Terms and Conditions for Heritage Africa Safari Tours
This serves as the agreement between you, the trip participant, and Heritage Africa Safaris for travel services for your Heritage Africa Safaris Trip.
THE FINAL ITINERARY WILL FORM THE ATTACHMENT TO THIS CONTRACT.
All tours operated by Heritage Africa Safaris are subject to the following terms & conditions:
Your booking is made with Heritage Africa Safaris Pty Ltd (2021/561697) who is the organizer of your tour package, hereinafter referred to as Heritage Africa Safaris. Any bookings made indirectly via third-party agents are made with Heritage Africa Safaris and are bound by these terms and conditions.
By booking a trip with us, you have agreed to be bound by the terms and conditions set out below:
– Trip Notes that apply to your tour; and
– any special terms and conditions that may apply,
Your booking will be accepted by us upon the acceptance of the above. The tour services to be provided are named on your booking confirmation. In these Booking Conditions, references to ‘you’ and ‘your’ include the first named person on the booking (Lead Passenger) and all persons on whose behalf a booking is made. While making a booking, the Lead Passenger agrees to these terms on behalf of all persons named on their booking.
Reservation & Payment
For standard bookings, a non-refundable deposit of USD 99 per person is required according to the booking currency. All bookings will be confirmed by Heritage Africa Safaris in writing to the lead passenger along with confirmation of balance payment details.
All our tours are subject to availability and we reserve the right to return your deposit or payment and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us once we have issued you with a booking confirmation. It will confirm the details of your booking and will be sent to you or your travel agent.
The tour balance for all bookings will be direct debited from the payment details given at the time of booking in monthly payments. You must complete payment 90 days prior to the arrival date of the tour. If the booking date is within the 90-day period, it is subject to full payment. Payment can be made by debit cards and all major credit cards. All documents will be sent to the email address of the Lead Passenger only. If there is a failure to complete any payment, Heritage Africa Safaris reserves the right to cancel the reservation. We reserve the right to amend the price of unsold trips at any time and correct errors in the prices of confirmed trips.
For travel show and exhibition bookings a non-refundable deposit of lower than $99 per person may be required. Bookings made at the shows are subject to confirmation by Heritage Africa Safaris within 15 days.
If you are booking for more than one person, as the Lead Passenger, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying Heritage Africa Safaris or its authorized agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Heritage Africa Safaris will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
Each Client must take out adequate and suitable travel insurance in order to take part in a tour organized by us and this is a condition of your contract with us. Clients are wholly responsible for arranging their own insurance. Heritage Africa Safaris reserves the right to request a copy of their insurance policy and/or a receipt showing payment of the premium. Evidence of such insurances must be produced to Heritage Africa Safaris guide on request and normally on day one of your trip. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.
A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation and curtailment of the holiday for insurable reasons, as well as any additional coverage per your personal needs and preferences.
You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, injury, repatriation, evacuation expenses, curtailment and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the passenger. Heritage Africa Safaris will not accept responsibility for, and in no event shall be liable for loss or damage of valuables or other articles left at public spaces or facilities used by Heritage Africa Safaris such as hotels, vessels, expedition vehicles, or any other mode of transportation. Losses due to ordinary wear and tear or acts of God are not reimbursable.
Clients making their insurance arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities they will be undertaking during their tour and are solely responsible to cover any belonging taken on tour.
We reserve the right to cancel the booking, without any liability for refunds, of any customer who cannot satisfy us that they have purchased suitable travel insurance in accordance with this clause. Failure to have travel insurance is only a waiver of this condition if Heritage Africa Safaris expressly agrees. Furthermore, if you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Cancellation by Client
Cancellations must be made by the Client in writing to Heritage Africa Safaris at firstname.lastname@example.org prior to the tour departure, following which the Client must receive confirmation of cancellation. If you do not receive confirmation, please contact us. Cancellation conditions within the balance payment period (from the time of booking to arrival) are as follows:
The initial deposit and all other payments are non refundable.
