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For Contracts with Clients Booking Directly and Overseas
All references to the Company in these terms and conditions shall mean GAZELLE SAFARIS LTD, incorporated in Mbeya, Tanzania. All references to Clients shall mean the person, firm or Company contracting and shall also mean and include any person in any party accompanying or paid for by such person, firm or Company and personal representative and states of all such persons.
The expression Clients in these conditions shall not apply to a reason, firm or Company booking through a Tour organizing agent or other third party.
These terms and conditions shall apply to all contracts made by the Company with a Client. No subsequent agreement in a way altering these terms and conditions shall be binding on the Company unless made in writing and signed by an authorized officer of the Company.
To make a reservation please communicate via email and our sales team will work out the perfect itinerary to suit your needs. If you wish to talk things through then just email us and discuss everything. Once you have decided on an itinerary we will need a deposit or full balance depending on how far in advance you are booking.
IT IS RECOMMENDED THAT IF VISTING ANY AREA OF TANZANIA ESPECIALLY NORTHERN TANZANIA, PLEASE MAKE RESERVATION AT LEAST SIX (6) MONTHS IN ADVANCE.
There are peak seasons and availability in the camps and lodges becomes extremely tight. |
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Tour Arrangements
The Company will use their best endeavors to ensure that transport, accommodation, meals and other agreed services [herein called Services] provided are fully in compliance with Services which the Company have contracted to provide the liability of the Company for breach of contract is restricted to liability where by the negligence of themselves, or agents all or some Services are not provided in which event the Company shall compensate the Client only for the actual costs of the services which were to have been excluding all consequential damage whatsoever and where so ever suffered or incurred including but not limited to the costs of air fares to and from SOUTH AFRICA / EAST AFRICA \ CENTRAL AFRICA or any other incident indirect costs whatsoever. In case of any failure to provide any service contracted for the Company shall have the right substitute alternative services of equal value subject to such services being available.
Without prejudice to the generality of the foregoing:
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[i] |
The Company accepts no liability in the event of services not being carried out or being altered by any matter whatsoever beyond their control. Such matters include but are not limited to the closure of National Parks, Sanctuaries, Lodges and the impassibility of roads and such like matters and the Company reserves the right to make such alternations to the itineraries when in their sole judgment it is deemed necessary or desirable for comfort, convenience or safety to Clients. |
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[ii]
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The Company accepts no liability for alleged inferior or inadequate services or transportation vehicles nor for the negligence, careless or wrongful acts or omissions of hotel keepers, inn keepers, lodge keepers and such like persons and their services and agents or any other person not in employment of the Company.
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[iii]
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The Company accepts no liability arising out of delay in departures or arrivals occasion, the missing of road, rail, ship or aircraft connections.
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[iv]
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The Company accepts no liability for airline reservations and reconfirmations or any damages arising from changes of airline schedules, cancellations of flights or errors and mistakes made by airline offices or travel agents. As request all dealings with or for any Client relating to or touching upon air travel, airports, air bookings, travel agents and airlines. Company legal relationship and standing is merely that of an intermediary between such third parties and the Client with the liability to or for either parties such negation and waiver of liability being in all respects pre-condition of all contracted relationships between the Client and the Company. In consequence Clients are advised to protect their interests by insurance and careful attention to all documentation supplied to them by all such third parties.
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The Company accepts no liability or responsibility in the event that the services of equal value having been offered to Client.
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Insurance |
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[i]
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The Company is does not cover illness, death, medical expenses, damage to or loss of baggage consequential damage arising from any one of these or at all and Clients are advised to effect their own insurance prior to their travel and arrival in SOUTH AFRICA/ EAST AFRICA / CENTRAL AFRICA such insurance to cover as a minimum death, personal injury, medical expenses, damage or loss of baggage consequential damages arising in the event of any one of the foregoing.
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[ii]
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It must be clearly understood that these are adventure safaris and there are certain dangers and risks which are inevitable. Whilst every care is taken for safety and comfort for our Clients, the Company accepts no liability for all or any of the following:
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Damage or loss of property of any Client, howsoever caused.
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Sickness, infection, injury or death, any wild animal attack, of the Clients howsoever caused.
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Changes in itinerary due to road or weather changes and conditions.
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Damages, directly or indirectly, arising out of delays in departure or arrival including delays occasioned by the missing of road, rail, ship or aircraft connections.
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War, terrorism and other likely calamities which may occur while on safar.
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3.
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Other General Sales Agents
Any other duly General Sales Agents are merely Agents for the Company and all contracts entered into the organizer shall be deemed to have been directly with the Company. All contracts made other than directly with Company are subject to ratification by the Company.
