TERMS & CONDITIONS FOR ALL JOURNEYS SOLD BY AYA AFRICA
1. YOUR CONTRACT WITH US
1.1. The following terms and conditions will form part of your legal contract (‘Contract’) with Aya Luxury Travel Ltd, trading as ‘Aya’ or ‘Aya Africa’ (‘we’, ‘us’, ‘our’, as applicable). You can contact us by telephoning us on +44 203 983 9474 (UK) or +1 332 220 2025 (USA) or by writing to us at email@example.com.
1.2. References to ‘you’ or ‘your’ include the first named person on the booking form or any booking request made by you and all persons on whose behalf a booking is purported to be being made or any other person added to a booking or the booking is transferred to. By making a booking, the first named person on the booking form agrees on behalf of all persons detailed on the booking.
1.3. The first named person on the booking agrees to make full payment on behalf of all individuals included in the booking and to take all such steps as are necessary to ensure that all those on the booking (including anyone added or substituted at a later stage) are aware of and have read the Contract, including these terms and conditions, and agree to be bound by the Contract. The first named person on the booking form confirms that he or she has complied with this condition and that he or she will provide confirmation in writing upon our request.
1.4. Please read these terms and conditions, including those set out below, carefully before you book. If you think there is a mistake in these terms and conditions, please contact us to discuss.
1.5. Any reference to “writing” or “written” in these terms includes emails.
1.6. Your payment of your deposit in accordance with condition 2.3 below signifies acceptance of these terms and conditions and the existence of the Contract between you and us.
2. BOOKING PROCEDURE
2.1. Once we have received the booking or made the same on your behalf, we will use reasonable endeavours to hold the dates on a provisional basis for 21 days giving you time to pay the deposit within this time. Please note that booking policies may differ from property to property and we shall advise, upon your booking, the length of time we can hold the provisional space if different to the above referred period.
2.2. Our price quotations are based on anticipated costs at the date of quotation and are subject to change should the anticipated costs increase prior to you paying the deposit or at all other times if said costs increase due to circumstances outside of our control.
2.3. Once we have received a non-refundable deposit of 30% of the aggregate tour fare quoted, we will confirm the arrangements and issue an invoice for the deposit receipted as paid (as applicable). Your booking is confirmed when we have sent you a confirmation of the booking in writing.
2.4. Once the booking is confirmed, we will send you a copy of our pre-tour information for your holiday.
2.5. Please ensure that you take out full travel insurance immediately after your booking has been confirmed. It is a condition of your booking that you have travel insurance in place and that you upon our request provide confirmation of such. We reserve the right to cancel your trip in accordance with condition 3.1 if no proof of insurance is provided. Travel insurance should be taken out in your home country and we recommend insurance covering you for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment expenses.
2.6. Your final payment is due to us no later than 60 days prior to departure. On receipt of your full payment, we will issue your completed voucher pack including your air tickets (if applicable).
2.7. If your final payment is not received 60 days before the departure date in accordance with condition6, we reserve the right to:
2.7.1. charge you interest on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount; or
2.7.2. treat our Contract with you as terminated by you.If we are required to terminate the Contract on the basis of non-payment, you will lose your deposit and you will also be liable for the cancellation fee as set out in Clause 1. You agree that in the event of such termination, we have no further liability to you whatsoever.
2.8. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date being 60 days before your departure.
2.9. If the booking is made less than 60 days prior to arrival, the booking requirements will be advised to you accordingly upon quotation or otherwise.
2.10. Unless flights are paid for in full at the time of booking, they remain subject to industry and aviation fuel increases, including exchange rate fluctuations and as a consequence, if any flights have been quoted and booked on your behalf by us, industry related fuel increases may be experienced. You will be liable for fuel surcharges unless they have been settled in full upon deposit to guarantee the price which is only valid for 24 hours upon quoting.
3.1. Any bookings cancelled by you after the booking is confirmed, or by us in accordance with conditions 2.5 or 2.7, will result in the loss of your deposit and will also be subject to any cancellation fees according to each property and service providers’ terms and conditions if they exceed the deposit paid. Please note that such fees may become higher the closer you are to the departure date. In the event you have not paid the deposit, we will expect you to do so forthwith.
3.2. We may terminate the Contract (i.e. cancel your trip) in circumstances of force majeure where we are prevented from performing the Contract because of unavoidable and extraordinary circumstances by notifying you in writing without delay before the departure date.
3.3. We strongly recommend you to purchase cancellation and curtailment insurance as soon as possible after the confirmation of the booking to protect you against any unforeseen circumstances such as cancellations, flight delays, baggage loss or ill health.
