Payment Terms & Conditions
When you book a holiday or a safari with us, you are entitled
to some rights which we would like you to understand by
reading this page carefully. We consider that once you
remit your safari deposit to us, you have agreed to these
"Terms & Conditions" and as per the 'Inclusions &
Exclusions' stipulated on your itinerary. Please take
your time to read them carefully.
1)
Reservations and Payments
(A) Reservations should be made by contacting Roaming Africa Tours and Safaris, at the address indicated
below. Safaris are booked and confirmed only on receipt
of a 50% advance payment of the basic safari rate. This
advance payment is due within five (5) days of making
the reservation. Balance due 6 weeks prior to commencement
of safari.
(B) However full payments are required for
the following services;
Flight reservations and,
Hotel bookings.
(C) There shall
be no binding contract until the advance payment has been
received by Roaming Africa Tours and Safaris. 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. When Roaming Africa Tours and Safaris
receives your advance payment, a booking reference number
will be assigned and noted on your original invoice. This
number shall be deemed to constitute acceptance and confirmation
of your booking
(D) Payments (deposit & final balance)
may be made by direct bank transfer to our Nairobi bank
account (details will be included with our confirmation
invoice) or by credit card (see below).
(i)Payment by credit cards
We also accept payment by credit card (Visa or MasterCard)
through our online payment system solutions and billing
services. Once your booking is confirmed & your sales
consultant has emailed you the invoice (showing the amount
due in US dollars), you will then receive an email which
will have a link that directs you to our secure online
payment system, where you can enter your credit card details
and process your payment. A processing fee is charged
for payment by credit card. Payments are billed in US
dollars for the deposit or the final balance using the
Kenya shilling - dollar exchange rate applicable on the
date when the card is charged.
(ii) Payments by wire transfer
Alternatively, payments can be made by wire transfer.
Bank and account details will be sent to you once your
booking is confirmed & your sales consultant has emailed
you the invoice (showing the amount due in US dollars)
E) The balance is due no later than 6 weeks
prior to commencement of your safari, unless otherwise
agreed with your Roaming Africa Tours and Safaris sales
consultant. If the balance has not been received by that
date, Roaming Africa Tours and Safaris shall be entitled
in its discretion to treat your reservation as canceled,
and consequently to forfeit such part of the advance payment
as determined solely by Roaming Africa Tours and Safaris
cancellation policy (see paragraph 2 A below).
F) Any reservation made within 6 weeks of
commencement of a safari may be accepted provided space
is available, payment in full is received, and provided
that documents can be delivered prior to departure.
G) Roaming Africa Tours and Safaris
will not provide tickets, coupons, vouchers or documents
until full payment has been received by Roaming Africa Tours and Safaris
H) Roaming Africa Tours and Safaris
will not accept responsibility for wire transfer and /
or overnight mail charges.
I) No client will be permitted into the
tour without payment in full being received by Roaming Africa Tours and Safaris
J) Special airfares are capacity controlled
and often sold out months in advance. In addition, many
accommodations offered by Roaming Africa Tours and Safaris
have a limited capacity. It is essential to make reservations
well in advance to insure your preferred arrangements.
2)
Cancellation and Refunds
A) In the event of cancellation or variation of Services
for whatever reasons the Company shall be entitled to
charge cancellation fees as set out hereunder:
Cancellations received between 30 days
and 10 days prior to commencement of Services shall be
charged at 25% of the total cost of Services.
Cancellation received between 9 days and
2 days (48 hours) prior to commencement of Services shall
be charged at 75% of the total cost of the services.
Cancellation received within 2 days (48
hours) or after commencement of Services shall be charged
at the full cost or 100% of the Services.
The liability to reimburse the Company
for the cancellation fees non-refundable booking fee no
show fees administration fee and the like shall in no
way limit or restrict the general rights of the Company
to collect damages for breach of Contract.
