Standard Terms and Conditions of Service for Contracts With (Overseas) Tour Organisers
All references to the “Company” in these terms and conditions shall mean Top Notch Luxury Safaris.
All references to “the Organiser” shall mean the person, firm or company contracting with the Company for Services (hereinafter defined) to be provided to Clients (hereinafter defined).
All references to “Client” shall mean the person, firm or company to be provided with Services by the Company and which are contracted for with the Company by the Organiser and shall include any person in any party accompanied or paid for by such person, firm or company and the personal representative of all such persons.
Reservations and Payments:
A deposit of 50% of the total tour price is required at the time of firm booking of a tour. The remainder of the total quoted tour price is due 35 days before the commencement of the services. For Reservations made 35 days to commencement of the services, full payment is due upon confirmation of the services. Payment is by swift telegraphic wire transfer into our bank account, details to be advised upon a firm booking.
Reservations that are cancelled or reduced in length of stay, or numbers are subject to cancellation charges as set out hereunder:
Ø Cancellations received between 60 and 46 days prior to commencement of services shall be charged at 25% of the total cost of services.
Ø Cancellations received between 45 and 26 days prior to commencement of services shall be charged at 35% of the total cost of services.
Ø Cancellations received between 25 and 14 days prior to commencement of services shall be charged at 50 % of the total cost of services.
Ø Cancellations received between 13 and 7 days prior to commencement of services shall be charged at 75% of the total cost of services.
Ø Cancellations received within 6 days or after commencement of services shall be charged at the full cost of services.
In some accommodation properties, non-refundable booking fee is required to hold the rooms either all year round or during the peak season when there is extra ordinary demand for accommodation. These will be advised upon a booking confirmation.
No refunds are given for: lost travel time or substitution of facilities and/or accommodations; itineraries amended after departure; not appearing for any accommodation, tour, game viewing or other booked activities; and/or cutting short the booked itinerary for any reason.
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 Organiser all cancellation fees which they are entitled to charge as per para 2 above. The Company shall not be required to notify the Organiser, the Retailer or the Client prior to the date for commencement of Services that the Services or any part of the Services will be withheld.
The Company reserves the right to increase all or any of the prices without prior reference to the Organiser in any of the following events:
- Official devaluation or revaluation of the local destination currency against the United States Dollar, the EURO, 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 local Governments or any officer or agent thereof;
- Any local increase 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 beyond the Company control and which the Company has every reasonable effort to prevent.
- While all transportation in Kenya, Tanzania & Uganda are insured, in accordance with and to the extent required by the Laws of respective local destination.
- The Company insurance does not cover illness, medical expenses, damage to or loss of baggage and consequential damages arising from any one of these or at all and the Organiser must advise Clients to effect their own insurance prior to their arrival in the local destination and such insurance to cover as a minimum, death, personal injury, medical expenses, damage to or loss of baggage and consequential damages arising in the event of any one of the foregoing
The Company and its Organisers acts only as agents of the clients in all matters relating to the tour. The company’s liability to the clients is dictated by the local law of the country in which the tour takes place, However, the company accepts no liability for delays, loss, any personal injury, illness infection or death of a Client or damages from any cause whatsoever. Every effort will be made to adhere to the itinerary, but no rebate will be considered should we fail.
Force majeure means those circumstances where the performance of our contract with you is prevented or affected by reasons of war, threat of war, civil strife, industrial dispute, terrorist activities, natural or nuclear disaster, fire, adverse weather conditions, government actions and similar events beyond our control. In these circumstances, we shall not be liable for any compensation or otherwise responsible for any expenses or losses the clients might incur. If we are forced to cancel, delay, curtail or change the arrangements in any way, or where the performance or prompt performance of our contractual obligation is prevented or affected.
Loss of or damage to property
The Company accept no liability whatsoever for the theft of or other loss or damage to the property of any Client howsoever caused.
These terms and conditions shall be read and construed in all respects in accordance with the Laws of respective local destination’ s government and the Company and the Organiser shall submit to the exclusive jurisdiction of the respective courts.