4. GOVERNMENT TAXES AND IMPOSTS
You agree that any increase in government taxes affecting costs included in the tour price will be passed onto and paid for by you. You further agree that any such increase shall not be sufficient grounds for any refund of fees already paid for the tour, or for the cancellation of a booking for a tour
Once the tour has commenced, refunds will not be made for tours, meals or other special activities that you have missed through no fault of ours or the tour service provider(s).
6. ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to all published itineraries, we reserve the right to make changes for your safety, health and/or at your request and convenience, e.g. in some cases, weather conditions can necessitate an alteration in the tour itinerary and you agree that this does not constitute any reason for refund or cancellation.
7. UNSCHEDULED EXTENSIONS
If you are a “no show,” at the stipulated time of departure of the tour, without having given us any notice, We shall be entitled to treat your reservation as cancelled and the provisions of cancellations in condition 3.1 shall apply (please note that if the reason for cancellation falls within the terms of any holiday insurance policy held by you, such charges may be refunded by the insurance company, subject to the terms of the insurance).
8. PASSPORT & TRAVEL DOCUMENTATION
8.1. You must bring a valid passport together with onward travel documents. If travelling to South Africa you must ensure that all passports are valid for at least 6 months after their entry date and that they have a minimum of 3 blank back to back pages in the passports to enable the entry visa to be issued (note that if there is insufficient space in the passport, entry will be denied). All passport holders should verify with their relevant consulate concerning visa entry requirements.
8.2. It is your responsibility that you have all necessary visas prior to departure (unless available on entry). We accept no responsibility for your visa or grant of entry to any of our destinations. If you are extending your journey to other countries, please establish entry requirements for those countries as well.
8.3. A parent traveling with children, without the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police.
8.4. An unabridged birth certificate is required for all children under the age 18 years old travelling to South Africa.
8.5. Please note that in the event of flights being booked by us on behalf of you, the airlines require the full names of passengers as printed in their passports and will not accept changes once tickets are issued. We accept no responsibility for incorrect passport numbers or incorrect spelling of full names. You must ensure that accurate information is provided in writing to your travel consultant.
8.6. We and our company staff are not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage or loss of baggage and property to the extent that such items are beyond its control. Any and all claims for any loss or injury suffered on any airline must be made directly with the airline involved and not us. Air schedule changes may necessitate additional nights being added to your tour. Provided these schedule changes are beyond our control, any resulting additional costs must be borne by the client. We cannot be held liable for any delays or additional costs incurred as a result of airlines not running to schedule.
We and our outfitters, operators of the tour and/or suppliers of services act only as agents in regard to travel, whether by plane, boat, car or motor coach, and shall incur no liability for injury, damage or loss, for any reason including but not limited to accident, delay, war, insurrection, revolt or other civil uprising, other military action, strikes or any act of God occurring in either the country of origin, destination or through passage, or for any reason whatsoever, or through the acts or default of any company or persons engaged in conveying the passengers or in carrying out arrangements of the tour. We shall not be liable or responsible for losses or additional expenses due to delay or changes in air schedules or other causes. All such losses or expenses will be the responsibility of the client. We reserve the right to make minor adjustments to the itinerary and the right is reserved to cancel any tour prior to departure. We shall not be responsible for any loss or damage to luggage during the tour programme. The submission by the client of the booking form shall be deemed to be consent to these conditions.
10. MEDICAL INFORMATION / LIABILITY RELEASE
10.1. Participation on a safari or tour to Africa requires that you be in generally good health.
10.2. When entering into the Contract with us, you agree and understand that while a high level of fitness is not required, a measure of physical activity is involved in all safaris and tours. It is essential that any medical problems and/or related dietary restrictions are made known to us well before departure.
10.3. You must take anti-malaria precautions, and such precautions are your sole responsibility. Any required inoculations must be recorded by your health practitioner on a valid vaccination certificate which you must carry in your possession throughout the tour. We will not be responsible for the accuracy of any medical information. It is your responsibility to consult your doctor or pharmacist for up to date requirements and personal recommendations.
10.4. Please consult your medical practitioner for any necessary vaccinations, inoculations or medication prior to travel. For malaria specific information in Africa, please see travelclinic.co.za, however this is not a substitute for proper bespoke medical consultation.
11. NOT INCLUDED IN ITINERARY
Insurance to cover for cancellation and curtailment, medical, baggage, money, and emergency evacuation; beverages at certain hotels and lodges; personal laundry at certain hotels and lodges; telephone calls, gratuities to guides and hotel and lodge staff; any excursion not related to the tour; petrol for self-drive tours; additional meals are not included in the itinerary or cost structure.
