Trading Terms and Conditions

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1. General Terms

 And Africa Travel is a luxury experiential travel company which carries on the business of providing tour operating services and safari planning and arranging throughout East Africa; Kenya, Tanzania, Zanzibar, Uganda and Rwanda.

1.1. The placement of any booking/s, whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the Terms have been read and that the Guest agrees to be bound by the terms.

1.2. Unless otherwise notified by And Africa Travel, the Trading Terms apply for the period covered by this Agreement in relation to all operational divisions of And Africa Travel unless otherwise indicated.

2. Conditions Specific to And Africa Travel Touring Services

Note: Whilst And Africa Travel has used its best endeavours to standardise these Trading Terms, there may be instances where, with specific reference to bookings made with third party suppliers, it may be necessary from time to time to vary the payment and/ or other terms, in which event the Guest will be notified at the time the booking is made.

  1. 1 General

2.1.1 Final itineraries will reflect the following:

2.1.1.1 Accommodation;

2.1.1.2 Room type(s) and specification;

2.1.1.3 Meals and/ or beverages included, where and if applicable;

2.1.1.4 Transfers and or transport where specified.

2.1.2 Itineraries may be subject to change at any time, even after issue, due to unforeseen circumstances beyond the control of And Africa Travel. This includes flights, accommodation and arranged sightseeing. Every effort will be made to operate itineraries as planned.

2.1.3 Beyond reserves the right to make alterations to and/ or withdraw a tour or any part of it as is deemed necessary, and to pass on to Guests any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, And Africa Travel reserves the right to make adjustments to the itinerary/ tour costs as necessary.

2.1.4 Provision for the handling of baggage by And Africa Travel will be as per the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply, details of which will be provided with documentation.

2.1.5 Safekeeping of baggage and personal effects shall at all times remain the Guest’s risk throughout. And Africa Travel will assume no liability for lost or damaged baggage.

2.1.6 It will be the Guests responsibility to verify with the relevant international carrier the extent of baggage restrictions which may apply.

2.1.7 Whilst Guests travelling with And Africa Travel will be covered under The AMREF Flying Doctors medical emergency evacuation insurance cover (paid as an optional Extra fee) should it be required to evacuate the Guest, it shall be the Guests’ responsibility to ensure that the Guest has sufficient medical and travel insurance cover in place to cover in-hospital medical expenses and associated costs once admitted to hospital.

2.1.8 By virtue of the fact that And Africa Travel sub contracts the flying services to independent operators, And Africa Travel cannot accept any responsibility in respect of any delay in flights and/ or any inaccuracies of flight schedules which may occur.

2.1.9 And Africa Travel reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By booking a tour with And Africa Travel it will be deemed that Guests have consented to the use of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.

  1. 2 Pricing

2.2.1 Price includes our fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable.

2.2.2 Scheduled sightseeing tours will include entrance fees where stipulated. The price will be subject to revision in event of significant changes in foreign currency, tariff rates, taxes etc.

  1. 3 Inclusions

2.3.1 Flights – Where flights are included, they will be return economy class air travel unless otherwise specified. (World Traveller Plus, Business and First Class travel supplements available).

2.3.2 Free Baggage Allowance - Full details will be supplied with your itinerary. Normally on Intercontinental flights, Economy Class passengers are allowed 20kg of luggage, 30kg per person in Business Class and 40kg per person in First Class.

2.3.3 Normal Local Flight Baggage Restrictions - Some of our arrangements utilise local domestic airlines and charter flights operating small aircraft with restrictions on baggage allowance. Full details will be supplied with your itinerary.

2.3.4 Transportation Between Airports & Hotels - Round-trip transport by private or shared vehicle, boat or charter aircraft between airports and hotels.

2.3.5 Accommodation - In rooms with private facilities (shower and/or bath) inclusive of hotel service charges and local taxes.

2.3.6 Meals - Meals as specified on a table d'hote basis. 'Full Board' indicates breakfast, lunch and dinner; 'Half Board' is breakfast and dinner. 'Breakfast' includes full breakfast unless otherwise indicated.

2.3.7 Sightseeing - As detailed in each itinerary on a private guide basis (shared in most camps, lodges and cruise programmes). Entrance fees to national parks and game reserves are included where applicable.

