Your contract is with Savannah Overland Expeditions Ltd, (Company Number 7175271), a company registered in England and Wales with limited liability whose registered office is at 1 High Street Mews, Wimbledon Village, London SW19 7RG.
Savannah Overland Expeditions Ltd, hereinafter referred to as SOE, accepts bookings subject to the client agreeing to all the conditions set out below.
All information has been compiled with reasonable care and is published in good faith.The contents of these Terms and Conditions, our website and marketing material are based on knowledge and information available to Savannah Overland Expeditions Ltd at the time of publication. No warranty is given for the validity of the information supplied.
Savannah Overland Expeditions Ltd owns and operates its own expedition vehicles and employs its own crew. Only where stated locally arranged transport and crew including; jeeps, trains, ferries, river craft, buses and or coaches are used. Where Savannah Overland Expeditions’ own vehicles and/or crew are not used for the above services, the client agrees that the obligation of Savannah Overland Expeditions Ltd to the client is to select normally competent, independent suppliers to provide the necessary services related to the trip and to exercise reasonable care in selecting such suppliers to provide these services.
Your Agreement
The contract (“The Contract”) for any expedition described on the website or in the marketing material is between all the persons named on the Booking Form (“You”), who are travelling or intending to travel with SOE, and Savannah Overland Expeditions Ltd (“the Company”, “we”, “us” and “our”) and is made subject to all the conditions herein. The person signing the booking form (which incorporates these terms) warrants that he /she has full authority to do so on behalf of all persons whose name appears thereon, and confirms that all such persons are fully aware of and accept these conditions.
By booking an expedition with us you agree to be bound by these Terms and Conditions which govern the relationship, cancellation policy and limitations of liability. When you make a booking for yourself and / or on behalf of any other person/s for whom you are making a booking you agree and guarantee that you have the authority to accept, and that you do accept, all the Terms & Conditions which shall apply to the booking, to the exclusion of all other terms and conditions, and that where you are making the booking on behalf of another person (the “Participant”) you have the authority to place the booking on behalf of such Participant. These Terms and Conditions affect your rights and designate the governing law and forum for resolution of any and all disputes.
A booking will only be accepted when SOE has received a non-refundable deposit of £150 per person (AUD300 / NZD300 / USD250 / ZAR2700) or another amount notified in writing by the Company, together with a booking form for each person travelling, and we have issued a confirmation in writing. For expeditions visiting the gorillas and chimpanzees a further non-refundable payment for the appropriate trekking permit is payable at the time of booking in addition to the non-refundable deposit. If you are booking your expedition within eight weeks of departure full payment will be required at the time of booking.
To make and secure a booking, you must complete, sign and submit to us your completed booking form, using the booking procedure outlined on the Company’s website or with one of our appointed agents, together with the non-refundable deposit. The Company will confirm acceptance to You or your Travel Agent in writing and issue a Confirmation Invoice. Your booking and the contract between us will become effective once we have issued to you our confirmation invoice for the trip for which you have booked (“Trip”) as set out in Condition 1.5 below. The Contract shall continue until the Trip has ended but such expiry shall not affect accrued rights and liabilities of the parties and shall not affect any continuing obligations of the parties under the contract.
Our confirmation invoice will be issued only upon our receipt of your completed booking form and the full deposit in cleared funds and on that date the Contract for the trip will come into effect. Issuance of our confirmation invoice is entirely at our discretion and you acknowledge that we have the right to refuse to accept anyone onto any Trip at our discretion. If for any reason the Company does not accept your booking your full deposit will be returned. Please check the contents carefully and, in the event of any discrepancy, contact us immediately. Any discrepancies which are not notified to us within the timescale prescribed in these Conditions may lead to you incurring additional costs and charges.
If you arrange your holiday directly with SOE, all correspondence and other communications will be sent to the email address specified by You on your Booking Form, which will be that of the first person named, unless otherwise indicated by You. If your booking is made through a travel agent, all communication from the Company will be with the agent. All monies you pay to the travel agent are held by the travel agent on your behalf until we issue our Confirmation Invoice. After this, the travel agent holds the monies on behalf of the Company. For the avoidance of doubt, all online bookings shall be deemed as being booked in England and subject to these Terms and Conditions.
You confirm that the booking form has been completed fully and accurately and you will inform us in writing as soon as possible, and not less than 56 days before the date of departure of the Trip (“Departure Date”), or as soon as practicable, if any of the details provided on the booking form have changed.
Subject to the Unfair Contract Terms Act 1977, all conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
The website and marketing material are prepared many months before the Trip(s) commence and although every effort is made to ensure complete accuracy, it is inevitable that some of the prices and / or details may have changed since the website and marketing material containing the Trip details were created / printed. We will inform you prior to entering into the contract of any changes to the Trip that we are aware of at that time. All information given on the website and marketing material is for information purposes only.
A person who is not a party to the contract or these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract or these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
Only a company director has authority to vary, waive or omit any of these Terms and Conditions or promise any discount or refund.
You will be entitled, within 5 days of the date of your booking confirmation, to cancel your booking and if you do so during this “cooling off period” you will have no further liability to us and we will refund any deposit paid by you (minus any expenses already incurred which we are not able to recover such as gorilla trek permits or late notice accommodation bookings. It is strongly recommended that you use this cooling off period to thoroughly research your Trip and satisfy yourself that you can comply fully with these terms and conditions.
Trip bookings are only valid for the dates and routings specified thereon unless otherwise specifically authorised.
Special Requests
If you have any special requests, you should inform us of such requests at least 4 weeks prior to departure. We will advise the relevant supplier of your requirements but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
SOE reserves the right to decline any booking at their discretion.