12. INSURANCE AND LIABILITY
It is strongly recommended to insure against cancellation, medical expenses, personal accident, loss or damage to personal property, loss or damage to luggage. Neither we nor persons acting for, through or on behalf of us shall be liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the foregoing shall particularly not be responsible for loss or damage arising from any errors or omissions contained in its brochure or other literature, late or non-confirmation or acceptance of reservations, loss or damage caused by delays, accidents, sickness, injury or death, whether caused by negligence or not.
13. SPECIAL REQUESTS
You must advise us in writing of any relevant special requests; such as allergies, diet, facility or physical handicap, birthday, anniversary when you submit your reservation request.
14. WILD ANIMALS
Please be aware that our safaris and tours may take you into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. We shall not be held responsible for any injury or incident on the safari or tour, Whether by virtue of wild animal attack or otherwise. Please note that the majority of the safari camps are not fenced and that wildlife do move freely in and around the camps. Always follow the safety instructions from the camp’s staff with regards to moving to and from your tent and while on game activities throughout your safari.
15. LIABILITY RELEASE AND ASSUMPTION OF RISK
15.1. You are aware that during your participation in your tour certain risks and dangers may arise, including, but not limited to, the hazards of traveling in wild or undeveloped areas, travel by boat, train, automobile, aircraft or other means of conveyance, the forces of nature, political unrest, crime, accident or illness in remote regions without means of rapid evacuation or medical facilities.
15.2. You are aware and clearly understand that we will not be responsible for the provision of medical care or the adequacy of any care that may be rendered. We will use reasonable endeavours to ensure that all adequate measures are taken to avoid such occurrences. You acknowledge and confirm thatyou are voluntarily participating in these activities with the knowledge of the dangers involved and hereby agree to accept any and all risks.
15.3. You acknowledge that you have voluntarily agreed to participate in the trip designated in the booking. In so doing you accept that you may be subjecting yourself to dangers and hazards, which could result in illness, injury or death. You also acknowledge that there are inherent dangers which may arise at any time during the trip. You confirm that you, in particular, arefamiliar with and accept the risk of these dangers and hazards inherent in partaking in thetrip and areaware that medical services and facilities may not be available while you areparticipating on the In order to partake in the enjoyment and excitement of this travel trip, you hereby confirm your willingness to accept the risks and uncertainties involved as being an integral part of your tour.
15.4. Nothing in these Terms and Conditions shall limit or exclude our liability to you where it would be unlawful to do so. This includes the liability for:
15.4.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.4.2. fraud or fraudulent misrepresentation; or
15.4.3.any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16. RELEASE AND COVENANT NOT TO SUE
16.1 By entering into your Contract with us, you understand that we will contract with independent contractors on the trip, including transportation, travel services and guide services. Youunderstand and acknowledge that we has no control over and assume no responsibility for the actions of any independent contractors, and that no independent contractor has authority to make commitments for, or on behalf of, us.
16.2. As partial consideration for your participation in the trip and for our undertakings, you agree that neither you, nor any of your heirs, dependants, personal or legal representatives, nor family members will bring suit against us, as a result of any acts or omissions by us or our independent contractors, involved in this trip.
16.3. You hereby release, indemnify and covenant not to sue us, or our directors, shareholders, agents or employees for any and all claims of whatever kind arising from your participation in the trip, including, but not limited to, personal injury, illness, death, damage, or monetary loss, except for such claims arising out of our negligent acts, omissions or misconduct, or our directors, shareholders, agents or employees involved with your trip.
17. LIMITATION OF LIABILITY
Should we, our servants and/or agents incur any liability by reason of loss or damage to person or property, including but not limited to the event of a death, arising out of an event or events occurring on any trip to which these terms and conditions relate, which is not excluded by these terms and conditions, however such liability may arise, and whether or notsuch liability is attributable to any act of any person for whose acts we areresponsible in law, such liability shall in all cases be limited to R 100.00 (one hundred rand) for any one cause of liability and provided further that any liability ofours arising as aforesaid, shall notwithstanding the nature of the your losses or damages, be limited to a total of R 100.00 (one hundred rand).
18. INSOLVENCY/FINANCIAL PROTECTION
19. OUR USE OF YOUR PERSONAL DATA
20. OTHER IMPORTANT TERMS
20.1. We may transfer this agreement to someone else. We may assign and/or transfer our rights and obligations under these terms to another organisation. We will always let you know in writing if this happens and we will ensure that the assignment and/or transfer will not affect your rights under the Contract.
20.2 You may only assign and/or transfer your rights or your obligations under these terms to another person if we agree to this in writing.
20.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
20.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching the Contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods and services constituting the booking, we can still require you to make the payment at a later date.
20.6. The Contract between us, including these terms and conditions, and any dispute arising from it shall be governed by English law and you hereby submit to the jurisdiction of the English courts.