Terms & Conditions
Explora Journeys Africa Limited-General Customer Terms and Conditions of Operations (“the Business Terms”) Note. Please, kindly note that all bookings are subject to the Explora Journeys Africa Limited General Customer Terms and Conditions that guide our adventure safaris and all other operations across Africa and with all our partners globally. 1. CONTRACTING PARTIES 1.1 These customers terms are legally binding between the customer named on the quotation and confirmation documents/details (herein after referred to as “Client(s)” or “you”) as listed in the Schedule as the Client(s) to the holiday and safari booked for an experience, (each herein after referred to as “client(s) ” or “we”), each referred to in these customers Terms as a “Party”, or together as “the Parties”. They govern any booking you make at one or more of our operational offices, as detailed in clause 26. 2. BACKGROUND 2.1 Our Services are provided to you in a business-to-customer capacity. 2.2 This Agreement governs any reservation for flights reserved, accommodation, road transfers/transport, services, amenities and/or facilities (“Services”) and the terms on which we operate. 3.1 3.1 The contract between you and us commences once we issue a written confirmation of the reservation/booking as we await payments, 3.2 3.2 Where you have made a booking which covers multiple designated destinations across Africa, the services to be provided by each individual country’s operations will constitute a separate contract with our subsidiary company or branch which operates the respective destination. 3.3 3.3 Prior to the contract(s) being formed, any provisional reservation is held entirely at Explora Journeys Africa Limited ’s discretion until clients fully effects the agreed payment. 3.4 3.4 Each booking accepted by Explora Journeys Africa Limited in accordance with the above shall constitute an individual contract between Explora Journeys Africa Limited and the Client(s) (“Booking”). 3.5 3.5 The contract(s) between you and us will consist of these customers Terms together with any quotation and/or any information about the safari, stay or flight information we may provide you with on our website or otherwise, this booking confirmation and any other written information we brought to your attention before we confirmed your booking. 3.6 3.6 This Agreement shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other document or correspondence and no additional alteration or substitution of these customer Terms will bind Explora Journeys Africa Limited or form part of any Booking unless they are expressly accepted in writing by a person authorised to sign on Explora Journeys Africa Limited’s behalf. 4. PRICE AND PAYMENT 4.1 A non-refundable deposit of 25% of the price of the booking is required within 10 days of us issuing a booking confirmation to a client unless otherwise agreed with client(s). 4.2 The balance of the price of the booking is payable earlier as may be agreed or 90 days prior to departure time. If the booking/reservation is made within a period of less than three months (90 days) from the client’s arrival time/date, the entire booking price must be paid at the time of confirmation. Last minute bookings must be paid in full before arrival. Failure to pay on time may result in cancellation of a Booking with cancellation penalties consistent with the customers and booking terms. 4.3 Explora Journeys Africa Limited shall be entitled to charge the Client(s) a surcharge at any time in the event of a fluctuation in exchange rates or in the event of the imposition or increase of any dues, levies or taxes or fees arising from the result of governmental action (including, but without limitation, an increase in VAT). Furthermore, Explora Journeys Africa Limited reserves the right to correct any errors in the prices of confirmed Bookings. 4.4 Explora Journeys Africa Limited shall have right to charge interest on any outstanding sum due under this Agreement from the date on which such sum was due until actual payment at the rate of 5 per cent per annum above the base rate of the designated destination’s central bank lending prevailing on the due date of payment. The Client(s) shall pay the interest together with the overdue amount. For payment by credit card Explora Journeys Africa Limited reserves the right to charge a levy. 5. CANCELLATION BY THE CLIENT(S) 5.1 The Client(s) may cancel the Booking at any time before commencement of the holiday travel, adventure safari, private flights, private villas/accommodation confirmation and any stay has begun. 