The following Terms & Conditions apply to all bookings with African Adventures. Please take the time to read these carefully, as they are written to protect your interests. You are bound by these Terms and Conditions, herein set out, upon issue of payment confirmation of deposit, whether by email or post. (You should accept these terms only if you have carefully read and understood the contents).
1. Your Contract
a) Your contract is with Kenyan Adventure Limited, hereinafter called “African Adventures”, “we” or “company”.
When you make a booking you confirm that you have the authority to accept and do accept the terms and conditions set out below. Please read these conditions carefully as you will be legally bound by them. Any additional stipulations that apply to specific programs will be made clear prior to you confirming a booking.
b) If you book a project placement through us, once your place has been confirmed we will accept responsibility as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992. A package holiday is a combination of at least two elements out of (a) transport, (b) accommodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements) where booked through us at the same time, for which payment is made to us and which last at least 24 hours, or include overnight accommodation. Where transfers, insurance, or other separate services have been purchased these will be subject to terms and conditions of the original supplier, you should therefore consider that any ancillary services are sold on a non-changeable, non-refundable basis.
2. Prices and Payment
a) Trip prices are made clear on the individually specified pages on our website and brochures. The moment we receive your deposit payment, we start processing your application and, therefore, African Adventures’ Refund Policy becomes active. If we do not receive all payments due in full and on time we reserve the right to treat your booking as cancelled by you.
b) Dependent on which trip you have selected, you may be sent further forms to complete and return to us. African Adventures reserves the right to postpone your trip if you have not returned all the necessary completed forms to process your application within the required timeframes. African Adventures also retains the right to refuse any application deemed unacceptable for any reason, which will be refunded in accordance with the company’s refund/cancellation policy (8).
c) Deposits are non-refundable.
d) The prices of African Adventures’ trips are based on exchange rates from March 2014. Whilst we reserve the right to change our prices at any time before you book, the price on your booking invoice will not be increased or decreased except in the following circumstances -:
A surcharge will be payable, where transportation costs and/or any taxes, or fees payable for services such as embarkation/disembarkation fees at ports that may increase. Even in such cases, we will absorb increased costs up to a total amount equivalent to 5% of the cost of your confirmed trip (excluding insurance premiums, any amendment charges and flights not included in the trip).
If the increased costs exceed this 5% we may levy a surcharge. In the unlikely event that any surcharge is greater than 10% of the cost of your trip (excluding insurance premiums, any amendment charges and flights not included in the trip), you will be entitled to cancel your booking and receive a full refund of all monies paid to us (except for any amendment charges and flights where applicable), or you can book an alternative trip if available, with the appropriate price adjustment. In no circumstances will a surcharge be notified to you within 30 days of departure. (The requirement of the company to absorb the 5% amount referred to in the clause is subject to any change in the law following the date of writing of these terms and conditions and to the extent that any change in law removes such requirements we may pass on the full amount of any surcharge to you).
e) For ancillary arrangements which do not form part of our packages, we reserve the right to pass on any cost increases to you in full such as return airport transfers accompanied by a African Adventures Co-ordinator.
f) For trips secured with a deposit, the full balance must be paid six weeks prior to travel otherwise a late payment charge may be incurred.
g) Organised flights for groups must be paid eight weeks prior to travel.
3. Confirmation Invoice
a) On receipt of your booking and all appropriate payments, we will confirm your arrangements by issuing a booking confirmation, and/or receipt of payment. Please check the details of your confirmed booking carefully. Please contact us immediately if any information, which appears on the confirmation or any other document appears to be incorrect, or incomplete, as it may not be possible to make changes later. Where we act only as an agent we will have no responsibility for any errors in any documentation except where those errors were made by ourselves.
4. Financial Protection
a) When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. 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.
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.
5. Website and Brochure Accuracy
a) Every effort is made to provide as much pricing information as possible on our website and on our leaflets and to ensure this information is accurate. Any trip information detailed in any other marketing medium is deemed correct at the time it is written.
Regrettably, however, changes and errors do occasionally occur. We cannot accept liability for errors that become apparent, or occur after this material has been produced. Prices and details of products and services and any offers posted online are subject to change without notice and all products, services and offers are subject to availability. We will do our utmost to ensure you are notified of any trip changes that may affect you prior to your departure, if African Adventures is made aware of the changes in enough time to do so.
a) It is a condition of booking that every passenger must have purchased travel insurance for the entire duration of your trip, which explicitly covers your for volunteer work. This is usually covered in our trip packages but you must ensure you have checked your trip inclusions in full. You must provide details of your insurance policy (policy number, insurer and emergency assistance telephone numbers) prior to your departure. It is your responsibility to ensure that you are adequately insured, as we will not check your policy. If you join the trip without adequate insurance you may not be allowed to continue on the trip with no right of refund. African Adventures accepts no responsibility for the loss of, or damage to, personal property or valuables.
b) African Adventures holds a comprehensive public liability insurance policy that extends to all aspects of our trip itinerary. Please note that if you decide to deviate from your trip itinerary that you are unlikely to be covered by this policy.
