Terms and Conditions
Terms and Conditions
Contract
1.1 The contract will become effective as from the date the invoice is completed and the deposit, referred to in Clause 2.1, is received by Ace Marketing Pty Ltd, trading as Experiential Travel (hereinafter known as the Company).
1.2 The contract is subject to the laws of the State of Victoria, Australia.
1.3 Any person making a reservation as per Clause 8.4 accepts the terms and conditions of this agreement set out hereunder.
How to Book
2.1 A 30% deposit of the full amount due is required to confirm any reservation and is to be paid by the client or their agent and confirmed in writing, by fax or e-mail.
2.2 The Company must receive the balance of the contract price no later than 60 days prior to departure.
2.3 If the Company does not receive the full contract price 60 days before the departure date, the Company may cancel the reservation and retain whatever deposit or other funds it has already received from the client or their agent.
How to Pay
3. The payment options will be provided upon confirmation of a booking.
Our Cancellation Policy
4.1 Any cancellation of a confirmed booking must be done in writing (email) to the Company whereupon cancellation charges as per Clause 4.2 will apply.
4.2 If the booking is cancelled, the following fees apply relative to the amount of notice given:
>90 + days: Deposit forfeited
45-90 days: 50% of invoiced amount forfeited
44 days or less : No refund
Please note: the notice period is calculated from the date of cancellation to the start date of the tour/safari booking.
Our Changes Policy
5. If a booking is changed to an earlier date than originally reserved, the Company will endeavour to change it. If the booking is for a later date, charges as per Clause 4.2 could apply.
Price Changes
6.1 The Company reserves the right to increase the price of any tour prior to departure due to factors beyond the control of the Company, such as, without being limited to, and increase in fuel prices, new Government legislation or regulations, accommodation price increases, fluctuations in exchange rates, etc.
6.2 If the Company announces an in increase in the tour price in terms of this Clause, such addition amount must be paid to the Company before the departure of such tour or else the Company shall have the right to cancel the tour and the charges in Clause 4.2 will apply.
Changes to Itineraries
7. The Company shall at any time have the right, in its entire discretion, to alter the terms of the booking in relation to the route, timetable, itinerary and accommodation. The Company shall, however, make every effort to offer the client an alternative tour of a comparable standard.
Should the alternative be of a lesser standard, the client will be refunded the difference, but should there be an increase, the client shall have the right to either reject the alternative and obtain a refund of the relevant portion of the original contract sum, or to accept the alternative and pay the increased cost. In the event of the client rejecting the alternative tour and claiming a refund, such rejection will be treated as a cancellation and the refund will be calculated according to Clause 4.2 hereof. The client shall have no claim against the Company for any damages arising out of the alternative booking.
Responsibility and Liability
8.1 Neither the Company nor any person acting for through and on behalf of the Company shall be liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the aforegoing shall particularly not be responsible for the loss or damage arising from any errors or omissions contained in its brochure or other literature, late or non-confirmation or acceptance or bookings, loss or damage caused by delays, sickness, injury or death, whether occasioned by negligence or not.
8.2 The Company shall have the right at any time at is sole discretion, to cancel a booking or part thereof or to make an alteration in the route, accommodation price or other details. This would include any event of any tour being rendered impossible, illegal or inadvisable by weather, avalanches, strike, war, government or other interference or due to any other cause whatsoever. The extra expenses incurred as a result thereof shall be the responsibility of the client.
8.3 The Company may at its discretion and without liability or cost to itself at any time cancel, or terminate, a client's booking and in particular, without limiting the generality of the aforegoing, it shall be entitled to do so in the event of illness or the illegal or incompatible behaviour of any client undertaking the tour, who shall in such circumstances not be entitled to any refund.
8.4 Any person making a reservation with the Company (refer to Clause 1.1) warrants that he or she has the necessary authority to enter into this contract on behalf of the person or persons included in such a booking. The person making the reservation shall be liable for the total amount due to the Company.
Client's Obligations
9.1 It is the onus and responsibility of the client to obtain the necessary comprehensive insurance before departure for any possible cancellations, medical expenses, protection or personal property and money.
9.2 The onus is upon the client to ensure that passports and visas are valid for the duration of the safari. The Company cannot be held liable for any necessary visas or other travel documents not held by clients. In the event of a client not having the necessary documentation to enter any area or country the Company shall reserve the right to leave the client a the point of entry of such area or country. In such an event, the Company will not be held responsible to the client for further travel arrangements.
Health and Personal Safety
10.1 The client shall be reasonably fit to undertake the tour.
10.2 Anti-malaria precautions should be commenced prior to tour departure. A medical doctor should be consulted for advice.
10.3 Tours offered by the Company cover a wide spectrum of environments and neither the Company, its employees or agents can be held responsible for any injury or other related incidents whilst on the tour / safari.
Baggage
11.1 Clients are limited to one soft sports type bag per person with a maximum weight of 10, 15 or 20 kilograms (depending on terms of particular airline used). This includes photographic equipment and hand luggage.
11.2 Due to the rugged terrain, the Company cannot be held responsible for damage or loss of any personal items including bags, contents of bags or photographic and related equipment. Due to extremely dusty conditions, please ensure all bags are dust proof.
Airline and Car Hire Clause
12.1 The Company will act as the agent of the client when booking the client with a car hire company, an airline or air charter service. The client therefore contracts with the car hire company, airline or charter service and not with the Company.
12.2 The Company contracts the flying services to independent operators and they are responsible for the flying and also for carrying appropriate insurance cover within the convention limitations mentioned on your ticket. We are not liable for any delays or losses arising therefrom due to airline operators not running to schedule.
Accuracy of Information
13.1 The descriptions, information and opinions given by us in any form in respect of national parks, animal sightings, accommodation, activities, itineraries, gorilla permits and security are given in good faith, based on the latest information available to us. Every care has been taken to ensure the accuracy of the information provided. We cannot accept any responsibility or liability for any errors or omissions caused by matters beyond our control.
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