If you or any member of your party has any medical conditions or disabilities you are required to inform us before you confirm your booking so that we can advise you as to the suitability of the chosen arrangements, health and safety considerations and what, if any, reasonable adjustments are required to be made. In any event, you must give us full details, in writing, at the time of booking. If any medical conditions or disabilities are suffered or arise between the MedicalDeclaration being submitted and the departure date you must notify us immediately. We reserve the right to decline or cancel a booking without having to pay any compensation if:
any medical condition or disability is disclosed to us on the Medical Declaration and is such that in our belief the disclosed medical condition or disability is likely to endanger your health and safety and / or the health and safety of anyone else participating in the Trip.
any medical condition or disability that is disclosed to us after the MedicalDeclaration form is submitted to us but before the Departure Date, where such medical condition or disability is, in our belief, likely to endanger your health and safety and / or the health and safety of anyone else participating in the Trip; or
any medical condition or disability that is not disclosed to us; whereby, in our belief, such medical condition or disability is likely to endanger your health and safety and / or the health and safety of anyone else participating in the Trip. We may require confirmation, at your expense, from a medical professional that you / and or the Participant are fit to travel. If we reasonably believe that you / and or the Participant are not sufficiently fit to take part in the Trip we may decline or cancel the booking at any time at our complete discretion.
Where you / and or a Participant have come into contact with any infectious disease you must notify us immediately. Where the departure date falls within the quarantine period for transmission of the disease, we reserve the right to cancel the booking as set out in Condition 2.2 above; this shall be deemed to be cancellation arising from an event of Force Majeure pursuant to Condition 8.6 and no compensation shall be payable to you / and or the Participant.
Your Responsibilities
By completing the booking form you / and or the Participant confirm that you / and or the Participant are aware of, understand and consent to the likely physical demands of the Trip. You / and or the Participant confirm that you are aware of the possible effects of things such as, but not restricted to, trekking at high altitude, jungle, desert and cold environments and other inhospitable environments and declare yourself / and or the Participant to be sufficiently physically fit and medically healthy to participate safely. You confirm that you / and or the Participant accept(s) the authority of the Leader of the Trip (“Trip Leader”).
By completing the booking form you / and or the Participant confirm that you / and or the Participant are aware that overseas standards of health and hygiene vary from country to country, and are seldom as high as they are in the UK or your home country. The Trip may be challenging and include visits to remote areas. You should be aware of the risks to your health from sources such as, but not restricted to, poor local hygiene, high altitude, heat related illnesses, fatigue, physical injury and tropical diseases. We recommend that you research your chosen destination using resources such as www.nathnac.org,www.fitfortravel.nhs.uk and www.fco.gov.uk before booking.
You are expected to satisfy yourself, prior to booking, that you are fit and able to complete the itinerary of your chosen expedition as described on this website. You are also expected to accept that the expeditions described are adventure holidays and that travel and facilities in developing countries may be of a lessor standard to those you are accustomed to at home. We do not provide luxury holidays!
Minors (those under 18 years of age) may be accepted on expeditions operated by SOE at our discretion provided they are accompanied, at all times, by a parent or guardian who accepts full responsibility for them. Unaccompanied minors will not be accepted on expeditions.
You may be excluded from the expedition or choose to leave the expedition of your own free will, due to ill health or any other reason. In such instances there will be no refund of the tour price, extra services, surcharges or local payment. All services forming part of the whole tour booked will be forfeited though may be recoverable, in some circumstances, through your travel insurance.
You / and or the Participant are responsible for your own equipment and belongings during the Trip and bear the sole responsibility for wear and tear and incidental or accidental damage to your own equipment. We recommend that you take out adequate insurance to cover your equipment. You / and or the Participant will be provided with a list of suggested equipment to bring on to the Trip.
You / and or the Participant must at all times throughout the Trip abide by the laws and customs of the countries visited and behave in a respectful and considerate manner to local people and other members of the Trip.
You / and or the Participant’s behaviour during the Trip must not prejudice the safety and wellbeing of any member of the Trip, or its satisfactory progress.
Any arrangements that you / and or the Participant make independently which do not form part of the published Trip itinerary are entirely at your own risk. In such an event all liability and responsibility that we bear to you / and or the Participant will immediately cease.
We provide equipment for the Trip, including but not limited to, tents and camping equipment and we are responsible for the maintenance of such equipment. Where you / and or the Participant deliberately or recklessly cause damage to any such equipment you shall indemnify us and keep us indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.
You will be responsible for arranging transfers to your departure airport and from your arrival airport upon your return from the Trip. Where indicated in the marketing material or on the website we may assist you with arranging transfers provided by independent third parties, from the arrival airport and to your departure airport within Africa, however, we accept no liability for any such assistance or transfers. The cost of any such transfer will be payable by you to the independent third party. Where indicated in the marketing material or on the website you will also be responsible for flights, airport taxes and other associated costs of travelling to and from the Trip.
All passports, visas, health certificates or other travel documents required for the holiday must be obtained by You. It is your responsibility to ensure that these remain in order, and to meet any additional costs incurred (whether by You or by the Company on your behalf) as a result of failure to comply with such requirements. Any information or advice given by the Company on passports, visas, vaccinations, etc. is given in good faith but without responsibility on the part of the Company.
No credit or refund is possible for any unused services included in the holiday price or Local payment. This includes where the reason for not using the services is due to illness or to disinclination, or to lost, mislaid, or destroyed travel documents, or for departing the Trip early or before it reaches its final destination.