2.3.8 And Africa Travel Representative - Services of And Africa Travel representative or appointed local agent in your country of destination.

  1. 4 Exclusions

2.4.1 Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.

2.4.2 Overseas Departure Taxes - Where these are levied and payable locally by the client.

2.4.3 Sightseeing Tours - Except where specified in the itinerary.

2.4.4 Personal Expenditure - On such items as drinks, laundry, room service, telephone calls etc., and any related tax and service charge.

2.4.5 Gratuities - Discretionary gratuities to drivers, guides, hotel or boat staff etc.

2.4.6 Government Levies or Taxes - Any Government levies or taxes introduced after the publication of company literature.

2.4.7 AMREF Flying Doctors emergency evacuation cover unless specified in the quotation.

2.4.8 Personal and medical insurance cover

*Please note durations shown for single centre holidays are based on the number of hotel nights booked excluding overnight flights. If you are travelling alone additional supplements over the above single room supplements apply.

  1. 5 Booking Process

2.5.1 The Guest is responsible for informing And Africa Travel of any bookings, confirmations, booking amendments, reductions or cancellations of rooms or services in writing by e-mail to enable And Africa Travel to make the required itinerary arrangements. The onus of proof of delivery will rest on the Guest.

2.5.2 Provisional booking periods are determined by third party suppliers. And Africa Travel reserves the right to release reservations.

2.5.3 And Africa Travel will, at the request of the Guest in writing, attempt to extend provisional bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of third party suppliers.

2.5.4 It is recommended that the Guest be in possession of the required deposit payment before confirming any Reservations with And Africa Travel;

2.5.5 Upon confirmation the Guest’s nationality will be required.

2.5.6 Confirmed reservations are invoiced with payment required as per the provisions of clause 3.2 for Independent Travellers and clause 3.3 for Groups. Where touring services have been booked the final invoiced amount will be inclusive of an itinerary planning and arranging fee, handling and operational fee and VAT where applicable but exclusive of the cost of obtaining passports, visas, excess luggage and items of a personal nature unless expressly included; and

2.5.7 Confirmed accommodation will be subject to the appropriate payment and cancellation policy as set out in clauses 3.2 and 2.5.8.7 for Independent Traveller reservations or clauses 3.3 and 2.5.8.9 for Group Reservations.

2.5.8 Amendment, Reduction, Refund and Cancellation Policy

2.5.8.1 An amendment will refer to a change in travel/arrival date and/or an increase or reduction in number of rooms or services required, after confirmation.

2.5.8.2 All amendments made will be subject to the cancellation policy.

2.5.8.3 On cancellation of a confirmed Reservation And Africa Travel shall, subject to the relevant provisions of the Consumer Protection Act (as amended from time to time), be entitled to the payment of cancellation fees;

2.5.8.4 Reservations held by And Africa Travel where no deposit has been paid or where no guarantee has been given will be cancelled by And Africa Travel on notice to the Guest;

2.5.8.5 All Amendments, Reductions, Refunds and Cancellation for Independent Travellers will be determined in the sole and unfettered discretions of the suppliers utilized in any itinerary.

2.5.8.6 Refunds will not be made for any missed services.

2.5.8.7 The following specific Independent Traveller cancellation policy applies:

Between Confirmation and 45 days prior to arrival: 20% of total invoice amount

Between 45 days and arrival: 100% of total invoice amount

2.5.8.8. The Payment Policy relating to Independent Travellers refer to 3.2 and Payment Policy relating to Groups refer to 3.3

2.5.8.9. All Amendments, Reductions, Refunds and Cancellation Policies for groups will be determined at the sole and unfettered discretions of the suppliers utilized in any itinerary.

3. Payment Policy

  1. 1. General

3.1.1 Unless prior arrangements have been made with And Africa Travel the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by And Africa Travel in respect Confirmed Reservations, as well as the payment of any cancellation fees due.

3.1.2 Payment will be effected by electronic fund transfer to accounts as provided at time of confirmation.

3.1.3 It is acknowledged by the Guest that, with specific reference to touring services which are arranged by And Africa Travel pursuant to this Agreement, certain portions of said touring services may be exempt from VAT, whilst other portions may be subject to VAT at the standard or zero rate. To this end the Guest agrees that prices and /or the fees charged by And Africa Travel in respect of touring services are inclusive of VAT at the relevant rate, if applicable, but exclusive of any other taxes.

