TERMS AND CONDITIONS
These terms, under which you the participant agree to take your Tour, cannot be changed or amended except in writing and signed by an authorized representative of Africa Adventure Drives.
1. RESERVATIONS AND PAYMENTS: Standard policy for the majority of Africa Adventure Drives is that a provisional booking will be held for a period of 7 days only, after which a response is required on whether to confirm or release the space. Upon receipt of the signed Required Booking Documents and the Deposit Payment which is 20% of Tour price, we will, subject to availability, reserve your place on your agreed upon Tour. The Balance Payment is due not later than 9 weeks prior to the date of departure for your Tour (“Departure Date”). All prices are quoted in U.S. dollars and must be paid in U.S. dollars. Payment will be made through Paypal or direct deposit.
2. CLIENT CANCELLATION AND REFUND POLICY: Cancellations are only effective upon Africa Adventure Drives receipt of written notification, signed by the client:
A. Cancellation before Eight (8) Weeks Prior to Departure Date. If your cancellation is made more than eight weeks prior to departure date, 10% of total tour cost forfeited.
B. Cancellation between Six (6) Weeks and Eight (8) Weeks Prior to Departure Date. If your cancellation is made between six weeks and eight weeks prior to your departure date, 30% of total tour cost forfeited.
C. Cancellation between Six (6) Weeks and Four (4) weeks Prior To Departure Date. If your cancellation is made between six weeks and four weeks prior to your departure date, 50% of total tour cost forfeited.
D. Cancellation between Four (4) Weeks and Two (2) weeks Prior to Departure Date. If your cancellation is made between two to four weeks prior to departure date, 75% of total tour cost forfeited.
E. Cancellation less than fourteen days (14) Prior to Departure Date. If your cancellation is made less than fourteen days to your departure date, 100% of tour cost will be forfeited or for any reason fail to join a tour or join it after departure or leave it prior to completion, no refund of any kind will be made. Africa Adventure Drives recommend that you purchase travel insurance, including trip cancellation insurance, to protect you in case of this circumstance.
2A .Tour Cancellation by Africa Adventure Drives: In this case clients will be notified forthwith. AAD may offer to operate the tour if all participants agree to pay a surcharge as the minimum number required has not been reached. Should the clients decide not to pay the surcharge, AAD will refund their payment in full, which will constitute the full settlement. AAD is not liable for any additional costs or losses incurred by the client due to AAD’s cancellation of tour because of lack of participation. This includes but is not limited to air line tickets, hotel reservations and car rentals. AAD is not required to make any refunds once a tour has commenced regardless of the reason why a participant is unable to complete the tour.
3. NOT INCLUDED: (varies by Trip):Items not included in the Trip Fare include, but are not limited to: insurance to cover for cancellation, curtailment, luggage, medical expenses, money, and emergency evacuation; alcoholic beverages, gratuities, upgrades to vehicle, accommodation ,airfares, travel expenses not related to the trip optional meals specific to your itinerary.
4. LIMITATION OF LIABILITY: This section defines Africa Adventure Drives responsibility with respect to all of our Tours booked for our guests. Please read it carefully.
With respect to you, the client, Africa Adventure Drives assumes no responsibility for injury, death, loss, or damage to person or property, Tour delay, Tour cancellation, any change in air travel or other service irregularity, inconvenience or additional expenses in connection with any service resulting directly or indirectly from: defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, sickness, wars, detention, annoyance, delays, thefts, pilferage, force majeure, wild animals, failure of any means of conveyance to arrive or depart as scheduled, travel advisories, discrepancies or changes in transit, hotel and any other services over which it has no control, occurring in either the country of origin, destination or through passage, or through the acts or default of any third party company or persons engaged in conveying the passengers or in carrying out the arrangements of the Tour. Africa Adventure Drives cannot be held liable for any loss or damage to luggage, before, during, or after the Tour. Africa Adventure Drives reserve the right to accept or decline any individual from participating on any Tour for any reason.
5. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK: I acknowledge that I have voluntarily chosen to participate in the Adventure Travel designated on the Travel Agreement. In so doing, I acknowledge that I may be subjecting myself to dangers and hazards, which could result in illness, injury, or death. I also acknowledge that there are inherent risks and dangers, which may arise at any time during the Tour. I am specifically familiar with and accept the risks of the dangers and hazards inherent in partaking in my Tour and am aware that medical services or facilities may not be available while I am participating in the Tour. In order to partake of the enjoyment and excitement of this Adventure Travel, I am willing to accept the risks and uncertainty involved as being an integral part of my Tour. I agree to assume all risks of illness, injury or death.
6. RELEASE AND COVENANT NOT TO SUE: As partial consideration for my participation in the Tour and for Africa Adventure Drives undertakings, I agree that neither I, nor any of my heirs, personal or legal representatives, nor family members will bring suit against Africa Adventure Drives as a result of any acts or omissions by any Operator or independent contractor involved in this Tour. I hereby release, indemnify, and covenant not to sue Africa Adventure Drives or its officers, directors, shareholders, agents and employees for any and all claims of whatever kind arising from my participation in the Tour, including, but not limited to, personal injury, illness, death, property damage, or monetary loss.