You must obtain confirmed onward or return flight tickets prior to departure for Africa. The Company cannot be held responsible if You are refused entry to any country through failure to supply proof of onward travel. You must accept responsibility for reconfirming all onward travel arrangements.
You are responsible for checking-in at the correct time. The Company cannot accept responsibility if You miss flights or the Trip as a result of late check-in.
You acknowledge that the nature of the holiday is expeditionary and adventurous and that you will be visiting places where the political, cultural and geographical conditions present certain dangers, risks and physical challenges greater than those present in our day to day lives. You realise the hazards involved in this kind of expedition, particularly in consideration of the countries visited.
Clients are entitled to one bag of not more than 23kg plus a day pack. The Company retains the right to refuse excess or hard sided baggage.
4. Your Financial Protection
4.1 The Package Travel, Package Holidays Package Tours Regulations 1992 require us to provide security for the monies that you pay for the Trip booked from the marketing material or website in the event of our insolvency. The Company is a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT) and is bonded to provide for your financial protection in the event of the Company’s insolvency. ABTOT Membership Number 5321.
4.2 The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Savannah Overland Expeditions Ltd, and in the event of their insolvency, protection is provided for the following:
1) non-flight packages commencing in and returning to the UK;
2) non-flight packages commencing and returning to a country other than the UK; and
3) flight inclusive packages that commence outside the UK, which are sold to customers outside of the UK.
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Savannah Overland Expeditions Ltd.
Your Trip Price
The Company reserves the right to alter the price of the Trip not less than 31 days before departure. If there is any change the Company will notify you before we enter into a contract with you. You will be advised of the current price of the Trip that you wish to book before your booking is confirmed.
When you make your booking you must pay a deposit of one hundred and fifty pounds (GBP £150.00) per person. Any deposit paid will form part payment of the trip cost. You must pay the balance of all invoices for the Trip no later than 56 days (8 weeks) prior to the Departure Date. Provided that the Company receives settlement in full by the due date, it undertakes to absorb any price increases that may arise after that date, except for local payment increases. If the deposit and / or balance are not paid on time, we may cancel your booking and the contract between us. If the balance is not paid in time and we cancel your booking we shall retain your deposit and any instalments paid by you.
If you book your trip less than 8 weeks (56 days) before the departure date, you must pay the full tour price when returning the booking form and your Confirmation Invoice will have details of any final surcharges (if any) that are due.
All clients booking will be deemed to have read and accepted the booking conditions.
The Company reserves the right to change any of the services, prices and / or other particulars contained on the website or in the marketing material at any time before we enter into a contract with you. Before accepting a booking, SOE reserves the right to alter published prices. After confirming a booking SOE will only alter prices to take into account factors beyond its control, such as government action, currency exchange rate fluctuations, increases in fuel costs, surcharges or other transportation or accommodation cost increases. Local payment contributions are based on prices at the time of publishing and occasionally price increases after this time may make it necessary to vary contributions prior to departure. Any increase will not exceed 20% of the published local payment contribution.
After the Company has issued your initial Confirmation Invoice, after receipt of your signed Booking Form, should there be a need for any subsequent surcharges, these will be shown on a Supplementary Invoice, sent to You or your travel agent, no later than 56 days prior to your departure date.
Changes in incurred costs listed, but not limited to, transportation costs, including the cost of fuel, taxes, duties or fees chargeable for services such as border crossings, currency rate fluctuations in exchange rates, entrance fees, government action mean that the price of your Trip may change after you have booked. There will be no change to the price of the Trip within 30 days of your Departure Date.
We will absorb, and you will not be charged for any increase equivalent to 10% of the price of your Trip, which excludes insurance premiums and any amendment charges. You will be charged for any amount over and above that. Should any final surcharges exceed 20% of the price of your Trip as invoiced at the time your booking was first made, you will have the option of accepting a change to another Trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to the Company except for any previously incurred amendment charge. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the date that we inform you of the increase and send the final invoice. Cancellation advice is deemed to become effective on the date the Company receives it. Cancellation should always be notified in writing.
Should the price of your Trip go down due to the changes mentioned above, by more than ten per cent (10%) of your Trip cost, then any refund due will be paid to you. However, please note that some foreign parts of the Trip are not always purchased in local currency and some apparent changes have no impact on the price of your Trip due to contractual and other protection in place.
Please note that we impose a 1.95% surcharge in respect of all payments you make by credit card.
The price of the Trip comprises two elements, 1) the Trip Price element as advertised in the marketing material / website and
2) the Local Payment element, but it does not include certain extra optional excursions or activities – details and costs of which are set out in the marketing material and on the website. In the event that you cancel or alter your booking it is possible that the costs of such extra excursions and activities will not be refundable.
The Local Payment element is a mandatory payment, additional to the Trip Price, and is intended to cover locally incurred costs as outlined, but not limited, to those listed on the website such as accommodation, meals and associated land travel costs. The Local Payment element must be paid in US$ cash at the pre-departure meeting prior to the departure of the trip or as otherwise directed by the Tour Leader. As local payment is used to pay for all associated land travel costs in Africa it is accepted that the amount is subject to change due to exchange fluctuations and price shifts and it is based on estimates at the time of publishing.
There is an additional mandatory payment, on the applicable tours, for permits to view the gorillas and chimpanzees. These must be paid at the time of making your booking.