3.1.4 In the event that payment is made by Credit Card the guest agrees that, in order to defray not only administrative costs associated with the processing of the credit card payment, but also costs levied by the relevant credit card company in processing the credit card payment, And Africa Travel will be entitled to charge an administration fee on the transaction, which administration fee will not exceed 3% (three per cent) of the value of the booking;

3.1.5 And Africa Travel reserves the right to request credit card details to secure all short lead time bookings which have been confirmed within 7 (seven) days of travel. When such a request is made a credit card authorization form needs to be completed, and copies of the back and front of the credit card should be provided

3.1.6 Should the Guest fail to effect any payment on due date or breach any other Trading Term of this Agreement, And Africa Travel shall, be entitled to:

3.1.6.1 cancel this agreement and take such action as may be deemed necessary to recover the full amount owing to And Africa Travel  Africa, and/or;

3.1.6.2 cancel any future bookings made by the Guest, and/ or;

3.1.6.3 recover from the Guest any costs incurred due to late cancellation, and/or;

3.1.6.4 refuse to accept any further bookings from the Guest, and/ or;

3.1.6.5 request payment from Guests on arrival prior to the rendering of any services, and/ or;

3.1.6.6 levy a charge on all overdue account balances at a rate that is equal to the quoted prime lending rate of Central Bank of Kenya as published from time to time and/ or;

3.1.6.7 apportion credits due to the Guest and apply to any amounts which may be due to And Africa Travel in terms of this Agreement

3.2. Independent Travellers

3.2.1 Upon confirmation for all Reservations a non-refundable deposit will be paid by the Guest to And Africa Travel within 7 (seven) days;

3.2.2 The following specific payment policy applies:

On Confirmation within 7 days: 40% of invoice value

45 days before arrival: Remaining 60% of invoice value

  1. 3. Groups

The following Group Payment terms apply and exclude any other payment conditions agreed for Independent travellers. Deviations to this payment condition are agreed by exception:

Deposit due within 30 days of confirmation for reservations 1 year and greater from date of travel : 20% of total invoice value

Deposits due within 14 days of confirmation for reservations less than 1 year from date of travel : 40% of total invoice value

Due at 120 days prior to arrival : An additional 40% of total invoice value

Due at 90 days prior to arrival : Final 50% of total invoice value

4. Banking Details

Electronic transfers or bank drafts drawn in favour of “And Africa Travel” may be paid directly into the bank accounts specified by And Africa Travel.

A copy of the deposit slip or bank draft, together with the appropriate guest / group details, reservation number and invoice number must be emailed to And Africa Travel in Nairobi in order to reconcile the appropriate records.

Failure to do so may result in the payment not being reflected against the booking, and the space released due to non-payment.

5. Guest Responsibilities

5.1. The Guest shall:

5.1.1 Provide at time of confirmation their nationality. This information is used for market data purposes;

5.1.2 Adhere strictly to the provisions of the Trading Terms;

5.1.3 Not knowingly engage in any distribution or trade practice or advertising method which will be harmful to And Africa Travel;

5.1.4 Without delay, communicate all bookings and/or cancellations to And Africa Travel in writing or by e-mail;

5.1.5 Promptly comply with any reasonable instruction given by And Africa Travel;

5.1.6 Ensure they take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment;

5.1.7 Ensure they have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned;

5.1.8 Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;

5.1.9 Understand that in some cases their travel may take them into isolated regions and in close proximity with wildlife. Guests will be required to sign a conditions and waiver form at the time of their safari;

5.1.10 At time of booking provide all special requests or preferences;

5.1.11 The Guest is solely responsible for ensuring that all payments due to And Africa Travel are received timeously by And Africa Travel in accordance with the provisions of the trading terms

6. And Africa Travel Responsibilities

6.1. And Africa Travel shall:

6.1.1 Have the responsibility of planning and arranging itineraries, provide quotations, make reservations, confirmations, invoicing and credit control relating to the accommodation and travel packages;

6.1.2 Stipulate all accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;

6.1.3 Be entitled to change flights, accommodation and arranged sightseeing due to unforeseen circumstances after the itinerary has been issued. Should this occur And Africa Travel will inform the Guest. Every effort will be made to operate the tour as planned;

6.1.4 Make every effort to secure special requests, however these cannot be guaranteed;

6.1.5 Promptly supply the Guest with brochures, information and marketing collateral that the Guest may require;

6.1.6 On request, provide to the Guest proof of any insurance policies taken out in its name; and

6.1.7 Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all applicable laws, regulations, rules and codes of practice.

