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Please read these conditions carefully. We want you to be satisfied
with your holiday. On signing the booking form you will have warranted
that you have read and accepted these conditions both on your behalf
and all persons named on the booking. It is essential and a condition
of our contract that you also carefully and thoroughly read and
abide by all information we provide you with at any stage for your
own safety and security. This information also forms part of our
contract where it relates to your confirmed holiday arrangements.
In these conditions, “the Company”, “we” and “us” means “Migration”
a trading name of Safari Drive Limited trading as Safari Drive
and Migration Safaris, ”. ”you” and “your” means all persons
named on the booking (including the person who makes the booking
and anyone who is added or substituted at a later date), “party
leader” means the person who makes the booking and “force majeure”
has the meaning referred to in cl 11 below.
Once you have chosen your arrangements, the party leader needs
to send us a signed booking form together with payment of the deposit
advised at the time of booking (or full payment if booking within
8 weeks of departure) and all applicable insurance premiums (if
the insurance we offer is required) in order to make your booking.
Providing we are in a position to do so, we will confirm your booking
by issuing a written confirmation . A contract between you and
the Company will only come into existence when we do so and not
before. Acceptance of any booking is entirely at our discretion.
Should we not accept any booking we will refund any deposit / other
payment received. In any other case the deposit and any other payment
will be refundable only in accordance with these conditions.
Please check your confirmation carefully as soon as you receive
it as it sets out the services we have agreed to arrange or provide
for you. Contact us immediately if any information which 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 inaccuracies 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 the mistake in question was made by us and
there is good reason why you did not tell us about it within these
time limits.
Payment of the full price of the holiday, including any additional
charges shown on any supplementary invoice, are payable by the
date shown on confirmation/invoice (i.e. 8 weeks prior to the date
of departure or at the time of booking if within that period).
Surcharges may be levied in accordance with cl 5 below. If we do
not receive all payments due (including any surcharge where applicable)
in full and on time, we are entitled to treat your booking as cancelled
by you with effect from the date we reasonably so treat it. In
this case, cancellation charges will be payable as set out in cl
X. For flight inclusive bookings, all monies paid to any authorised
travel agent of ours for your holiday with us will be held on our
behalf until they are paid to us or refunded to you. For bookings
which do not include flights, all monies you pay to such an agent
for your holiday with us will be held by the agent on your behalf
until we issue our confirmation of your booking. After that point,
the agent will hold the monies on our behalf.
If you have any special request, you must advise us at the time
of booking. Although we will endeavour to pass any reasonable request
on to the relevant supplier, we regret we cannot guarantee any
request will be met unless we have specifically confirmed it in
writing. Confirmation that a special request has been noted or
passed on to the supplier or the inclusion of the special request
on your confirmation invoice or any other documentation is not
confirmation that the request will be met. Unless and until specifically
confirmed, all special requests are subject to availability.
We regret we cannot accept any conditional bookings, i.e. any booking
which is specified to be conditional on the fulfillment of a particular
request. All such bookings will be treated as “standard” bookings
subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability
which may affect your holiday, please tell us before you confirm
your booking. In any event, you must give us full details in writing
at the time of booking. [If we reasonably feel unable to properly
accommodate the particular needs of the person concerned, we must
reserve the right to decline their reservation or, if full details
are not given at the time of booking, cancel when we become aware
of these details].
You must insure against your own cancellation and for medical and
personal accident (including local and international repatriation)
and all other usual travel risks, either through the Insurance
Policy negotiated by the Company or some other reputable insurer
giving comparable or better cover under all sections of the policy
which must be suitable for this type of holiday arrangement. Where
alternative insurance is taken, details of the company and policy
number must be provided on the booking form at the time of booking.
In either event such policy as may be taken out by you shall be
independent of these conditions and shall be governed by such conditions
as apply thereto. You must read your policy details carefully and
carry them with you at all times on holiday. It is your responsibility
to ensure that the insurance cover you purchase is suitable and
sufficient for your particular needs and covers all aspects of
your holiday including the activities you intend to participate
in.
