TERMS & CONDITIONS
All references to the “Company” in these terms and conditions shall Africa Rebound Safaris Limited, a limited liability company providing destination management services in Eastern Africa (Kenya, Tanzania, Rwanda, Uganda & Zanzibar). All references to “the Organiser” shall mean the person, firm or company contracting with the Company for Services (hereinafter defined) to be provided to Clients (hereinafter defined).
All references to “Client” shall mean the person, firm or company to be provided with Services by the Company and which are contracted for with the Company by the Organiser and shall include any person in any party accompanied or paid for by such person, firm or company and the personal representative of all such persons.
There is no contract between the Company and the Client.
These terms and conditions shall apply to all contracts made by the Company with an Organiser and constitute entire and exclusive agreement between the Company and the Organiser. No subsequent agreement in any way altering these terms and conditions shall be binding on the Company unless made in writing and signed by an authorized officer of the Company.
- Organizer‘s contracts:
In all the contracts agreements or arrangements with the Clients which involve or may involve the Services of the Company in any capacity, the Organiser shall state clearly and unambiguously that:
The Organiser is the principal and sole contractor with the clients or where the context so admits retail
Agents and other corporate bodies and persons [hereinafter jointly and severally called “the Retailer”] and the Company is at all times the agent of the Organiser and acting solely on behalf of the Organiser.
The Company shall be exempted from and in cases indemnified by the Organiser against all or any liabilities for acts, defaults or omissions of any third party.
The Organiser shall indemnify the Company in full against all or any claims by any Retailer or Client for any breach of contract whatsoever and howsoever caused.
- Tour arrangements
The Company will use their best endeavours to ensure that the transport, accommodation, meals and other agreed services [herein called “Services”] provided are fully in compliance with the information given to the Organiser but the liability of the Company to the Organiser to the breach of contract is restricted to liability where by the negligence of themselves, their servants or agents all or some Services are not provided in which event such liability shall be limited to the Company indemnifying the Organiser against claims by the Client only for the actual costs of the Service which was to have been provided, excluding all consequential damages whatsoever and whosesoever suffered or incurred including but not limited to the costs of air fares to and from the respective destination or any other such incidental or indirect costs whatsoever. In case of any such failure to provide any Service contracted for, the Company shall have the right to substitute alternative services of equal value subject always to such services being available; without prejudice to the foregoing:-
The Company accepts no liability for alleged inferior or inadequate Services or transportation vehicles or for the negligent, careless or wrongful acts or omissions of hotel keepers, inn keepers, lodge keepers and such like persons and their servants and agents or any other person not in the employment of the Company.
The Company accepts no liability for damages directly or indirectly arising out of delay in departures or arrivals occasioning the missing of roads, rail, ship or aircraft connections.
The Company accepts no responsibility for airline reservations and reconfirmations nor any liability for damages arising from any changes of airline schedules, cancellation of flights or errors and mistakes made by airline offices or travel agents. As regards all dealings with or for any Client relating to or touching upon air travel, airports, air bookings, travel agents and airlines, the Company legal relationship and standing is merely that of an intermediary between such third parties and the Organiser, Retailer, and Client without any liability to or for any of these parties such negation and waiver of liability being in all respects a pre-condition of all contracted relationships between the Company and the Organiser. The organizer must advise all the clients to protect their interest by insurance and careful attention to all documentation supplied to them by all such third parties.
The Company accepts no responsibility or liability in the event that Services of equal value having been offered to Clients are declined.
The Company may in their discretion employ sub-contractors to carry out all or any part of the Services in which event the indemnity provided in condition 2 above and the exemption provided by this condition and condition 13 and 14 below shall be deemed to apply also to the sub-contractor.
- Price Variation
The Company reserves the right to increase all or any of the prices without prior reference to the Organiser in any of the following events:
Official devaluation or revaluation of the local destination currency against the United States Dollar, the EURO, the Sterling Pound or the currency of the country in which the booking is made (if different);
Any statutory increase in taxes or other dues imposed by the local Governments or any officer or agent thereof;
Any local increase in the price of aviation fuel or motor vehicle fuel or any other increase in the cost of transport which forms part of the Services;
Any increase in the cost of accommodation or meals forming part of the Services;
Any increase in entrance fees to national parks, national reserves and sanctuaries and any other entrance fees forming part of the Service;
Any other increase in the Company operating costs or cost of providing the Services which are beyond the Company control and which the Company has every reasonable effort to prevent.
Africa Rebound Safaris provides porterage of up to two (2) pieces of soft baggage per person. Please note should your journey include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply.
Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and Africa Rebound Safaris assumes no liability for lost or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.