6. If You Change or Transfer Your Booked Trip
6.1 We start to incur costs from the moment you make your booking. If, after our confirmation has been issued, you wish to significantly change your Trip, or transfer your trip to a new departure date, we will do our utmost to make these changes but it may not always be possible. Any request for changes must be made in writing by you. The Company will make every effort to assist You if you wish to alter your arrangements but reserves the right to impose an amendment charge of GBP £50.00 (AUD100 / NZD 150 / USD 100 / ZAR 900) per person in the event of your wishing to change a booking previously confirmed by the Company up to 56 days before departure, together with communication charges and other expenses incurred by the Company when making alterations. These charges will be payable whether or not the Company is successful in confirming the amended reservation. You should be aware that these costs may rise the closer to your departure date the changes are made and you should contact us as soon as possible if you need to amend your booking. Discretion is used to determine any non-transferrable costs incurred on behalf of the client by Savannah Overland Expeditions Ltd e.g. Gorilla Trekking permits (these would be payable in addition to the transfer fee).Amendment requests received within 56 days of departure will be treated as a cancellations and re-bookings and the normal cancellation charges detailed below will then apply. All amendments should be re-confirmed, in writing, signed and dated by the signatory on the original Booking Form.
6.2 We may, at our absolute discretion, no later than 30 days prior to the Departure Date allow you to transfer your booking to another person if you are unavoidably prevented from travelling and the transferee meets any and all conditions that apply to the travel arrangements booked and provided that such other person indicates their acceptance of these Terms and Conditions. Notification must be received in writing (signed by the person who signed the original Booking Form). The right to transfer is subject to a payment of an amendment charge of GBP50.00 (AUD100 / NZD 150 / USD 100 / ZAR 900) per person, together with any and all additional charges of whatever nature imposed by third party suppliers who provide component parts of the booking. We accept no liability to you if we refuse to transfer your booking to another person for any reason. Discretion is used to determine any non-transferrable costs incurred on behalf of the client by Savannah Overland Expeditions Ltd, e.g. Gorilla Trekking permits (these would be payable in addition to the transfer fee). Transfer requests received less than 30 days before departure will be treated as a cancellation and subject to the charges below.
7. If You Cancel Your Trip
7.1 You may cancel your Trip at any time and your notification must be received in writing (signed by the person who signed the original Booking Form). Cancellation will be effective on the day it is received by the Company. As we incur costs when cancelling your Trip, the following charges, in addition to your deposit and, where applicable, the gorilla and chimpanzee permit monies, will be payable by You dependent upon the number of days prior to your departure date the Company receives notification of your cancellation. We recommend that you purchase travel insurance that provides for your reimbursement in the event of a cancellation. You will remain liable for any losses arising from your / and or the Participant’s breach of the Conditions of the Contract.
|
Date when Written Cancellation Received |
Amount Payable / Forfeited by You |
|
Cancellation 56 days or more prior to departure |
Deposit (GBP £150) |
|
Cancellation between 42 and 55 days prior to departure |
Deposit or 35% of monies paid (whichever is the greater) |
|
Cancellation between 28 and 41 days prior to departure |
Deposit or 50% of monies paid (whichever is the greater) |
|
Cancellation between 14 and 27 days of departure |
Deposit or 75% of monies paid (whichever is the greater) |
|
Less than 14 days prior to departure |
100% of monies paid |
7.2 The Company acts as an agent when booking pre or post tour accommodation and airport transfers. Cancellation of booked accommodation and airport transfers will be subject to a fee equal to one nights’ accommodation provided you give at least 7 days’ notice of cancellation. Cancellation within 7 days will be subject to a fee equal to 100% of the price You have paid for the accommodation and transfers.
7.3 Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges, however, it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
8. If We Change or Cancel Your Trip
8.1 If You do not pay the full balance of the trip price at least 56 days before your departure date the Company reserves the right to treat the booking as cancelled, and to levy cancellation charges.
8.2 Every effort is made to operate our trips as advertised and SOE has no intention of making substantial alterations or of cancelling any arrangements booked for clients, but in the event that this is deemed necessary prior to the departure date, and taking into account the interests of the client, SOE will promptly send out notification of such changes or cancellations. It is unlikely that we will have to make any changes to your Trip; however, we do plan all Trips many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your Trip. In very rare circumstances, such as insufficient numbers on safari holiday departures, the Company may have to cancel the whole or part of your holiday at any time up to four weeks prior to departure. In the event of any cancellation, the Company will use is best endeavours to offer alternative arrangements of a comparable standard or to make a full and prompt refund of all monies paid. We also reserve the right at any time prior to the DepartureDate, without prior consultation with you, to notify you in writing that the Trip will be merged with one or more other Trips travelling to the same country and this will not constitute a major change. A major change is considered to be not visiting two or more countries listed in the trip dossier.
8.3 The Company will not normally cancel any Trip less than 30 days before your Departure Date, except in circumstances outside the Company’s control in the event of war or threat of war, riot, civil strife, industrial dispute, terrorist activities (threatened or actual), natural and nuclear disaster, fire or adverse weather conditions or other circumstances amounting to Force Majeure it may cancel, suspend or withdraw bookings. The Company will then use its best endeavours to offer you an alternative holiday of comparable standard, or make a full and prompt refund of all monies paid to it by You. If we are unable to provide the Trip, you can either have a refund of all monies paid or accept an offer of an alternative Trip of comparable standard from us, if available, we will refund any price difference if the alternative is of a lower value. If it is necessary to cancel your Trip for reasons other than Force Majeure, we will pay to you compensation as set out in the table below Condition 8.4. If we cancel the Trip we will not be liable for any indirect or consequential loss suffered by you such as, but not limited to, prior or subsequent travel arrangements, tours or flight arrangements. The definition of major change will depend on the individual trip and circumstances.
