Please read these terms and conditions thoroughly and carefully before booking a trip with us. This is a binding agreement between you and African Safari Consultants LLC (“ASC”).
1) RESERVATIONS AND PAYMENTS
- A) Reservations must be made by contacting African Safari Consultants LLC at the address indicated below.
- B) Safaris and other tours are booked and confirmed only on receipt of a 35% advance payment of the total safari costs. This advance payment is due within five (5) days of making the reservation. There shall be no binding contract until the advance payment has been received by ASC and your booking has been confirmed in writing by us. Failure to remit your advance payment on time will result in an automatic change of status of any confirmed space to a provisional basis and the possible inability to reinstate your reservation. We reserve the right to treat any reservation that is not fully paid according to the reservation and payments terms as a cancellation and subject to the cancellation terms below. Your cancelled check or wire transfer confirmation will act as your receipt. (As a courtesy, ASC will also acknowledge by email that your payment has been received.)
- C) If ASC is NOT making your complete travel arrangements for you, it will be necessary to furnish us with a copy of the confirmation of your transportation arrangements before we confirm our portion of your travel plans. ASC cannot be held liable for any penalties or losses incurred as a result of voluntary or involuntary changes to transportation schedules.
- D) Make all payments by check to: African Safari Consultants LLC, 12 Debrosses Street, Suite #257, New York, New York, 10013, or you may pay by credit card. If you wish to pay by wire transfer, please contact our office for details.
- E) The balance is due no later than sixty (60) days prior to your trip’s departure date. Departure as used in this agreement is defined as the date of the first flight that we have arranged for your, or the trip departure date as indicated on your confirmed itinerary, whichever comes first. If the balance has not been received by that date, ASC reserves the right to treat your reservation as cancelled and subject to the cancellation terms below.
- F) Any reservation made within sixty (60) days of commencement of a tour may be accepted provided space is available, payment in full is received, and necessary travel documents can be delivered prior to departure.
- G) ASC will not provide tickets, coupons, vouchers or travel documents until full payment has been received from you.
- H) ASC will not accept responsibility for wire transfer and / or overnight mail charges
- I) No client will be permitted to join a trip without payment in full being received by ASC
- J) Special airfares are capacity controlled and often sold out months in advance. In addition, many accommodations offered by ASC have a limited capacity. It is essential to make reservations well in advance to insure your preferred arrangements.
2) CANCELLATION POLICY AND REFUNDS
If you wish to cancel a tour, you must notify ASC in writing. Please send your written cancellation request to your designated travel consultant by email, or mail your written cancellation request to African Safari Consultants LLC, 175 Varick Street, New York, NY 10014. Include the date, your name and signature in your cancellation request. Cancellations are only effective when we receive written notification. A cancellation request is deemed received the business day it arrives to us, not the day you send it out or notify us by phone. If written cancellation is received 61 days before your departure, your deposit will be forfeited, specifically 35% of tour price. If written cancellation is received 60 days or less before departure, 100% of the tour cost will be levied as the cancellation charge. For these reasons, trip cancellation insurance is highly recommended
- A) Should you fail to join a tour after departure or leave it prior to its completion, ASC will not refund any monies.
- B) If you are a “no show” for any reason, ASC shall be entitled to treat your reservation as cancelled without having given ASC any notice, and the ASC’s cancellation policy shall apply.
- C) Any request to amend or change a booking once it has been confirmed may be accommodated subject to space availability. If ASC is able to assist, an administrative fee of $100 per change will be assessed. These fees will be added to your final invoice.
- D) No refunds are given (1) for lost travel time or substitution of facilities, (2) for itineraries amended after departure, (3) for circumstances arising beyond the control of ASC, necessitating alternative arrangements being made to ensure the safety and / or further participation and enjoyment of your safari, (4) any unused portion of your tour regardless of the reason, including but not limited to sightseeing, activities, meals, accommodations, or transport
- E) If the reason for the cancellation falls within the terms of any travel insurance policy you may hold, then any such charges will normally be refunded to you by your insurance company, subject to the terms of the insurance.
3) ASC’s ROLE AND RESPONSIBILITY AS A BOOKING AGENT FOR OTHERS
- A) ASC acts as booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, destination management companies, and other independent contractors providing accommodations, transportation and or other services abroad. We hire companies and other independent contractors that are qualified, competent and reliable in what they do, based on information that is reasonably available to us. Each of these companies and independent contractors is separate from ASC with its own management and is not subject to the control of ASC, including, but not limited to, various overseas ground operators The transportation, accommodations and other services provided these third parties are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them or their suppliers.. Because we act only as an intermediary for independent vendors and suppliers, ASC assumes no responsibility for their actions or inactions, including delay, cancellation, overbooking, financial default or strike, and cannot be held liable for any personal injury or property damage which may arise out of these third party services.
- B) All bookings are accepted by ASC as agent for independent overseas ground operators. Because ASC does not have the right to control the operations of the independent operators and their suppliers, ASC reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, and to pass on to tour members any expenditure incurred by delays or events beyond its control.
