
beverages; air transportation
that includes the originating or destination cities
of Mombasa, Lamu, Pemba or Mafia;
insurance; communications charges like telephone and
wires; or any items of a
personal nature like film ad books.
You must pay a deposit of 50% of your
total safari quotation in order for us to confirm
the booking. You may pay in any convertible currency,
but if it is other than U.S. dollars, please check first
with us for the exchange amount. Payment may be made
by bank draft (check), wire or electronic transfer,
or by VISA or MasterCard. To pay by credit card, download
the “Credit Card Authorization Form” following
this paragraph, complete it and sign it, then return
it to the U.S. office by fax or email after scanning.
Click
here to download the credit card authorization form.
If we are unable to confirm your request
exactly as you made it, we will confirm the
closest next best situation, and you will have five
business days to decline the alternative arrangements
for a complete refund of your deposit without penalty.
If we confirm your request exactly as you made it, or
after five days of confirming alternative arrangements
that you don’t decline, your booking is considered
“confirmed” and subject to the cancellation
penalties discussed below.
Cancellation After Booking
Different cancellation penalties apply
to the different types of safaris. In all cases cancellation
must be made in writing. (Email is fine.) Phoned cancellations
will not be considered valid. The date of the cancellation
will be the date shown the email was sent, but for posted
cancellations, the date of cancellation will be the
date the letter is received, not the date it may be
postmarked. The penalty that will be assessed is the
highest one that applies in the table below, based on
the date of cancellation.
Final Payment
Your final payment is due 65 days
before the safari is published to begin.
Other Important Terms &
Conditions
IN ACCORDANCE WITH TANZANIAN
& KENYAN LAW, THE FOLLOWING SECTION ON RESPONSIBILITIES
OF LOCAL TOUR COMPANIES IS PUBLISHED FOR YOUR REVIEW
AND GOVERNS HOOPOE’s CONTRACTS
WITH YOU:
Hoopoe Safaris, PLC,
is a private Tanzanian company with a branch offices
in Nairobi, London and Halifax, Canada. This contract
is between the agent and Hoopoe, PLC.
1. Contract
When a booking is made with The Company, either through
an intermediary Agent or direct, a contract is entered
into with either Hoopoe Adventure Tours Tanzania/Kenya
or Tropical Trekking Tanzania, referred to here as “us”
or “The Company”.
2. Reservations
& Payment
2.1 A 50% deposit is required on booking. A booking
shall only be considered confirmed by us on receipt
of the 50% deposit. The deposit is due within 14 days
of making the booking and there shall be no binding
contract until the deposit has been paid. Failure to
remit the deposit on time will result in automatic change
of status from provisionally held/confirmed to provisional-only
(possibly entailing subsequent wait-listing or even
inability to reinstate the booking when the deposit
is finally received).
2.2 The balance of payment is due at
least 40 calendar days prior to first day of service
provision. Failure to receive the balance by that date
shall automatically cancel the booking. Any refund then
due from deposit monies held shall be at our discretion,
subject to a minimum of US$200 per client.
2.3. “Day of Service Provision”
shall mean midnight/midnight on the stipulated date
of service provision.
2.4 Any booking made within 40 days
of first providing services shall be accepted provided:
space is available
payment is received
documents, if required, can be delivered prior to departure.
2.5 The Company shall not be responsible
for wire transfer charges.
2.6 Money paid by clients to a Travel
or other Booking Agent for on passing to the company
shall not be deemed received by The Company (and no
liability shall be incurred) until written notification
has been received by the Travel/Booking Agent from The
Company that such monies have been received
3. Cancellation
Charges & Refunds
3.1 Any cancellation must be made to The Company’s
booking office in writing. A telephone call should be
made to check that notice of cancellation has been received.
3.2 Cancellation charges shall apply
as follows:
a) 65% of total cost if cancelled 60-30 days prior to
first day of service provision.
b) 100% of total cost if cancelled 30 days or less prior
to first day of service provision.
3.3 Cancellation charges shall apply
on a full board rate, plus excursions and any other
activities as booked.
3.4 Cancellation charges shall be levied
on other products booked through The Company in accordance
with the terms & conditions of the provider of the
other product.
3.5 In the event of a “no show”,
the booking shall be treated as cancelled and cancellation
charges shall apply per 3.2.c above.
