The following are the Terms and Conditions applicable to travel-related services provided by African Adventures, LLC, a Colorado Limited Liability Company (“AA,” “we,” “us,” and “our”). As used herein, the terms “you” and “your” refer to each person who purchases and/or uses travel-related services through us.
By booking your travel arrangements with us or using our website, you are agreeing to be bound by the terms and conditions herein, as well as any additional terms and conditions of any Supplier (as defined below) that are applicable to your booking, travel arrangements, or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account or charge your credit card for any costs we incur as a result of such violation.
You further represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
Products and Suppliers
We sell a variety of travel related products and services from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions.
AA is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, excursions, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by AA to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. By accepting these Terms and Conditions you hereby consent to any post-purchase price increases and authorize AA to charge your credit card for such additional amounts.
Deposits and Payment
Any deposits from you are non-refundable. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers.
We reserve the right to refuse personal checks as a method of payment. After full payment, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. As your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
Cancellations and Changes
Your contract with your Suppliers may allow them to cancel or amend bookings. As your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guaranty that any refunds will apply.
If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the United States, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.
After you have left the US, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
Where a change requested by you to your travel arrangements is permitted and possible, our standard service fees will apply in addition to any additional Supplier charges. Please contact us to enquire about changes or how to request changes. Please note that all reservation changes are subject to availability and the terms and conditions of the product or service purchased.
Changes to name details are not allowed by many airlines and other Suppliers. While we will endeavor make such a change if necessary, please bear in mind that most airlines and Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply.
Flights must be taken in the sequence they appear on your ticket or electronic ticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a “no-show,” which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
If you cancel your arrangements, you may be entitled to a partial refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as may be outlined on your receipt or booking confirmation. We need to receive from you your original voucher before any applicable refund can be considered. If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable. Refunds will only be paid to you once we have received the funds back from the Supplier(s). Generally flight tickets cannot be refunded if they are partially used. We are not responsible for a Supplier’s failure to pay a refund.
If the reason for your cancellation is covered under the terms of your travel insurance policy, if any, you may be able to reclaim your cancellation charges through your insurer.
If you have a problem during your travel, please inform the relevant Supplier (e.g. your hotel, travel guide, airline) immediately. Should they be unable to resolve the matter, please immediately contact us by telephone or email. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights hereunder.
Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
You further agree that in connection with your travel, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfill the passport, visa, and other immigration requirements applicable to your itinerary and destinations. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
While it is optional, travel insurance is a vital part of your travel arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey to cover medical expenses, loss of baggage or personal property, cancellations, and changes. We may be able to assist you with finding travel insurance upon your request.
Travel and Safety Advice
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings, and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk. U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit.
Health and Vaccinations
We strongly recommend that you take all appropriate medical advice prior to departure as to whether or not you are fit enough for the intended travel and activities. Persons not fit for travel or certain activities due to age, disease, chronic illness, physical handicap, advance pregnancy, or mental illness should not participate in any rigorous tours, excursions, or other activities. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary. Please consult your physician for advice on the appropriate measures available prior to departure. We are unable to provide advice or suggestions any preventative medical measures or whether they would be advisable based on your medical history.
We are committed to protecting your safety, security, and well-being during your travels. However, travel, safaris, hiking, mountaineering, and other sightseeing endeavors are inherently dangerous activities. We strongly recommend that you exercise extreme caution when traveling or participating in any excursions or activities. Parts of your travel may involve high altitudes, hiking, being exposed to inclement weather, and/or driving over rough and dusty terrain. Any known or suspected physical disability that may require special attention or treatment must be disclosed to us in writing at the time your reservation is made. Travel or participation in travel-related activities may be refused to any person whose state of health or physical conditions render them, in the opinion of us or the Suppliers, unfit.
Hazardous Materials Disclosure
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information review the information found at TSA’s prohibited items webpage.
Use of Our Services and Website
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
You agree to indemnify and hold harmless us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal fees) brought by you or third parties as a result of (a) your breach of any of these Terms and Conditions, (b) your violation of any law or rights of any third party, or (c) your use of our website.
You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us for all purposes incident or related to, or arising out of, your travel and us acting as your Booking Agent. All information provided to us for your travel will be kept in a confidential manner and will not be disclosed or sold to third parties for any purpose beyond what is needed to secure your travel arrangements. Credit card information will be destroyed or deleted from files, but we may retain mailing and past travel information. You may receive mailings, including emails, from us periodically unless you explicitly ask to be removed from said mailings. Any photos that you send us, or that are taken by us or our Suppliers with your permission, are deemed to be our property and available for use in promotions and marketing materials without any compensation to you for their use.
Assumption of Risk
You acknowledge that your participation in safaris, hiking, camping, mountaineering, and/or other outdoor adventure-based activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to yourself, your property, or to third parties. You understand and acknowledge that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include, among other things: slips and falls; falling objects; the hazards of walking on uneven terrain; exhaustion; exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; being struck by rock fall or other objects dislodged or thrown from above; the forces of nature; pinches, scrapes, twists, and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life-threatening hazards; collision with fixed or movable objects; the risk of altitude and cold, including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; travel in remote areas with poor or no access to emergency and/or medical services; consumption of food or drink; and improper lifting or carrying; your own physical condition, and the physical exertion associated with any activities.
Warranties, Disclaimers and Limitation of Liability
THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ANY AND ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
WE DISCLAIM ANY AND ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS, OR ANY EMAIL OR OTHER FORM OF ELECTRONIC COMMUNICATION SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF US. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE OR OUR ACTING AS A BOOKING AGENT FOR YOU, OR (B) ONE-HUNDRED US DOLLARS ($100.00).
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If a dispute arises out of or related to these Terms and Conditions, and if the dispute cannot be settled through negotiation, you and AA agree to first try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by the International Forum for Travel and Tourism (“IFTTA”) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, you and AA agree to settle the dispute by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of you and AA, may be entered in any court having jurisdiction thereof. If litigation is necessary, the prevailing party shall be entitled to receive costs and attorney’s fees.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of these Terms and Conditions, your use of us as a Booking Agent, or your use of our website.
We reserve the right at any time to modify these Terms and Conditions without prior notice to you. Please refer to our website or contact us from time to time to review the most current version of the Terms and Conditions. Your continued access or use of our website or services signifies your acceptance of any such future modifications. You may not assign your rights or obligations hereunder to any third party.
The section headings in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of the content herein.
No waiver of any term, provision, or condition contained in these Terms and Conditions by either you or us, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision, or condition.
We may assign its rights and/or delegate all or a portion of its duties under these Terms and conditions to any third party at any time.
We shall not be liable for any loss or damage due to causes beyond our control, including, but not limited to, fire, dangers incident to the weather, pests, power surges, fire, machinery, strikes, riot, theft, animal attacks, sickness, disease, acts of God, the elements, war (declared or not), civil disturbance, acts of civil or military authorities or the public enemy, transportation facilities, fuel or energy shortages or failures, acts or omissions of communications carriers, quarantines, medical or customs requirements, or other causes beyond our control.
These Terms and Conditions shall be governed by the laws of the State of Colorado without regard to its conflicts of laws principles. If any of the terms, conditions, or provisions contained herein are found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.