TEMBO ADVENTURE & SAFARI LTD TERMS AND CONDITIONS
1. Deposits & Final Payment
Upon booking a tour with Tembo Adventure & Safari Ltd, a 50% deposit is required to secure the tour and begin the necessary booking processes and ground preparations. An invoice will be sent to the client together with the payment instructions.
Final balance payment of the tour booked is required no later than 30 days before the tour starts. Bookings made within 30 days of the tour start date should be paid in full.
All payments made to Tembo Adventure & Safari Ltd should be free of bank charges and credit card transaction surcharges. Tembo Adventure & Safari Ltd is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the client as a result of credit card or other payment transactions in connection with the purchase of a tour and will not refund or return any fees charged by such third parties in connection with payments made by clients to Tembo Adventure & Safari Ltd
2. Booking Agreement
A booking is confirmed and these Terms and Conditions shall apply when Tembo Adventure & Safari Ltd have received the applicable deposit from the client and the client has received written confirmation from Tembo Adventure & Safari Ltd of such booking. The client confirming the booking must be 18 years of age and above and agrees to provide full, complete and accurate information as requested by Tembo Adventure & Safari Ltd to confirm the booking. Any client confirming a booking on any tours with more than one client named and booked on such booking represents and warrants to Tembo Adventure & Safari Ltd that:
- i) They have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking, and have communicated all necessary information to the other clients in order for them to give free and fully informed authorization to do so.
- ii) The information that they have provided regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Tembo Adventure & Safari Ltd for the purposes of completing the booking.
3. Cancellation Policy
A client may cancel their booking by notifying Tembo Adventure & Safari Ltd. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Tembo Adventure & Safari Ltd and are expressed hereinafter as a percentage of the total price paid for the cancelled tour.
Cancellations By You
Should you or any other member of your party be forced to cancel, you must advise us or your travel agent in writing. A cancellation is not effective until we receive a copy of your written notice. To cover our estimated loss caused by the cancellation, and as we may be unable to resell your holiday, cancellation fees, excluding insurance, will be levied per person as follows:
Period before departure = Cancellation charge (as percentage of total price paid where applicable)
More than 45 days = Deposit;
30 days – 15 days = 50%;
Less than 14 days = 100%.
If a refund is made to a customer arising from a cancellation, amendment or error by the customer, Tembo Adventure & Safari Ltd reserves the right to charge the customer any bank service provider charges incurred.
Cancellations By Us
Occasionally, we may have to cancel confirmed bookings. We endeavor to avoid cancelling, but we reserve the right to do so. We shall not cancel your confirmed holiday less than 30 days before departure, unless you fail to make all payments due in full or we may be forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. If we cancel your safari holiday (except where you have failed to make payment or as a result of force majeure) we shall offer you the choice of purchasing an alternative holiday from us of a similar standard to that originally booked if available.
If the chosen alternative is less expensive than your original holiday, we shall refund the difference. However, if it is more expensive, we shall ask you to pay the difference. Alternatively, you are entitled to a full refund of all money you have paid to us. Except where we cancel for reasons other than those mentioned in this clause, we shall have no further liability to you. We regret we cannot pay any expenses, costs or losses incurred as a result of any cancellation.
If we cancel for a reason that is not mentioned in this clause, we shall pay a maximum compensation of $200, depending on the circumstances. We reserve the right, without prior notice, to terminate the holiday of any person in your party if, in our opinion or in the opinion of any other person in authority, the persons concerned behave in such a way to cause or be likely to cause danger, annoyance or distress to any third party or damage to property. In this situation, the person(s) concerned will be required to leave the accommodation or other service immediately. We shall have no further responsibility towards such person(s). No refunds will be made and we shall not pay any expenses or costs incurred as a result of the termination.
Tembo Adventure & Safari Ltd does not provide travel insurance therefore the client must obtain travel insurance from their home country with the minimum recommended medical, evacuation, and repatriation coverage covering all applicable dates of any travel with Tembo Adventure & Safari Ltdand this insurance must cover personal injury and emergency medical expenses. It is strongly recommended that clients also extend their coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. The cost of the tour does not include any insurance coverage for the client, and that the client is required to obtain separate coverage at an additional cost to the tour price. When obtaining travel insurance, the client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable tour.
All clients are obligated to truthfully provide requested relevant medical information to Tembo Adventure & Safari Ltd upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate a tour with us. All clients should consult their physician regarding their fitness for taking part in the booked tour. Tembo Adventure & Safari Ltd recommends all clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the client’s travel with Tembo Adventure & Safari Ltd. Tembo Adventure & Safari Ltd does not provide medical advice.
Adventure tours provided by Tembo Adventure & Safari Ltd involve visiting remote or less developed regions of Tanzania, where medical facilities may not meet the standards of those found in a client’s home country. The condition of medical facilities in these areas varies and Tembo Adventure & Safari Ltd makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.
Tembo Adventure & Safari Ltd will strive to accommodate the special requests of clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms and Conditions or the contract between the client and Tembo Adventure & Safari Ltd and Tembo Adventure & Safari Ltd is not liable for any failure to accommodate or fulfill such requests.
Due to the nature of the tourism industry in Tanzania and the prices of the resources on which it depends, the published price of any tour product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such a tour. Tembo Adventure & Safari Ltd reserves the right to impose surcharges on any tour products, but only for reasons arising from increases in accommodation costs, transportation costs, fuel costs, dues, taxes or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours, but only where the increase in question is substantial enough to warrant the right to impose these surcharges. Tembo Adventure & Safari Ltd shall provide notice to the affected client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Upon receiving notification from Tembo Adventure & Safari Ltd. the affected client(s) may elect to either:
(a) cancel the applicable tour booking without incurring any penalty; or
(b) accept the change of price.
