The following Terms and Conditions form the basis of your contract with African Adventures Limited, a company registered in England & Wales (number 06843151), herein also referred to as ‘us’, ‘we’ or ‘our’. Please take the time to read these carefully, as they set out our respective rights and obligations. You are legally bound by these Terms and Conditions, upon completing your booking.
a. In these booking terms and conditions, the following terms and expressions are used:
b. Group – All persons participating in the trip, meaning the Group Leader, Participants and Staff Travellers as a collective group of people.
c. Group Leader – Person responsible for organising the trip on behalf of the Organisation, leading the trip during the agreed travel dates, and acting as African Adventures’ lead contact throughout.
d. Organisation – The institution organising the trip on behalf of all Participants, and with whom we contract with for the provision of the Package.
e. Package / Trip – The services that have been agreed under the terms of this contract, which constitutes a flight-inclusive package under the Package Travel and Linked Travel Arrangements Regulations 2018.
f. Participant – All persons registering on the Organisation’s trip, or for any person travelling who is under the age of 18 at the time of booking, their parent/guardian, who is required to make the booking on their behalf.
g. Trip Cost – Total cost per person for the services to be provided by us in relation to the Package.
h. You / Your – The Organisation, unless otherwise stated.
2. Making A Booking
a. To make a booking, the Organisation must complete a Trip Agreement, which must be signed by the Group Leader. Both the Organisation and African Adventures acknowledge the Trip Agreement is a legally binding contract.
b. The Trip Agreement outlines the services to be provided by us to the Organisation’s Group, known as the Package.
c. The Group Leader must be authorised to make and amend the Package, based on these Terms and Conditions, by the Organisation and all Participants.
d. To join the Organisation’s Trip, each Participant must register their place with us. By doing so, either via online booking form or over the phone, the Participant confirms that they have had the opportunity to read, and have read, these Terms and Conditions, and become a Participant on the Trip.
e. By completing the registration process, the Participant accepts the Group Leader or Organisation’s authority to make decisions for, and any changes to, the Trip on their behalf.
f. Each Participant is responsible for making all payments to us by the dates stated at the point of registration, unless the Organisation has chosen to make payments for the Group to us, in which case the Organisation is responsible for making all payments to us.
g. The Participant declares that they are in good physiological and psychological health, and not aware of any reason why they might not be suitable to take part in the planned Trip. The Participant agrees to disclose any current or past illness or injury that may affect their ability to safely take part in the trip. Failure to declare any medical condition may invalidate a claim under an insurance policy, and such a failure may also result in us terminating their booking with us, and withdrawing the Participant from the Trip before it commences, or whilst it is taking place. In this instance, the booking will be treated as a cancellation, and as such, subject to our cancellation policy (9b).
h. After the initial booking is made, we may require additional information from the Group Leader or Participants in order to organise the Trip. African Adventures reserves the right to suspend organising the Trip, postpone the Trip, or treat the booking as cancelled, if we have not received all the necessary completed forms to process the additional information within the required timeframes. Such a cancellation would be subject to our cancellation policy (9b).
a. A contract between us and the Organisation comes into effect when the Trip Agreement is signed.
b. Once the Trip Agreement has been signed, we will accept responsibility as the “Organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 to deliver the Package agreed.
c. All matters or disputes arising out of this contract shall be governed by, and construed in accordance with, the laws of England, and are subject to the jurisdiction of the English courts. The Organisation may choose the law and courts of Scotland and Northern Ireland to deal with any disputes if it is located there.
4. Prices and Payment
a. The cost of the Trip and the dates by which all monies are due is made clear at the time of booking. The Group Leader can decide whether Trip Costs will be paid to us by the Organisation or the Participants.
b. If we do not receive all payments due in full and on time, we reserve the right to treat the Trip as cancelled by the Participant or Organisation, depending on who the payment is outstanding from, in which case African Adventures’ cancellation policy (9b) will apply.
c. All deposits are non-refundable and non-transferable.
d. We will only increase or decrease the Trip Cost in the following circumstances:
i. The price of transportation resulting from the cost of fuel or other power sources;
ii. The level of taxes or fees applicable to the Trip imposed by third parties not directly involved in the performance of the Trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or;
iii. The exchange rate relevant to the booked Trip.
e. However, there will be no change to the Trip Cost 30 days of the departure date.
f. In the event of an increase of more than 8% above the original Trip Cost, the Organisation will have the option of accepting the price increase and paying the requested amount, or cancelling the Trip and receiving a full refund.
g. Should the Trip Cost go down, then any refund due will be paid to the Organisation or Participants (if paying us direct). Trip arrangements are not always purchased in local currency and some apparent changes have no impact on the price of the Trip due to contractual obligations and other protections in place. A refund will only be payable if the decrease in cost to us exceeds 5% of the total cost of the Trip.