Cancellation by Heritage Africa Safaris
Heritage Africa Safaris reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 90 days before departure, except for Force Majeure, Low Bookings (minimum 8 pax) or the Client’s failure to pay the final balance. Unless the Client fails to pay the final balance, Heritage Africa Safaris will, upon cancellation, return all monies paid or offer an alternative tour of comparable standard (does not cover the flight ticket or any other item which is not related with the tour operator Heritage Africa Safaris). No compensation will be paid to the Client if cancellation is because of Force Majeure or Low Bookings.
We do not accept liability for any loss, damage or expense resulting from war or terrorist activities threatened or actual, riot or civil unrest, industrial action threatened or actual, weather conditions, fire, flood, drought, closures, unforeseen alterations to public transport schedules, rescheduling of aircraft or boats, epidemic or outbreaks of illness or any other event outside our control which either delays or extends or reduces the trip, or compels a change in the trip arrangements after departure (“Force Majeure”).
It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic or road conditions. Regrettably, coaches, trains, boats do occasionally break down, or suffer mechanical or technical problems, or certain facilities on board a coach, train, boat may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances, it may be necessary to replace the vehicle or boat which cannot be repaired. We cannot accept any responsibility for delays caused by any form of breakdown.
Changes by Heritage Africa Safaris
Heritage Africa Safaris’s aim is to operate all tours as advertised accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions or any other reason. Heritage Africa Safaris reserves the right at any time to cancel or change any of the facilities, accommodations, services or prices described in our brochure or online and to substitute alternative arrangements of comparable monetary value or charge a supplement locally if alternative arrangements cannot be made, without compensation to the Client and accepts no liability to the Client whatsoever for costs or loss of enjoyment as a result of these changes. Where a major change is made prior to departure, the Client will have the choice of either: accepting another tour of equivalent or superior standard; or a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the difference in price; or cancelling the tour and obtaining a full refund. The definition of the “major change” is a change that is reasonably required but will depend on the individual tour and circumstances.
Changes by Client
All changes, amendments or additions must be confirmed prior to 100 days of arrival subject to amendment fees. New Clients may be added to a booking based on the current deal online.
- Name and Tour Date changes 100 days or more before arrival. Name changes will incur an amendment fee of $50 per person. Such changes after are not allowed 99 days or less before arrival.
- Tour Date changes must be for trips that have availability and the cost is $50 per person. Such changes after are not allowed 99 days or less before arrival.
- Such changes are always made at the sole discretion of Heritage Africa Safaris.
Changing the tour date and/or the destination is subject to availability of the new requested date and/or the destination. If the revised tour has a higher price and/or a local payment that is part of the tour price, the price difference must be paid by the Client. It is not possible to transfer the booking to travel dates outside of seasonal dates covered in the Heritage Africa Safaris brochure or by the relevant edition of the web site valid at the time the original booking was made. Hotelier cancellation charges are liable to be paid by the Client in the event of booked pre-tour, post-tour and extra accommodation being unused whatever the circumstances are.
Pre & Post Tour Accommodation
We can not arrange pre- and post-tour accommodation our special deal tours.
The tour price includes:
All accommodation as listed in the Tour Inclusions Section
All transport listed in the Tour Inclusions Section
Sight-seeing and meals as listed in the Tour Inclusions Section
The services of a group leader as described in the Tour Inclusions Section
The number of bags and luggage allowance may vary depending on your flight, destination, date, please check details with our customer service.
The tour price does not include:
Flights, excess baggage, visas, insurance, extra meals and drinks, items of personal nature, entrance fees, tips, port taxes & fuel supplements, departure taxes, optional activities and all the other services not stated in the ‘Inclusions’ sections of this brochure or online.
Airport transfer/s are only available if stated under the “Inclusions” section of your selected tour.
Depending on the demand, destination and season, some groups may increase by up to 20%.
Solo passengers pay a single supplement and they will have a room to oneself. It must be requested and is an additional cost to the tour fee.
Should a Client fail to join a tour, joins the tour after departure, or leave the tour prior to completion, no refund will be made.
If any member of your party is prevented from traveling, that person may transfer their place to another suitable person assuming they do it 100 days before arrival and subject to the name change fee of $50 per person.