B) If you are a "no show", Roaming Africa Tours and Safaris shall be entitled to treat your reservation
as canceled without having given Roaming Africa Tours and Safaris any notice, and the provisions of Paragraph
2(A) shall apply.
C) Any request to amend or change
a booking once it has been confirmed may be accommodated
subject to space availability. If Roaming Africa Tours and Safaris 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 Roaming Africa Tours and Safaris,
necessitating alternative arrangements being made to ensure
the safety and / or further participation and enjoyment
of your safari, (4) if you do not appear for any accommodation,
service, sightseeing or trip segment without notifying
Roaming Africa Tours and Safaris, or (5) if you leave
your safari after it has begun, or miss any scheduled
sightseeing, activities, meals or accommodations.
E) 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 Organizer all
cancellation fees which they are entitled to charge as
per paragraph 2 (A) above. The Company shall not be required
to notify the Organizer and Retailer or the Client prior
to the date of commencement of Services that the Services
or any part of the Services will be withheld.
TERMS AND CONDITIONS OF BOOKING:
These terms and conditions govern the relationship between
Roaming Africa Tours and Safaris and you. To the total
exclusion of any other terms and conditions. No alterations
to the terms and conditions may be made by any unauthorized
employee of Roaming Africa Tours and Safaris authorized
representatives or agents, unless in writing by an authorized
employee of Roaming Africa Tours and Safaris. All
decisions and matters subject to the discretion of Roaming Africa Tours and Safaris shall be made by an authorized
officer or employee of Roaming Africa Tours and Safaris.
1.
Tour Arrangements:
The Company will use their best endeavors to ensure that
the transport, accommodation, meals and other agreed services
(herein called "Services") provided are fully in compliance
with the Services which the Company have contracted to
provide but the liability of the Company for 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 the Company shall compensate
the Client only for the actual costs of the Service which
were to have been provided excluding all consequential
damage whatsoever and whosesoever suffered or incurred
including but not limited to the costs of air fares to
and from Kenya and Tanzania or any other incidental or
indirect costs whatsoever. In case of any 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 generality
of the foregoing:
The company accepts no liability in the event of Services
not being carried out or being altered by any matter whatsoever
beyond their control. Such matters include but are not
limited to the closure of National Parks, Sanctuaries,
Lodges and roads, the impassibility of roads and such
like matters and the Company reserves the right to make
such alterations to the itinerary when in their sole judgment
it is deemed necessary or desirable for the comfort, convenience
or safety to Clients. 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 road, rail, ship or aircraft
connections.
The Company accepts no liability for airline
reservations and reconfirmations or 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 Client without any liability to or for either parties
such negation and waiver of liability being in all respects
a pre-condition of all contracted relationships between
the Client and the Company. In consequence Clients are
advised 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 exemptions
provided by this condition and condition 7 and 8 below
for the benefit of the Company shall be deemed to apply
also to the sub-contractor.
1) Tour Price Variations:
The tour price quoted in this website is subject to change
without prior notice; Roaming Africa Tours and Safaris
will confirm all prices before you book your holiday.
Your holiday dossier will indicate what is and what is
not included in the tour price. Flights to and from Africa
are NOT included in the cost of the safaris in the itineraries.
Roaming Africa Tours and Safaris will supply you with
all the information you require so that you can book the
flights through your local Travel Agent or with the Airline
direct. The Company reserves the right to increase all
or any of the prices without prior reference to the Client
in any of the following events:
Official devaluation or revaluation of the
local currency as against the United States Dollar, 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 Kenya or Tanzania Governments or any
officer or agent thereof;
Any increase in Kenya and Tanzania 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
3) For Your Information
A) Roaming Africa Tours and Safaris acts as booking
agent for hotels, airlines, air charters, bus companies,
ground transportation, boat purveyors or owners, and other
independent contractors providing accommodations, transportation
and / or other services abroad. Each of these companies
is an independent corporation with its own management
and is not subject to the control of Roaming Africa Tours and Safaris, including, but not limited to, various
overseas ground operators.
