The holidays featured on our website are operated by Tailormade Africa Ltd (hereinafter called "TMA", "we" or "us"), which is registered in England under company number 09843653.
Your booking to Africa is with Tailormade Africa Ltd (sometimes referred to as TMA).
1. OUR DETAILS
We are based at The Long Barn, Cobham Park Rd, Downside KT11 3NE, United Kingdom and registered at Companies House under number 9843653.
2. YOUR BOOKING WITH TMA
The following conditions will form part of your contract with TMA so please read them carefully before you book. Your booking is made on the terms of these booking conditions, and in agreeing to them you guarantee that you have the authority to accept and do accept on behalf of your party (named on the booking form) the terms of these booking conditions.
Any contract with TMA is subject to these terms and conditions from which no person, other than a director of TMA, has the authority to depart. Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking you are liable to be regarded as having had the opportunity to do so and to have actually done so before the contract between us comes into existence.
Please note that payment of your deposit signifies acceptance of the below terms and conditions.
3. PAYING FOR YOUR TRIP TO AFRICA
TMA do not offer package holidays but will create a tailor-made holiday to suit your personal needs. A binding contract comes into existence between us when:
(a) We receive a deposit of 25% of the quote price, or
(b) We receive full payment when the booking is made less than 12 weeks before your departure date.
Sometimes your booking may require other upfront payments on top of the usual 25% deposit – for example for international flights, gorilla permits or for some bookings over peak holiday periods. If an additional deposit is required you will be informed prior to booking your trip with us. No contract will exist between the parties until such monies have been received.
Then the remaining balance of the booking cost must be paid at least 12 weeks before your departure date. If the deposit and/or balance is not paid in time, we have the right to cancel your travel arrangements and will retain your deposit. If your payment is late, we will send you a reminder and if it is not still not paid we will be forced to cancel your trip.
Any quote offered to you is valid for 7 days from that date after which we may have to vary the price due to changes in costings.
Our suppliers in Africa have rates in various currencies - GBP, Euro, Rand and US dollars are the most common that we deal with. We will gladly quote you a trip in GBP or USD, and any quote you receive from us will be valid for 7 days. After this we reserve the right to recalculate the cost based on updated exchange rates. Once you have decided to go ahead with your trip the currency is fixed. This means that the cost of your trip to Africa will not change because of currency, regardless of what the markets are doing – we never currency surcharge but nor can we reduce the cost of any confirmed trip to Africa (please refer to clause 7 for other reasons the cost of your trip might change). You must pay your deposit and your balance in the same currency that was agreed on when you decided to go ahead with your trip to Africa.
If you add any services to your booking at a later stage, they will be costed using the exchange rate of the day. If for any reason we need to refund a part of your trip, it will be refunded using the exchange rate the cost of your trip was originally based on.
4. IF YOU CANCEL YOUR TRIP TO AFRICA
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received by email and cancellation is effective from the date we receive this written notification. Please send it to Clyde or Rob directly, or [email protected] and ensure that the email is acknowledged by TMA. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):
|Period before departure in which you notify us:||Cancellation charge:|
|More than 84 days||Deposit only|
|70 to 84 days||35% of booking cost|
|56 and 69 days||50% of booking cost|
|29 and 55 days||75% of booking cost|
|28 days or less||100% of booking cost|
Note: Some camps have very high cancellation charges over peak booking periods such as Christmas. This may affect the above cancellation charges, making them higher than normal. If higher than normal cancellation charges affect your booking, we will inform you in writing at quote stage and before you pay your deposit. Once your deposit is paid and we have issued you with a Confirmation Invoice, you are liable for these increased cancellation charges.
If at deposit stage, you paid upfront for gorilla permits or international flights, these are non-refundable, and so cost of these will be retained by us on top of the cancellation charges indicated above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges and we can issue you with a cancellation.
5. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £75, and any further costs we incur in making this alteration. You should be aware that the closer to your departure date changes are made, the higher these costs are likely to be, so you should contact us to make them as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In particular, any changes requested within 12 weeks of departure will be subject to the cancellation charges above.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
6. IF WE CANCEL OR CHANGE YOUR BOOKING
It is unlikely that we will have to make any changes to your holiday although we reserve the right to make changes at any time. Most of these changes are minor and we will advise you of these in writing at the earliest possible date. When a major change is necessary such as the alteration of your outward or return flights by more than 12 hours or a significant change in the standard of accommodation, provided it does not arise from conditions amounting to force majeure or as a result of an amendment to a scheduled airline timetable, you will have the choice of accepting the new arrangements, taking another holiday with us or cancelling your holiday and receiving a full refund of all monies paid.