5.2 All cancellations should be made in writing. The following cancellation charges will be payable (calculated on the prorated and total value of the Booking): – If cancellation is received 90 days prior to the arrival date – 25% (Embedded within clause 5.1 of the same policy document). – If cancellation is received between 89 to 31 days prior to arrival – 50%. – If cancellation is received between 30 to 16 days prior to arrival – 90%. – If cancellation is received less than 15 days prior to arrival – 100%. 5.3 Should the Client(s) only cancel some of its Booking, the charges set out in Clause 6.2 will be pro-rated per customer. Please note that partial cancellations may result in additional supplemental charges becoming payable on the remainder of the Booking. 5.4 Cancellation of airline tickets and gorilla trekking permits will be subject to the refund policy of each individual airline or our private flight operator/partners and gorilla trekking permits’ issuing government regulators. We will advise you of these as soon as possible after receipt of the written cancellation. However, our regional or local private flight partners and gorilla trekking permits issuing regulators charge 100% once the booking is confirmed and payment made. 6. CANCELLATION BY EXPLORA JOURNEYS AFRICA LIMITED 6.1 Explora Journeys Africa Limited shall be entitled to cancel any Booking by giving notice to the Client(s) at any time if the Client(s) has failed to make any payment under the terms of these customer’s Terms or if the Client(s) has failed to make a payment due under the terms of any other contract with Explora Journeys Africa Limited. 6.2 In the event that Explora Journeys Africa Limited cancels the Booking in accordance with the provisions of clause 6.1 above Explora Journeys Africa Limited shall be entitled to charge the Client(s) the cancellation fee as set out in clause 6.2 (or the quotation, where different). 6.3 Explora Journeys Africa Limited reserves the right to cancel any Booking if, in its opinion, the performance of the Booking will damage the reputation or goodwill of Explora Journeys Africa Limited or any of its affiliate companies or owned brand names. In such circumstances, the Client(s) will be entitled to a full refund of the Booking price. 6.4 Explora Journeys Africa Limited reserves the right to cancel or amend the Services without any liability where the Services cannot be supplied at all or cannot be supplied as described or agreed due to circumstances beyond its control or the control of the applicable third-party suppliers. 7. LIABILITY 7.1 Explora Journeys Africa Limited will not be responsible for any loss or damage incurred by the Client(s) that relates to any business activity; or which could not have been foreseen at the time the Client(s) made his or her booking in light of the information the Client(s) gave to Explora Journeys Africa Limited at that time. 7.2 Explora Journeys Africa Limited ’s total liability to the Client(s) for all other losses arising under or in connection with these Customer Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost of the affected Booking as shown on the invoice sent by Explora Journeys Africa Limited to the Client(s) (or the appropriate proportion of this if not all of the Services are affected). 7.3 The Client(s) shall indemnify on demand Explora Journeys Africa Limited in full against all losses, damages, liability, claims, costs, fines, penalties and expenses (including reasonable legal expenses whether or not proceedings are brought) awarded against or incurred or paid by Explora Journeys Africa Limited as a result of or in connection with any breach of these customer Terms by the Client(s); and/or any act by the Client(s) outside of the scope of these customer Terms or otherwise without the authority of Explora Journeys Africa Limited . This indemnity will continue to apply after these Customer Terms come to an end for whatever reason. 7.4 Explora Journeys Africa Limited reserves the right to change the Services which are the subject of the Booking at any time prior to departure of, or during the course of, the Services if Explora Journeys Africa Limited considers it necessary to do so in the light of Bookings, availability or unforeseen circumstances arising 7.5 Whilst all reasonable attempts have been made to ensure the accuracy of information, descriptions and photographs provided by Explora Journeys Africa Limited, certain such material, where applicable, is provided to Explora Journeys Africa Limited by its suppliers, customers and as such Explora Journeys Africa Limited cannot accept any responsibility for the accuracy of such material. Where any such material is sourced directly by Explora Journeys Africa Limited then it is accurate at the time of taking, however it is foreseeable that some destinations will change in appearance due to weather or other seasonal changes or external influences, and as such Explora Journeys Africa Limited cannot guarantee the accuracy of any such material. 