TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS OF CONTRACT OF CLASSIC TOURS & SAFARIS Ltd
1. Interpretations, in these standard terms and conditions of contract:
a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
b. unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
c. “booking reservation” means safari or tour or trip or excursion booking
d. “Classic” means Classic Tours & Safaris Ltd, registered in Tanzania by Government under Tour Operator Company and recognised by Ministry of Natural Resources & Tourism, Tanzania Tourist Board (TTB) and an active member of Tanzania Association of Tour Operators (TATO)
e. “the client” means the person / s named on the safari booking form (whether it be a provisional or confirmed safari booking form ) and who contracts with Classic on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a safari booking. Such agent, as well as the persons named on the provisional and the confirmed safari booking form, shall be jointly and severally liable to Classic for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
f. “member / s” means any Classic Senior Office Management Staff
g. “services” means the provision of hotel/lodge bookings, transfers, car hire, offers on tours and excursions for the client in Tanzania and Kenya. Such services include, but shall not be limited to the procurement by Classic, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
All and any business or contracts undertaken or advice, information or services rendered
by Classic, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
3. CLASSIC ACTING AS AGENT ONLY
In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, CLASSIC acts as agent only for and on behalf of the client in procuring the services. As such, Classic shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Classic shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
4.1 All quotations given by Classic in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Classic, shall be in the currency of United States Dollar. Such quotations shall be inclusive of Tanzania’s value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Classic reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and entry fees and other third party suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such
increase, it shall be referred forthwith to the accounting officer of Classic for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final, conclusive and binding on Classic and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to Classic shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Classic by way of cash, direct transfer, forex transfer or by credit card. A 5% surcharges apply for Traveller’s Cheques & Credit Card Payments. The client shall provide Classic forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference for the safari booking shall at all times be reflected on the proof of payment.
4.4 All payments due by a client to Classic shall be made no later than 3 working days after confirmation of a safari booking by a client.
4.5 Although Classic strives to ensure that all rates displayed on sites are correct and accurate, Classic reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Classic, on demand.
5.a ITEMS NOT INCLUDED IN BOOKING
Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the a foregoing, the costs of insurances as referred to in clause 10 below, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, flights, emergency evacuation, protective gears, equipment, gratuities and beverages, optional meals and any optional excursion not reflected on the safari booking reservation.
Furthermore, all costs with regard to any complying with any special requirements, as outlined in paragraph 6.2 below, shall be borne by the client.
5.b ITEMS INCLUDED IN BOOKING
All the transport, game drive and transfers within Tanzania or Kenya in accordance to the detailed itinerary communicated prior between client and Classic, accommodations in a lodge and/or hotel, park fees, crater services, armed ranger salary in case of walking safari within the park, Classic driver guide, cook in case of a camping safari, packed lunch boxes, mineral water in case of picnic lunches, camping fees in case of camping safaris.
6. BOOKING PROCEDURE
6.1 In order to secure a provisional reservation for the services required by a client, the client shall complete in writing and dispatch to Classic a provisional safari booking reservation form. Simultaneously, the client shall pay Classic a non-refundable deposit of 50% (Fifty percent) of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse. Client must provide the correct names of client/s and for tours and/or safaris, required are the clients full name, nationality, full address and flight arrivals details.
Upon receipt by Classic of the balance of the monies due from the client 60 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, Classic may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 10%, ten percent of the booking, which shall be payable by the client in accordance with these standard terms and conditions.
6.2 The client shall advise Classic in writing on the booking reservation form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements and refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the client and payable on demand.
6.3 The client shall be provided similar option in case a tour, hotel or lodge is fully booked.
7. CANCELLATIONS AND REFUNDS
7.1 Cancellations of confirmed bookings may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the client in writing to Classic and shall only be effective on the date of actual receipt by Classic. The following cancellation fees shall be applicable and shall be calculated by reference to the total booking cost (“TBC”) of the services booked for by the client.
Classic entitled to act as agent or principal with regard to the provision of the services.
56 days or more notice 75 percent of the TBC shall be refunded
55 – 49 days notice is given 50 percent of the TBC shall be refunded
48 – 42 days notice is given 25 percent of the TBC shall be refunded
41 – 35 days or less notice given no refund of the TBC shall be made
7.2 (i) No refunds shall however be made to clients who make bookings less than 35 days prior to embarkation (for this purpose, embarkation shall mean the date on which a client is booked to commence travel or to commence an excursion for which the services are booked which ever is the greater), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In the event of a client during the course of a booking terminating it for whatever reason, no refund shall be made unless with the prior written approval of a member of Classic.
Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
7.2 (ii) Classic reserves the right to change or cancel any confirmed booking reservation at any time without prior notice of which the refund will be 100%
7.3 Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:
Refunds to credit cards: the relevant cancellation fee, less a 5 percent credit card surcharge and a 50US$ administrative charge.
Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Classic’s bankers, less a 50US$ administrative charge.
Forex transfers: the relevant cancellation fee, less actual bank charges debited by Classic’s bankers, less a 50US$ administrative charge.
Cash payments: the relevant administration charges, less actual bank charges debited by Classic’s bankers, less a 50US$ administrative charge.
8. RIGHT OF RETENTION
Until such time as Classic has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and entry fees (all of which hereinafter referred to as “the documents” ) will not be issued or handed over to the client. The provisions of this clause shall entitle Classic so as to give it a right of retention or lien in respect of the documents.
9. ALTERATIONS TO ITINERARIES
9.1 Classic has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure , the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond Classic’s control.
9.2 Any extra costs and expenses occasioned as a result of an alteration to or
cancellation of itineraries as provided for in clause 9.1 above shall be payable by the client on demand by Classic.
9.3 Classic may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behaviour of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause 9.3 shall be payable by the client on demand.
10.1 The client shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance cover in order to cover himself, his dependants and / or travelling companions for the duration of the booking for which he has reserved. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a safari booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage / theft / loss of personal baggage, money and goods.
10.2 Under no circumstances shall Classic, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, his dependants or travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged direct for any emergency evacuation, repatriation and medical expenses be the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.
11. VACCINATIONS & HEALTH
11.1 It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which is booked attend at medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Classic does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
11.2 Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit for tour or trip. Classic and its representatives will treat all information in the strictest confidence.
Health Warnings: Malaria and Yellow Fever, Health Issues: ‘Own Medication Responsibilities, Insurances, Emergency Medical Evacuation Insurance, are all extensively detailed on this Classic Tours & Safaris website.
12. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS
The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants and travelling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveller’s cheques where applicable.
Classic does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, Classic shall not be liable for any costs of whatsoever nature occasioned thereby.
13. DISCLAIMER OF LIABILITY
13. 1 Classic shall not be liable to the client for any claim of whatsoever:- nature in connection with the provision of the services ( whether in contract or delict) and whether for damages for personal injury or to property , howsoever arising, including, but without limiting the generality of the aforesaid:-
a. any negligent act or omission or statement by Classic, its servants or agents;
b. any grossly negligent act or omission or statement by Classic, its servants or agents;
i. such claim arises from the wilful misconduct of Classic, its servants or agents;
ii. Classic receives written notice from the client no later than 4 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Classic.
13.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Classic shall under no circumstances whatever, be liable for any indirect or consequential loss / es, howsoever caused or suffered by the client.
14. CONSENT TO RISKS ASSUMED
The client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk.
15. AIR TRAVEL
15.1 Air transportation costs and categories will be client’s responsibility as Classic does not handle her clients from the ground unless otherwise stated. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Classic is not responsible for the client’s air travel,….
15.2 Classic cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Classic on demand.
15.3 Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Classic cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
20.1 Subject to the provisions of clause 20.3 below, any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Arusha branch of the High Court of Tanzania, which shall have exclusive jurisdiction to hear and determine such legal proceedings. Generally should any legal dispute arise it must be settled in Arusha – Tanzania where Classic office base is located and this website is created, maintained and controlled in the United Republic of Tanzania and as such, the laws of the United Republic of Tanzania and the jurisdiction of the Tanzania Courts govern this user agreement and the use or inability to use this site.
20.2 To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 20.1 above.
20.3 Notwithstanding the provisions of clause 20.1 above, Classic shall have the discretion to institute legal proceedings against a client in any Magistrate’s Court having jurisdiction under Tanzania constitutional law, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said Court.
21. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
No variation or alteration of these standard terms and conditions of contract shall be binding on Classic unless embodied in a written document signed by a member of Classic. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppels against Classic in respect of its rights herein, nor shall it operate so as to preclude Classic thereafter from exercising its rights strictly in accordance with these standard terms and conditions.