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel, or if the change is a minor one. A minor change is a change which, taking into account the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we would not reasonably expect to have a significant affect on your confirmed holiday. No compensation is payable for children aged 2 and under. Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which:
(a) On the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or;
(b) Did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them as our suppliers. Additionally we cannot accept liability for any sums which relate to any business losses.
We reserve the right in any circumstances to cancel your holiday for any reason at any time before full payment has been received. Whilst we always endeavour to avoid changes and flight cancellations, we must reserve the right to do so. In these circumstances we will return to you all monies paid or offer an alternative holiday of a comparable standard. In this event we will pay compensation of £75 per person. We may cancel your confirmed holiday if you fail to comply with any requirement of these booking conditions entitling us to cancel.
We cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking conditions force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid. Such events are likely to include, but are not limited to, war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancellation or amendment to any scheduled flight, closure or congestion of airports or ports, adverse weather conditions and all similar events outside our control. In circumstances amounting to force majeure we will not refund any money to you although if we can recover any monies from our suppliers we will refund these to you.
7. CHANGES TO THE PRICEWe can change the price of your trip to Africa after you’ve booked, only in certain circumstances:
- Estimated price rises: Where we are making a booking for a period of time that we do not yet have prices from the supplier, we usually include an estimated price rise. Such price rises will be reconciled usually by the time that final payment becomes due and the group leader is obliged to cover such increases to a maximum of twice the estimated increase.
- Regulatory fees and taxes: In Africa we are exposed to sudden changes in items such as the level of taxes or fees imposed by third parties including park fees, tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your travel arrangements may change after you have booked. The group leader is responsible for paying any additional charges of this nature.
- Fuel surcharges: Similarly we are occasionally exposed to sudden changes in fuel costs, which we need to pass on to our clients if our suppliers demand them of us. The group leader is responsible for paying any additional charges of this nature.
- Major errors: In the event of a major error having occurred in our quotation whereby we have significantly undercharged for a trip, we reserve the right to withdraw our offer.
- Exchange rate fluctuations: Very rarely our suppliers feel the pinch from a large movement in the international exchange rates and need to add an exchange rate surcharge to their invoices to us. The group leader is responsible for paying any additional charges of this nature.
If any price changes result in an increase equivalent to more than 8% of the total price of your travel arrangements, you will have the option of accepting or changing to another trip if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within one week of being told of the change.
Should the price of your trip go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
8. OUR LIABILITY TO YOU
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package.
TMA accepts responsibility for ensuring your holiday is supplied as described prior to your departure and services provided will reach a reasonable local standard, however we draw your attention to paragraph 15. Please note we cannot accept responsibility for any services which do not form part of our contract. This includes for example any additional services or facilities, which your hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them.
The information contained in our brochure and website is correct to the best of our knowledge at the time. Our brochure descriptions and other information provided or made available in a resort, often refers to “other activities and excursions”, which are available in the resort. These activities and excursions are not run nor controlled in any way by TMA. They do not form any part of your contract with TMA, even where we suggest or recommend particular operators/centres/trips and assist you in booking such activities or excursions in any way. Accordingly we regret TMA cannot accept any liability in relation to these outside activities and excursions. Where we make or take any bookings for or from you in respect of any activity or excursion available, we do solely as booking agents. This is the case regardless of whether the activity is advertised or mentioned in our brochure, resort, on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. TMA has no liability for any such activity or excursion or for any acts or omissions of the supplier or operator or for of it/their employees or agents or any other persons connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion for example in our capacity as booking agent, that liability is limited to the cost of the particular activity or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence.
We would remind clients that the infrastructure in developing countries may not be up to the same standard as the UK or the USA. Some resorts may experience the occasional power cut or water shortage. Please note that we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
a) The fault of the persons affected or any members of their party, or
b) The fault of a third party not connected with the provision of your holiday, which we could not have predicted or avoided, or
c) An event or circumstances which we or the supplier of the services in question could not have predicted or avoided, even after taking all reasonable care (see force majeure), or
d) The fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition we will not be responsible where you do not enjoy your holiday or suffer problems because of a reason you did not tell us about when you booked your holiday, or where any problems you suffered did not arise from any breach of our contract, or other fault of ourselves or where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. We accept responsibility for the negligent acts of our employees, agents and direct suppliers, which results in death, injury or illness. Our liability shall be limited to 200% of the holiday price for any claim other than those involving injury or death arising from our negligence. Our suppliers, such as accommodation or transport suppliers, have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport providers or other suppliers liability to you.