5. Financial Protection for the Group
a. When you buy an ATOL-protected flight package from us, you will receive an ATOL Certificate via your My African Adventure portal. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Our ATOL licence number is 10639.
b. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
c. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise,) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
6. Accuracy of Services
a. Every effort is made to ensure that all pricing on our promotional material, including our website, brochures and adverts, is accurate. Regrettably, however, changes and errors do occasionally occur. We cannot accept liability for errors that become apparent after this material has been produced.
b. Some arrangements for the Trip, particularly flights, can change without notice. We cannot be held responsible for these changes and therefore will not be liable for any inconvenience or cost caused as a result.
a. It is a condition of booking with us that all Participants hold adequate travel insurance for the duration of the Trip. Details of the policy that we include in the cost of the Trip is available to view on My African Adventure. This policy is issued after we have received the first instalment for the Trip. It is the Participant’s responsibility to ensure that they have suitable cover in place. Participants should carefully read the policy provided and ensure that they are satisfied that it fully covers their personal requirements. Participants should obtain additional cover if necessary.
b. If Participants do not hold adequate or suitable insurance cover, African Adventures will not be liable for any losses or costs whatsoever that may arise as a result of the Participant’s failure to obtain suitable cover.
8. Changes to the booking
a. Should the Organisation wish to make any changes to the confirmed Package, we will try out best to make these changes, but it may not always be possible. In any case, we must be notified in writing as soon as possible. There may be a cost to facilitate major changes, such as, but not limited to, a change of departure date, return date, or destination. All costs incurred by us to facilitate the change must be met by the Organisation or Participants, and these costs will be made clear prior to making the change.
b. If the Group Leader or Organisation wishes to postpone the Trip, and the request is accepted by us, the Group Leader must submit a request for a new departure date within 30 days of notifying us of the postponement, otherwise the booking may be cancelled. Any refund on monies already paid shall be subject our cancellation policy (9b).
c. If it is not possible for us to make the changes to the Package that have been requested, and you state that you are not able to travel on the original Package, your booking will be treated as cancelled, and will therefore be subject to our cancellation policy (9b).
d. If you change your dates of travel, you will carry over to your new travel dates the cancellation charges outlined in 9b, if applicable, that would have been chargeable had you cancelled your original trip, in the event you later cancel your trip. These charges will increase, as per the costs outlined in 9b, as you get closer to your new departure.
e. If the Organisation requests to change the dates of the Trip, all Participants’ places will automatically be transferred to the new dates. If a Participant is unable to travel on the new dates and needs to withdraw from the Trip, the withdrawal will be subject to the standard cancellation charges, and subject to 9b.
f. The services we provide are designed for a minimum Group size of 10 travellers. If the Organisation’s total number of Participants and Group Leaders falls below 10, African Adventures reserves the right to change the Group’s departure date in order to travel with another Group. If the Organisation declines this change, African Adventures reserves the right to either charge a supplement to the Group to cover the additional costs, or treat the booking as cancelled if no agreement can be reached. Such a cancellation will be subject to the policy laid out in 9b.
9. If you (Organisation or Participant) cancel your booking
a. Should the Organisation or a Participant wish to cancel, you may do so at any time, subject to our cancellation policy (9b). The Group Leader must immediately advise us in writing. Notice of cancellation will only be effective when it is received in writing by African Adventures.
b. From the date we receive notification of a cancellation, the following cancellation charges will apply:
i. Prior to the date that the first instalment is due, loss of £195 non-refundable deposit only per person.
ii. On or after the date the first instalment is due, loss of £195 deposit, plus 5% of the entire Trip Cost, per person.
iii. On or after the date the second instalment is due, loss of £195 deposit, plus 25% of the entire Trip Cost, per person.
iv. On or after the date the third instalment is due but more than 45 days prior to departure, loss of £195 deposit, plus 50% of the entire Trip Cost, per person.
v. Less than 45 days prior to departure will result in loss of 100% of the total Trip Cost per person.