The client must notify Tembo Adventure & Safari Ltd. of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
From time to time Tembo Adventure & Safari Ltd may offer reduced pricing on selected tours. The reduced pricing applies strictly to new bookings. Bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Tembo Adventure & Safari Ltd) are not entitled to the reduced pricing.
The client acknowledges by booking a tour with Tembo Adventure & Safari Ltd that the nature of adventure travel, especially in Africa, requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by Tembo Adventure & Safari Ltd. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the tour will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Tembo Adventure & Safari Ltd and that Tembo Adventure & Safari Ltd is not liable to any client for such changes or amendments.
Tembo Adventure & Safari Ltd shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Tembo Adventure & Safari Ltd, its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions.
Although Tembo Adventure & Safari Ltd will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the tour departure. However, Tembo Adventure & Safari Ltd is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Tembo Adventure & Safari Ltd is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Tembo Adventure & Safari Ltd. In such circumstances we will provide alternative accommodation of at least the same standard or higher standard.
Where it may be absolutely necessary to amend the tour itinerary during the tour, the tour guide will arrange the best available alternative. The decision to do so will rest on the tour guide and his/her decision is final. This is mainly applicable but not limited to mountain climbing products where the guide believes the client is not able to continue with the climb due to illness, injury, extreme weather, or other factors beyond the guide’s control.
The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to clients’ health and/or safety. There are dangers inherent to adventure travel generally and the client acknowledges they have considered such risks to health and safety and are willing to assume it to the full extent legally possible, by confirming their booking of this tour. The client hereby assumes all such risk and does hereby release Tembo Adventure & Safari Ltd from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting wild and remote areas, and participating in adventurous activities such as those included in the tour itineraries. Standards of hygiene, accommodation and transport in some areas where the tours take place are often lower than comparable standards than what the client may reasonably expect in their home country or region.
The client acknowledges that the degree and nature of personal risk involved depends on the nature of the tour booked, or the location(s) in which such a tour is to operate, and that there may be a significant degree of personal risk involved in travel on the tour, particularly if such a tour involves physical activities, travel to remote locations, high altitude activities or other high-risk activities, or travel areas of Tanzania with under-developed infrastructure. The client acknowledges they have considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The client acknowledges and agrees that Tembo Adventure & Safari Ltd is will provide, to the best of its ability, information or guidance to the client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where tours are operated, but will not be liable if the client does not act according to the information provided.
The client must at all times strictly comply with all applicable laws and regulations of Tanzania and regions visited on the applicable tour. Should the client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tembo Adventure & Safari Ltd(acting reasonably), the client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Tembo Adventure & Safari Ltd may terminate that client’s travel arrangements on any tour immediately without any liability on Tembo Adventure & Safari Ltd part and the client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by Tembo Adventure & Safari Ltd, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the client while on tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or an Tembo Adventure & Safari Ltd representative as soon as possible upon discovery by the client.
Client agrees to take all prudent measures in relation to their own safety while on any Tembo Adventure & Safari Ltd tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to client health and safety. Tembo Adventure & Safari Ltd, nor its Third Party Suppliers shall not be liable for any failure on the client’s part to comply safety instructions or recommendations of Tembo Adventure & Safari Ltd or its Third Party Suppliers.
Client agrees to bring any complaints regarding a tour to Tembo Adventure & Safari Ltd as soon as possible in order to provide Tembo Adventure & Safari Ltd with the opportunity to address such complaint properly. Client agrees to inform the head guide or other designated Tembo Adventure & Safari Ltd representative at the earliest opportunity. Tembo Adventure & Safari Ltd assumes no liability for complaints that are not properly brought to the attention of Tembo Adventure & Safari Ltd with sufficient notice for Tembo Adventure & Safari Ltd to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing by Tembo Adventure & Safari Ltd within 30 days of the end of the tour in question.
Tembo Adventure & Safari Ltd makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the tour(s). Although Tembo Adventure & Safari Ltd takes all reasonable care in selecting Third Party Suppliers, Tembo Adventure & Safari Ltd is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of Tanzania and Tembo Adventure & Safari Ltd does not warrant that any Third Party Supplier is in compliance with the laws of the client’s country of residence, or any other jurisdiction.
To the fullest extent permissible by law, Tembo Adventure & Safari Ltd is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Tembo Adventure & Safari Ltd and its employees. For clarity, neither Tembo Adventure & Safari Ltd nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Tembo Adventure & Safari Ltd are not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event.
Tembo Adventure & Safari Ltd shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Tembo Adventure & Safari Ltd cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Tembo Adventure & Safari Ltd such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Tembo Adventure & Safari Ltd or of the third-party suppliers of any services which form part of the Contract then Tembo Adventure & Safari Ltd limits its liability, where applicable by all applicable International Conventions.
Tembo Adventure & Safari Ltd shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Tembo Adventure & Safari Ltd failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Tembo Adventure & Safari Ltd; or an event which Tembo Adventure & Safari Ltd or the supplier of services, even with all due care, could not foresee.
The client agrees that while participating in any Tembo Adventure & Safari Ltd tour, images, photos or videos may be taken by other clients and/or Tembo Adventure & Safari Ltd representatives or Guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Tembo Adventure & Safari Ltd, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
Tembo Adventure & Safari Ltd reserves the right to update and/or alter these Terms and Conditions at any time, and shall post the amended Terms and Conditions on the Tembo Adventure & Safari Ltd Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on the Tembo Adventure & Safari Ltd website, or will be sent to clients upon their written request to Tembo Adventure & Safari Ltd. Clients shall be deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on the Tembo Adventure & Safari Ltd website. Tembo Adventure & Safari Ltd recommends that all clients refer to the Terms and Conditions prior to their travel to familiarize themselves with the most up-to-date version of the Terms and Conditions.