KENYA, TANZANIA, RWANDA, UGANDA, ZANZIBAR, SOUTH AFRICA & ETHIOPIA)
FOR CONTRACTS WITH (OVERSEAS) TOUR ORGANISERS
All references to the “Company” in these terms and conditions shall mean Inclusive Holidays Ltd, a limited liability company providing destination management services in Eastern (Kenya, Tanzania, Rwanda, Uganda, Ethiopia & Zanzibar) & South Africa. All references to “the Organiser” shall mean the person, firm or company contracting with the Company for Services (hereinafter defined) to be provided to Clients (hereinafter defined).
All references to “Client” shall mean the person, firm or company to be provided with Services by the Company and which are contracted for with the Company by the Organiser and shall include any person in any party accompanied or paid for by such person, firm or company and the personal representative of all such persons.
There is no contract between the Company and the Client.
These terms and conditions shall apply to all contracts made by the Company with an Organiser and constitute entire and exclusive agreement between the Company and the Organiser. No subsequent agreement in any way altering these terms and conditions shall be binding on the Company unless made in writing and signed by an authorised officer of the Company.
1) Organizer‘ s contracts:
In all the contracts agreements or arrangements with the Clients which involve or may involve the Services of the Company in any capacity, the Organiser shall state clearly and unambiguously that:
The Organiser is the principal and sole contractor with the clients or where the context so admits retail
agents and other corporate bodies and persons [hereinafter jointly and severally called “the Retailer”] and the Company is at all times the agent of the Organiser and acting solely on behalf of the Organiser.
The Company shall be exempted from and in cases indemnified by the Organiser against all or any
iabilities for acts, defaults or omissions of any third party.
The Organiser shall indemnify the Company in full against all or any claims by any Retailer or Client for any breach of contract whatsoever and howsoever caused.
3) Tour arrangements
The Company will use their best endeavours to ensure that the transport, accommodation, meals and other agreed services [herein called “Services”] provided are fully in compliance with the information given to the Organiser but the liability of the Company to the Organiser to the breach of contract is restricted to liability where by the negligence of themselves, their servants or agents all or some Services are not provided in which event such liability shall be limited to the Company indemnifying the Organiser against claims by the Client only for the actual costs of the Service which was to have been provided, excluding all consequential damages whatsoever and wheresoever suffered or incurred including but not limited to the costs of air fares to and from the respective destination or any other such incidental or indirect costs whatsoever. In case of any such failure to provide any Service contracted for, the Company shall have the right to substitute alternative services of equal value subject always to such services being available; without prejudice to the foregoing:-
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, Hotels/Lodges and such like matters and the Company reserves the right to make such alterations to the itinerary when in its sole judgment it is deemed necessary or desirable for the comfort, convenience or safety to Clients.
The Company accepts no liability for alleged inferior or inadequate Services or transportation vehicles nor for the negligent, careless or wrongful acts or omissions of hotel keepers, inn keepers, lodge keepers and such like persons and their servants and agents or any other person not in the employment of the Company.
The Company accepts no liability for damages directly or indirectly arising out of delay in departures or arrivals occasioning the missing of roads, rail, ship or aircraft connections.
The Company accepts no responsibility for airline reservations and reconfirmations nor any liability for damages arising from any changes of airline schedules, cancellation of flights or errors and mistakes made by airline offices or travel agents. As regards all dealings with or for any Client relating to or touching upon air travel, airports, air bookings, travel agents and airlines, the Company legal relationship and standing is merely that of an intermediary between such third parties and the Organiser, Retailer, and Client without any liability to or for any of these parties such negation and waiver of liability being in all respects a pre-condition of all contracted relationships between the Company and the Organiser. The organizer must advise all the clients to protect their interest by insurance and careful attention to all documentation supplied to them by all such third parties.
The Company accepts no responsibility or liability in the event that Services of equal value having been offered to Clients are declined.
The Company may in their discretion employ sub-contractors to carry out all or any part of the Services in which event the indemnity provided in condition 2 above and the exemption provided by this condition and condition 9 and 10 below shall be deemed to apply also to the sub-contractor.