7. Breach

7.1 Either Party shall be entitled, without prejudice and in addition to any rights which it may have in terms of this Agreement or in law, forthwith to cancel this Agreement or to uphold this Agreement and in either event to claim such damages as it may have suffered in the event that the other Party:

7.1.1 commits a breach of any of the terms of the trading terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other Party calling for such breach to be remedied; or

7.1.2 takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration or judicial management; or

7.1.3 prior to or during the currency of these trading terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as defined in the Insolvency Act No. 24 of 1936, as amended, if committed by a natural person; or

7.1.4 fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 days after the date on which it becomes final.

7.1.5 if the Guest fails to timeously pay to And Africa Travel any amount due to And Africa Travel as set out in the trading terms, and fails to remedy such breach within a period of 3 (three) days after receipt by it of written notice from And Africa Travel calling for such breach to be remedied, And Africa Travel shall be entitled, without prejudice, to its rights in terms of the trading terms, or in law, to terminate these terms and claim such damages as it may have suffered, and to cancel any Reservations that may have already been made for the Guest.

8. Force Majeure

If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.

The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.

9. Dispute Resolution

In the event of any dispute, controversy or claim (a “dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the trading terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the dispute between themselves.

If the Parties are unable to resolve a dispute by mutual agreement within 14 (fourteen) days after the dispute is first communicated in writing by any Party to the others, then the dispute shall be submitted to and decided by arbitration in accordance with the rules of the Arbitration of Kenya, by an arbitrator agreed upon between the Parties or, failing agreement.

Unless otherwise agreed by the Parties in writing the arbitration shall be held in Nairobi in the of the Republic of Kenya.

The arbitrator shall be obliged to give in writing the reasons for any decision made by him in the course of the arbitration.

10. General

If any provision of the Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Neither Party may, without the express written consent of the other Party, cede or delegate any of its rights and/ or obligations in terms of this Agreement.

Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.

No failure by a Party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a Party's right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

No party, nor the trustee, provisional liquidator, liquidator, provisional judicial manager, or judicial manager of any party, may cede any of its rights or delegate any of its obligations under the Trading Terms.

Each party warrants that he is acting as a principal and not as a Guest for an undisclosed principal.

11. Costs

All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the trading terms by the other Party, including but not limited to legal costs on the attorney and own Guest scale, shall be borne by the Party in breach.

12. Entire Agreement

The covering letter and Trading Terms, read with the applicable confirmation and the relevant Guest agreement in respect of each Reservation, contains the entire agreement between the parties and And Africa Travel shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by And Africa Travel, its companies or servants) which are not recorded therein. Subject to the provisions, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.

13. Governing Law

The terms and conditions of this Agreement will be governed by, and shall be construed in accordance with, the laws of the Republic of Kenya.

14. Counterparts

This Agreement may be executed in counterparts, each of which will be deemed to be an original of this Agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this Agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this Agreement.

15. Descriptions

Every effort is made to ensure that the details, description and prices contained in company literatures are correct, based on inspections, and information passed to the Company by its suppliers. However changes do occur, sometimes at short notice and therefore the Company will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for the Company to control all elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works etc.

16. Illness And Disability

If you or any member of your party suffer from a disability or other medical condition please tell us before you book. And Africa Travel is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. However, some of our holidays are in destinations which are off the beaten track and lack even the simplest facilities for disabled guests such as ramps for wheelchairs, lifts and so on. Some of our holidays require a fair degree of physical fitness. Medical facilities may not be readily available.

In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure.

17. Insurance

It is strongly recommended that you and all members of your party have comprehensive travel insurance cover and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses.

If you suffer from a disability or medical condition you should disclose this to insurers. For those who participate in sports and activities whilst on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you whilst on holiday.

Optional AMREF Flying Doctors Emergency cover is available on some holiday safaris please confirm at the time of booking.

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