TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF CONTRACT OF TANZANIA TRAVEL COMPANY LIMITED.
- Interpretations, in these standard terms and conditions of the contract:
a)The headings to the clauses are for reference purposes only and shall not facilitate the interpretation of the clauses to which they relate;
b) Unless the context indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and the opposite;
c) “booking reservation” means safari, Mountain climb, walking or tour or trip, or excursion booking
d) “TTC” means Tanzania Travel Company Ltd, registered in Tanzania by the Government under Tour Operator Company and recognized by the Ministry of Natural Resources & Tourism, Tanzania Tourist Board (TTB), and an active member of Tanzania’s local tour operators (TLTO), work in collaboration with Tanzania Association of Tour Operators (TATO), Tanzania Forestry Services (TFS) and Tanzania Wildlife Authority (TAWA).
e) “the client” means the person / s named on the safari booking or we travel form (whether a provisional or confirmed safari or We Travel booking platform form) and who contracts with TTC on the terms and conditions hereunder. The client shall also include any agent or individuals, (independent travelers or groups who make any booking of third-party clients regarding a safari booking or We Travel booking platform. Such agent, as well as the persons named on the provisional and the confirmed safari booking form, shall be jointly and severally liable to TTC for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made under that;
f) “member / s” means any TTC Senior Office Management Staff
g) “services” means the provision of mountain climbs, walking, hotel/lodge bookings, transfers, car hire, and offers on tours and excursions for clients in Tanzania, Kenya, Uganda, Rwanda, Zimbabwe, South Africa, and other destinations. Such services include, but shall not be limited to the procurement by TTC, acting solely as agent for the client, with third-party service providers, of hotel, lodge, backpackers and bed and breakfast accommodation, camping operations, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air, ocean or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions, and adventure activities reservations, and shall include any other services incidental to the foregoing.
2. APPLICATION OF STANDARD TERMS AND CONDITIONS OF CONTRACT.
All and any business or contract or advice, information, or services rendered
By TTC, in connection with the services, whether gratuitous or not, is undertaken and provably with these standard terms and conditions of the contract.
- TTC ACTING AS AGENT ONLY
In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, TTC acts as agent only for and on behalf of the client in procuring the services. As such, procure the services for and on behalf of the client as agent for it with relevant third-party service providers concerned. TTC shall, under no circumstances, be liable for the acts and omissions of the relevant third-party suppliers concerned.
- QUOTATIONS, PAYMENT, AND CURRENCY FLUCTUATIONS
4.1 All quotations given by TTC in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of TTC, shall be in the currency of the United States Dollar or Tanzania Shillings (if required). Such quotations or invoices shall be exclusive of Tanzania’s value-added tax (where applicable). The agreement and consent of any quotation by a client shall be in writing. TTC reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third-party suppliers, such as airlines, ferry operators, water vessels, providers of accommodation and entry fees and other third party suppliers, in respect of the services.
4.2 Any quote revision will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of TTC for determination, who, in such resolution, shall act as an expert and not as an arbitrator, and whose decision shall be final, conclusive and binding on TTC and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to TTC shall be free of exchange, deduction, or set-off of whatsoever nature. The client shall make payments to TTC by way of cash, direct transfer, and forex transfer or by credit card. A 10% surcharges apply for Traveler’s Cheque & Credit Card Payments. The client shall provide TTC forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice, or credit card authorization form. The relevant reference for the safari booking shall always be reflected on the proof of payment.
4.4 All payments due by a client to TTC shall be made no later than 3 working days after confirmation of a safari booking by a client.
4.5 Although TTC strives to ensure that all rates displayed on sites are correct and accurate, TTC reserves the right to request additional payments from clients, should properties that have seasonal/ special event rates, charge such rates. Certain properties/ property groups make rate changes at their discretion at short notice. Any additional costs for such changes shall be payable to TTC, on demand.
5.a ITEMS NOT INCLUDED IN BOOKING
Certain service items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the foregoing, the costs of insurance as referred to in clause 10 below, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, flights, emergency evacuation, protective gears, equipment, gratuities (tips) beverages and items of a personal nature, optional meals and any optional excursion not reflected on the safari booking reservation system.
