Booking Conditions and Information
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These terms will apply to your contract with Africa Exclusive Limited (trading as Exclusive Adventures), a company registered in England number 2503049 of 18 Mobbs Miller House, Christchurch Road, Northampton NN1 5LL. Please read them carefully before you book.
1. BEFORE YOU BOOK
1.1 Planning your Holiday
Our aim is to provide exactly the right holiday to suit your requirements. You can call us on +44 (0)1604 631155 or email: email@example.com and we will tailor make an itinerary for you and provide you with a price per person.
1.2 Data Protection
In order to process your booking and ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name and address, and any special needs/dietary requirements.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons.
1.3 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. Exclusive Adventures is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. However, most 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. Many of our holidays require a fair degree of physical fitness. Medical facilities may not be readily available, particularly on safari. 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.
1.4 Special requests
Where special requests such as diet, room location, twin or double bedded room, a particular facility or flight seat are an important factor in the choice of holiday, you must advise us before a booking is made. We will pass your request on to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
1.5 Smoking on flights
The majority of airlines have introduced a total smoking ban on most or all of their flights. Please ask before booking if this information is important to you.
You will need a full 10 year passport to travel which is valid for six months after the date of your return. Some destinations also require visas and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel. You should also contact your doctor or a specialist vaccination centre for details of the measures you will need to take prior to departure. All children should travel on full passports. It is your responsibility to ensure that you have all the correct documentation for the holiday including passports, visas, health certificates and international driving licenses.
We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents.
2. BOOKING AND PAYING FOR YOUR HOLIDAY
2.1 Making a Booking
Once we have discussed your requirements we will send you a detailed itinerary setting out the transport, accommodation, meals and other services which will be provided as part of your holiday and the cost per person. You should check that these meet with your approval and contact us as soon as possible to make any changes. Once the itinerary and price has been agreed in principle you can book the holiday by completing and signing our booking form and returning it to us with a deposit of 25% of the holiday price per person, or such other sum as we may notify to you at the time of booking. Payment can be made by cheque, bank transfer, debit card or by most major credit cards in favour of Exclusive Adventures. If for any reason we do not accept your booking your deposit will be returned. Your contract with Exclusive Adventures will come into existence on the date on which we accept your booking in writing and issue a confirmation invoice.
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 booking conditions. All contracts with Exclusive Adventures are made in England subject to these booking conditions and are subject to English law and the exclusive jurisdiction of the English Courts. 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.
It is important for you to check the details on the confirmation invoice when you get it. In the event of any discrepancy please contact us immediately. If you arrange your holiday directly with us all correspondence and other communications will be sent to the address specified by you on the booking form, which will be that of the first person named unless otherwise indicated by you. If your booking is made through a travel agent, all communications will be with that agent – who acts as agent for you in regard to all communications from us to you.
2.2 Paying for your holiday
After your booking has been taken and a deposit received, a confirmation invoice will be sent to you detailing the total cost due. Full payment is due to reach us not less than 70 days before departure. If you do not pay in full 70 days before departure, we reserve the right to cancel your booking, and forfeit the deposit by way of cancellation charge. If you make a booking within 70 days of your departure date then you must pay the full cost of the holiday at the booking stage. Any money paid by you to a travel agent is held by the agent on our behalf.
2.3 Your holiday price
Fuel prices are volatile and many airlines are charging fuel supplements, often at short notice.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days prior to your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
If the Government or Civil Aviation Authority imposes a passenger levy we reserve the right to pass this on to you.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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.
It is a condition of booking that you and all members of your party have comprehensive travel insurance cover including medical insurance cover and that it is adequate for your needs. 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. Please keep your insurance details with you whilst on holiday.
2.5 Travel documents
Approximately 14 days before departure you will receive your flights tickets together with other information concerning your holiday. Please ensure that you check the names and flight timings on your tickets carefully and contact us immediately if you have any queries. The correct timings, using the 24 hour clock system, may have been adjusted since you received your invoice. You are responsible for checking in at the correct time and we cannot accept responsibility if you miss a flight due to late check-in unless this is as a result of our negligence or that of our employees or agents.
3. IF YOU WANT TO CHANGE OR CANCEL YOUR HOLIDAY
3.1 Changes to your holiday
If you want to change any part of your holiday arrangements after the confirmation invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her travel agent. If it is possible to make the change, it will be subject to an administration charge of £50 per booking, and payment of any further costs incurred as a result of the change. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that save for the transfer of a booking (see below), it will not be possible to make changes within 28 days of your departure date.
3.2 Transferring bookings
If any person named on a booking form is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason, we will agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both persons accepting liability for full payment of the holiday cost and any additional costs arising from the transfer. This will also be subject to the agreement of our suppliers eg. airlines and/or hotels. We must be given at least 14 days written notice of the transfer request. An administration charge will be made of £50 per person for requests made more than 71 days before departure, and £100 per person within 70 days before departure.
3.3 Cancelling your holiday
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. The following scale of charges will be payable depending on when the notification of cancellation is received.