You can get copies of such conditions from any offices of the relevant suppliers. If you or any member of your party is killed, injured or becomes ill as a result of transport by aircraft, ship, train or coach, the amount of compensation we will pay is limited in line with the Warsaw Convention, the Athens Convention, the Berne Convention, and the Geneva Convention. You should also note that these conditions may limit or remove the carrier’s liability to you and the amount the carrier has to pay you. You should also note the carrier will rely upon its conditions of carriage, which may limit or remove the carrier’s liability to you and limit compensation under international conventions.
Our liability, except in cases involving death, injury or illness arising from our negligence, shall be limited to a maximum of 200% the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
You can ask for copies of the travel service contractual terms, or the international conventions, from our offices. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of the cost of your trip from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary suitable accommodation, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your trip to Africa.
NB this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on your trip in Africa.
TMA accepts liability as above only if a claim is notified to us in writing no later than one month after your return.
9. PROTECTING YOUR MONEY
We provide full financial protection for our package holidays for all UK based travellers, by way of our Air Travel Organiser’s Licence number 11129, issued by the Civil Aviation Authority, 45-59 Kingsway London WC2B 6TE UK, telephone 0333 103 6350, email [email protected]. If you are based in the UK, when you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you have a complaint about any of the services included in your trip to Africa, you must inform the supplier or our representative in Africa. This may be a camp or hotel manager where you are staying, or via the contact telephone numbers we will provide in advance of your departure.
If it is not resolved locally, please follow this up within 28 days of your return home by writing to Clyde or Rob directly, or to [email protected]. Give your booking reference and all other relevant information, keeping your email as concise and to the point as possible. If you fail to report your complaint whilst on your trip, we will not have the opportunity to investigate and rectify it whilst you are travelling, affecting our ability to improve the situation for you and the possibility of claiming back any form of compensation.
If you have been referred to us by another party (for example a travel agent) you agree to hold them blameless and waive any and all claims against such party. Any issues you may have must be directed to us and dealt with under the terms of our contract.
11. ADDITIONAL ASSISTANCE
If you’re in difficulty whilst in Africa and ask us to help we will provide necessary assistance, in particular by providing information on health services, local authorities and consular assistance, medical assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, or claim them back from your travel insurance company.
12. MEDICAL CONDITIONS, DISABILITIES AND OTHER SPECIAL REQUESTS
We welcome clients who may have special needs but it is essential you contact us before booking with specific details in order that we can advise on the suitability of your plans. Regrettably not every destination may be suitable and we must reserve the right to refuse a booking if we feel that your needs cannot be met. If you fail to advise us in advance, we must reserve the right to cancel the booking as soon as we become aware of the situation.
Should you have special requests such as food intolerances or meal requests for other reasons, we are happy to pass these to the relevant suppliers but these are requests and not guarantees.
Excursions or other tours that you may choose to book or pay for whilst you are in Africa are not part of your trip provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Please carefully read your confirmation invoice, tickets and all other documentation we send you as soon as you receive them. Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within 14 days of our sending it out. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.
15. YOUR RESPONSIBILITIES
Firstly, you must review the current travel advice to be found at www.gov.uk/foreign-travel-advice before booking and ensure you remain up to date with this advice before travelling.
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
You must also ensure that your vaccination certificates are in order and that you have taken the advice of your doctor with regard to inoculations.
We refer in particular to our pre-departure information sheet. We will offer general advice but cannot be held responsible if you do not comply with current requirements before your departure. We do not accept liability for any advice given of a general nature prior to the holiday commencing. You are responsible for a timely check-in for all flights and for presenting yourself to take up all pre-booked components of your holiday. No credit or refund will be given to you should you fail to take up any component of your holiday or if you lose any travel documents. We also draw to your attention the fact that there are certain inherent risks involved in all of the holidays to Africa that we supply – especially concerning wildlife, but also plants, the environment and illness. These must be accepted by you at your own risk. If you wish to discuss any such risks with us we would be more than happy to provide advice over the telephone or in writing.
Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. TMA accepts no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to TMA, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. TMA accepts no liability for death, injury or illness that derives from carriage by air or sea.
It is a part of our Terms & Conditions that all clients must purchase adequate travel insurance. We reserve the right to cancel your holiday at any time should such a policy not be taken out by you.
18. LAW AND JURISDICTION
The above booking terms and conditions together with all correspondence form part of your contract with TMA. This contract and any matters arising from it shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to hear any and all proceedings between us either relating to our contract or arising out of it.