Similarly a change to an alternative date may be granted subject to availability assuming it occurs 100 days before arrival and subject to payment of a $50 per person trip change fee (and of course any price difference.
The transferee agrees to our Booking Conditions and all other terms of the contract between us. Please refer to Section 4: “Changes by the Client” for further details.
Cancellation by the Client: If you are unable to find a replacement, cancellation charges as set out in the terms will apply. Otherwise, no refunds will be given for Clients not traveling or for unused services.
Special Offers & Discounts
Special offers and discounts can only be applied at the time of booking and cannot be retrospectively added at a later date, regardless of any later changes made to the original booking. Additional terms & conditions can be added during special campaigns and are solely valid for the specific campaign they refer to. Please see the Heritage Africa Safaris web site for particular conditions applicable to each offer. In all cases only one discount can apply to a Heritage Africa Safaris Tour booking. When two or more offers can apply to a booking in all cases only the discount offering the highest saving to the booking will be applied.
Age & Health
All Clients must determine themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in the Company’s brochures. Clients aged 65 or above are required to complete our Tour Suitability Form, and where considered necessary, due to participation requirements, we will be happy to provide the tour on a private basis (supplements apply) or offer tailor-made holiday arrangements. No unaccompanied minors (i.e. those under 18 years of age) can be accepted on tours operated by us, however children of 6 or more may travel provided that they are accompanied by a parent or a guardian who accepts full responsibility for them and subject, in all cases, to our ultimate discretion. You agree to accept the authority and decisions of our employees, tour leaders, and agents whilst on tour with us. If in the opinion of such person, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour, in which case all monies paid will be forfeited and we will not be liable to pay any compensation whatsoever to such Client.
Dietary and Special Requirements
You must clearly state all your dietary requirements at the time of booking. Although many of our tours accommodate vegetarians and vegans, we cannot guarantee that special dietary requirements can be met and we cannot take responsibility for any such requirements not being fulfilled.
If you have a medical condition or require special arrangements that may affect your trip, we ask that you inform us in writing at the time of booking. If we cannot reasonably accommodate your particular needs we may decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your trip.
Visa & Travel Documentation
It is Client’s responsibility to obtain any visas, passports, health certificates or other travel documentation required. It remains the Client’s responsibility to ensure that these documents are in order and meet any additional costs incurred as a result of failure to comply with such requirements.
For all tours visa support documents provided by Heritage Africa Safaris are only to assist with the visa application & are not valid for travel.
Your Travel Agent’s Responsibility
Any agent through whom you make a booking will communicate information from us to you and vice versa. We are not responsible for any failure by your agent to do this properly or in good time, nor for any advice given to you by your agent that did not originate from us.
Price Validity and Accuracy
Dates, itineraries and prices are valid from the most relevant edition of the website & the time of printing our current brochure. Heritage Africa Safaris reserves the right to change any of the facilities, services, prices & accommodations, itineraries or vehicles described in the online brochure or website without being liable for compensation or refund.
We endeavor to ensure that all the information and prices both on our website and in our online brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Conditions of Suppliers
Some of the services which make up your trip are provided by independent or third-party suppliers. These suppliers maybe small family or community-based operators who operate with the necessary licenses and permits according to local law. The services they provide come with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us. Heritage Africa Safaris accepts no responsibility for any services including optional activities, which are not a part of the tour package.
Authority on Tour
Select group tours are led by a Heritage Africa Safaris guide or tour leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the tour. Should a passenger fail to comply with a decision made by the group leader or interfere with the safety or well-being of the group, the group leader may order the Client to leave the tour immediately, with no right to any refund (please see Your Liability to Us). All passengers must comply at all times with the local laws, customs, and foreign exchange and drug regulations of all countries visited, as well as our responsible travel guidelines.
We cannot be held responsible for the actions or behavior of other tour members, guests or individuals who have no connection with your booking arrangements or with us.