- Child Policy
The minimum age is 11 years old unless noted on the itinerary. All children under age 18 must be accompanied by an adult. Africa Rebound Safaris reserves the right to marginally exceed the published maximum group size on Family Journeys to accommodate a family. Note that some accommodations require that children below a certain age share a room with an adult.
The parent or guardian travelling alone with a child is recommended to carry documentation that proves their relationship to the child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Guests travelling with children who are not related are recommended to carry documentation which provides evidence they have permission to travel with the child. Guests are advised to check with the appropriate government authority to determine the necessary documents required for travel with children. Africa Rebound Safaris cannot be held responsible should the guest, child or any member of the travelling party be denied entry to a country due to noncompliance with a country’s requirements.
- Covid-19 Acknowledgement
Guest must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by Africa Rebound Safaris staff during their journey. Guest may not travel if they test positive for COVID-19 during the 14 days prior to departure; standard cancellation terms will apply. Guest must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and in accordance with local regulations. Noncompliance with these measures will result in not being able to continue on the journey. Guest voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party require testing, quarantine or become infected with COVID-19.
- Force Majeure
Force majeure means unusual and unforeseeable circumstances beyond Africa Rebound Safaris control or the control of our suppliers, the consequence of which neither Africa Rebound Safaris nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers.
In the event of a cancellation or material alteration to the journey as a result of the circumstances as described in this clause, Africa Rebound Safaris may in its sole and absolute discretion:
(i) Offer the guest(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
(ii) If alternative travel arrangements or products are not offered by Africa Rebound Safaris, we will provide a travel credit to the guest equal to the value of the trip less any sums Africa Rebound Safaris is not able to recover from any supplier.
Africa Rebound Safaris cannot assume responsibility for any other travel related costs included but not limited to air, insurance, visas and other travel arrangements, etc.
- Deposit and payment
A deposit of 30% is required on booking and the balance to be paid not later than 35 days before the Services commence.
- General Cancellation
Reservations that are cancelled or reduced in length of stay, or numbers are subject to cancellation charges as set out hereunder:
Cancellations received between 60 and 35 days prior to commencement of services shall be charged at 15% of the total cost of services.
Cancellations received between 34 and 14 days prior to commencement of services shall be charged at 25% of the total cost of services.
Cancellations received between 13 and 7 days prior to commencement of services shall be charged at 50% of the total cost of services.
Cancellations received within 6 days or after commencement of services shall be charged at the full cost of services.
NOTE THAT THE LUXURY AND EXCLUSIVE PROPERTIES HAVE DIFFERENT POLICIES AND THIS WE SHALL ADVISE AT THE POINT OF QUOTING:
NOTE DEPOSIT, PAYMENT TERMS AND CANCELLATION POLICES FOR RWANDA & UGANDA ARE DIFFERENT AND ARE INDICATED ON THE PROGRAMS AT THE TIME OF QUOTING.
NOTE DEPOSIT, PAYMENT TERMS AND CANCELLATION POLICES FOR HELICOPTER SCENIC SAFARIS ARE DIFFERENT AND ARE INDICATED ON THE PROGRAMS AT THE TIME OF QUOTING.
- Non-payment by the date for commencement of services
In the event that the Company has not received payment in full by the Date for Commencement of Services then the Company reserves the right in its absolute discretion to withhold all or any of the Services and the Company shall be entitled to collect the outstanding payment from the Client direct and to recover from the Organiser all cancellation fees which they are entitled to charge as per paragraph 9 above. The Company shall not be required to notify the Organiser, the Retailer or the Client prior to the date for commencement of Services that the Services or any part of the Services will be withheld.
The Company is insured against any legal liability which may arise out of injury or death to the Client in accordance with and to the extent required by the Laws of respective local destination.
The Company insurance does not cover illness, medical expenses, damage to or loss of baggage and consequential damages arising from any one of these or at all and the Organiser must advise Clients to effect their own insurance prior to their arrival in the local destination and such insurance to cover as a minimum, death, personal injury, medical expenses, damage to or loss of baggage and consequential damages arising in the event of any one of the foregoing.
- Injury illness and other risks
The Company accepts no liability for the injury illness infection or death of a Client which is not covered by the Company insurance referred to in condition 8 above.
- Loss of or damage to property
The Company accept no liability whatsoever for the theft of or other loss or damage to the property of any Client howsoever caused.
- Other general sales agents
Any other duly appointed General Sales Agents are merely Agents for the Company and all contracts entered into by the Organiser shall be deemed to have been made directly with the Company. All contracts made other than directly with Company are subject to ratification by the Company.
- Governing law
These terms and conditions shall be read and construed in all respects in accordance with the Laws of respective local destination’ s government and the Company and the Organiser shall submit to the exclusive jurisdiction of the respective courts.