Furthermore, all costs with regard to complying with any special requirements, as outlined in paragraph 6.2 below, shall be paid by the client(s).
- b ITEMS INCLUDED IN BOOKING
All the transport, game drive, and transfers within Tanzania or Kenya, Rwanda, Burundi, Uganda, Zimbabwe, South Africa, and any other destination in accordance with the detailed itinerary communicated prior between client and TTC, accommodations in a lodge and/or hotel, park fees, crater services, armed ranger salary in case of walking safari within the park, TTC driver safari guide, cook in case of a camping safari, Mountain climb, walking safari, packed lunch boxes, mineral water in case of picnic lunches, camping fees in case of camping safaris.
- BOOKING PROCEDURE
6.1 In order to secure a provisional reservation for the services booked by a client, the client shall confirm in writing through e-mail or mail to TTC, the client will be served with an invoice and the client shall be required to pay TTC a non-refundable deposit of 30% (thirty percent) of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall automatically be canceled. The client must provide the correct names of the client/s and for tours and/or safaris, required are the client’s full name, nationality, full address, and arrivals details at the destination.
Upon the receipt by TTC of the final balance of the monies due from the client 45 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, TTC may decide, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 10%, ten percent of the booking, which shall be payable by the client in accordance with these standard terms and conditions.
6.2 The client shall advise TTC in writing on the booking reservation form of any special requests, needs, or facilities required by him due to medical needs, requirements relating to any disabilities, special dietary requirements, and refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be paid by the client and payable on request.
6.3 The client shall be provided with a similar option in case a tour, hotel, campsite, or lodge is fully booked.
- REFUNDS AND CANCELLATIONS.
7.1 in case of any cancellations of confirmed bookings the outlined procedures in this clause will be applicable. All requests for cancellations shall be made by the client in writing to TTC and shall only be effective on the date of actual receipt by TTC and acknowledged. The following cancellation fees shall be applicable and calculated by reference to the total booking cost (“TBC”) of the services booked by the client.
TTC is entitled to act as an agent or principal with regard to the provision of the services.
56 days Plus, notice is given 75 percent of the TBC shall be refunded
55 – 46 days’ notice is given 50 percent of the TBC shall be refunded
45 – 41 days’ notice is given 25 percent of the TBC shall be refunded
40 – 36 days or less notice given no refund of the TBC shall be made
7.2 (i) No refunds shall be made to clients who make bookings less than 35 days prior to the start of the tour (for this purpose, “The start of the tour” shall mean the date on which a client is booked to start safari or to start the program for which the services are booked whichever is the greater), nor shall refund to clients who arrive early, late or who do not show up for a booking. In the event of a client during the course of a booking decide not to continue for whatever reason, no refund shall be made unless with the prior written approval of a member of TTC.
Clients are recommended to obtain their own comprehensive travel insurance to cover such contingencies.
7.2 (ii) TTC reserves the right to alter or cancel any confirmed booking reservation at any time without prior notice of which the refund will be 100%
7.3 Cancellations made, shall be subject to the following administrative charges and deductions:
Refunds to credit cards: the relevant cancellation fee, are 5 percent credit card surcharge, and a 50US$ administrative charge.
Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by TTC’s bankers, less a 50US$ administrative charge.
Forex transfers: the relevant cancellation fee, less actual bank charges debited by TTC’s bankers, less a 50US$ administrative charge.
Cash payments: the relevant administration charges, less actual bank charges debited by TTC’s bankers, less a 50US$ administrative charge.
- RIGHT OF RETENTION
Until such time as TTC has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals, mountain climb, walking and entry fees (all of which hereinafter referred to as “the documents”) will not be issued or handed over to the client. The provisions of this clause shall entitle TTC so as to give it a right of retention or lien in respect of the documents.
- ALTERATIONS TO ITINERARIES
9.1 TTC has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in itinerary, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure, the definition of which including war, civil strife, strike, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond TTC’s control.
9.2 Any additional costs and expenses occasioned as a result of an alteration to or
Cancellation of itineraries as provided for in clause 9.1 above shall be payable by the client on demand by TTC.