c. The Participant is responsible for payment of any cancellation charges, unless the Organisation is making payments directly to us, in which case, the Organisation is responsible for the payment of any cancellation charges.
d. As outlined in 2e, by registering for the trip, all Participants authorise that the Group Leader or Organisation may make changes to your Trip on their behalf, including the right to cancel their place on the trip, and postpone or cancel the Trip in its entirety. We reserve the right to implement the charges outlined in 9b, if applicable.
e. If we do not receive the cancellation costs outlined in 9b, and we have made all reasonable attempts to recover such charges, then the debt may be passed onto a third-party debt recovery agent. The Participant or Organisation, subject to which party cancelled, is responsible for paying any additional fees incurred in recovering the original cancellation fee.
f. In the event the Organisation or Participant decides to discontinue the trip before it is due to end, for any reason, there will be no refund under any circumstances, and the party deciding to discontinue the trip will be liable for any additional costs in facilitating your early return home.
g. The Organisation has the right to cancel the trip without paying any cancellation charges no earlier than 10 days prior to departure in the event of ‘unavoidable and extraordinary circumstances’ occurring at the destination of the Trip or the immediate vicinity, which significantly affects our ability to deliver the Package. Such circumstances will be defined only by an advisory issued by the Foreign and Commonwealth and Development Office (FCDO) at that time. In such circumstances, we shall provide the Organisation (or Participants) with a full refund of monies paid to us, but we shall not be liable to pay either party any compensation.
a. The Group Leader or Organisation can cancel or replace a Participant for any reason at any time. The Group Leader must inform us of any proposed change in writing and ensure the new Participant has registered on African Adventures’ online booking system.
b. All deposits are non-refundable and non-transferable. The new Participant replacing the withdrawing Participant will therefore need to pay a £195 deposit at the point of booking.
c. If a Participant withdraws from the trip on or after the date of the first instalment, they will incur incremental cancellation charges, as outlined in our terms and conditions’ cancellation policy (9b). If there is a replacement, the withdrawing Participant can be refunded any monies they have paid to African Adventures, minus their £195 deposit, once the new Participant has booked their place and paid the equivalent monies due. The replacement Participant must book and pay any monies due within 14 days of the original Participant withdrawing from the trip.
d. Once the Group’s names list has been submitted by African Adventures to the airline in order to issue air tickets, any changes will be subject to the airline’s fees, and an administration fee of £25. This cost must be paid by the Organisation or Participant, subject to whomever is making the change.
11. If we change/cancel your trip
a. Due to the nature of the packages we organise, the Organisation accepts that some changes to the original Trip may occur, and we reserve the right to make these changes at any time. Most of these changes will be minor, and we will advise the Group Leader at the earliest opportunity. In the event of us making any changes to the Trip, the Group Leader has the right to accept, or decline the alternative. If the changes are considered minor or insubstantial and the Group Leader declines the alternative, the Trip may be treated as a cancellation by the Organisation, and will be subject to our cancellation policy (7b/7c).
b. Airlines occasionally make changes to their flying schedule, which may affect the flight times, or potentially the dates, for the Package. This is beyond African Adventures’ control. In the event of the airline making changes to the agreed flight schedule, you have the right to accept, or decline the alternative. If the changes are minor or insubstantial, or involve us rebooking with another airline to facilitate the original trip dates and you decline the alternative, your booking will be treated as a cancellation and subject to our cancellation policy (9b).
c. The Organisation and each Participant agrees when booking that, in the event of travel to the destination to which the Package was planned becomes prohibited, African Adventures may change the destination to one of our other locations (listed on our website). This will not constitute a significant change, as it will be similar in nature, and is an agreed alteration to this contract.
d. African Adventures cannot accept liability for any changes to the Trip, or cancellations, caused by “force majeure” (12).
e. If African Adventures has to make a significant change to the Trip, we will inform the Group Leader at the earliest opportunity. The Group Leader/Organisation can either:
i. Accept the proposed change.
ii. Change to a different Trip, if available. If the alternative trip is of equivalent or higher standard, the Group will not be asked to pay any more than the original Trip Cost. If the alternative is cheaper, then we will refund the difference.
iii. Cancel the Trip, in which case all monies paid to us will be refunded to the Organisation or Participant, depending on which party paid us.
f. African Adventures reserves the right to cancel the Trip. In this event, we will provide a full refund of any monies paid to us. If the reason for cancellation is due to unavoidable and extraordinary circumstances, no compensation will be paid. If the cancellation happens for any other reason, the following compensation will be paid:
i. Cancellation before the third instalment is paid: £0
ii. Cancellation after the third instalment is paid: £40 per person
g. We will not cancel the Trip less than 30 days before the departure date, except for reasons of Force Majeure (12).