Your Liability to Us
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. You will not be permitted to embark or continue on the trip if your mental or physical condition is, in the reasonable opinion of any representative of Heritage Africa Safaris, such as to render you incapable of caring for yourself, or where you become objectionable to other passengers, or you become a hazard to yourself or other passengers. We will not be responsible for expenses resulting in you being precluded from completing the trip for any reason, nor will we refund you any part of your trip cost. In all cases we will notify you of the reasons why we have taken this action. We will have no obligation to arrange for your return to the point of the trip departure if your condition manifests itself after the trip departure. If the trip involves travel by air, the captain of your aircraft can refuse to allow you to fly on the aircraft if he believes that you could be dangerous or disruptive to other passengers on the flight.
Further, you will be liable to reimburse us for any expenses whatsoever that we incur as a result of such behavior. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
You agree to indemnify us in full against all losses (direct and indirect and howsoever caused) arising from any third-party actions taken against us for loss or damage caused by you or arising from your participation on the trip.
Risk Acknowledgement & Indemnification
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. The tours operated or supplied by Heritage Africa Safaris have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ’package’ vacations. All bookings are accepted on the understanding that the Client appreciates such risks and hazards and they undertake all tours at their own volition. If a Client participates in an activity not included as part of a tour operated by Heritage Africa Safaris, the Client accepts all responsibility for taking part in such an activity, accepts that no further services will be provided by the company and indemnifies Heritage Africa Safaris against any and all claims related to such an activity.
Where the Client suffers death, personal injury or any other loss whatsoever as a result of an activity forming part of the tour arrangements booked with Heritage Africa Safaris, then Heritage Africa Safaris shall only accept responsibility if the death, personal injury or loss was caused by the negligent acts and/or omissions of Heritage Africa Safaris’s employees, officers, agents or direct suppliers. For the avoidance of doubt, Heritage Africa Safaris shall not be liable for such death, personal injury or any other loss suffered whatsoever if there has been no fault on the part of Heritage Africa Safaris or its partners, or if the cause was the fault of the Client (including without limiting the generality of the foregoing the Client’s participation in any activity/option not specifically detailed as included on the tour or operated directly by Heritage Africa Safaris) or due to the actions of someone unconnected with the tour arrangements or due to circumstances which neither Heritage Africa Safaris nor its partners could have reasonably anticipated or avoided.
Responsibility of Heritage Africa Safaris
(1) Heritage Africa Safaris accepts responsibility for the arrangements we agree to provide or arrange for you subject to these Booking Conditions. If we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
*the acts and/or omissions of the person affected; or
*the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
*unusual or unforeseeable circumstances beyond ours or our supplier’s control, the consequences of which could not have been avoided even if all due care had been exercised; or
*an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
b. Claims not falling under 3(a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
c. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004 (if EU passenger), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
a. which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
b. relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or website. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Prompt Assistance in Resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
Where you experience a delay, which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but may not pay for them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorization before making your own travel arrangements.
Feedback & Complaints
You may reach us for any feedback or complaints at email@example.com or call us on +254 720 149 303.
In the event of any dissatisfaction with any service provided by Heritage Africa Safaris, you must report it immediately to the Trip Leader so that action can be taken to remedy the problem. Failure to notify the Trip Leader of any problem immediately may prejudice Heritage Africa Safaris and may result in your ability to claim compensation from us being extinguished or reduced. Any complaint made to Heritage Africa Safaris following the conclusion of the trip should be made in writing within 28 days of completion of the trip. In the event that You do not notify us in writing within 28 days, Heritage Africa Safaris’s ability to investigate the complaint may be prejudiced and may extinguish your claim.
When the Client submits the review form, they accept that the feedback and all rights therein, become the sole property of Heritage Africa Safaris and that Heritage Africa Safaris shall have the right to make it available to the public on this website and for any purpose and in any media (including for advertising or other commercial use).
Photos & Marketing
The Client consents to Heritage Africa Safaris using images taken of the Client during the tour or shared on Heritage Africa Safaris social media accounts for advertising and promotional purposes in any media we choose. The Client grants Heritage Africa Safaris a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
The terms & conditions (incorporating these Booking Conditions) and all matters arising from it, is subject to the exclusive jurisdiction of the Courts of the Republic of South Africa.