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Governing Law
These terms and conditions shall be read and constructed in all respects in accordance with the LAWS OF KENYA and TANZANIA and the Company and the Client shall submit the exclusive jurisdiction of the KENYAN and TANZANIAN courts.
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5.
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Unused Services
There are no refunds portions of the program, and refunds will not be made to passengers who do not complete the tour for any reason whatsoever.
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Indemnity
The organizer shall indemnify the Company in full against all or any claims by retailer or Client for any breach of Company policy or law whatsoever and howsoever caused.
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7.
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Included / Excluded
The tour price includes full board accommodation, services of English speaking guides/drivers, vehicle entry fees, park fees, crater tours, governmental taxes.
It does not include air fares, drinks, tips, laundry, departure tax or any other extras. |
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Alterations to Tours
The sequence of the itinerary and the accommodation of safaris are adhered to as far as possible. We also reserve the right to decline or retain a passenger of a member of any tour at any time.
We regret that no refunds are possible for any unused services provided in the cost of your holiday. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and Gazelle Safaris Limited is not responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. |
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Liability
The Company acts only as an agent of the passenger in all matters relating to tours and it accepts no responsibility for any personal illness, injury, death, accident, delay, loss, damage or irregularity of any kind, which may be occasioned by any act or omission beyond its control, including without limitation, any act of negligence or breach of contract of any third party such as hotel or airline, who is to, or does supply, any goods or services for the trip.
Gazelle Safaris Limited will not be responsible for any losses or expenses due to delay or changes in schedule, over-bookings of accommodation, fault of third parties, sickness, weather, strikes, acts of God or for any other cause beyond its control. All such losses or expenses have to be borne and paid for by the Client. The Company’s liability to the Clients carried in its own vehicle is governed by the Tanzanian Law and claims are subject t the jurisdiction of the TANZANIAN courts. Whilst every care is taken, the Company will not be held responsible for loss or damage to baggage, personal effects, valuables or currency.
The Company reserves the right to employ sub-contractors for all or part of the services.
The Company and its agents act only as agents in all matters relating to tours. The Company’s liability carried in its own vehicles is governed by respective laws of the country and all claims.
Gazelle Safaris Ltd reserves the following rights:
- To alter route in the itinerary should conditions necessitate for good of the Client.
- To replace a faulty vehicle and compensate hours lost, by extra safari hours or days.
- Vehicles – Four Wheel Drive [4WD], Land Rovers, and Land Cruisers.
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Maximum passengers per car – 5
- Payments: Cash, USD (United States Dollars), Bank Transfer, SWIFT .
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10.
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Reservations and Cancellations
A 50% deposit is required at the time of booking with the balance to be paid a 60 days before your tour. For last minute booking conditions change. |
11.
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Payment Terms
Your invoice will be sent on receipt of confirmation. A non – refundable deposit of 50% will be required of invoice total when reservations and booking is confirmed. Payment balance and payments in full must be given 60 days prior to your trip. Your invoice will be sent to you on receipt of confirmation of payment, you will be sent relevant vouchers, information of your travel where ever needed. [Some camps and lodges do not need vouchers].
If payments are not received 60 days prior to arrival then reservations can no longer be guaranteed, if the booking made within this period, the payment must be made in full.
For last minute bookings, payment is required in full, however lodge and camps cannot be guaranteed as the season may not allow.
Please note that while all quotations are given in faith at the time of enquiry all prices are subject to change at any given time due to changes in rates and fuel. |
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Cancellation Policy
Cancellations are sometimes unavoidable but please note that all hotels and lodges have cancellations policies to protect themselves against loss of business.
Our Cancellation Policy is as follows with a % figure constituting the percentage of total invoice value the Company will hold.
Less than 30 days 100%
30 days to 60 days 50%
Where a Client is transferring funds all charges will be borne by him/her.
Where a Client has paid a deposit for the element which does not cover cancellation fee, then the Company reserves the right to balance from the Client’s credit card and charge the Client. |
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Transfers
The Company is not liable for any knock on effect arising from failure of any one element of a sale, such as the non – departure of a boat, ship or plane. Any cancellations arising thereof will be completely the responsibility of the Client. It remains the Client’s sole responsibility to arrive and depart and travel between elements of a trip.
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14.
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Complaints Procedure
Any complain must be received in writing within 7 days of returning home otherwise no corrective action can be implemented. Compensation of payments do no apply to changes caused by acts of God, terrorism, wars, riots, strikes, industrial disputes, fire, closure of airports or ports, weather conditions and similar events beyond our control. In case of such events Gazelle Safaris Ltd will have no liability other than to offer a refund of monies excluding the deposit if the trip has not taken place
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