Prices may be changed and errors corrected at any time before your
holiday is confirmed.
Once the price has been confirmed at the time of booking, we will
only increase or decrease it if transportation costs or dues, taxes
or fees payable for services such as landing taxes or embarkation
or disembarkation fees at ports or airports change or our costs
change as a result of fluctuations 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 any increase in
our costs exceeds 2% of the total cost of your holiday (excluding
insurance premiums and any amendment charges) will we levy a surcharge.
If any surcharge is greater than 10% of the cost of your holiday
(excluding insurance premiums and 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 cl 8 “Cancellation and Alteration by the Company”. Although
insurance (where purchased through us) does not form part of your
contract with us or of any “package”, we will consider an appropriate
refund of any insurance premiums you have paid us if you can show
you are unable to use/reuse or transfer your policy in the event
of cancellation or purchase of an alternative holiday.
You have 14 days from the issue date printed on the surcharge invoice
to tell us if you want to choose option (b) or (c) as set out in
clause 8 below. If we do not hear from you within this period of
time, we are entitled to assume that you do not wish to do so and
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 that travel arrangements are not always purchased in
local currency and some apparent changes have no impact on the
price of your holiday. A refund will only be payable if any 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.
Particularly as a result of political or environmental changes,
rescheduling of air routes and times and other circumstances outside
our control, we have on occasions to make changes to and cancel
confirmed bookings. Whilst we always endeavour to avoid changes
and cancellations, we must reserve the right to do so.
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 affect
on your confirmed holiday. Significant changes are likely to include
the following changes when made before departure and where applicable
to your booking; a change of accommodation to that of a lower standard
for the whole or a major part of the time you are away, a change
of area of travel 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 or a change of UK
departure point (except as between Heathrow, Gatwick, Luton and
Stansted) to one which is more inconvenient for you where your
holiday includes flights arranged by us.
If we have to make a significant change or cancel, we will tell
you as soon as possible. We will endeavour to offer you alternative
routing and/or dates and at least one option which is of a similar
standard and cost. If there is time to do so before departure,
we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements
or
(b) purchasing an alternative holiday from us, of a similar standard
to that originally booked if available. We will endeavour to offer
you at least one alternative holiday of equivalent standard for
which you will not be asked to pay any more than the price of the
original holiday. If this holiday is in fact cheaper than the original
one, we will refund the price difference. If you do not wish to
accept the holiday we specifically offer you, you may choose any
of the other arrangements we have available. You must pay the applicable
price of any such alternative arrangements. This will mean your
paying more if they are more expensive or receiving a refund if
cheaper or
(c) cancelling or accepting the cancellation in which case you
will receive a full and quick refund of all monies you have paid
to us.
Please note, the above options are not available where any change
made is a minor one.
If we have to make a significant change or cancel we will pay you
reasonable compensation depending on the circumstances and when
the significant change or cancellation is notified to you subject
to the following exceptions. Compensation will not be payable and
no liability beyond offering the above mentioned choices can be
accepted where we are forced to make a change or cancel as a result
of unusual and unforeseeable circumstances beyond our control,
the consequences of which we could not have avoided even with all
due care. No compensation will be payable and the above options
will not be available if we cancel as a result of your failure
to comply with any requirement of these booking conditions entitling
us to cancel (such as paying on time).
Very rarely, we may be forced by "force majeure" (see
clause 11) to change or terminate your holiday after departure
but before the scheduled end of your time away. This is extremely
unlikely but if this situation does occur, we regret we will be
unable to make any refunds (unless we obtain any refunds from our
suppliers), pay you any compensation or meet any costs or expenses
you incur as a result.
Notice of cancellation by you must be made in all cases in writing,
signed by the person who signed the booking form. Cancellation
is effective from the date of receipt by the Company of such notice.