3.6 In the event of a cancelled booking
being reinstated by the client, such shall be subject
to space availability and the cancellation fees shall
be waived, less a US$500 per person handling fee.
3.7 Any request to change or amend a
booking once confirmed shall be accommodated if at all
possible, subject to space availability.
3.8 No refunds shall be given:
a) For lost travel time or necessary substitution of
facilities, especially by virtue of force majeure.
b) for itineraries necessarily amended after departure,
especially by virtue of force majeure.
c) for circumstances beyond The Company’s control
which necessitate alternative arrangements being made
to ensure safety and/or further participation or enjoyment.
d) if the client does not appear for any accommodation,
service or excursion without notifying The Company.
e) if the client leaves after the holiday or safari
has begun.
3.9 Group Bookings: Should one or more
pax cancel within a group booking, then the normal schedule
of cancellation charges shall apply (see 3.2 above)
subject to: Any refund paid to the person/those not
able to travel shall be calculated so as not to incur
any resulting surcharges for those member/s of the party
still travelling (unless The Company is notified, on
demand, in writing that such surcharge is acceptable
to all remaining travellers in the group).
3.10 Travel Agent and Trade Bookings: Travel agent and
trade-related bookings, if booked at discount (whatever
such discount may be) are subject to a 100% cancellation
charge once confirmed.
3.11 Force Majeure: See below.
4. Changes/Cancellation
by The Company
4.1 The Company must unfortunately reserve the right
to make changes, where unavoidable, to itineraries,
holidays and services both before and after a booking
is confirmed.
4.2 It is essential to understand that
local conditions in Africa are not always predictable
and border closures, poor road conditions and other
occurrences can and do from time to time cause delays,
frustrations and diversions from the planned itinerary.
Should such occurrence occur, before or during the holiday,
The Company shall do its best to minimise inconvenience
but:
4.2.1 In the event of a “significant
change”, example: where the destination has been
changed, the client shall be advised as soon as possible
and, if pre-departure, given the option - in the case
of The Company’s own products - of accepting the
changed arrangements (with balance payment due to The
Company if more expensive, or refund due to the client
if less expensive) or cancelling the booking and receiving
a refund of 85% of all payments made at the time of
cancellation, subject to a minimum of US$200 per client.
(In the case of refunds from third party accommodation
or services, these shall be subject to the terms and
conditions of the third party service provider).
If a “significant change”
occurs during the holiday, The Company shall do its
utmost to provide alternative arrangements with balance
payment due to The Company if more expensive than the
original arrangements, or refund due to the client if
less expensive. In the event of these not being acceptable
to the client (such acceptance not to be unreasonably
withheld) The Company shall refund the balance of monies
remaining unused from the portions of the itinerary
which pertain to The Company’s own products (less
transfers to the departure point) subject to a cancellation
fee of US$250 per person. (In the case of refunds from
third party accommodation or services, these shall be
subject to the terms and conditions of the third party
service or accommodation provider but The Company shall
do its utmost to obtain suitable refund on the client’s
behalf).
4.2.2. The Company has the right to
make a “minor change” to an itinerary, holiday
or service (for instance where daily scheduling is affected),
before or during a holiday without notice.
4.3 Accommodation: see below.
4.4 If cancellation is unavoidable by
The Company (for reason other than client’s failure
to pay) then the client shall be given the option of
purchasing another itinerary, holiday or service (with
any cost difference either to be paid or refunded) or
receiving a full refund of all monies paid at the date
of cancellation.
4.5 Some itineraries, such as set departures,
operate subject to a minimum number of bookings. The
Company shall not cancel for lack of numbers less than
6 weeks before departure.
4.6: Force Majeure:
4.6.1 In the event of a situation/occurrence of Force
Majeure (meaning any circumstance beyond The Company’s
reasonable control, including [but not limited to] acts
of God, explosion, tempest, fire or accident, war or
threat of war, sabotage, insurrection, civil disturbance,
requisition, sickness, quarantine, government intervention,
weather or other untoward occurrence), The Company shall
immediately notify the client of the nature and extent
thereof but shall not be in breach of these terms &
conditions or liable in any way (by way of delay or
non-performance of any of The Company’s obligations)
to the extent that such is due to any force majeure.
