BOOKING & PAYING FOR YOUR HOLIDAY WITH TRIPAFRICA – TERMS & CONDITIONS FOR RESERVATIONS
The holidays and services featured on this website are operated by TripAfrica Ltd (the Company), which is registered in England and Wales under company number 07925153. The Company is licensed with the Civil Aviation Authority and holds an Air Travel Organiser’s Licence (ATOL 10560). This licence provides financial protection for all customers booking air holiday packages and flights through the company. The Company also holds full Tour Operator/Travel Agent combined liability insurance. The following Booking Conditions form the basis of your contract TripAfrica Ltd. Please read them carefully as they set out our respective rights and obligations.
In these Booking Conditions, ‘you’ and ‘your’ mean all persons named on the booking (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ mean TripAfrica Ltd.
1. MAKING A RESERVATION A contract between us will come into existence when we deposit your cheque/cash for your deposit or initial payment into our account, at which time we will either issue a deposit receipt letter, acknowledging the acceptance of your booking or in the case that all arrangements can be confirmed at that time, we will issue a confirmation invoice. A contract between us comes into existence, as set out in this clause, whether or not we receive your booking details prior to processing your deposit or full payment. The deposit we require is at least 20-30% of the total price of your holiday. The deposit is non-refundable. In certain circumstances we may require a higher deposit and you will be advised at the time of booking as to this charge. This could be for published/special fare flights and peak season payment terms from our suppliers. In the event that we are required to make full payment in advance of your holiday to a supplier for any services requested by you as part of your tailor made holiday, in order to secure such arrangements we may invoice you immediately for the full amount of that element of your holiday and payment will be due forthwith even if this is more than 10 weeks prior to your departure. If your booking is made within 10 weeks of departure, the full payment for the holiday is due immediately. Approximately 12 weeks before departure, you will be sent a FINAL INVOICE for the full amount of any balance payable. The Final Invoice will include any surcharges if applicable. Full payment will become due at this time and no later than 10 weeks prior to departure. In the event that the balance is not paid before 8 weeks of departure, we have the right to cancel your holiday and your deposit will be forfeited AND where an additional up-front payment is taken on top of the deposit, and in advance of our standard payment schedule, to cover flight payments or other up-front costs that we incur to arrange your holiday, this will be deemed an ‘additional deposit’, and be treated as a part of your non-refundable deposit. Please check your invoices carefully as soon as you receive them. Contact us immediately if any information that appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where we made the mistake in question. Approximately 6 weeks before departure you will receive your flight/ e-ticket together with your final travel pack. However, in the case of late payment and/or late bookings, tickets may emailed through to you at a later period. Please ensure that you check the flight timings on your tickets carefully. Your travel pack will contain pre-departure information and should answer any questions you have before your trip. Please read this information carefully.
2. THE PRICE OF YOUR HOLIDAY We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. You will be advised of any error of which we are aware and the then applicable price prior to the time that your holiday is confirmed by us. Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it after that point by way of a surcharge or refund in the circumstances set out below. Please note however that we guarantee not to impose any surcharge on you if you have paid the full balance of the cost of your holiday at the time of booking and the remaining provisions of this clause will not apply. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports increasing or decreasing or our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 5 Alterations/ Changes and Cancellations by us. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
3. ALTERATIONS BY YOU (a) If you wish to alter any details of your holiday after your Confirmation Invoice has been issued we will do our best to make the alterations (although we cannot guarantee that such alterations will be possible) provided that we are informed of your wish to change no later than 2 weeks prior to departure (other than as set out in (b) and (c) below). For all alterations a £50 administration fee will be charged per booking together with all costs and charges incurred by us or incurred or imposed by our suppliers. A request to alter your holiday details must be made in writing by the person who signed the Booking Form on your behalf (the Party Leader). (b) Requests for Name changes must be made in writing to us not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 must be paid before the transfer can be affected. Please note: for flight inclusive bookings, you also must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. (c)Please note: some alterations requested within 2 weeks of departure may be treated as a cancellation and the cancellation charges set out in clause 4 will apply. (d) Alterations to a confirmed booking whilst abroad; we regret that no credit or refund is possible for any unused services provided in the cost of your holiday. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and TripAfrica Ltd or the Company’s Agents are not responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents which could be the subject of a claim on your own insurance. Note: certain travel arrangements may not be changeable after booking and an alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
4. CANCELLATIONS BY YOU If you or anyone on your holiday booking decides to cancel the holiday you must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the person who made the original booking. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24-hours of the original notification. A cancellation invoice will be sent to you within 7 days, if you do not receive this please contact us immediately in order to prevent an increase in charges. Should you already be in receipt of your airline tickets please also return these to us along with your cancellation request.The following scale of charges will be payable depending on when the notification of cancellation is received.