7. If you change your booking
a) Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Any such request must be in writing from the person who made the booking. We will do our best to meet your request, but it may not always be possible. If you change from one trip to another, or change your departure date, there will be an administration fee of £50 in addition to any change in trip cost and any charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made.
b) If it is necessary for you to postpone your trip, you must reconfirm the new departure date within 12 months. Failure to do so will result in the booking being cancelled and any monies forfeited.
Project placement prices may be subject to an administration fee in the event of a trip having been postponed.
c) Please note that changes to your booking dates requested by you less than 12 weeks before departure date are considered cancellations.
8. If you cancel your booking
a) You may cancel your arrangements at any time, subject to the terms of African Adventures’ cancellation policy. Should you need to cancel your chosen arrangements you must immediately advise us in writing. Notice of cancellation will only be effective when it is received in writing by us.
b) If you cancel your booking, the following cancellation charges will be incurred:
91-150 days = 15% of the entire trip fee / 61-90 days = 30% of the entire trip fee / 31-60 days = 45% of the entire trip fee / 0-30 days = 100% of the entire trip fee
c) Travel insurance will in some cases include cover against loss of deposit or cancellation fees if you have to withdraw from the trip for circumstances beyond your control.
d) In the event you decide to discontinue the trip before it is due to end, for any reason, there will be no refund. By consulting you In-country Co-ordinator, it is possible to arrange an escorted return airport transfer, subject to cost and an administration fee incurred by you totalling no more than £100 per person.
9. If we change/cancel your trip
a) It is unlikely that we will have to make any significant changes to your trip as we plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest opportunity. A minor change is any change which, taking account of the information you have given us at the time of booking, or which we can reasonably be expected to know as a travel operator, we could not reasonably expect to have a significant effect on your confirmed trip.
b) The whole philosophy of this style of travel, as outlined on our website, is one which allows some alternatives and reasonable flexibility. The outlined itineraries given for each trip must therefore be taken as an indication of what you 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, including to the itinerary, excursions, activities, accommodation and amenities. These alterations may be made if in our reasonable opinion it be regarded as essential to provide due care or to ensure the satisfactory progress of the trip but are not limited to these reasons. Changes in itinerary may be caused by local political conditions, flight cancellations or delays, mechanical breakdown, road conditions, weather, border restrictions, sickness, force majeure and other unforeseeable circumstances. It is a fundamental condition of joining any of the projects described in the brochure, on our website, or any marketing material, that you accept this flexibility and acknowledge that delays and alterations and their results, such as inconvenience, discomfort or disappointment are possible. If you are unable, or do not choose, to complete an itinerary outlined for a trip, we are not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when you are not present with
c) We will endeavour to let you know as soon as we can if, through no fault of your own, we are forced to significantly alter your trip. Should your trip be interrupted by events that we could not reasonably have anticipated and the event significantly affects your trip, we will endeavour to find alternative arrangements as soon as is reasonably possible. You have the right to accept, or decline the alternative. Under these circumstances, refunds will not be made and any travel costs incurred will be your responsibility. African Adventures cannot accept liability for any trip changes, or cancellations, as a result of “force majeure”, for example war or threat thereof, terrorism, fire, sickness, bad weather, acts of government or local authority, acts of God. Except in the case of extraordinary circumstances beyond our control we will not cancel a trip less than 8 weeks prior to departure.
d) Should you be the only person booked on a trip 30 days prior to departure we may take the decision to cancel the trip. You will be given the option of switching to another trip, postponing your trip, or a refund (not including flights, insurance and visa fees).
e) If we have to make a significant change or cancel (except in the case of “force majeure”), we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:-
i. for significant changes, accepting the changed arrangements or
ii. purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
iii. cancelling the booking and obtaining a prompt refund of the money paid (not including flights and Visa fees) – as long as you have given us written notification of cancellation within 7 days of the date on which you were notified of the alterations.
If we have to make a significant change or cancel, 8 weeks or less before departure, subject to the exceptions below, we will pay you the following compensation:
Period before scheduled departure date within which a significant change is made known to you. More than 55 days – Nil. 43-55 days – £5. 28-42 days – £10. 15-28 days – £20. 0-14 days – £30.