4.7.2 In circumstances of force majeure,
The Company shall have the right to vary or cancel any
itinerary, holiday or service. Refund, if due, shall
be at the discretion of The Company although all reasonable
endeavour shall be used to reimburse the client wherever
possible, less reasonable costs. If, under circumstance
of force majeure The Company, after due deliberation,
deems the itinerary, holiday or service to be able to
proceed then no refund shall be payable.
5. Transportation
5.1 Only safari-prepared 4 wheel drive vehicles are
used on safari. The Company reserves the right to employ
the services of sub-contractors. Highly trained and
experienced driver/guides are provided. No vehicle may
be driven by a client at any time.
5.2 Carriage (by land, sea and air)
is subject to the terms and conditions of the carrier
and to International Conventions, some of which limit
liability. Land, sea and air travel are also subject
to operational decisions of carriers and ports which
may result in cancellation, delays or diversions over
which The Company has no control and for which The Company
can accept no liability whatsoever.
6. Accommodation
Accommodation is normally quoted based on two persons
sharing a twin room or tent. Single occupancy may attract
a supplemental single occupancy charge. Hotels, Lodge
and camps are named as an indication of category and,
whilst The Company shall endeavour to actually use the
named establishment, rooms may be reserved at similar
establishments without liability or refund. Published
prices are based on tariffs and other costs prevailing
at the time of printing and are subject to change without
notice.
7. Cost
Inclusions/Exclusions
7.1 Inclusions: The price of ground arrangements includes:
All current taxes, accommodation, meals,
park fees, excursions, transfers and use of a safari
prepared 4-wheel drive (with driver/guide) as specified
only. CHECK INDIVIDUAL ITINERARY DESCRIPTIONS
7.2 Exclusions: Normally excluded from
the price of ground arrangements, unless otherwise specified,
are:
Airport departure taxes, visas, inoculations,
insurance, gratuities (tips), laundry*, alcoholic and
non-alcoholic beverages*, items of a personal nature.
* Included on some itineraries, either for the full
itinerary or part of same. CHECK INDIVIDUAL ITINERARY
DESCRIPTIONS.
7.3 The Company, whilst endeavouring
not so to do, must reserve the right to make surcharges
when these are unavoidable, for instance due to currency
fluctuations or revisions of local taxation. Such surcharge
will be notified in writing and must be paid within
14 days of notification, making due allowance for normal
postal delivery. Non-payment may be construed as an
act of cancellation and subject to these terms &
conditions.
8. For
Clients Information
8.1 The Company and its agents act as a booking agent
in all matters relating to hotel and lodge accommodation,
tours, airlines/charters, bus companies, ground transportation,
boat owners and other independent contractors providing
accommodation, transportation and/or other services,
each of which is an independent corporation outside
The Company’s control and each of which has it’s
own terms and conditions. As such, The Company shall
not be liable for injury, delays, loss or damage in
any manner.
8.2 The Company’s liability to
passengers carried in its own vehicles is governed by
the laws of the country in which the tour takes place
and no other country.
8.3 All claims are subject to the jurisdiction
of the courts of the country in which the actual service
or accommodation was provided.
8.4 The Company reserves the right to
employ sub-contractors for all or part of its services;
in the event of such right the terms of this clause
apply.
8.5 Whilst every care is taken, The
Company cannot be held responsible for loss or damage
to baggage.
8.6 As provided for elsewhere in these
terms and conditions, The Company reserves the right
to cancel any itinerary, holiday or service or any part
of it, to make such alterations in the itinerary as
deemed necessary or desirable, to refuse to accept or
to retain as a member of any programme any person at
any time and to pass on to programme members any expenditure
occasioned by delays or events beyond The Company’s
control. In case of any appreciable variation in costs,
right is reserved to adjust rates.
9. Health
& Risks
9.1 Yellow Fever and Cholera vaccinations are mandatory
in many African countries. Other inoculations, such
as Tetanus, Polio, Typhoid Meningitis and Hepatitis
may also be recommended. Advice should be sought from
a reputable travel clinic or medical practice in good
time before departure, responsibility for so doing lies
solely with the client.
9.2 There is a risk of malaria in many
African countries, prophylactics are recommended. Advice
should be sought from a reputable travel clinic or medical
practice in good time before departure, responsibility
for so doing lies solely with the client.