B) All bookings like those described above
are accepted by Roaming Africa Tours and Safaris as
agent for independent overseas ground operators. The transportation,
accommodations and other services provided by ground operators
are offered subject to the terms and conditions contained
in the tickets, exchange orders or vouchers issued by
them or their suppliers. Because Roaming Africa Tours and Safaris does not have the right to control the operations
of the independent operators and their suppliers, Roaming Africa Tours and Safaris cannot be held liable for
any personal injury or property damage which may arise
out of these services. Roaming Africa Tours and Safaris
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 safari any person at any time,
and to pass on to safari members any expenditure incurred
by delays or events beyond its control. In case of an
appreciable variation in cost, Roaming Africa Tours and Safaris reserves the right to adjust its rates.
4) Risks
A) Roaming Africa Tours and Safaris draws your attention
to the fact that there are certain inherent risks involved
in participating in the type of trips sold by Roaming Africa Tours and Safaris You will be required to sign
a Release to acknowledge this warning and also to release
and hold harmless Roaming Africa Tours and Safaris
from any damages that may result.
B) It is your sole responsibility to take
all appropriate medical advice prior to departure as to
whether or not you are fit enough to undertake the trip
booked. Roaming Africa Tours and Safaris shall not
be liable for any illness, injury or death sustained on
a safari sold by Roaming Africa Tours and Safaris
which is not due to the gross negligence of Roaming Africa Tours and Safaris Its officers, employees, authorized
representatives or agents whomsoever.
5) Force Majeure
A) "Force Majeure" means, in relation to Roaming Africa Tours and Safaris any circumstances beyond the reasonable
control of Roaming Africa Tours and Safaris (including,
but without limitation, acts of nature, 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 Roaming Africa Tours and Safaris
is affected by Force Majeure it shall forthwith notify
you of the nature and extend thereof.
C) Roaming Africa Tours and Safaris
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 Roaming Africa Tours and Safaris
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.
Payment of any refund by Roaming Africa Tours and Safaris
to you as a result of the non-performance of any of the
obligations of Roaming Africa Tours and Safaris hereunder
shall remain in its sole and absolute discretion, although
Roaming Africa Tours and Safaris shall use its reasonable
endeavors to reimburse you where possible. However, Roaming Africa Tours and Safaris shall be entitled to deduct
from any refund recoverable the reasonable actual and
potential costs to Roaming Africa Tours and Safaris
of the Force Majeure.
E) Regarding civil unrest, once Roaming
Africa Tours and Safaris has investigated the prevailing
situation as it deems fit, it shall remain in the sole
discretion of Roaming Africa Tours and Safaris whether
to proceed with the trip. You may in such circumstances
cancel the trip. However, if, after having made all reasonable
and proper inquiries, Roaming Africa Tours and Safaris
is of the opinion that the trip may proceed, no refund
will be payable to you and the provisions of Paragraph
2 shall apply.
6) Insurance
Roaming Africa Tours and Safaris strongly recommends
that you obtain the following types of insurance which
are commercially available:
Emergency Medical Evacuation Major Medical
Accidental Death and Disability Trip Cancellation
Loss of Personal Effects
7) Surcharges and Exchange Rates
A) Although Roaming Africa Tours and Safaris hopes
that it would not need to levy surcharges it reserves
the right to do so on the invoice amount, if this becomes
necessary. Roaming Africa Tours and Safaris will endeavor
to notify you in writing as soon as it is ware of any
likely surcharge, and you must pay the amount of such
surcharge no later then ten (10) days after written notification
has been received (depending on the circumstances). If
the surcharge is not paid within such time, Roaming Africa Tours and Safaris may construe such non-payment as
an act of cancellation on your part and the provisions
of Paragraph 2 shall apply.