If cancellation notice is received by the Company 56 days or more
before the departure date, each person cancelling will forfeit
the their deposit and insurance premium (and any alteration charges)
only. If cancelling less than 56 days before departure the following
percentage of the total holiday price of the person(s) cancelling
will be payable as a cancellation charge based on the period before
departure we receive your written cancellation notice. 56 - 42
days: 40%, 41- 31 days: 60%, 30 - 0 days: 100%. Should payment
of the holiday cost not have been made in full when you cancel
then you must pay the cancellation charge within 7 days of notification
of cancellation even where you have an insurance policy which may
cover the cancellation. It is for you to claim any insurance money
due from the insurers direct. For partial cancellation of a booking,
please also see clause 10.
If any member of your party is prevented from travelling, that
person may transfer their place to someone else (introduced by
you) providing we are notified not less than [2 weeks] before departure
and provided with appropriate evidence of the reason the person
concerned is prevented from travelling. 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 £25 must be paid before the transfer
can be effected. For flight inclusive bookings, you 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 an alternative
flight.
If you need to change or cancel, timings, flights, accommodation,
dates or names of party members from those originally confirmed
by the Company 42 days before departure the Company reserves the
right to charge £25 per alteration required together with all costs
and charges incurred by the Company or incurred or imposed by any
of our suppliers where it is possible to make the change. Where
confirmed services are cancelled, the supplier’s cancellation charges
will be payable in addition to the £25 alteration fee. The Company
reserves the right to re-calculate the holiday price for the remaining
party members in the event of partial cancellation. If a you choose
to modify your arrangements after the commencement of the holiday
eg. change accommodation or duration of stay you will be deemed
to be breaking your contract with the Company. The Company cannot
therefore accept liability for any loss, damage or additional expenses
and no refunds for unutilised services or arrangements will be
made.
Except where otherwise expressly stated in these conditions, the
Company 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 12
a) below) as a result of "force majeure". In these conditions, "force
majeure" means any event which the Company or the supplier
of the service(s) in question could not, even with all due care,
foresee or avoid. Such events may include war or threat of war,
riot, civil strife, actual or threatened terrorist activity, industrial
dispute, natural or nuclear disaster, adverse weather conditions,
fire and all similar events outside our control.
a) Subject to these conditions and to the information contained
in the literature we send you, we promise to make sure that all
services we have agreed to arrange, perform or provide as part
of our contract with you are arranged, performed or provided with
reasonable skill and care. This means, subject to these conditions
and the information contained in our literature, we will accept
responsibility if, for example, you suffer death or personal injury
or your contracted arrangements are not provided as promised or
prove deficient as a result of the failure of ourselves, our employees,
agents or suppliers to use reasonable skill and care in arranging,
performing or providing, as applicable, the contracted service
in question. Please note it is your responsibility to show that
reasonable skill and care has not been used if you wish to make
a claim. We will only be responsible for what our employees, agents
and suppliers do or do not do if they were at time acting in the
course of their employment (our employees) or carrying out work
we had asked them to do (agents and suppliers).
b) We will not be responsible for any injury, illness, death, loss
(for example loss of enjoyment), damage, expense, cost or other
sum or claim of any description whatsoever which results from any
of the following:-
i) the act(s) or omission(s) of the person(s) affected or any member(s)
of their party; or,
ii) the act(s) or omission(s) of a third party not connected with
the provision of your holiday which we could have predicted or
avoided; or,
iii) force majeure as defined in clause 11.
In addition, we will not be responsible for any losses, expenses,
costs or other sum you suffer which relate to any business activity.
Please note, we cannot accept responsibility for any services which
do not form part of our contract. This includes, for example, any
additional services or facilities which any supplier or agent agrees
to provide for you where the services or facilities are not advertised
or referred to by us in our literature and we have not agreed to
provide or arrange them.
c) We limit the maximum amount we may have to pay you for any and
all claims or parts of claims which do not involve personal injury,
illness or death. Except where loss of and/or damage to luggage
or personal possessions (including money and/or event tickets)
is concerned or a lower limitation of liability applies to your
claim, the maximum amount we will have to pay you for such non
personal injury claims if we are found liable to you on any basis
is twice the price (excluding insurance premiums and amendment
charges) paid by or on behalf of the person(s) affected in total.