70 days or more: deposit forfeited;
69 – 43: 50% of total holiday cost
42 – 29: 65% of total holiday cost
28 – 15: 85% of total holiday cost
14 days or less: 100% of total holiday cost
You must take out travel insurance which should, in most cases, include cover, under certain circumstances, against loss of deposit or cancellation fees.
4. IF WE WANT TO CHANGE OR CANCEL YOUR HOLIDAY
4.1 Accuracy of information
We check the information which we provide about our holidays very carefully. However, tour, excursion, cruise or safari itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
4.2 Building and development work
Many hotels and resorts are continuing to develop, sometimes rapidly and often with little or no advance warning. Whilst we have no control over such work, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. General refurbishment at hotels is necessary to maintain standards. If we are informed of such work, we will try to notify you of any activity as soon as possible, however near to your departure this may be.
4.3 Flights and aircraft
Longhaul flights can be tiring, particularly in economy class. We recommend you to consider booking an upgrade. We also recommend (particularly if you are flying economy class), that you check in early if you have particular seat requests. Exclusive Adventures has no control over the allocation of seats by the airline and even if a request has been made with the airline to book seats, no guarantee can be made that they will still be available on departure. The provision of particular seats does not constitute a term of your contract with us. We cannot guarantee the type of aircraft you will travel on as this may be subject to change and general availability.
Some itineraries require a change of aircraft en route. A flight that is described as direct is one where there is no need to change aircraft during the journey. However stops may be made en route for refuelling or to let passengers on and/or off. Details of any stops will be given on your itinerary. Should you require this information at an earlier stage, please check with us at the time of booking.
It is common practice for scheduled airlines to use a code share system, which may mean that you fly with a partner airline. Where this situation arises, it is not classed as a major change and we may not be in a position to advise you prior to departure.
Airlines occasionally may change the type of aircraft used on a particular flight without advance warning. Flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we ourselves are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. Should the changes involve a reduction of your holiday duration, we will offer you a refund of any applicable costs.
4.4 If we change your holiday before your departure
We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers such as airlines, hotels, local transport operators and guides, over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a material change we will notify you or your travel agent as soon as reasonably possible. A material change includes a change of accommodation to that of a lower category and/or price, a change of flight time of more than 12 hours, a change of UK departure airport (other than London airports), or a significant change of resort area. In the case of a material change before your departure we will provide you with three alternatives:
(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available;
(b) alternative travel arrangements of a lower standard together with a refund of the difference in price; or
(c) cancellation of your holiday with a full refund of all monies paid.
In all three cases, compensation will be paid as appropriate unless the change occurs as a result of circumstances beyond our control or the control of our suppliers.
4.5 Changes due to circumstances beyond our control
We will not be liable to pay any compensation if we are forced to cancel or in any way change your holiday as a result of unusual or unforeseeable situations outside our control or the control of our suppliers, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline, war or threat of war, civil strife, industrial disputes, natural disasters, adverse weather conditions, epidemic or outbreaks of illness or terrorist activity.
4.6 If we cancel your holiday
We reserve the right in any circumstances to cancel your holiday for any reason. However we will not cancel your holiday within 71 days of departure unless it is for a reason outside our control (see changes due to circumstances beyond our control). If we have to cancel your holiday we will offer you:
(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available;
(b) travel arrangements of a lower standard and a refund of the difference in price; or
(c) a full refund of all monies paid.
Compensation will also be paid as appropriate unless the holiday is cancelled because you have failed to pay on time or as a result of circumstances beyond our control. No compensation is payable if the holiday is cancelled because the number of persons who agreed to take it is less than the minimum number required and you are informed of the cancellation in writing within the period indicated in the description of the package.
4.7 Minimum numbers
We will tell you at the time of booking whether a particular holiday is subject to a minimum number of participants for its operation. We will advise you at least 71 days before departure if minimum numbers have not been reached. You will then have the choice of booking an alternative holiday with us, changing your departure date at the appropriate additional cost, or having a refund of monies paid.
5. ON HOLIDAY
5.1 Health & Safety
We promote good hygiene practices in hotels and tented camps but it is important to remember that standards of hygiene and safety in some foreign countries, particularly developing destinations, are generally much lower than in the UK, Europe and North America. Care should be taken to minimise the risk of holiday sickness, particularly for pregnant women, children and the elderly.
Safaris, particularly those which involve walking, canoeing or riding, bring you into close contact with wild animals whose behaviour can be unpredictable. We take precautions to ensure that you are led by highly qualified and experienced guides but you must accept that, in purchasing these holidays, an element of personal risk is involved. At all times you must comply with reasonable instructions given by your guide.
Activities such as ballooning, canoeing, white water rafting and scuba diving may be available for you to book with local independent operators. All these activities carry inherent risks. Each person wishing to participate may be asked to sign a form of waiver by the local supplier which may limit or exclude its liability. In some cases they may require you to pay for a lesson. These activities are not sold by us and do not form part of the package which we provide, unless they are included in our itinerary and form part of our inclusive price for your holiday. All participants must be over eighteen years of age and physically fit enough to take part. Safety equipment must be worn at all times. Participants must comply with reasonable instructions given by the organiser of the activity.