4) ASC’s FLEXIBLITY AND CANCELLATION OF TOURS
ASC and its local independent contractors reserve the right to cancel, shorten or otherwise alter or modify the tour itinerary without prior notice if air schedule or surface transportation changes or security matters or other events beyond their control (e.g., mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems) make such changes necessary for the safety, comfort and/or convenience of travelers.
If, prior to departure, we make any significant changes because of a problem with a supplier, for example a hotel bankruptcy, we will, as soon as reasonably possible, notify you of available alternatives. Such changes may require a supplemental payment from you. If there is a cancellation or change by us or any of our contractors, which is rare, ASC shall use reasonable efforts to reimburse you where possible or, at our sole discretion, give you the option of participating in an alternative tour. If the alternative tour chosen by you is of lesser or greater value than the tour originally booked then you will be entitled to a refund of the price difference or be required to pay the price difference, whichever the case may be. We will not reimburse you for any personal expenses such as airline tickets, hotel or other travel expenses due to changes in itineraries or tour cancellations. ASC shall be entitled to deduct from any refund any non-refundable deposits and third party cancellation fees.
5) FORCE MAJEURE
- A) “Force Majeure” means, in relation to ASC, any circumstances beyond the reasonable control of ASC (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences).
- B) If ASC is affected by Force Majeure it shall forthwith notify you of the nature and extend thereof.
- C) ASC shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
- D) If ASC is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. We must normally make substantial and non-refundable payments to its suppliers far in advance of the scheduled departure date. As such, payment of any refund by us to you as a result of the non-performance of any obligations will be less any non-refundable deposits and third party cancellation fees. Further, we shall be entitled to deduct from any refund recoverable the reasonable actual costs to ASC of the Force Majeure.
- E) Regarding civil unrest, once ASC has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of ASC whether to proceed with the trip. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, ASC is of the opinion that the trip may proceed, no refund will be payable to you and the cancellation policy shall apply.
As stated above, ASC highly recommends that you obtain the following types of travel insurance that cover medical emergencies, evacuation, loss of personal items, repatriation, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you::
- A) Emergency Evacuation
- B) Major Medical
- C) Accidental Death and Disability
- D) Loss of Personal Effects
You must purchase Trip Cancellation Insurance at or before the time of booking the tour, in order to be covered against any financial losses, in the event you are not able to do the trip, for whatever reason. We recommend our preferred insurance supplier:
Ms. Pari Morse
1 Earth Travel Protection
(CO license 274232 09/2008)
7) SURCHARGES AND EXCHANGE RATES
Rates used in the tours are based on tariffs, exchange rates and supplier costs valid at the time of printing and advertising tour. Should a rate vary against the U. S. Dollar by more than 3%, ASC reserves the right to recalculate the tour cost and apply the differential as a surcharge. ASC also reserves the right to adjust its tour rates in case of any appreciable variation in cost due to circumstances beyond ASC’s control (e.g., increased supplier costs). Any increase in the cost of a trip beyond 10% of the original price quoted to you will constitute a “substantial change” in the terms of the trip, thereby entitling you to cancellation rights as outlined above in the section titled “Flexibility and Price Adjustments for ASC’s Cancellation of Tours”) Any refund made by ASC shall be in its absolute and sole discretion.
8) CARRIAGE BY LAND, SEA AND AIR
- A) Carriage by Land, Sea and Air is subject to the terms and conditions of the carrier with whom you travel and to international conventions – some which may limit liability. Land, Sea and Air travel are also subject to operational decisions of carriers and sea ports which may result in cancellations, delays or diversions, over which ASC has no control and for which ASC accepts no liability whatsoever.
- B) The passenger contract in use by the airline carriers concerned, when issued, shall constitute the sole contract between the transportation companies and the purchaser of these programs and / or the passengers.
Temporary or permanent loss of baggage is the responsibility of you or the carrier. Please note that when traveling by light aircraft during your tour, space is limited, and luggage is limited to a weight restriction as is indicated in your itinerary and ONLY soft luggage or duffel bags are allowed. No hard suitcases are allowed, and NO EXCEPTIONS will be made.
10) TRAVEL DOCUMENTS AND VACCINATIONS
You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at such destinations. It is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license, or other documentation required for the trip are obtained and are in order. It is your responsibility to meet any additional costs incurred by yourself or by ASC on your behalf as a result of any failure by you to comply with such requirements. Anti-malaria precautions should be commenced prior to departure. Please consult your physician for more details. Safari clients should bring their own insect repellent as this may not be available in the camps. ASC may provide information or advice given on visas, vaccinations, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you. ASC is not responsible for any errors or omissions as to the information provided
Important Notice for Parents Traveling to South Africa With Children Under the Age of 18: On June 1, 2015, the South African government implemented new immigration laws aimed at curbing child trafficking. These laws affect anyone, including one or both parents, wanting to travel from or to South Africa with a child under the age of 18, and impose strict documentation requirements. See South African Immigration Act, 2002 (Act No. 13 of 2002). South African Airways has posted information about these new requirements on its website at: http://www.flysaa.com/us/en/planmytrip/travelAdvisory/sa-immigration-under-18.html. Minors traveling without the required documentation can be detained or deported from South Africa immediately. These new laws do not affect those traveling exclusively within South Africa.