10. Force Majeure
a) 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’. 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, strikes, civil action decisions by governments or governing authorities, natural disaster, bad weather, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond our control.
11. If you have a problem or complaint
a) African Adventures works with receiving partners in each of the destinations that we offer trips. They are responsible for representing us and offering you in-country support while you are on your trip. You will be provided with a trip representative in the country to which you are travelling. Full contact details for the representative will be given to you prior to departure. In-country representatives are responsible for your orientation and organising the key components of the itinerary during your trip. They are there for any support you may need regarding local advice, emergency issues and to resolve any issues you may have regarding your trip.
b) If the in-country team are unable to deal with your issue/complaint in a satisfactory manner, you are advised to contact the UK office as soon as possible.
c) If you feel 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 African Adventures by email or telephone, so that the concerns can be addressed. This must be followed up in writing immediately, if not at the earliest possible opportunity.
d) You must communicate any complaint to us, the supplier of services and the trip representative at the earliest possible opportunity and whilst you are still on the trip. Failure to do so will affect our ability to investigate the complaint and your rights under the contract. Until we know about a problem or complaint, we, or the supplier, cannot begin to resolve it. If your complaint or problem is not resolved to your satisfaction you must write to us within 28 days of the trip completion date.
12. Our Liability to You
a) 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, agents or suppliers and if this has significantly affected your experience and your enjoyment of it. Subject to paragraphs (i), (ii), (iii), (iv) below, we will accept liability in accordance with package travel regulations. These conditions will be governed by English law. We both agree that the Courts of England and Wales will deal with any claim you wish to bring against African Adventures directly. When signing these terms and conditions, both parties recognise that you are not an employee of African Adventures.
i. 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.
ii. We will not be responsible for any claim arising as a result of any, or all, of the following;-
1) the fault of the person(s) affected or any member(s) of their party or
2) the fault of a third party not connected with the provision of your trip which we could not have predicted, or prevented, or
3) the fault of anyone who is not carrying out work for us (generally or in particular) at the time, or
4) 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.
iii. In respect of travel by sea, rail and air, and the provision of accommodation, our liability will be governed by and limited in accordance with the relevant international conventions. The provisions of these Conventions and any other convention in force at the time of your trip are incorporated into these booking conditions and form part of your contract.
iv. In respect of claims for death and personal injury we will not be liable for any loss of profit, or loss of business, or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.
b) The services and facilities included in your package will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
13. Supplier Condit ions of Carriage
a) Locally arranged transport is used at times during the trip. You agree to also abide by the terms and conditions of all such carriers related to the trip.
b) Where public transport is used, we cannot be held responsible for its standards, nor liable for any damages, loss, or injury, incurred during its use.
a) A booking is accepted on the strict understanding that you undertake to comply with the laws, customs, foreign exchange, drug and all other regulations of any countries visited during the trip, as well as all hygiene, safety and security rules. In addition, all of our projects and its volunteers work in accordance with our Volunteer Code of Conduct, which is intended to ensure your safety and enjoyment of the trip as well as highlight what is expected of you whilst in Ghana/Kenya, in respect to your home stay and local culture. You will be advised of any specific trip rules either in your pre-departure information, or during your orientation. Do be aware that in the event that you are found violating such rules, or laws and regulations, or otherwise prejudicing the safety, or well-being of a group or volunteer, or progress of the trip, we may terminate your trip with us without any liability on our part. No refund will be given for remaining time outstanding on project placement nor will you be reimbursed for any subsequent costs incurred from food, accommodation, travel or any other expenses.
15. Marketing Materials
a) Any likeness, or image of you, secured, or taken, on any of our trips may be used by the Company 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 you are agreeing to waive any rights to these images or comments made and agree that they may be used by African Adventures in future promotions.
16. Criminal Record Bureau (CRB) Check
a) When signing up to any project involving work with children, or vulnerable adults, you are agreeing that you are prepared to undergo an DBS check to ensure your suitability for the trip if requested by African Adventures. If this request is made in writing to you, we reserve the right to delay, or postpone, your trip until the DBS check has been completed and are not responsible for any delays in this process or costs incurred. Should you fail the DBS check for any reason, African Adventures reserves the right to cancel your trip and no refund of monies will be given.
b) If you are requested to undergo a DBS check, you are responsible for completing this process upon booking a trip with us where you will be working with vulnerable children/adults and the original paperwork must be forwarded to us together with your travel insurance policy. No costs incurred relating to the DBS check will not be absorbed/reimbursed by African Adventures.
17. Volunteer Group Lists
a) By agreeing to our terms and conditions you consent that we may provide the email address that you have supplied to us to other participants travelling on the same trip as you on the same dates.