5.2 Flight Delays
In the event of a flight being delayed, we will do our best to make arrangements for your comfort wherever possible. However, this will depend on such factors as the expected length of delay, local availability of accommodation, immigration ruling and so on. Where long flight delays result in lost holiday time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals, not re-let. Your travel insurance policy may offer compensation for certain flight delays.
5.3 Water/electricity Supplies
In many of the less sophisticated destinations we feature, the water and electricity services struggle to keep up with the increased demands from tourism. Limited rainfall can put further pressure on their provision. Hotels and safari camps do everything possible to main full services. However, occasional power cuts and/or water restrictions may be experienced.
5.4 Accommodation in the Tropics
In many hotels, especially beach resorts, insects in the rooms such as cockroaches are almost inevitable. It should not be taken as a sign of dirtiness, simply a fact of life in these destinations. Views from some hotel rooms may be partly obscured by palm trees and other vegetation that can grow very quickly in tropical climates.
5.5 Watersports and other activities
Many hotels offer watersports and other sporting activities, in some cases these may be free of charge. Please note that in the interest of your personal safety, the operators of these activities may require that you demonstrate your competence (for example by taking a swimming test) prior to commencement and reserve the right to refuse participation for any reason if they feel this may compromise your or another guest’s safety.
5.6 Lost items
If you lose any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
5.7 If you have a complaint while you are on holiday
If you have cause for complaint whilst on holiday, you must bring it to the attention of our local representative or agent and the hotel immediately. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.
5.8 Exclusive Adventures duty officer
Exclusive Adventures operates a 24 hour emergency duty officer system, and the contact number for this will be provided with your itinerary.
It is becoming ever more important to conserve the world’s natural resources, its landscapes, flora and fauna. Someone coined the phrase ‘Take only photographs, leave only footprints’ and a number of countries now use this to promote conservation. It would be hard to improve on this statement.
5.10 Our commitment to you for your holiday arrangements
(a) We hold an Air Travel Organisers’ Licence (ATOL 2883) granted by the Civil Aviation Authority.Your Financial Protection
When you buy an ATOL protected 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.
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).
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. For further information, visit the ATOL website at www.atol.org.uk.
For clients who live outside the UK or who live in the UK and arrange their own international flights we voluntarily provide similar financial protection in the form of Total Payment Protection (topp) Policy Cover provided by Travel & General Insurance Services.
In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992 an insurance policy has been arranged with Travel & General Insurance Services Limited (t&g), to protect customers’ prepayments in the unlikely event of our financial failure and paid in respect of
• non-flight inclusive packages commencing and returning to the UK
• the ground handling aspects of packages where the customer is responsible for arranging travel to the destination offered in this brochure/literature/document/on this website (subject to the terms of the insurance policy), for:
• a refund of such prepayments if customers have not yet travelled, or
• making arrangements to enable the holiday to continue if customers have already travelled, or
• repatriation of customers to the UK or their home country as may be applicable.
Customers’ prepayments are protected by a topp policy.
In the unlikely event of financial failure please contact the claims helpline on 0870 0137 965. A copy of the policy is available on request. This policy is provided by Travel & General Insurance Services Limited (t&g), registered number 02527363 and underwritten by Hiscox Insurance Company Limited (Hiscox), registered number 00070234. t&g and Hiscox are authorised and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (number 113849)
(b) Subject to (d) below, we will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure from the UK is not as described in our brochure or itinerary, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death of 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.
(c) 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.
(d) 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 with us before your 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 onboard the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them. 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.
(e) 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 our offices, or the offices of the relevant supplier.
(f) If we make any payment to you or any member of your party for death, personal injury or illness, you must co-operate fully with us in seeking recovery of any payment we make.
(g) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Exclusive Adventures 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 must have adequate travel insurance for your holiday and should 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 (d) above.
If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for the remainder of your holiday not completed, or assist with any associated costs you may incur. Depending on the circumstances your travel insurance may offer cover for curtailment.
6. ON RETURN FROM YOUR HOLIDAY
6.1 If you had a problem
If a problem remains unresolved during your holiday, you should make a complaint in writing to Exclusive Adventures within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number. We will do our best to investigate and reply to you within 28 days of receipt of your letter.
6.2 Our commitment to you for personal injury claims (unconnected with arrangements made by us)
Should you or any member of your party suffer illness, personal injury or death through any misadventure during your holiday arising out of an activity which does not form part of your holiday arrangements provided by Exclusive Adventuress, we will, in our reasonable discretion, offer you advice, guidance and assistance. Any request for assistance must be made within 90 days from the date of the misadventure in question.
18 Mobbs Miller House
England NN1 5LL
Tel: +44 (0) 1604 631155
Fax: +44 (0) 1604 639879