7. INTEGRATION AND SEVERABILITY: Subject to the obligations and duties set forth herein, this Travel Agreement and Additional Information and Disclaimers expresses the full and complete agreement and contract of the parties hereto. In the event that a court of law declares any portion of this Travel Agreement invalid, such declaration shall not affect the remainder of the terms of the agreement, which shall be valid and enforceable.
8. GOVERNING LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Montana. The Parties agree that venue will be in Flathead County, Montana.
9. ATTORNEY’S FEES FOR BREACH: Client agrees that in any proceedings with respect to 1) the enforcement of this agreement; 2) breach of this agreement; 3) collection proceedings, including bankruptcy adversary proceedings, regarding any judgment obtained arising out of this agreement; and/or 4) the charges and/or chargeback of any credit card transaction related to this agreement and any of the payments made hereunder (“Action”) Africa Adventure Drives shall be entitled to all costs and attorney’s fees incurred.
10. INDEPENDENT REVIEW: I have carefully read and understand Africa Adventure Drives Travel Agreement, I have familiarized myself with all the information, including the attached Additional Information and Disclaimers provided to me about this Tour, and I agree to all terms and conditions set forth in this Travel Agreement and the Additional Information and Disclaimers, which is incorporated by reference. I also certify that the Travel Information Form, which is incorporated by reference and made part of this Travel Agreement, contains accurate information. I have had the opportunity to have the Travel Agreement independently reviewed. I understand that the Travel Agreement includes a release and limit of liability and covenant not to sue Africa Adventure Drives, I am signing this binding agreement of my own free will.
ADDITIONAL INFORMATION AND DISCLAIMERS
1. INSURANCE: It is a condition of booking that the sole responsibility lies with the guest to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependents for the duration of their Tour. This insurance should include coverage including but not limited to, the following eventualities: cancellation or curtailment of the Tour, emergency evacuation expenses, medical expenses, repatriation expenses, and damage, theft or loss of personal baggage, money and goods. Africa Adventure Drives will take no responsibility for any costs for losses incurred or suffered by the guest or guest’s dependents, with regards to, but not limited to, any of the above mentioned eventualities. Guests will be charged directly by Operators for any emergency services they may require, and may find themselves in a position unable to access such services should they not be carrying the relevant insurance coverage. A Travel Insurance Acceptance form must be completed and returned to Africa Adventure Drives as a condition of travel.
2. MEDICAL INFORMATION: Participation in adventure travel requires that you be in generally good health. All guests must understand that while a high level of fitness is not required, a measure of physical activity is involved in such Tours. It is essential that persons with any medical problems and/or related dietary restrictions make them known to us before departure. If your Tour includes travel to a malaria zone, anti-malarial precautions should be taken and this is the sole responsibility of the client. Any required inoculations must be recorded by the client’s health practitioner on a valid vaccination certificate, which the client must carry in his/her possession throughout the Tour. Africa Adventure Drives will not assume responsibility for the accuracy of any medical information. You should consult your doctor or pharmacist for up-to-date requirements and professional recommendations.
3. ITINERARY CHANGES: Although every effort is made to adhere to schedules, it should be noted that we may be obliged to occasionally make changes to the Tour itinerary including, but not limited to: routes changes, accommodation changes or other similar logistical changes related to your Tour as dictated by changing conditions, seasonal rainfall, bush fires or other occurrences that may bring about such conditions.
4. SPECIFIC ACCOMMODATION: Africa Adventure Drives uses their best endeavors to ensure that all reserved accommodation is available as planned, Africa Adventure Drives shall not be held responsible for any refund if any accommodation, tour, itinerary item and/or activity is unavailable.
5. WILD ANIMALS: Please be aware that many of our Tours may take you into close contact with wild animals. Attacks by wild animals are rare, but there is no guarantee that this will not occur. Africa Adventure Drives cannot be held responsible for any injury or incident caused by animals. Many Properties are not fenced and wildlife moves freely in and around these Properties. Always follow the safety instructions provided by the Property’s staff with regards to moving to and from your accommodations and while on game activities throughout your tour.
6. GAME VIEWING: Africa Adventure Drives cannot guarantee “good” game viewing (i.e., observing wild animals) or sightings of specific species of wildlife, as the animals are wild and therefore behave as such. Africa Adventure Drives cannot be held responsible for the absence or presence of wildlife, nor for the “quality” of game viewing on your Tour.
7. PASSPORTS AND VISAS: The onus is upon the guest to ensure that their passports and visas are valid for the countries they plan to visit. Africa Adventure Drives cannot be held liable for any visas and/or passports that are invalid or not held by the guests, nor for the costs of obtaining any passports or visas. Please check with us for up-to-date passport requirements for the countries you are visiting.