8.4 In the rare event of cancellation being necessary within four weeks of your departure date for reasons other than Force Majeure (circumstances described in paragraph 8.3) the Company will inform you as soon as reasonably possible if there is time before your Departure Date and will offer, wherever possible, an alternative trip or a full refund of all monies received by the Company from you. If you accept an offer for an available alternative Trip of comparable standard from us, we will also refund anyprice difference if the new alternative is of a lower price than the original trip. In allcases of major change, except where the major change arises due to reasons of Force Majeure, we will pay compensation as detailed below:
IF WE MAKE A MAJOR CHANGE TO OR CANCEL YOUR TRIP
|
Period before departure within which notice of Cancellation or major change is notified to you |
Amount you will receive from us |
|
More than 42 days |
£ Nil |
|
41 – 28 days |
£20.00 |
|
27 – 14 days |
£30.00 |
|
13 days from date of travel |
£40.00 |
8.5 The compensation that we offer does not exclude you from claiming more if you are entitled to do so in law.
8.6 Force Majeure: This means that we will not pay you compensation if we have to cancel or change your Trip in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, poor local infrastructure, changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines or main charterer, the alteration of transport or transport types, adverse weather conditions (actual or threatened), avalanche and technical failure with transport, Foreign and Commonwealth Office advice changing and advising against travel to the Trip destination.
8.7 The Company reserves the right to alter routes, schedules, itineraries, amenities and mode of transport, without prior notice, during the period of the holiday, due to circumstances or events which affect the stated intentions of the holiday. These influences may include, but are not limited to, sickness, mechanical breakdown, events emanating from political disputes, acts of terrorism (threatened or actual), entry of border difficulties, adverse weather conditions, earthquakes and other unpredictable and unforeseeable circumstances.
8.8 Arrangements are planned many months in advance aiming to deliver the scheduled itineraries. It is inevitable that minor changes can occur at any time before or after the departure date. Whilst we will make all reasonable efforts to inform you of minor changes, we are under no obligation to do so, nor to pay any compensation. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
8.9 A general indication is provided in the website in regards to the itinerary, style of travel, risks involved as well as what is included in the trip price, passport, visa and health formalities as well as all the costs payable direct to SOE including the Local Payment, optional activities and estimated spending money. This, as well as dossier information is provided with all reasonable care to the best of SOE’s knowledge at the time of publishing. Whilst every effort will be made to avoid any significant changes, please be aware changes may be made at any time. We will endeavour to keep you informed of all significant shifts in prices and any itinerary variations prior to departure. Please read the information contained in the website as well as any updates sent to you. Information and updates provided to you after booking should be regarded as superseding prior information received.
8.10 The whole philosophy of this style of travel as outlined in the website is one which allows some alternatives and degree of flexibility. The outlined itineraries given for each expedition must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on the part of SOE. When necessary, the Company reserves the right to make alterations to a trip without notice, including to the itinerary, the vehicles or crew, excursions, accommodation or amenities. The Company reserves the right to use alternative forms of transport and / or vary the itinerary if force majeure, breakdown, accident, sickness etc make such a change necessary. These alterations may be made if in our reasonable opinion it be regarded as essential to provide due care or to ensure the satisfactory progress of the expedition but are not limited to these reasons. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, road conditions, weather, border restrictions, sickness and other unforeseeable circumstances. No refunds will be given for services not utilised. It is a fundamental condition of joining any of the expeditions described in this website that you accept this flexibility and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment are possible. If a passenger is unable, or does not choose, to complete an itinerary outlined for an expedition, the Company is not liable to supply alternative itineraries, excursions,accommodations, services or staff for the period when the client is not present with the group. No refund will also be made in respect of the local payment. Because of the nature of the areas we travel through, significant changes can and do occur after departure for which SOE has no control. SOE will organise contingency itineraries (where possible in consultation with clients) but cannot be held responsible for compensation or additional expenses.
9. Dealing With Complaints
9.1 Should you have a complaint about any aspect of the Company’s arrangements, the complaint should be reported immediately to our local representation (Tour Leader where practicable) in order that the Company may be given the opportunity to investigate and rectify the matter during your holiday. If your complaint is not resolved locally, please follow this up by writing to our Company Secretary at our registered office giving your booking reference details and all other relevant information and, where possible, evidence of the issue you encountered. We must receive any such complaint no later than 28 days from the date of completion of your Trip. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
9.2 It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our Tour Leader without delay. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in-country and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and you may be unable to recover compensation.
9.3 If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.
Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Ltd, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY or from ABTOT, 117 Houndsditch, London, EC3A 7BT.
10. Responsibilities of the Company
10.1 The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your Trip maintain the appropriate standards. The descriptions, information and opinions given on the website and in the marketing material by the Company are given in good faith, based on the latest information at the time of being published. Unless specifically advised to the contrary by the Company nothing shown on the website, in the marketing material or other publication (whether supplied by us or not) constitutes a condition or term of this contract, or shall be relied upon in any way. In exceptional circumstances outside the control of the Company, its agents or any suppliers, such as, but not limited to, circumstances amounting to force majeure such as war, threat of war, political unrest, riots, civil disturbances, terrorist activities (threatened or actual), legally or illegally organised labour disputes, adverse weather conditions, and acts of God, the Company, its agents and / or third party suppliers cannot be held responsible for any limitation or withdrawal of facilities.
10.1.1 Where you do not suffer death or personal injury, we accept liability should any part of your Trip booked with the Company in the United Kingdom not be as described on the website or marketing material and not be of a reasonable standard, and, subject to (10.1.3, 10.1.4 and 10..5) below will pay you compensation of an amount which could reasonably be expected, taking into account all the relevant circumstances. Any sums received by You from third party suppliers, such as airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to You as compensation by the Company.
