During this period of uncertainty caused by the Covid-19 pandemic, important and positive changes to our terms and conditions have been made parallel to updated laws and regulations. These new terms will replace the previously released policies and will remain until such time that travel restrictions in the destinations we operate in or reside in, have been lifted, and are therefore subject to change.
Please read these booking terms and conditions carefully. In completing and submitting the booking form, you agree to be bound by these conditions which form a contract between African Encounters Ltd (“the company”) and you (“the client”). The person making the booking warrants that, before making the booking, he or she has read and has agreed to be bound by these terms and conditions.
A non-refundable booking fee of NZ$500 is required within 7 days of confirmation of arrangements. This booking fee is a conservation contribution that enables our suppliers’ to continue to fund their essential community and conservation projects. A booking shall not be deemed to have been accepted or to be binding until such time as the booking fee has been paid.
A booking will be deemed to have been accepted once the company has confirmed its acceptance in writing.
2. Payment of the balance of the tour price: The balance of the tour price, the total tour price less any deposits paid, must be paid at least 45 days prior to the client’s departure date.
Payments by internet banking or bank transfer can be made to our Westpac account: 03-0419-0002152-000 with surname as a reference.
In the event that the balance of the tour price is not paid by the due date noted on the invoice, the company reserves the right to cancel the client’s booking. African Encounters Ltd does not accept credit cards.
3. Prices and Surcharges: The company reserves the right to impose surcharges up to 60 days before departure, or before final payment is made, due to unfavorable fluctuations in exchange rates, increases in airfares, transport costs including fuel charges, price increases by suppliers, taxes, or if government action should require us to do so. Once the client has paid in full, the company will not pass on any surcharges or increases mentioned above.
4. Postponement: If you are unable to travel due to restrictions that are a result of government-imposed Covid-19 levels, our African suppliers are offering postponement of your travel plans. A Guest may postpone their trip for up to 18 months from the original date of travel, subject to availability. It is important to know that depending on the new travel dates, there may be extra costs due to seasonality changes or yearly price increases, however, this is unlikely. The inability to travel must be for reasons outside of your control. In the event a booking was postponed due to government-imposed Covid-19 restrictions, and should the Guest subsequently choose to cancel the booking, a cancellation fee shall be charged as per our Standard Terms and Conditions.
5. Cancellation by the client: In the event that the client wishes to cancel a booked tour, he or she must provide written notice of cancellation (“the cancellation notice”) to the company. In the event that the cancellation notice is received by the company more than 45 days before the client’s departure date then the company shall refund to the client all monies paid less any deposit as set out above.
In the event that the cancellation notice is received by the company 45 days or less before the departure date, then the company shall not be obliged to make any refund to the client. In this respect, the client acknowledges that the company will have paid monies to tour suppliers and it may not be possible for the company to obtain a refund from these suppliers where the cancellation notice is received within that period. The company strongly recommends that the client take out travel insurance to cover the cancellation of any tours.
6. Variation or cancellation by the company: The company will use its best endeavours to provide any tour that is advertised or offered. However, it may be necessary for the company to vary or even cancel some tours, whether due to force majeure or otherwise. Where it becomes necessary for the company to vary or cancel a tour, the company will use its best endeavours to provide an alternate tour that is substantially the same or as similar as practical to the tour that is advertised or offered. The client acknowledges that the company may, in order to provide maximum opportunities for the client, propose flexible or alternate arrangements. Any flexible or alternate arrangements may extend to routes, schedules, itineraries, amenities and mode of transport. The client accepts, at the time of booking, the possibility for and appropriateness of such flexible or alternate arrangements and shall make no claim against the company in respect thereof. The information provided by the company on its website or printed documentation is correct to the best of the knowledge of the company at the time of print but the company does not, and cannot, guarantee that any item or amenity will be available at the time requested by the client.
7. Minimum numbers: African Encounters exclusive Signature Safaris are personally escorted in Africa by company founder and director Karen Platzer for groups of 4 or more participants. For groups smaller than 4 people the tour will be locally guided by our partners in Africa. African Encounters Small Group Departures are locally guided by our long-term partners in Africa and operate with a minimum of 2 participants.