Providing you with a buddy list enables you to communicate with other members of your group before departure should you wish to. We will remove your email address from the list only if we receive written instruction (mail or email) from you to do so. Please note, you will only be sent a Volunteer Group List for specific group trips.
18. Passports And Visas
a) It is your responsibility to be in possession of a valid passport and any health documents, as required, for the entire duration of your trip and to ensure that you meet the entry requirements of the countries that you are travelling to. Requirements may change and you must check the up to date position in good time prior to departure. The name in the passport must match the name on your ticket where provided. We cannot accept liability, or consider refunds if you cannot travel, because of incomplete, invalid or incorrect documentation.
b) You will require a visa to gain entry into your destination country. African Adventures will assist in obtaining your visa as stated in your Trip Agreement by arranging a support service to collect all passports on one occasion from an agreed point of collection.
c) African Adventures is not responsible for your visa application and provides only a support service, which includes the standard tourist visa fee itself, as part of your trip fee.
d) It is your responsibility to organise the collection of all passports on your agreed date with African Adventures, which will be confirmed via email no later than 7 days in advance. If any passports are missing from the main collection, African Adventures will not pay any additional courier/delivery/application fees under any circumstances for addition collections or drop-offs.
e) As the activities you are involved in do not constitute work and you are not in paid employment, but are a paying visitor, African Adventures recommends that you apply for a tourist visa where necessary. If you break the conditions of your visa whilst you are on your trip, for example undertaking any work for which you are paid without an appropriate visa and, as a result, you are asked to leave the country, you will not be entitled to any refund. See www.fco.gov.uk/travel for relevant advice.
19. Health & Travel Advice
a) Any information, or advice provided by the Company 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 the part of the Company as to individual requirements for specific trips.
b) In the interests of health and safety, you must comply with the following requirements. If you fail to comply with any of the following, African Adventures cannot be held liable:
i. You must visit your GP, or reputable travel clinic, several months prior to departure in order to find out what vaccinations you may require and to ensure these are administered within plenty of time.
ii. You must ensure you have all necessary medication/prescriptions.
iii. It is your responsibility to obtain any advice on necessary equipment, which could include such items as: first aid kits, mosquito nets, or anything else advised by African Adventures.
iv. It is your responsibility to check any country related travel advice before embarking on your trip. Specifically any advice issued by the British Foreign and Commonwealth Office: www.fco.gov.uk. Should a relevant security issue arise whilst you are away, African Adventures may contact you advising of any potential hazards. All advice will be based on the BFCO and other industry sources, no matter what your nationality.
20. Fitness and Special Requests
a) We reserve the right at any time to require you to produce a Doctor’s certificate of fitness to participate in the trip. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip, you must advise us of this at the time of booking. If we reasonably feel that we are unable to accommodate your needs, due to particular health requirements, we must reserve the right to decline your reservation, or if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in Clause 8 of these conditions.
b) Special requests must be made at the time of booking. We will pass on your request to our appropriate partners, or service providers, but cannot guarantee that these will be accommodated.
21. Flights & Transfers
a) African Adventures cannot be held responsible for any action, negligence, or event relating to the purchase, or operation of flight tickets, or flights. Further, African Adventures will not be responsible for any costs, or refunds, due to changes, or delays in flights except where stated above.
b) All trips include a meet and greet and transfer service upon arrival. Should you experience a flight delay, or cancellation, African Adventures will make every reasonable effort to ensure we are still able to meet you at the airport. Any costs incurred by us will be passed on to you.
c) In the event that 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, or other arrangements.
d) Please note the existence of a “Community List” (available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm) detailing air carriers that are subject to an operating ban with the EU Community. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available directly from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of the price of your arrangements from us.
22. Trip Specifics
a) You agree to advise us of flight arrival details and of any changes that may be made to your arrival details at the earliest possible opportunity. Should you arrive outside the agreed start date/time for your trip, or do not advise of your correct arrival details, you may have to cover transfer costs.
b) Accommodation and meals will be arranged for trips where specified within individual trip details. It is your responsibility to confirm with African Adventures whether or not they are included in your booking and to advise us of any special dietary requirements. We cannot guarantee compliancy with all dietary requirements. Please be aware that accommodation, food and facilities that you will be provided with will be of a local standard. You may be required to share a bathroom and/or bedroom and these may differ to the standard you are accustomed to.
23. Data Protection
African Adventures operates within the guidelines set by the Data Protection Act and does not share your information with any other party unless aforementioned.
24. Governing Law
a) 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. You may choose the law and courts of Scotland and Northern Ireland to deal with any disputes if you are resident there.