8. OBLIGATION OF THE CLIENT(S) 8.1 The client undertakes and guarantees to the Explora Journeys Africa that he or she shall: 8.2 ensure that his/her obligations under these Customer Terms are performed with appropriate levels of reasonable diligence, and due care. 8.3 not at any time do, authorise, or permit any act or omission which in any way shall alter, harm, misuse or bring into disrepute, impair, or adversely affect the intellectual property rights of Explora Journeys Africa Limited. 8.4 not perform its obligations under these Customers Terms in any manner which is inconsistent with these Customers Terms and which in the reasonable opinion of Explora Journeys Africa Limited is prejudicial to the reputation of Explora Journeys Africa Limited operations across Africa and worldwide. 8.5 comply with all relevant laws, regulations, and any requirements of any regulatory, governmental, or quasi-governmental body or agency. 8.6 not adopt or use, otherwise than in accordance with the provisions of these Customer Terms, any trademarks, brand names or other marks used by Explora Journeys Africa Limited. 8.7 If Explora Journeys Africa Limited ’s performance of its obligations under these Customer Terms is prevented or delayed by any act or omission of the Client(s), its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, Explora Journeys Africa Limited shall be allowed an extension of time to perform its obligations equal to the delay caused by the Client(s). 9. COMPLAINTS 9.1 Without prejudice to the remainder of this clause 9, Explora Journeys Africa Limited endeavours to provide the Services to a very high standard. However, should the Client(s) or any of its customers encounter any issue or problem with the Services; the Client(s) must contact Explora Journeys Africa Limited immediately who will endeavour to assist. Where possible, all such issues or problems should also be raised directly with the third-party supplier at the time of arising (where applicable), to enable investigations to take place and remedies (where possible / appropriate) to be implemented. 9.2 The Client(s) accepts that he or she is indirectly liable to third parties in absence of reasonable behaviour and proper performance of their obligations arising from the contractual terms held by Explora Journeys Africa Limited with such third parties across Africa and worldwide. 9.3 Client(s)’s contract with his or her customers. 9.4 In the event of a complaint being made by any of our customers in accordance with the above, relating to Explora Journeys Africa Limited and in particular the inadequacy or non-provision of the Services, the Client(s) must notify Explora Journeys Africa Limited in writing of any such claim or complaint immediately upon receipt through our bookings contact(s) or directly to compliants@explorajourneysafrica.com 9.5 Following investigation, Explora Journeys Africa Limited shall advise the Client(s) of its decision and/or the number of compensation(s) agreed (if any) to the Client(s) in writing. Explora Journeys Africa Limited shall pay such amounts to the Client(s) as agreed between the parties. It is understood that the Client(s) shall not deduct the amounts relating to compensations from payments due by the Client(s) in accordance with clause 5, except where expressly agreed between the parties in writing. 9.6 The Client(s) acknowledges and accepts that Explora Journeys Africa Limited is under no obligation to honour any compensation already proposed or granted by any customer. 10. LICENCES 10.1 Explora Journeys Africa Limited grants the Client(s) a non-exclusive, world-wide, revocable licence to reproduce (and re-size where necessary) the photographs, videos, and descriptions of the Services (“the Content”) made available to the Client(s) by Explora Journeys Africa Limited for the purposes of re-selling the Services to his/her colleagues, family, friends, workmates, relatives and any other potential customers as and when he or she wishes. The licence granted by this clause is non-assignable; personal and cannot be sub-licensed to any other party. 10.2 All intellectual property rights in the Content shall remain vested in Explora Journeys Africa Limited or the applicable copyright owner. The Client(s) shall not use the Content for any purpose other than that expressly granted by the licence in this clause. 11. GENERAL TERMS APPLICABLE TO THE SERVICES 11.1 Special requests: Explora Journeys Africa Limited supplies the Services to the Client(s) on a business-to-customer basis. However, if any of our customer(s) has/have any exceptional and special requests relating to any of the Services offered, we shall advise the client(s) or his/her agent at the time of booking. Where applicable, Explora Journeys Africa Limited will pass on all such requests to any third party we partner with and will endeavour to ensure that they are met to the utmost context across all our operated and designated destinations/countries. 