12. Force Majeure
a. In these booking conditions ‘force majeure’ means any event that we, or the supplier of the services in question, could not foresee, or avoid, even with all due care. Such events include, but are not limited to, war, the threat of war, insurrection, riots, natural disaster, bad weather, criminal and terrorist acts or similar circumstances beyond our control.
b. We will not accept liability, or pay any compensation where the performance, or prompt performance of our contractual obligations is prevented, or affected, or you otherwise suffer any loss, or damage, due to circumstances that come under the definition of ‘force majeure’.
13. If you have a problem or complaint
a. If you believe that you have reason for complaint during your trip, it is your responsibility to ensure at the earliest possible opportunity, that any perceived failure in the performance, or improper performance of the contract, whether by the company or its suppliers, is communicated to the trip representative or supplier and simultaneously inform us by email or telephone, so that the concerns can be addressed. This must be within 14 days of returning from your trip.
14. Our Liability
a. African Adventures’ obligations, and those of our suppliers providing any service or facility included in the Trip, are to take reasonable skill and care to arrange for the provision of such services and facilities agreed in the Package. The Organisation or Participant must show that reasonable skill and care has not been used in the event either wish to make a claim against us. Sometimes the standard of some of the services we provide will be lower than those which would be expected in the UK. The suppliers of the services and facilities included in the Trip should comply with local standards.
b. We will only pay compensation if, after departure, your Trip or travel arrangements, booked through us, are not provided as described in your trip information, due to the fault of our employees or suppliers and if this has significantly affected your experience and your enjoyment of it. Subject to (14e), we will accept liability in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018.
c. Nothing in these conditions is intended to exclude, or limit, our liability to you if death or personal injury is caused by our negligence, or that of our employees (providing they were, at the time, acting within the course of their employment). Please note, however, that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part, or that of our suppliers in performing our obligations under the contract.
d. We cannot, and do not, accept any liability for any services which do not form part of our Contract with you.
e. We will not be responsible for any claim arising as a result of any, or all, of the following:
i. the fault of the person(s) affected or any member(s) of their party or;
ii. the fault of a third party not connected with the provision of your trip which we could not have predicted, or prevented, or;
iii. the fault of anyone who is not carrying out work for us (generally or in particular) at the time, or;
iv. an event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure, as described in these booking conditions.
f. The whole philosophy of this style of travel, as outlined on our website, is one which requires flexibility. The outlined itineraries given for each trip must therefore be taken as an indication of what the Group should accomplish and not as a contractual obligation on our part. When necessary, we reserve the right to make alterations to a trip without notice. It is a fundamental condition of joining any of the trips, that you accept this flexibility and acknowledge that delays and alterations and their results, such as inconvenience, discomfort or disappointment are possible.
g. Any excursions, tours or visits that the Organisation or Participant may choose to book, pay for, or undertake during the Trip are not part of the Trip organised by us. We are not responsible for any activities not organised by us, and we shall have no liability for any losses the Organisation or Participant incurs.
a. A booking is accepted on the strict understanding that all members of the Group comply with our Volunteer Code of Conduct, which is intended to ensure everybody’s safety and enjoyment of the trip. All members of the Group have a duty of care towards one another. If a member of the Group is found to be in breach of this Code of Conduct, or otherwise prejudicing the safety/well-being of a Participant, or the planning/progress of the trip before you travel or whilst in-country, or bringing the Organisation, African Adventures or the Trip into disrepute, the Organisation or African Adventures may withdraw them from the Trip, without any liability on our part and our standard cancellation policy will apply (9b).
b. If the incident leading to a Participant’s withdrawal takes place abroad, then any additional costs incurred by us to facilitate the Participant’s repatriation must be met by the Participant.
16. Marketing Materials
a. Any likeness, or image of members of the Group taken on any of our trips may be used by us without charge in all media for bona fide promotional, or marketing purposes, such as in brochures, slides, video shows and the internet. By participating in our trips, the Group agrees to waive any rights to these images or comments made, including quotes and feedback that have been provided to us, and agree that they may be used by African Adventures in future promotions.