10.1.2 Where you suffer death or personal injury as a result of an activity forming part of your Trip with the Company, we accept responsibility subject to (10.1.3, 10.1.4 and 10.1.5 below).
10.1.3 The Company accepts liability in accordance with 10.1.1 and 10.1.2 above subject to 10.1.4 and 10.1.5 below except where the cause of the failure of your trip or any death or personal injury You may suffer is not due to any fault on our part or that of our servants, agents or suppliers and is your fault, or due to the actions of someone unconnected with your trip or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, suppliers could have anticipated or avoided even with the exercise of full care.
10.1.4 Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air, rail, sea or road travel or hotel accommodation, the Company’s liability and / or the amount of compensation You will receive will be limited in accordance with the contractual terms of the companies providing the transportation for your travel arrangements, which are incorporated into this contract, and the provisions of the relevant International Conventions, namely the Warsaw Convention 19129 as amended by the Hague Protocol 1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris Convention 1962, and the Montreal Convention.
10.1.5 The Company’s acceptance of liability in 10.1.1, 10.1.2, 10.1.3, 10.1.4 above is conditional upon You assigning any rights that You may have against any of our servants, agents, or suppliers which is in any way responsible for the failure of your Trip or any death or personal injury You may suffer. Such acceptance of liability is also subject to your following the procedures for the notification of complaints set out in the Booking conditions.
10.1.6 The use by the Company of transport in connection with your holiday is subject to the conditions of carriage of the operators or owners of such transport. These conditions may include the provision of the law of the country of the carrier or be subject to international conventions which may limit or exclude the carrier’s liability.
10.1.7 Please note that when You book optional activities, excursions or other services locally your contract is with the local company providing that optional activity, excursion or service and not with the Company. The Company has no legal liability for anything that goes wrong with such an excursion or service and any claim which you might have arising from the optional activity, excursion or service will be against the relevant local company and subject to the local company’s terms and conditions.
10.1.8 You should regard as optional all activities, excursions and / or other services mentioned on this website or in marketing material which are not undertaken on a vehicle belonging to the Company, and are not specifically states as being included in the tour price.
10.1.9 The Company, where appropriate and with reasonable discretion, shall afford initial general assistance to a client who suffers illness, personal injury or death during the period of his trip.
10.1.10 The Company’s employees, agents and representatives have no authority to vary these conditions.
10.2 SOE endeavour to use their own expedition vehicles for the majority of the trip. At the same time it is of note that locally arranged transport including land cruisers, jeeps, trains, ferries, river craft, buses or coaches may also be used at times whilst on expedition. Our obligations and those of third party suppliers providing any service or facility included in your Trip are to take reasonable skill and care to arrange for the provision of such services and facilities and where we or the third party supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You agree to also abide by the terms and conditions of all such carriers.
10.3 You should be aware that standards including safety and hygiene may be lower than you would expect in the UK and / or your home country. The services provided as part of the Contract we have with you will be deemed to be provided with reasonable skill and care if they comply with the local (in country) standards where the service is delivered.
10.4 If the Contract we have with you is not performed or is improperly performed by us we will pay you appropriate compensation if this has affected the enjoyment of your Trip. However we will not be liable where any failure in the performance of the Contract is due to:
10.4.1 you / and or the Participant
10.4.2 a third party unconnected with the provision of the Trip and where the failure is unforeseeable or unavoidable;
10.4.3 unusual and / or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
10.4.4 an event which we or our suppliers, even with all due care, could not foresee or forestall.
10.5 Our liability in contract, tort or otherwise arising, except in cases involving death, fraudulent misinterpretation or personal injury, shall be limited to a maximum of the price payable for any individual Participant to undertake the Trip. Our liability will also be limited in accordance with and / or in an identical manner to:
10.5.1 the contractual terms of the parties that provide the transportation for your travel arrangements. These terms are incorporated into this Contract but in the event of any conflict between those terms and these Conditions, these Conditions shall prevail; and
10.5.2 any relevant international convention, that limits the amount of compensation you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any applicable conventions.
10.6 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 of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your Trip cost from us.Your right to a refund and / or compensation from us is set out in Condition 8. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk
10.7 We do not accept any liability or responsibility for any personal possessions (including but not limited to cameras, jewellery, laptops, IPods, smart phones, valuables and money) which are carried on or in our vehicles, carried on public transport or transport supplied by independent third party suppliers, left in accommodation provided by us or third party suppliers during a Trip or left in our care during a Trip; such items are carried and / or left at your own risk.
11. Passport, Visa, Immigration Requirements and Local Laws and Regulations
11.1 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 before travelling. We do not accept any responsibility and shall not be liable if you and / or the Participant cannot travel or cannot participate in any part of the Trip because you and / or the Participant have not complied with any passport, visa or immigration requirements. For full information on any passport or visa requirements, see the UK Passport Office website – www.passport.gov.uk or the equivalent Passport Office website for your home country.
11.2 You are responsible for obtaining and having available the necessary documents(including but not limited to full, current passport with enough blank pages to complete the Trip and valid for at least 6 months from the last day of the Trip and visas for all periods, countries and territories within the Trip) enabling you to participate in the Trip and shall comply with all local legislation and regulations of the Countries in which the Trip takes place (including immigration requirements, customs regulations and currency exchange). You shall indemnify us against any loss or expense that we may incur or suffer as a result of breach of this Condition by you.