11.2 Disability Service Requests: Any requests for services appropriate for someone with a disability must be submitted in writing to Explora Journeys Africa Limited prior to Explora Journeys Africa Limited providing a quote for the Services. Any such requests made after Explora Journeys Africa Limited has issued a quote, and not listed on your booking confirmation, will not form part of the contract between Explora Journeys Africa Limited and the Client(s). Explora Journeys Africa Limited will try to advise you as to the suitability of the chosen arrangements for the utmost experience based upon the information you (‘The Client”) provide but it will be your responsibility to ensure that you are comfortable with the potential experience based on our specially and professional guidance before eventually engaging into it. We will pass on any requests for specific services where somebody is enabled differently is identified to the utmost provided around/within the designated destination and across the country, but we cannot guarantee that such requests will be met in all exceptional ways to the first world countries considering the operational context and standards of living across the African continent. 11.3 Explora Journeys Africa Limited: Booking Conditions: The client(s) or his/her agent(s) involved must pass on Explora Journeys Africa Limited’s Booking Conditions, available here on our website (www.explorajourneysafarica.com) communicated to them at the time of confirming their booking. It is the client(s) and agent(s) responsibility to ensure that the client(s) abide by those conditions as far as they are applicable. In the event of a conflict between the Booking Conditions and these Customer Terms, these Customer Terms will take precedence. 12. TERMS ON WHICH WE AUTHORISE OUR CLINETS TO SELL OUR PRODUCT/SERVICES 12.1 Explora Journeys Africa Limited authorises the Client(s) to make onward sales as principal and to act only to sell Services to any other consumers by entering into a direct contract with them, as principal to that contract (“Principal Sales”). The Client(s) agrees to act as principal at all times when selling Explora Journeys Africa Limited Services. The Client(s) is not authorised to act as agent on behalf of Explora Journeys Africa Limited unless expressly mutually agreed or confirmed in writing. However, the client may refer/recommend to Explora Journeys Africa Limited any potential contact(s) and partners of any nature that they may identify and presume to be passionate and interested in the nature of services offered by Explora Journeys Africa Limited under all its brand names and affiliates/brand names around Africa and globally. 12.2 In respect of all Principal Sales the Client(s) or his/her agent agrees: – 12.3 To ensure that any contract for any Services incorporates a set of booking conditions, which clearly set out a contract between the Client’s agents and his/her customer for the supply of the Services before the Client(s) confirms any Booking. 12.4 To ensure that any of the customers who consider booking the Services are made aware of the requirements of the “Fitness to Travel” for a holistic experience. 12.5 To create and despatch contractual documentation in such a manner so as to ensure that it is clear to its customers that the contract is between the Client’s agent and its customer. 12.6 That it is directly responsible to its customers for the provision and fulfilment of all contracts it has with the customers and that all sales made by the Client agent, whether as a package or otherwise, shall comply with all applicable consumer laws, regulations, and codes of practice. 12.7 Not to represent to any customer that their arrangements will be protected by any means of financial protection for their forward payments and repatriation in respect of the Services, arranged by Explora Journeys Africa Limited. 12.8 To ensure that all of their customers who book any Services have in place appropriate travel insurance to cover them from the time of Booking until the stay has taken place. 13. TIME LIMITS FOR CLAIMS AND PROCEEDINGS 13.1 Any claim under the provisions of these Customer Terms shall be notified by the Client to Explora Journeys Africa Limited and its affiliates in writing within 10 days after the end of the provided services. If such claims are not made within this period, then Explora Journeys Africa Limited shall have no liability for such defect or failure. 13.2 Explora Journeys Africa Limited shall not be liable to the Client(s) in respect of any claim, if proceedings to enforce the claim are not started by no later than 10 days after the day on which the Services should have ended under the terms of the Booking. 