9.3 TTC may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behavior of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause 9.3 shall be payable by the client on demand.
10.1 The client shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance coverage in order to cover himself, his dependents, and/or traveling companions for the duration of the booking for which he has reserved. This insurance cover includes expenses for cancellation or curtailment of a safari booking, emergency evacuation, medical expenses, personal injury, repatriation expenses, and loss of personal baggage, money, and goods. Any losses or damages incurred by a client, their dependents, or traveling companions in relation to the above events are covered. Clients will be charged directly for any emergency evacuation, repatriation, and medical expenses by the relevant service providers. They shall be obliged to settle such charges payable to the concerned service providers.
- VACCINATIONS & HEALTH
11.1 It is the client’s responsibility to be aware of deceases like yellow fever, malaria, and other diseases when traveling to Africa. The client must take all required vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client must visit a medical practitioner or travel clinic to obtain necessary vaccinations before using the booked services. TTC does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
11.2 Clients must be in good health and medically fit to embark on the trip. In case the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their safari. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit for a tour or trip. TTC and its representatives will treat all information in the strictest confidence.
Health Warnings: Malaria and Yellow Fever, Health Issues: ‘Own Medication Responsibilities, Insurance, Emergency Medical Evacuation Insurance, are all extensively detailed on this Tanzania Travel Company’s website.
- PASSPORTS, VISAS, AND MEDICAL REQUIREMENTS
The client must ensure that their passport and visas, as well as those of their dependents and travel companions, are valid for the countries they plan to visit before embarking on their journey. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveler’s Cheque where applicable.
TTC does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, TTC will not be responsible for any expenses incurred as a result of the above.
- DISCLAIMER OF LIABILITY
- 1 TTC shall not be liable to the client for any claim of whatsoever:- nature in connection with the provision of the services ( whether in contract or delict) and whether for damages for personal injury or to property, howsoever arising, including, but without limiting the generality of the aforesaid:-
- any negligent act or omission or statement by TTC, its servants, or agents;
- any grossly negligent act or omission or statement by TTC, its servants, or agents;
- Such claim arises from the willful misconduct of TTC, its servants, or agents;
- TTC receives written notice from the client no later than 3 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against TTC.
13.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of the contract, TTC shall under no circumstances whatever, be liable for any indirect or consequential loss/es, howsoever caused or suffered by the client.
- CONSENT TO RISKS ASSUMED
The client must agree to the risks inherent in wildlife adventure safaris and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife, and other excursions in connection with the services with full understanding and appreciation thereof and at his own risk.
- AIR TRAVEL
15.1 Air transportation costs and categories will be the client’s responsibility as TTC does not handle her clients from the ground unless otherwise stated. Please note that fares may increase between the time of booking, time of payment, and the ticket being issued. TTC is not responsible for the client’s air travel.
15.2 TTC cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to TTC on demand.
15.3 Many airlines and airports have extended check-in times due to recent international events. TTC is not responsible for delays resulting in missed flights or transfers. It is the client’s responsibility to allow enough time for connecting flights and transfers during the booking process.
20.1 Subject to the provisions of clause 20.3 below, any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant legal proceedings shall be held exclusively in the Arusha branch of the High Court of Tanzania, where Classic office is based. This website is controlled in the United Republic of Tanzania and governed by its laws and courts.
20.2 The client hereby consents and submits to the jurisdiction of the court mentioned in clause 20.1, as necessary.
20.3 TTC may take legal action against a client in any Magistrate’s Court under Tanzanian law, regardless of the claimed amount exceeding the court’s monetary jurisdiction.
- VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF THE CONTRACT
No variation or alteration of these standard terms and conditions of the contract shall be binding on TTC unless embodied in a written document signed by a member of TTC. Any attempt to modify these standard terms and conditions of the contract, whether through written or oral means or both, other than as specified above, shall be invalid and ineffective.
No extension of time or relaxation of any of the provisions of these standard terms and conditions of the contract shall operate as an estoppel against TTC in respect of its rights herein, nor shall it operate so as to preclude TTC thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
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