8. Unused services: The company shall not be liable to refund to the client any monies paid by the client for a tour, part of a tour or for services not used by the client.
9. Prices: Prices quoted by the company prior to or at the time of booking are calculated by a number of factors, including exchange rates, Government charges, transport costs including fuel charges, prices charged by suppliers in other countries, and other matters.
The company will endeavour to ensure that prices quoted by it prior to or at the time of booking remain valid until full payment is made. The client acknowledges that some of the variable factors affecting the cost of the tour, including but not limited to those referred to above, may increase between the time of booking and the time of payment in full. In the event of any such increases, the company reserves the right to pass on to the client any such amounts, provided that it does so at least 45 days before the date of departure.
Once the client has paid in full for the tour, the company shall not be entitled to pass on to the client any increases in the variable factors referred to above.
10. Insurance: The client accepts full responsibility for insurance which must be taken out prior to final payment of the tour, to cover at the very minimum cancellation costs, personal accident, medical expenses, and repatriation costs. It is compulsory that all clients have personal travel insurance and the company may at any time request a copy of the travel insurance policy. Clients must provide their insurance details with a copy of their policy including emergency contact number and policy number to the company before departure. Failure to do so may result in clients not being able to join the trip.
11. Acceptance of risk: The client acknowledges that the tours offered by the company may be considered to be, in full or in part, adventurous. The tours may involve personal risk, such risks to include illness, injury, disease, loss or damage to property, discomfort and inconvenience. The client, in making the booking, accepts such risks and agrees that he or she has made the booking upon the condition that he or she travels at his or her own risk. The client warrants that he or she shall not make any claim against the company for injury or loss, howsoever caused, arising out of the acceptance of such risk.
It is the responsibility of the client to be informed about any travel advisories or warnings issued by any Government Department. If a travel advisory or warning is issued by a Government Department in relation to a destination to which the client has booked to go, then the client may, at his or her discretion, cancel the booking (and in which case the cancellation provisions herein referred to will apply) or proceed with it. If the client decides to proceed with the booking, then the client acknowledges and agrees that he or she has decided to do so at his or her own risk and will not make any claims against the company in respect thereof.
12. Insurance: The client accepts full responsibility for insurance which must be taken out prior to final payment of the tour, to cover at the very minimum cancellation costs, personal accident, medical expenses, and repatriation costs. It is compulsory that all clients have personal travel insurance and the company may at any time request a copy of the travel insurance policy. Clients must provide their insurance details with a copy of their policy including emergency contact number and policy number to the company before departure. Failure to do so may result in clients not being able to join the trip.
13. Authority on tour: At all times, the decision of the company’s tour leader or representative will be final on all matters of or pertaining to the tour. The client agrees to comply at all times with any decisions or directions of the company’s tour leader or representative as well as with the laws, customs requirements, foreign exchange requirements and drug regulations of all countries to be visited.
Should the client fail to comply with a decision or direction of the company’s tour leader or representative, unless same shall be manifestly unreasonable or unlawful, then the tour leader or representative may require the client to leave the tour. In that event, the client shall not be entitled to make any claim against the company and warrants that he or she will not do so.
14. Travel documents: The client acknowledges that it is his or her responsibility to obtain and maintain a valid passport, any valid visas, permits or certificates, including vaccination certificates, for any tour booked with the company. The client further acknowledges that it is his or her responsibility to ascertain any requirements for such matters and to ensure that those requirements are satisfied.
Whilst the company will endeavour to notify the client of any changes to matters of the type referred to above, the client acknowledges that the company has no legal responsibility to do so and further acknowledges that it is the client’s responsibility to ascertain such matters.
15. Medical conditions: The client warrants that he or she will disclose to the company prior to or at the time of the booking of a tour any adverse medical condition from which the client has suffered during a period of 2 years prior to the date of booking. The client acknowledges that such disclosure is important and relevant because it may affect the willingness of the company to accept the client’s booking and may affect any advice that the company would seek to give to the client in relation to any proposed tour.
All clients must satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour. The journeys are suitable for travellers of average fitness and mobility. Travellers may be expected on occasions to carry their own luggage for short distances.