11.3 You are expected to obey the laws and regulations of the countries we visit on the trip. A booking is accepted on the strict understanding that You undertake to comply with the local laws, customs, foreign exchange, drug and all other regulations of all countries visited on expedition.
12. Acceptance of Risk / Limited Insurance Held by the Operator
12.1 Your booking is accepted on the understanding that you realise the hazards involved in this kind of expedition, particularly in consideration of the countries visited including injury, disease, loss or damage to property, inconvenience, discomfort and matter rising out of Force Majeure. The Client acknowledges that by the very nature of the expedition and the countries visited, they are exposed to an element of personal risk and that the expeditions are of a personally hazardous and unpredictable nature above those associated with conventional holidays. The Client, therefore, accepts and consents to the risks inherent in the implementation of this contract and accepts as reasonable the limitations of the Company’s responsibility as set out herein. In many African countries visited the basic infrastructure such as communication and road networks are very poor and are regarded, therefore, as less safe and reliable than that with which westerners may be familiar. In particular lack of road markings, warning signs, unmarked speed bumps, seasonal flooding of roads and bridges etc are factors beyond the Company’s control.
12.2 The Client acknowledges and accepts that there may be no policy covering the operator’s liability to its clients for death, injury, damage or loss occurring anywhere in the world. The client also specifically acknowledges that with respect to passenger accident liability cover, this cover may be very limited or may not exist at all. The client acknowledges that the operator has taken reasonable steps in safe guarding its liability. Although the operator does hold various insurances this booking condition states that the client must assume he / she is not covered by any operator’s insurance policy, including all liability insurance for death, injury, damage or any other loss. The client accepts full responsibility for all risks involved.
12.3. The Client agrees to indemnify SOE in respect of any accident, personal injury, loss of life or damage to property etc., caused by the client during the course of the expedition.
12.4 Clients are advised that in many countries there is no free health service and that the local vehicle insurance is / or has limited value.
13. Excursions
13.1 Optional Activities and Excursions or other tours that you may choose to book or pay for whilst you are on Trip are not part of your Trip arrangements provided by us. For any optional activity, excursion or other tour that you book, your contract will be with the operator of the optional activity, excursion or tour and not with us. We are not responsible for the provision of the optional activity, excursion or tour or for anything that happens during the course of its provision by the operator.
14. Behaviour
14.1 Whilst a Trip is in progress you will (or where a Parent or Legal Guardian has entered into this Contract on behalf of a child Participant they will ensure that the Participant) act at all times in accordance with all reasonable instructions from us and / or the Trip Leader.
14.2 We may exclude you and / or the Participant from the Trip or any part thereof at any time (including during the Trip itself) if we are of the opinion that you and / or the Participant are likely to prejudice the good order, discipline or safety of the Trip, including as a result of you failing to comply with the Trip Leader’s instructions, breaking any law or regulation of any country where the Trip takes place or you and / or the Participant fail to adhere to the Trip Code of Conduct, provided that we exercise our discretion reasonably in this regard. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result of our decision to exclude you and / or the Participant.
14.3 In the event of you and / or the Participant being excluded from a Trip under the provisions of this Condition, no refunds will be given and we will not be responsible for any losses, and you agree to indemnify us against, any costs arising including costs of repatriation e.g. flights and losses or expenses.
14.4 The expeditions are participatory group trips. At the same time the decision of the expedition Tour Leader will be final in all matters relating to the organisation, progress, safety and well-being of the expedition as well as all hygiene, safety and security rules in regards to day to day life of the group on the expedition vehicle. You understand that you must abide by the expedition Tour Leader’s authority and comply with all reasonable requests by the expedition Tour Leader. Do be aware that in the event you are found to be violating such rules or laws and regulations or otherwise prejudicing the safety or well-being of the group or progress of the expedition, or causing a nuisance to the group, SOE may terminate your trip without any liability on the part of the Company and You will relieve SOE of all obligations that they may otherwise have had under these booking conditions. You will not be entitled to claim a refund and shall be obliged to make your own way home at your own expense.
15. Health And Safety
15.1 By completing the declaration on the booking form you confirm that you appreciate the risks involved in the Trip and that you (or where you are the Parent or LegalGuardian, the child Participant) do / do not suffer / or have ever suffered from any pre-existing medical condition, other than those already declared to us, that may actively prevent you and / or them from actively participating in the Trip.
15.2 It is your responsibility to ensure that you and / or the Participant are medically fit enough to undertake the Trip and to ensure that you have received the necessary inoculations and medications (and taken them as prescribed by your doctor) relevant to the destination country. Unless informed otherwise in writing we will assume that you are in good health and are not aware of any reason why you and / or the Participant may be unsuited to taking part in the Trip. We recommend that you and / or the Participant consult your / their Doctor before making a booking to ensure that you and / or the Participant are medically fit and are fully aware regarding the immunizations and medical issues related to your and / or the Participant’s destination Country.
15.3 If you and / or the Participant have any pre-existing medical condition, illness or disability, are undergoing medical treatment or, since entering into the Contract, develop any medical condition, illness or disability or undergo any medical treatment; you will give us full particulars at the earliest opportunity and at the latest sixty (56) days before the Departure Date where practicable. If it is later discovered that a pre-existing condition was not declared within the specified time, and such condition would, if we had knowledge of it, have led to our refusal to accept or to cancel your booking, we reserve the right to withdraw you and / or the Participant from the Trip without any refund or recompense.
In such an event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a Participant being withdrawn from a Trip, no refunds will be given and we will not be responsible for, and you agree to indemnify us against, any costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses.
15.4 By agreeing to these Conditions, you provide your consent for us and our insurers to obtain your and / or the Participant’s medical records should we consider it necessary. You will be responsible for any charges for the provision of this medical information.