B) Rates used in the safaris are based on tariffs and
exchange rates valid at the time of printing and advertising
safaris. Should a rate vary against the U. S. Dollar by
more than 3%, Roaming Africa Tours and Safaris reserves
the right to recalculate the safari cost and apply the
differential as a surcharge. Any refund made by Roaming Africa Tours and Safaris 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 Roaming Africa Tours and Safaris has no control and for which
Roaming Africa Tours and Safaris 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.
9) Baggage
Temporary or permanent loss of baggage is the responsibility
of you or the carrier. Please note that when traveling
by light aircraft during your safari, space is limited,
and luggage is limited to a weight restriction of 26 lbs.
per passenger, 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
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
Roaming Africa Tours and Safaris 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 repellant
as this is often not available in the camps.
11) Special Requests
You must advise Roaming Africa Tours and Safaris in
writing of any special requests, i.e. diet, facility or
physical handicap, when you submit your reservation request
to Roaming Africa Tours and Safaris, 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 Roaming Africa Tours and Safaris knowledge,
correct, but Roaming Africa Tours and Safaris 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.
13) Photography
Roaming Africa Tours and Safaris reserves the right
without further notice to make use of any photography
or film taken on this safari by any staff member, safari
guide or operator for general purposes without payment
or permission.
14) Disputes
If you have any cause for complaint while on safari, you
must immediately bring it to the attention of the local
representative of Roaming Africa Tours and Safaris
or agent, who will attempt to resolve the situation.
15) Consent
The payment of the advance payment OR any partial payment
for a reservation on a safari 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
these safaris cannot be changed or amended, except in
writing, signed by an authorized officer of employee of
Roaming Africa Tours and Safaris
16) Condition of Booking
You shall comply with instructions of any representative
of Roaming Africa Tours and Safaris, safari guide
or local ground operator at all times. No client shall
be accepted or be permitted to continue on a safari while
their status or mental or physical condition is, in the
opinion of any representative of Roaming Africa Tours and Safaris, safari guide or local ground operator,
such as to render them incapable of caring for themselves
or make themselves objectionable to other safari clients
or become a hazard to themselves or other safari clients
and Roaming Africa Tours and Safaris will not be responsible
for expenses by such persons precluded from completing
the safari for this reason.
17) Sales Made Through Other Agents
Any other duly appointed General Sales Agents are merely
Agents for the Company and all contracts entered into
by the Organizer 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.
18) Notice of Enforceability
Please remember, when you book travel related services
with Roaming Africa Tours and Safaris, you are entering
into a binding agreement that assumes all terms and conditions
are fully understood as stated in this document.
Disclaimer:
Though prepared with great care, information shown within
Roaming Africa Tours and Safaris directory (www.roamingafricasafaris.com)
is for reference purposes only. We do not accept any liabilities
for any changes, errors or omissions nor for any resultant
or consequential charges or liabilities incurred by any
organization or individual.
IMPORTANT:
These terms and conditions shall apply to all contracts
made by Roaming Africa Tours and Safaris with any
client. However, the expression "Client" in these conditions
shall not apply to a person, firm or company booking through
a tour organizer, retail agent or other third party. 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. All references to the "Company" in these terms
and conditions shall mean Roaming Africa Safais and Vacations,
a limited company incorporated in Kenya. All references
to "Clients" shall mean the person, firm or company contracting
with the Company for Services (hereinafter defined) to
be provided by the Company to such person, firm or company
and shall also mean and include any person in any party
accompanying or paid for by such person, firm or company
and the personal representatives and states of all such
persons. Roaming Africa Tours and Safaris does not
warrant the correctness or completeness of any information
and opinions provided by companies or individuals illustrated,
advertised or named within these pages. All such information
or opinions are furnished for reference purpose only.
Nothing here will construe a representation of the opinion
of Roaming Africa Tours and Safaris and none of such
information shall be regarded as a recommendation or warranty
by Roaming Africa Tours and Safaris for any purpose
whatsoever in respect of any person, organization, product
or service. |