Prior to 90 days: deposit forfeited; 89 – 31: 30% of total holiday cost*; 31 – 0:100% of total holiday cost* *Cancellation policy is subject to the properties/lodges & airlines used by TripAfrica. Where their policy differs from our own we may need to invoke this policy. Once cancellation proceedings begin we will notify you of these conditions. We would strongly recommend that you take out full insurance, which will in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees. If you have taken advantage of an airline offer as detailed and paid a higher non-refundable deposit, the cancellation charge payable by you will be the higher of this deposit or the appropriate cancellation charge detailed above.
5. ALTERATIONS/CANCELLATION BY US We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure, website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will only cancel your confirmed booking 8 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of force majeure as defined in clause 10 below. We will not cancel after this date for any other reason. Most changes are minor. Occasionally, we have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, a change of UK departure point to one which is significantly more inconvenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether. In accordance with EU regulation 2111/2005, we are required to advise you of the actual carrier operating your flight. We do this by listing the carriers to be used in our itineraries and then these are confirmed to you at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible.
6. YOUR OBLIGATIONS TO US When you make a booking you are confirming that you understand and have accepted on behalf of yourself and all members of your party our Important Holiday Information which forms our booking conditions. All contracts with TripAfrica Ltd are made subject to these booking conditions and are subject to English law and the jurisdiction of the English Courts or, if your booking was made in Scotland, to Scottish law and jurisdiction. Many airlines now require the full name of all passengers travelling. We will therefore ask you at the time of booking to provide us with your first forename (as shown in your passport) as well as your title and surname. When booking your holiday, we will tailor your trip to your needs, however upon receipt of deposit payment confirmation of your specific trip is assumed. For any and all subsequent amendments to the original itinerary an administration fee of £35 per change will be charged. Additional services & prices for accommodation only bookings can be quoted on request. We accept cheque payments and direct BACS bank transfers as methods of payment. You must: (a) Arrive at stated departure times and confirm your own return flight and departure times. We accept no liability whatsoever to you for your failure to do so. (b) Take out adequate travel insurance to cover the cost of industrial action, natural disaster (flooding, storm, fire etc.),cancellation of the holiday by you or the cost of assistance, including repatriation in the event of you suffering an accident or illness. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies. c) Behave in a reasonable and responsible manner towards any other person you meet in the course of your travel arrangements. We reserve the right to cancel forthwith your holiday arrangements in the event that you fail so to behave and we will not be liable for any loss or damage that you may suffer as a result (including any onward or return travel arrangements).
7. OUR OBLIGATIONS TO YOU (1) a) The air holidays and flights in this brochure are ATOL protected. We hold an Air Travel Organisers’ Licence (ATOL 10560) granted by the Civil Aviation Authority. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. We do not accept responsibility of any failure of your holiday arrangements, or death or injury: is not caused by any fault of ours, or our agents or suppliers; is caused by you; is caused by someone not connected with your holiday arrangements or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided. (a) For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday.(b) Subject to (a) above, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked before departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its ‘conditions of carriage’ which may limit or remove the carrier’s liability to you and limit compensation under international conventions. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk (c) Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from the offices of the relevant supplier. (d) If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make. (e) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. TripAfrica has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (a).8. FLIGHTS Under the terms of our Air Travel Organiser’s License, we will notify you in your confirmation invoice of the name of the airline operator, the aircraft type to be used and the destination airport for your holiday. However these details are subject to change. Any such change in these details will not entitle you to cancel or change your holiday without paying our normal charges. The flight timings given on booking and detailed on your confirmation invoice are for general guidance only and are subject to change. The latest timings will be shown on your tickets, which will be dispatched to you approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs.