9.3 Client’s attention is drawn
to the fact that there are certain risks inherent in
participating in the type of itinerary, holiday and
service provided by The Company (by dint, inter alia,
of it’s location and the adventurous nature of
some activities). The Company shall not be liable for
illness, injury or death sustained on an itinerary,
holiday or service sold by it which is not due to gross
negligence of The Company, its officers, employees,
authorised representatives or agents whomsoever.
9.4 Mountain Climbs: Client’s
attention is drawn to the fact that climbing mountains,
especially above normal altitudes that prevail in client’s
county/locality of origin, is inherently dangerous.
Proper medical advice should be sought in good time
before booking.
10 Insurance
10.1 It is a condition of booking that all clients are
individually insured, either through their Travel Agent
or independently. In the latter cases, The Company shall
be provided with details of client’s insurance,
including 24-hour emergency contact number/s, at the
time of booking and it is the client’s responsibility
to ensure that the insurer is aware of the destination
and the type of activity to be undertaken. Insurance
should cover, at least:
personal accident including death and disability
medical expenses
repatriation
trip curtailment/cancellation
loss of personal effects
10.2 The Company is able to arrange
AMREF (Flying Doctor) cover (which it strongly recommends)
on behalf of clients and will do so on some itineraries,
adding the cost into the price of the holidays, unless
instructed otherwise.
10.3 Client’s insurance company
should always be informed, and proper advice sought,
before booking an itinerary which includes trekking
or mountain climbing.
11. Travel Documents
11.1 It is the client’s responsibility to ensure
that all travel documents and vaccinations are current
and valid for the journey in question.
11.2 The Company shall not be responsible
for any delay, interruption or cancellation resulting
from client’s failure to provide required documentation
to immigration or other authorities at any time.
12 Complaints
& Disputes
If there is cause for complaint whilst on holiday, whether
with The Company’s products or any other product
for which The Company has made booking as an agent,
then this must be brought to the attention of the General
Manager or his appointee or agent who will do their
best to rectify the situation. It is unreasonable to
take no action whilst on holiday and then write a letter
of complaint upon return; The Company cannot accept
any liability in relation to any complaint or problem
if such is not notified at the time of occurrence. Should
the problem remain unresolved by The Company, third
party contractor or product, a complaint should be made
in writing to The Company’s booking office within
28 days of completion of the itinerary, holiday or services
provided by The Company.
13. Special
Requests
Clients should advise The Company of any special request
(for example: special diet or on account of physical
disability) at the time of enquiry or submitting a reservation.
The Company will do it’s utmost to meet such requests
wherever possible.
14. Brochures
& Information
All information published by The Company, whether as
brochure, written material, electronic or otherwise
is correct (to the best of The Company’s knowledge)
at the time of going to press but the right is reserved
to change the same. Photographs and information depict
typical scenes and detail but the actual subject matter
depicted may not be seen or experienced whilst on holiday.
15. Terms
& Conditions
These terms & conditions govern the relationship
between the Company and it’s clients to the total
exclusion of any other terms & conditions. No alteration
to these terms and conditions may be made by any of
The Company’s employees, authorised representatives
or agents unless in writing by one of The Company’s
authorised senior officers. All decisions subject to
The Company’s discretion shall be made by one
of The Company’s authorised senior officers.
16. Conditions
of Booking
16.1 Whilst on holiday, clients are requested to comply
with the instructions of The Company’s representatives
at all times.
16.2 Any client who shall be or become,
in the opinion of any representative of The Company:
incapable of caring for him/herself objectionable to
others a hazard to him/herself or others
shall not be permitted to continue on the itinerary,
holiday or service provided by The Company and, in such
event, the booked arrangements may be terminated without
any liability on either The Company’s behalf or
that of the supplier/contractor concerned.
16.3 Please remember that booking an
itinerary, holiday or service with The Company is entering
into a binding agreement that assumes all the terms
and conditions herein mentioned are fully understood.
The construction, validity and performance
of any Agreement, including these terms and conditions,
between the client and The Company shall be governed
by the laws of Tanzania and Kenya and the parties submit
to the exclusive jurisdiction of the Tanzanian/Kenyan
courts.
17 Proper
Law
The construction, validity and performance of any Agreement,
including these terms and conditions, between the client
and The Company shall be governed by the laws of Tanzania
and Kenya and the parties submit to the exclusive jurisdiction
of the Tanzanian/Kenyan courts.
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