16. Allergies: The client warrants that he or she will disclose to the company prior to or at the time of the booking of a tour any allergies, including food allergies, from which the client suffers. The client acknowledges that such disclosure is important and relevant because it may affect the willingness of the company to accept the client’s booking and may affect any advice that the company would seek to give to the client in relation to any proposed tour.
17. Twin share, single supplement: 17.1 Single travellers do not pay the single supplement charged by accommodation providers providing they opt to travel on a “twin share” basis. If we are unable to match a “twin share” client with another “twin share” client of the same sex we will confirm a single room at the twin share price.
17.2. Clients wishing to guarantee a single room or tent throughout the tour should pay the single supplement. This will guarantee you a single room or tent throughout the tour. Please note that due to the small size of our preferred camps and lodges we cannot accept more than 1 single room request per safari. Early booking is therefore strongly recommended.
18. Publicity: The client acknowledges that any likeness or image taken of the client on any of our safaris may be used by African Encounters Ltd without charge in all media for bona fide promotional or marketing purposes, including, and without limitation, promotional materials of any kind, such as brochures, presentations, videos, website and the internet.
19. Binding law: The contract between the company and the client, including these Terms and Conditions, are subject to and are to be construed in accordance with the laws of New Zealand. In relation to any dispute between the parties, the company and the client agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
20. Superseding effect: The terms and conditions set out herein supersede any previous understandings, arrangements or terms and conditions that may previously have existed between the company and the client.
21. Binding effect: The contract between the company and the client, including these terms and conditions, shall be binding upon the heirs and successors of the parties hereto.
22. Data Protection: The company will use its best endeavours to protect the client’s personal information. However, the client acknowledges that the company will, in order to provide the services or products in question, need to provide some or all of the client’s personal information to third parties, including overseas tour suppliers.
23. Disclaimer of liability: The company will use its best endeavours to ensure that its obligations pursuant to the contract with the client are satisfied. However, despite those best endeavours, it is not always possible for those obligations to be satisfied. Unless otherwise excluded or modified by law, the Company hereby disclaims liability for any loss of or damage to the client, including loss of life or injury, and loss of or damage to any of the client’s property, however such loss or damage may be caused. Unless such disclaimer shall be excluded or modified by law, the client warrants that he or she will not make or pursue any claim against the company in respect of any such loss or damage, however caused.
The client acknowledges that the provisions above are reasonable and necessary for the business of the company having regard to a range of matters including but not limited to the following:
23.1 The adventurous nature of tours advertised and offered by the company
23.2 The location where tours are conducted, and where services, amenities and facilities may be of a lower standard than the standard to which a client is accustomed.
23.3 The tours or parts of them are supplied or undertaken by third party operators. Whilst the company has undertaken due diligence on the quality of the services offered by such third-party operators and has been satisfied as to the adequacy of that quality, it cannot be responsible for any acts or omissions on their parts.
23.4 Any of the optional activities listed or available throughout the tour are not necessarily endorsed or recommended by African Encounters Ltd. Clients accept that they undertake any activity at their own risk and their participation is their own decision and does not form any part of their contract with African Encounters. African Encounters does not take responsibility for cancellations, the unreliability of services or safety of operators, agents or contractors.
The client also acknowledges that there may be flight delays (due to circumstances beyond the control of the company) that may lead to interference with a tour for which the client has booked. The company will not be responsible for any flight delays or loss of flight connections whether such loss is caused by the client, the company, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst every effort will be made by the company to continue with the booked tour, the company will not be liable to compensate clients for any lost part of their itinerary and the company will not be liable to pay for any additional costs that may be incurred by the client as a result of any loss. The company strongly recommends that clients have insurance that will cover them for flight cancellations and delays.
The client acknowledges that it is the client’s responsibility to check-in on time for his or her flight at any airport. The company will not be responsible for any flights that are not taken by the client due to the client’s late arrival at any airport. It is also the client’s responsibility to contact the relevant airline companies at an appropriate time before any flight departure to confirm that all details relating to their flights are correct.
These Terms and Conditions were updated on 22 January 2021 and may be superseded by any subsequent updates.
African Encounters Ltd P O Box 5158 Greenmeadows, Napier 4145, New Zealand Phone: +64 6 976 1118 firstname.lastname@example.org www.africanencounters.co.nz