This maximum amount will only be payable where everything has gone
wrong and you have not received any benefit at all from your holiday.
Where we are found liable for loss of and/or damage to any luggage
or personal possessions (including money and/or event tickets),
the maximum amount we will have to pay you is £50 per person affected
as you are assumed to have taken out adequate insurance at the
time of booking. Please also see sub clause (e) below .
d) Where any claim or part of a claim relates to any travel arrangements
(including the process of getting on/off the transport concerned)
provided by any sea, rail or road carrier, the maximum we will
have to pay you in respect of that claim or that part of a claim
if we are found liable to you on any basis is the maximum which
would be payable by the carrier concerned under the applicable
international convention (for example, Athens Convention for international
travel by sea, Warsaw Convention, as amended or unamended and the
Montreal Convention for international travel by air) in that situation.
Where the carrier would not be obliged to make a payment under
international convention, we are similarly not obliged to make
a payment. When making any payment, we are entitled to deduct any
money which you have received or are entitled to receive from the
carrier for the claim in question. Copies of the conventions are
available on request.
e) Please note many of the services which make up your holiday
are provided by independent suppliers. These suppliers provide
these services in accordance with their own terms and conditions.
Some of these terms and conditions may limit or exclude the supplier's
liability to you, usually in accordance with applicable international
conventions (see clause 12 d) above).
f) The promises we make to you about the services we have agreed
to provide or arrange as part of our contract - and the laws and
regulations of the country in which your claim or complaint occurred
- will be used as the basis for deciding whether the services in
question had been properly provided. If the particular services
which gave rise to the claim or complaint complied with local laws
and regulations applicable to those services at the time, the services
will be treated as having been properly provided. This will be
the case even if the services did not comply with the laws and
regulations of the UK which would have applied had those services
been provided in the UK.
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
which 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 under the AITO arbitration scheme
(if the scheme is available for the claim in question - see below)
or 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).
If you have a complaint,[insert details of what clients need to
do if this situation arises] Disputes arising out of or in connection
with this contract which cannot be amicably settled may (if the
you wish) be referred to arbitration under a scheme administered
quite independently by AITO. The scheme provides for a simple and
inexpensive method of arbitration on documents alone with restricted
liability on you in respect of costs. The scheme does not apply
to claims for an amount greater than £2500 per person. There is
a limit of £10,000 per booking form. Neither does it apply to claims
which are solely or mainly in respect of physical injury or illness,
or the consequences of such injury or illness. The rules of the
scheme provide that the arbitration must be made within nine months
of the date of the holiday, but in special circumstances it may
still be offered outside the period. Contact us for full details.
See also clause 13.
Please be aware that your Safari will take you to remote areas
and may take bring you into close contact with wild animals and
other hazards, natural and man made. The Company cannot be held
responsible in the unlikely event that an attack should take place
or you encounter any other hazard. It is the responsibility of
the Client to ensure their own safety and the Company, its nor
their employees, nor their agents and suppliers cannot be held
responsible for any attack, injury, death, loss/damage of personal
possessions, or accident or other event of any description which
that may occur during the Safari. Medical assistance may be difficult
to obtain / a considerable distance away and may be limited when
reached. You must carry and abide by all information we provide
you with in relation to your holiday arrangements at all times
as this is crucial for your own safety and security.
These are intended to give an overall impression rather than details
of a specific place.
The facilities, local prices and amenities mentioned in this brochure
are shown in good faith as generally being available. Should local
prices vary, or facilities not be available at certain times as
a result of weather conditions, lack of support etc. the Company
cannot be held responsible.