11) SPECIAL REQUESTS
You must advise ASC in writing of any special requests, i.e. diet, facility or physical handicap, when you submit your reservation request to ASC, which will be met if possible.
12) INFORMATION IN BROCHURES / ELECTRONIC ADVERTISEMENTS
All information given in any brochure or otherwise advertised, (including electronic advertisements on the Internet) is, to the best of ASC’s knowledge, correct, but ASC reserves the right to change same. The photographs reproduced and information provided depict typical scenes experienced and details on each destination; but the subject matter may not necessarily be seen or experienced while visiting that destination.
You agree that ASC may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that are taken by our guides, staff and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services.
If you do not want us to use any images of you that are taken by us or other participants during the expedition, you must inform us in writing before your trip departs.
14) COMPLAINT PROCEDURE
If you have any cause for complaint while on your tour, you must immediately bring it to the attention of ASC’s local representative or agent, who will attempt to resolve the situation. Failure to do so while you are on the trip will result in your ability to claim compensation from ASC being extinguished or at least reduced. Further, if you make any changes on your own without following the notice procedure described above, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to us within 30 days of the end of the tour. We will not accept any liability for claims received after this period.
15) LIMITATION OF REMEDIES
You agree that to the extent consistent with applicable law, the maximum amount of recovery to which you may be permitted to recover from ASC shall not exceed the land cost of your trip with us. To the maximum extent permitted under applicable law, ASC shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ASC has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
The payment of the advance payment OR any partial payment for a reservation on a tour constitutes consent to all provisions of the conditions and general information contained in any brochure (electronic or otherwise), invoice and travel documents. The terms under which you agree to take an ASC tour cannot be changed or amended, except in writing, signed by an authorized officer or employee of ASC.
17) PRE-DEPARTURE DOCUMENTS
To participate in an ASC tour, you must read and sign our Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement before the tour starts. If you do not submit this and other necessary documentation prior to departure, we reserve the right to treat the booking as cancelled by you and impose the cancellation fees set forth above.
18) YOUR RESPONSIBILITIES
By booking with ASC, you to
-Be ready to leave at the departure city at the tour departure day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
– Be flexible and accepting of a different culture and customs
– Be flexible with your tour correspondent(s), guide(s), driver(s), & hotel staff
-Follow all rules, decisions and advice of the guide or staff
– Accept, respect and accommodate host country nationals
-Comply with all local laws
-Adequately assess your abilities
-Respect other participants
You shall comply with instructions of any representative of ASC, tour guide or local ground operator at all times. No client shall be accepted or be permitted to continue on a tour while their status or mental or physical condition is, in the opinion of any representative of ASC, tour guide or local ground operator, such as to render them incapable of caring for themselves or make themselves objectionable to other tour clients or become a hazard to themselves or other tour clients. ASC will not be responsible for any expenses incurred by someone who must be removed from a tour for any of these reasons.
ASC reserves the right to update and/or alter these terms and conditions at any time, and shall post the updated terms and conditions on its website at https://www.africansafaris.com/ (“ASC’s website”). Any such amendment shall take effect 10 calendar days following their posting to ASC’s website. You may access the most current terms and conditions at any time on ASC’s website or by sending an email to your assigned travel consultant with the following in the subject line: “Request for Current Terms and Conditions of Booking”. Travelers shall be deemed to have accepted any amendments to these terms on the date that they take effect, i.e., 10 calendar days following their posting on ASC’s website. ASC recommends that all travelers review and familiarize themselves with the latest terms and conditions on ASC’s website prior to their trip.
20) BINDING ARBITRATION
In the unlikely event of any controversy or claim or interpretation thereof, you agree the following conditions will apply: 1) all disputes and matters arising out of, in connection with, relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed and resolved exclusively by binding arbitration in New York, New York, United States, under the American Arbitration Association Rules as modified by the terms of this Agreement; 2) any arbitration proceeding in the United States will be governed by New York substantive law; 3) any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction; and 4) the arbitration shall take place before a single arbitrator, selected pursuant to the applicable rules, and shall be conducted on an expedited basis and in strict confidence. You also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
You agree that if any portion of this agreement is found by a court to be void or unenforceable, the remaining portions of the agreement shall remain in full force and effect. Any unenforceable or invalid provision will be replaced with one that is valid and enforcement and which achieves, to the extent possible, the original objectives and intent of the original provision.
22) SUCCESSORS AND ASSIGNS
This agreement shall inure to the benefit of and be binding upon ASC and the trip participant and their respective heirs, legal personal representatives, successors and assigns.
Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions.
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. This agreement supersedes all prior negotiations and agreements.
25) NOTICE OF ENFORCEABILITY
Please remember, when you book travel related services with ASC, you are entering into a binding agreement that assumes all terms and conditions are fully understood as stated in this document.