14. REGULATIONS REGARDING PASSPORTS, VISA, CUSTOMS DUTIES, FOREIGN CURRENCIES AND HEALTH 14.1 The client is responsible for the compliance with regulations in force in the visited countries/designations regarding passports, visa, customs duties, foreign currencies, and health. The Client(s) shall bear all liabilities arising from their failure to comply with such regulations and Explora Journeys Africa Limited shall bear no liability or responsibility whatsoever in such circumstances. However, Explora Journeys Africa Limited shall provide the necessary guidance on how to proceed with such travel requirements. 15. GENERAL REMINDER 15.1 Any typographical, clerical, or other error or omission in any brochure, quotation, price list, confirmation of offer, invoice or other document or information issued by Explora Journeys Africa Limited or under its other brand names or partners shall be subject to correction without any liability on the part of Explora Journeys Africa Limited. 15.2 The client(s) shall not be entitled to assign this Booking or any rights/parts or obligations arising under the terms of this Booking to any third party without our written consent. 16. CONFIDENTIALITY 16.1 The parties agree to keep confidential the contents of these Customer Terms and any confidential information relating to Explora Journeys Africa Limited, or the client(s) served unless expressed sought, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law. 17. NO PARTNERSHIP / JOINT VENTURE 17.1 This customer terms and conditions giving rise to a service Agreement shall not operate to create a partnership or joint venture of any kind between the parties unless expressly agreed between the two parties. 18. DATA PROTECTION 18.1 Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation which arise in connection with these Customer Terms and conditions. For any queries about your privacy, email them direct to: privacy@explorajourneysafrica.com 19.1 Neither party shall be liable for failure to perform its obligations under these Customer Terms if such failure results from acts, events, omissions or happenings beyond its reasonable control including, without limitation war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers or any incident which is similar in nature or effect to any of the foregoing (a “Force Majeure Event”). 19.2 Each of the parties hereto agree to give notice forthwith to the other upon becoming aware of a Force Majeure Event, such notice shall contain details of the circumstances giving rise to the Force Majeure Event and shall take all reasonable steps to mitigate the effect of the Force Majeure Event. 19.3 If by virtue of clause 20.1, the affected party shall be excused the performance of any obligation under these customer Terms for a continuous period of ninety (30) days, then the other party may at any time thereafter, and provided that such performance or punctual performance is still excused, terminate these Customer Terms immediately by written notice to the affected party. 20. NOTICES 20.1 Any notice to be given under these Customer Terms shall either be delivered personally, or by a prior introduced and authorised agent/party or shall be sent by email. 21. RIGHTS OF THIRD PARTIES 21.1 A person who is not a party to these Customer Terms shall have no right to enforce any term or part of these Customer Terms. 22. MISCELLANEOUS 22.1 The client may not assign, transfer, charge or otherwise dispose of all or any of its rights or obligations under these Customer Terms without the expressed prior written consent of Explora Journeys Africa Limited. 23. JURISDICTION AND SEVERABILITY 23.1 Any claim arising out of or relating to these Customer Terms shall be referred in the first instance to mediation. If mediation is unsuccessful then the dispute shall be settled by binding arbitration in the applicable legal forum as detailed in clause 25.1 of these Business Terms. In lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means. Mediation is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the mediator and administrative fees. 24. APPLICABLE LAW AND FORUM: 24.1 This agreement shall be construed, interpreted, and enforced in accordance with, and shall be governed by the laws of the jurisdiction where the operational service is located and has been provided. 25. RELATED AND RELEVANT EXPLORA JOURNEYS AFRICA COMPANIES/BRAND NAMES 25.1 Explora Journeys Africa Limited adventure safaris’ operations, holiday travel arrangement, discovery expeditions and any other business services across our designated designations in Africa that include Uganda, Kenya, Rwanda, Tanzania, Botswana, Zambia, South Africa, and Madagascar are managed by Explora Journeys Africa Limited through our owned brand and business name(s) that including Explora Journeys Africa only. |