4) Price Variation
The Company reserves the right to increase all or any of the prices without prior reference to the Organiser in any of the following events:
Official devaluation or revaluation of the local destination currency against the United States Dollar, the EURO, the Sterling Pound or the currency of the country in which the booking is made (if different);
Any statutory increase in taxes or other dues imposed by the local Governments or any officer or agent thereof;
Any local increase in the price of aviation fuel or motor vehicle fuel or any other increase in the cost of transport which forms part of the Services;
Any increase in the cost of accommodation or meals forming part of the Services;
Any increase in entrance fees to national parks, national reserves and sanctuaries and any other entrance fees forming part of the Service;
Any other increase in the Company operating costs or cost of providing the Services which are beyond the Company control and which the Company has every reasonable effort to prevent.
5. Deposit and payment
A deposit of 20% is required on booking and the balance to be paid not later than 35 days before the Services commence.
Reservations that are cancelled or reduced in length of stay, or numbers are subject to cancellation charges as set out hereunder:
Cancellations received between 60 and 35 days prior to commencement of services shall be charged at 15% of the total cost of services.
Cancellations received between 34 and 14 days prior to commencement of services shall be charged at 25% of the total cost of services.
Cancellations received between 13 and 7 days prior to commencement of services shall be charged at 50% of the total cost of services.
Cancellations received within 6 days or after commencement of services shall be charged at the full cost of services.
NOTE THAT THE PROPERTIES BELOW HAVE DIFFERENT POLICIES AND THE FOLLOWING WILL APPLY:
Hotels and Lodges Ltd in Tanzania
50% non refundable deposit must be paid to confirm bookings with the balance required at 60 days prior to arrival. Cancellation received 45 days prior to commencement of services shall be charged at 95% of the total cost of accommodation
Karafuu Beach Resort in Zanzibar
Cancellations received 45 days prior to commencement of services shall be charged at 100% of the total cost of accommodation
Conservation Corporation Africa (CCA) East Africa
Cancellations received between 90 days and 61 days prior to commencement of services shall be
charge at 20% of the total cost of accommodation
Cancellations received between 60 days and 31 days prior to commencement of services shall be charged at 50% of the total cost of accommodation
Cancellations received between 30 days to arrival shall be charged at 100% of the total cost of accommodation
The liability to reimburse the Company for the cancellation fees, non-refundable booking fee, no-show fees, administration fee and the like shall in no way limit or restrict the general rights of the Company to collect damages for breach of Contract.
7. Non-payment by the date for commencement of services
In the event that the Company has not received payment in full by the Date for Commencement of Services then the Company reserves the right in its absolute discretion to withhold all or any of the Services and the Company shall be entitled to collect the outstanding payment from the Client direct and to recover from the Organiser all cancellation fees which they are entitled to charge as per para 6 above. The Company shall not be required to notify the Organiser, the Retailer or the Client prior to the date for commencement of Services that the Services or any part of the Services will be withheld.
The Company is insured against any legal liability which may arise out of injury or death to the Client in accordance with and to the extent required by the Laws of respective local destination.
The Company insurance does not cover illness, medical expenses, damage to or loss of baggage and
consequential damages arising from any one of these or at all and the Organiser must advise Clients to effect their own insurance prior to their arrival in the local destination and such insurance to cover as a minimum, death, personal injury, medical expenses, damage to or loss of baggage and consequential damages arising in the event of any one of the foregoing.
9. Injury illness and other risks
The Company accepts no liability for the injury illness infection or death of a Client which is not covered by the Company insurance referred to in condition 8 above.
10. Loss of or damage to property
The Company accept no liability whatsoever for the theft of or other loss or damage to the property of any Client howsoever caused.
11. Other general sales agents
Any other duly appointed General Sales Agents are merely Agents for the Company and all contracts entered into by the Organiser shall be deemed to have been made directly with the Company. All contracts made other than directly with Company are subject to ratification by the Company.
12. Governing law
These terms and conditions shall be read and construed in all respects in accordance with the Laws of respective local destination’ s government and the Company and the Organiser shall submit to the exclusive jurisdiction of the respective courts.