9. VISAS, PASSPORTS & HEALTH Any passports, visas, health certificates, International Driving Licences and other travel documents required for the holiday must be obtained by the client, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by the client or by the Company on the clients behalf) as a result of failure to comply with such requirements. You are responsible to arrive at stated departure times and places and any loss or damage which you suffer through failure to do so lies with you. The Company has no liability whatsoever to you through your failure to do so.
10. FORCE MAJEURE In these Booking Conditions Force Majeure means any event which we or our supplier of service(s) could not even with all due care foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God. Except as otherwise expressly set out in these Booking Conditions we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 7(1) above) as a result of “force majeure”.
11. EXCURSION, ACTIVITIES, WEBSITE AND BROCHURE INFORMATION The information contained in any brochure on our website is correct to the best of our knowledge at the time of publication. We may provide you with information (in our brochure/on our website and/or when you are on holiday) about activities and excursions that are available in the area you are visiting. We have no involvement in any such activities or excursions that are neither run, supervised nor controlled in any way by us. Local operators or other third parties who are entirely independent of us provide them. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 7 of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract but see below) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. Please note, if you consider a particular facility to be important to the enjoyment of your holiday you should inform us in writing and we will tell you the current situation. In certain situations such as on safari or trekking holidays you will be asked to sign an indemnity waiver form locally by the supplier. If you would like full details of the waiver form in advance please request this from our consultants. We cannot be held responsible for any supplier who will not provide a service to you should you not wish to sign the waiver form. Refunds will not be applicable if you have not requested to see the waiver from before booking your holiday.
12. SPECIAL REQUESTS If you have a special request (e.g. special dietary requirements, honeymoon etc.), you must advise us in writing at the time of booking. We regret we cannot guarantee any request will be met unless we have specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of your special request on your confirmation invoice or any other documentation is not confirmation that the request will be met and any request does not form part of the contract between you and us. If you or any member of your party has any medical problem or disability that may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking.
13. COMPLAINTS We will always endeavour to assist and resolve any problem that may arise on your trip, however we can only do so if we have been informed of the issue by you. If you have a complaint you must report it immediately and directly to the supplier (e.g. Hotel Manager), or the emergency contact numbers provided with your travel documents. If you fail to follow this procedure, this may affect your rights under this contract, as we have been deprived of the opportunity to investigate and rectify the problem. In the unlikely event that matters cannot be resolved to your satisfaction on your trip, please notify your personal travel consultant at TripAfrica Ltd within 28 days of your return.
14. FULLFILMENT BY ATOL i, “We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).“ ii, Sales through agents: Cash held on trust for ATT a) money accepted by their agent or AB member from the consumer is held by that agent or AB member on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent or AB member’s obligation to pay it to the ATOL holder for so long as the ATOL holder does not fail; and b) if the ATOL holder fails, any money held at that time by the agent or AB member, or subsequently accepted from the consumer by their agent or AB member, is and continues to be held by that agent or AB member on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the principal ATOL holder.” iii) Your financial protection (ATOL) When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
15. SAFETY STANDARDS Please note, it is the requirements and standards of the country in which any services that make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. For information regarding the safety and security within a given country please check out the foreign and Commonwealth office website www.fco.gov.uk
16. JURISDICTION We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
17. PRICES, DOCUMENTATION AND WEBSITE ACCURACY Please note, the information and prices shown on our documentation, on our website or otherwise given to you may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of our quoted information and prices at the time of printing or emailing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking time of booking.