17. DBS Check
a. When signing up to any project involving work with children, or vulnerable adults, all members of the Group over the age of 18 agree to undergo a DBS check to ensure their suitability for the trip. If this request is made in writing to any members of the Group, this must be completed in order to travel. We are not responsible for any delays in this process or costs incurred. Should a Participant refuse to undergo a DBS check, not receive their completed DBS check in time, or if the DBS check indicates for any reason that their participation in the trip is not appropriate, African Adventures reserves the right to cancel their place on the Trip and their booking will be subject to our cancellation policy (9b). No costs incurred relating to the DBS check will be reimbursed by African Adventures.
18. Passports And Visas
a. It is the Participant’s responsibility to be in possession of a valid passport and any health documents, as required, for the entire duration of the Trip, and to ensure that they meet the entry requirements of the countries that the Group is travelling to. African Adventures accepts no liability whatsoever for any Participant’s travel documents at any time.
b. The personal information stated in a Participant’s passport must match the details given provided to us at the time of booking. It is the Participant’s responsibility to ensure that the information provided to us at the point of registration is correct. We cannot accept liability, or consider refunds if a Participant cannot travel, because of incomplete, invalid or incorrect documentation.
19. Health and Travel Advice
a. Any information, or advice, provided by us on matters such as visas, medications, vaccinations, climate, clothing, baggage, special equipment, permits, specific itinerary details etc., is given in good faith to the best of our knowledge at the time, but without responsibility on our part.
b. It is the Participant’s responsibility to ensure that they have taken full care of their medical precautions by consulting their GP/travel nurse 6-8 weeks prior to travel.
c. Any medical requirements that affect a Participant’s ability to fully participate in any aspect of the Trip, and its itinerary, must be communicated to us immediately.
20. Fitness and Special Requests
a. If any member of the Group has any medical condition or disability which may affect their participation in the Trip, we must be advised prior to registration on the trip by the Group Leader or Participant, or immediately after it becomes a known condition.
b. We reserve the right at any time to require a Participant to produce a doctors certificate of fitness to participate in the Trip. If we decide that we are unable to accommodate your needs, due to particular health requirements, we reserve the right to cancel the Participant’s place. In this case, we will refund any monies paid in full. If, however, the Participant has not declared any medical condition or special request that means they are not able to participate in the trip, we will treat the booking instead as a cancellation and apply cancellation charges as described in 9b of these conditions.
21. Flights and Transfers
a. We will make every effort to ensure that the Group flies together on the same outbound and inbound flights. For large groups during peak periods, this may not always be possible, and we reserve the flight to split the Group into two flight bookings. This may mean that part of the Group may depart or arrive at different times, but we will make every effort to ensure any difference in times is kept to a minimum. Splitting a flight booking does not constitute a significant change by us.
b. Should the Group experience an outbound flight delay, or cancellation, African Adventures will make every reasonable effort to ensure we are still able to meet the Group at the airport in the destination country. Any costs incurred by us will be passed onto the Organisation. You may be able to claim these back from the airline/your travel insurance.
c. If your trip is cancelled or postponed, due to circumstances beyond our control, we and/or our partner cannot be held responsible for any expenses incurred. This includes any flight, travel, or other costs including, but not exclusive to, any charges made by the airlines for cancelling, changing, or transferring flights.
d. Should you experience a flight delay/cancellation, it is your responsibility to inform us so we can make alternative arrangements for you.
a. If any of these terms and conditions is found by any Court or other competent authority to be wholly or partly unfair or unenforceable, the validity of the rest of these terms and conditions, and the rest of the term or confition in question, shall not be affected, and shall remain valid and enforceable to the extent permitted by law.
23. How We Use Your Data
a. We will process your personal data that is provided to us in order to deliver the services you are booking. This is known as ‘service data’ and includes all information you provide us with at the point of your booking and any further information provided hereafter. The source of the service data is you. This data may be shared with partners contracted to deliver your booking. Your data will not be shared with any other party. The legal basis for this processing is the performance of a contract between you and us.
b. Once the services we have provide you with as part of the booking are completed, we will:
i. Continue to communicate updates about African Adventures with you via email newsletters. You can opt out of these at any time.
ii. Retain your personal data for a period of up to five years, at which point it will be delivered from our systems.