(i) Drivers must be over 25 years old, have at least 2 years driving
experience and produce a valid driving licence on arrival. (ii)
Our rates include third party cover. (iii) Collision Damage Waiver
(CDW) Our rates include Collision Damage Waiver, the hirer will
be liable for the first £750 for loss of or damage to the Safari
Drive vehicle or equipment. The hirer will also be liable for tyres
(including punctures), windscreen, windows and lights however the
damage is caused. Personal property is not covered. (iv) Should
any damage or loss occur to the vehicle or equipment as a result
of the direct or indirect negligent, reckless, or malicious use
of the vehicle or equipment by the hirer or any other person, then
the hirer shall reimburse the Company for all losses howsoever
incurred, including any losses which any insurer refuses to cover.
(v) The terrain through which you drive makes mechanical problems
/ breakdowns impossible to avoid. In the event of mechanical defect
/ breakdown or accident the Company will use do its best endeavours
to repair and/or replace the vehicle at its entire discretion.
(vi) The Company will not pay any refunds, expenses, compensation
or other sums in respect of the client for any loss of use of its
vehicles or loss of / affect on holiday, due to mechanical defect
/ breakdown / accident affecting any vehicle providing an operational
vehicle was provided at the outset of the holiday. IN CASE
OF AN ACCIDENT WHERE NO OTHER VEHICLE IS INVOLVED THE COMPANY WILL
NOT BE RESPONSIBLE FOR PROVIDING A REPLACEMENT VEHICLE OR A REFUND.
For up-to-date travel advice from the UK government, visit www.fco.gov.uk/knowbeforeyougo
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.
We are required to bring to your attention the existence of a list
of airlines which are subject to an EU operating ban – see http://europa.eu.int/comm/transport/air/safety/flywell_en.htm.
We will advise you of your operating airline at the time of booking
or as soon as we become aware of it if later. Any change of airline,
aircraft type (if advised) and/or airport of destination will not
entitle you to cancel or change to other arrangements without paying
our normal charges except as set out below.
If the carrier with whom you have a confirmed reservation becomes
subject to an operating ban as above as a result of which we/ the
carrier are unable to offer you a suitable alternative the provisions
of clause 8 (Cancellation and alteration by the Company) will apply.
In the event of any delay at your outward or homeward point of
departure, we regret we cannot provide any assistance. Any airline
involved may provide refreshments and other assistance depending
on the length and circumstances of the delay.
The passport, visa and health requirements applicable at the time
of printing to British citizens for the holidays we offer are shown
elsewhere in our literature. A full British passport presently
takes approximately 2 to 6 weeks to obtain depending on whether
you are renewing an existing passport or obtaining one for the
first time. If you or any member of your party is 16 or over and
haven't yet got a passport, our recommendation is that you should
apply for one at least 6 weeks before your holiday. The UK Passport
Service has to confirm your identity before issuing your first
passport and from October 2006 will ask you to attend an interview
in order to do this.
Passport, visa and health requirements may change and you must
check the up to date position in good time before departure with
the Embassy or consulate of the country(ies) you are travelling
through and to.
Information on health is contained in the Department of Health
leaflet T7 (Health Advice for Travellers) available from the Department
of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk
and from most Post Offices.
It is the party leader’s responsibility to ensure that all members
of the party are in possession of all necessary travel and health
documents before departure. All costs incurred in obtaining such
documentation must be paid by you. We regret we cannot accept any
liability if you or any member of your party are refused entry
onto any transport or into any country due to failure on your part
to carry correct documentation. If you or any member of your party
is not a British citizen or holds a non British passport, you must
check passport and visa requirements with the Embassy or Consulate
of the country(ies) to or through which you are intending to travel.
If failure to have any necessary travel or other documents results
to fines, surcharges or other financial penalty being imposed on
us, you will be responsible for reimbursing us accordingly.
We are a member of the Association of Independent Tour Operators
(AITO). We also hold an Air Travel Organiser's Licence issued by
the Civil Aviation Authority (ATOL number 3322). This means our
flight inclusive holidays are ATOL protected. In the unlikely event
of our insolvency, the CAA will ensure that you are not left 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 If your holiday does not include flights
arranged by us, our AITO membership will ensure any money you have
paid to us for an advance booking is refunded or you will be returned
to the point where your contracted arrangements with us commenced
if already abroad (if applicable) .
June 2007
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