15.5 We reserve the right to inspect your and / or the Participant’s vaccination book at any time and to withdraw you and / or the Participant from the Trip in the event that you and / or the Participant have not received and / or taken all the requisite inoculations and / or medication.
15.6 If the information provided by you is incorrect and we discover that the correct information affects your and / or the Participant’s suitability to take part in the Trip, we may terminate the Contract and withdraw you and / or the Participant from the Trip without refund or recompense, including during the Trip. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a Participant being withdrawn from a Trip, no refunds will be given and we will not be responsible for, and you agree to indemnify us against, any costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses.
15.7 You agree and acknowledge that certain activities undertaken whilst you are on the Trip may be inherently hazardous and have risks associated with them. You agree to abide by all instructions given to you whilst you are on the Trip and you acknowledge that we cannot be held responsible for any injuries that may arise as a result of you failing to comply with such instructions.
16. Insurance
16.1 All Participants must be covered by personal travel insurance and you must provide a copy of your Policy document as proof of such travel insurance prior to joining the Trip. Your travel insurance policy must cover you fully against the cost of cancellation by you and include a minimum cover of £250,000 for medical and repatriation expenses should you become too ill to continue and must above all cover you against the cost of air evacuation should sickness or injury necessitate such a course of action. You should also note that passenger liability insurance covering vehicles, particularly in Third World countries, may be inadequate; it is therefore important that your insurance cover makes sufficient provision for your dependants in the event of an accident. Please note however that we have no control over the availability of / or the standard of medical and repatriation services and facilities in the areas we visit and these do not form any part of our contract with you. Please remember that many of the areas we visit are not as developed as the UK or your home country and the availability and standard of such services may well be lower than expected. Please read your policy details carefully and take them with you when you travel. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check individual insurance policies for suitability.
16.2 Clients travel solely at their own risk and are responsible at all times for their personal property, including baggage. All reasonable care goes into the choice of guarded secure camp sites and the maintenance of storage, lock up and security procedures on the vehicles. The Company accepts no responsibility for the loss of, or damage to, personal property or valuables. Insurance to cover the loss of baggage and valuables is highly recommended.
16.3 It is your responsibility to ensure that you are adequately insured. Your insurance must include adequate cover for any adventure sports you intend to undertake whilst on your trip.
17. Data Protection
17.1 In order to process your booking and to ensure your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs / dietary requirements etc. We shall ensure that appropriate security measures are in place to protect your and / or the Participant’s personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to various relevant third party suppliers, agents, employees or volunteers such as hotels, transport and safari companies etc., whether based inside or outside the European Economic Area for the purposes of our providing you with the Trip. The information may also be provided to security or credit checking companies, public authorities such as customs / immigration if required by them or as required by law. Additionally, controls of data protection in Africa may not be as strong as the legal requirements in the UK. We will not, however, pass any information to any person who is not responsible for any part of your trip arrangements. If we cannot pass this information onto the relevant suppliers, whether in Africa or not, we cannot successfully provide your Trip. In making this booking, You consent to this information being passed onto the relevant persons.
18. Promotional Materials
18.1 By agreeing to these terms and conditions, you and / or the Participant consent (unless otherwise stated on your application form) to our staff taking photographs and or video footage of you and / or the Participant during the Trip and that these images may be used by us for publicity and training purposes including, but not limited to, websites, marketing material (both printed and on-line), in the media and on all social media platforms. You agree that during the trip images, photos and /or videos may be taken by other clients, suppliers or Company staff that may contain you in part or in whole. You agree that these images may be reproduced by the Company and You grant perpetual, royalty free, worldwide, irrevocable licence to reproduce such images, photos and /or videos in any medium for promotion and publicity purposes.
18.2 Every effort is made to provide as much pricing information as possible on our website and to ensure this information is accurate. Regrettably, however, changes and errors do occasionally occur and we cannot accept liability for errors. Prices and details for optional activities and / or excursions and any offers posted online are subject to change without notice and all products, services and offers are subject to availability.
- General
19.1 We shall be entitled to novate or assign the Contract or any part of it to an alternative third party if required. You shall not be entitled to assign the Contract or any part of it.
19.2 This Contract is made on the terms of these Conditions, and any matters arising from it, shall be governed by and construed in accordance with English Law, and subject to the provisions of condition 18.3 you agree to the exclusive jurisdiction of the Courts of England and Wales.
19.3 As members of ABTOT we comply with ABTOT’s Code of Business Practice and as such, you may refer any dispute that we are unable to resolve between us to ABTOT’s Independent Dispute Settlement service.
19.4 If any of these Conditions is found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Booking Conditions and the rest of the Conditions in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
19.5 Any reference in these Conditions to a statute, convention or regulation shall be a reference to that statute convention or regulation as amended, re-enacted or extended at the relevant time.
19.6 The headings in these Conditions are for convenience only and shall not affect their interpretation.
19.7 Where the context otherwise requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders.
19.8 Where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint Trips, trusts, voluntary associations and other incorporated and / or unincorporated bodies or other entities (in each case, whether or not having separate legal personality)and all such words shall be construed interchangeably in that manner.
19.9 Any “linking” to the Savannah Overland Expeditions Ltd website must be authorised in writing or email by one of the company directors of Savannah Overland Expeditions Ltd.
The marketing material and website content are our responsibility.
Dates, prices and itineraries shown for trips departing from 1 January 2015 onwards are subject to change. Trips and prices in this marketing material replace those of any previous Savannah Overland Expeditions Ltd marketing material.
