Terms and Conditions
OUR AGREEMENT WITH YOU
These conditions are construed in accordance with English Law and subject to the sole jurisdiction a contract is made between us subject to these conditions of the Courts of England and Scotland.
Basis of Contract
These conditions are construed in accordance with English Law and subject to the sole jurisdiction a contract is made between us subject to these conditions of the Courts of England and Wales. Your contract is with Africa and Beyond Limited. Below are our conditions of booking. Please read them carefully - when you make a booking and we accept it. Basis of Contract: When you make your booking you must complete a booking form accepting on behalf of yourself and all your party the terms of these booking conditions and pay a deposit of 10% per person, or other amount specified. If a booking is made within 8 weeks of departure the full payment is due on confirmation and should accompany the booking form. The contract shall be deemed to have been made at the time of posting the confirmation. The balance of account is due 8 weeks before your specified departure unless an earlier date is quoted at the time of confirmation. Under no circumstances has any agent authority to expressly or impliedly alter the terms of contract without our written permission. Price Guarantee and Surcharges. The price of your holiday is that quoted to you at the time of booking and will be based on tariffs and exchange rates quoted in the Financial Times on the date the quotation is prepared. The price is subject to surcharge on currency, aircraft fuel, airport charges, overflying charges and increase in airfares.
We must reserve the right to alter the price of any holiday to take into account such changes up to 8 weeks before departure. After that time the price will not be altered, providing you have paid your account in full, except for Government intervention. Even then, we will guarantee to absorb the first 2% of any such increase and only amounts in excess of this will be surcharged. If, in these circumstances, the surcharge is greater than 10% of the holiday price, you will be entitled to cancel your holiday with full refund except for insurance premiums. This must be done within 14 days from the date of our invoice advising the increase. In return for this guarantee, no refund will be made in the event the pound sterling increases against the relevant foreign currency.
If we change or cancel your booking
In the event it becomes necessary to change your holiday arrangements in full or part due to circumstances beyond our control, we will notify you in writing as soon as possible. Should such changes materially alter the nature of the holiday we shall, subject to availability, offer you the choice of a similar standard holiday before departure or refund all monies paid. Within 8 weeks of departure you will also be entitled to compensation, providing that we have received full payment, of £10 (56-29 days before departure; £20 (28-16 days); £30 (15 days or less). In the unlikely event that we cancel your holiday due to circumstances beyond our control such as civil disturbance, strike, government action or force majeure, we shall endeavour to offer you a holiday of comparable standard or refund all monies paid. We accept no liability for consequential financial loss or incidental expenditure beyond the holiday price stated on the confirmation invoice. If war, terrorist activities or industrial action, either threatened or actual, civil unrest or airport closure or other event outside the Company control either delays or extends the tour or compels change in arrangements, the Company cannot accept liability for resulting loss, damage or expense and any refund will be subject to the deduction of reasonable expenses.
Many people over whom we have no direct control are involved in the planning and provision of your holiday but we do, of course, take all reasonable steps to ensure that proper arrangements have been made for all our holidays and that all the suppliers of the services you will enjoy during your holiday are of an acceptable standard.
It is a condition of booking that all passengers must be covered by comprehensive insurance. It is essential to check that you are fully covered for the type of holiday you intend to take. Please contact us if you require further advice.
We will accept liability for matters that arise as a direct result of our negligence and/or breach of our contractual duty to exercise care in making arrangements for our clients, including any acts or omissions by our employees or agents. Furthermore we will accept liability for any acts or omissions of our suppliers who may operate elements of your holiday arrangements save in such cases as claims involving death, personal accident, personal injury or illness. This liability does not include claims arising from carriage by air or sea which is subject to the terms and conditions international conventions, some of which may limit liability. Air travel is also subject to the operational decisions of the air carriers and airports, which may result in delays or aircraft diversions, over which we have no control. Where travel or health documents are necessary to comply with requirements of any country to which the relevant holiday relates it is your responsibility to secure them.
Although we will make every endeavour to meet special requests made in writing and shown on your booking form, no guarantees can be given.
YOUR AGREEMENT WITH US
You pay a deposit
By paying the deposit shown on your confirmation or advised to you at the time of quotation, you are agreeing to these terms and conditions. This is your only commitment until 8 weeks before departure unless, in exceptional circumstances, an interim payment becomes necessary to protect a particular reservation. If your holiday is arranged through an agent, you pay your deposit to your agent who acts as our agent and, therefore, your contract is with African and Beyond Limited. Subsequent payments to the agent, until paid over to us by the agent, are held by him as agent of the license holder.
If you change or cancel your holiday
Any changes to your holiday arrangements after formal confirmation will be subject to both availability and an administration charge of £25 per person. Changes within 8 weeks of departure will be deemed a cancellation and re-booking. If you or any of your party are forced to cancel your holiday once it has been accepted, a valid cancellation can only be made if you give written instructions direct to ourselves or, if you made your booking through a travel agent, to them instructing them to notify us immediately. The person who signed the original booking form must sign the instruction. The effective date for cancellation will be the date we receive the written instruction at our head office. A cancellation charge (being agreed damages to cover our estimated loss) calculated on the scale set our below becomes payable by you, the signatory of the booking form.
When written notification of cancellation is received by the company more than 56 days before departure, the deposit will be forfeited; between 56-42 days the cancellation charge will be 75%; 41- 15 days, 90%, 14 days or less, 100%. These charges are a percentage of the total holiday cost.
If you have a problem
In the unlikely event that there is something not to your liking whilst you are on holiday that is in our direct control you must immediately report this to our local agent/representative. This gives us the opportunity to correct the matter so that it does not spoil your holiday. Unless there is a valid reason why you fail to report your complaint we will not consider ourselves liable for complaints that were not registered at the time. If the matter cannot be put right on the spot, details of your complaint should be sent to us, in writing, within 28 days of the completion of your holiday.
We will not accept liability in respect to claims received outside this period.
Because holidays are based on the services of scheduled airlines it is not always possible to specify exactly the timings and type of aircraft utilised. The latest available information will be detailed on your confirmation but variations will not form the basis to cancel the contract without penalty. Passengers will be advised the aircraft type at the time of ticket issue. Some tours may be based on special fares available to groups of passengers travelling together and may be subject to a minimum participation.
For Your Financial Protection
Our arrangements are protected by our Air Travel Organiser's Licence (ATOL 9470) issued by the Civil Aviation Authority which requires a full financial bond for all customers' money held. Protection against scheduled airline failure is also in place in respect of flight only arrangements.
For Land Only arrangements, in accordance with "The Package Travel, Package Holidays and Package Tours Regulations 1992" all passengers booking with Africa & Beyond Ltd are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Africa & Beyond Ltd. There is no requirement for Financial Protection of day trips, and none is provided. This insurance is only valid for packages booked that DO NOT include flights. This Insurance has been arranged by International Passenger Protection Limited and underwritten by Insurers who are members of the Association of British Insurers & Lloyds Syndicates. For further information please go to www.ipplondon.co.uk
Africa and Beyond Limited is registered in England. Company number: 6044198