BOOKING STANDARD TERMS AND CONDITIONS OF CONTRACT OF SHAUKU SAFARI LIMITED
These Terms and Conditions apply to any tours booked with Shauku Safari Limited, a local owned Company based in Arusha, Tanzania. These Terms and Conditions govern the contractual relationship between Shauku Safari Limited and yourself.
Please read these Terms and Conditions carefully as by booking any tour with Shauku Safari Limited you acknowledge that you have read and understood these Terms and Conditions and you accept and agree to be bound by these Terms and Conditions.
If you have confirmed a booking on any tours with more than one client named and booked on such a booking, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those with a disability) and therefore all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The client who confirmed the booking is considered to be the selected contact person for all other clients named in that booking.
1.INTERPRETATIONS IN THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
a). the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
b). unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
c). “booking reservation” means safari or tour or trip or excursion booking;
d). “client” means the person(s) named on the safari booking form (whether it be a provisional or confirmed safari booking form) and who contracts with Shauku Safari Limited on the Terms and Conditions hereunder. The client shall also include any agent who makes any booking of third-party clients in respect of a safari booking. Such agent, as well as the persons named on the provisional and the confirmed safari booking form, shall be jointly and severally liable to Shauku Safari Limited for the performance of their obligations in terms of these standard trading conditions, as well as any contract(s) made pursuant thereto;
e). “member(s)” means any Shauku Safari Limited Senior Office anagement Staff;
f). “Shauku Safari Limited” means company registered in Tanzania under the Companies Act No. 12 of 2002, and recognized by Ministry of Natural Resources & Tourism, Tanzania Tourist Board (TTB);
g). “service(s)” means the provision of hotel/lodge bookings, transfers, car hire, offers on tours and excursions for the client in Tanzania, Kenya and Uganda. Such services include, but shall not be limited to the procurement by Shauku Safari Limited acting solely as agent for the client, with third party service providers of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
All and any business or contracts undertaken or advice, information or services rendered by Shauku Safari Limited, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard Terms and Conditions of contract.
3. SHAUKU SAFARI LIMITED ACTING AS AGENT ONLY
In terms of these standard trading conditions, and any contract(s) concluded pursuant hereto, Shauku Safari Limited acts as agent only for and on behalf of the client in procuring the services. As such, Shauku Safari Limited shall procure the services for and behalf of the client as agent for it with relevant third-party service providers concerned. Shauku Safari Limited shall, under no circumstances, be liable for the acts and omissions of the relevant third-party suppliers concerned, without prejudice the effect of clause 18 of this contract.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
4.1. All quotations given by Shauku Safari Limited in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Shauku Safari Limited, shall be in the currency of United States Dollar. Such quotations shall be inclusive of Tanzania’s value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Shauku Safari Limited reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third-party suppliers, such as airlines, providers of accommodation and entry fees and other third-party suppliers, in respect of the services.
4.2. Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of Shauku Safari Limited for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final, conclusive and binding on Shauku Safari Limited and the client, and accordingly not subject to appeal.
4.3. All payments to be made by a client to Shauku Safari Limited shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Shauku Safari Limited by way of direct transfer. The client shall provide Shauku Safari Limited forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference for the booking shall at all times be reflected on the proof of payment.
4.4. All payments due by a client to Shauku Safari Limited shall be made no later than 3 working days after confirmation of a booking by a client.
4.5. Although Shauku Safari Limited strives to ensure that all rates displayed on sites are correct and accurate, Shauku Safari Limited reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Shauku Safari Limited, on demand.
5. ITEMS INCLUDED AND NOT INCLUDED IN THE BOOKING
5.1. Items NOT INCLUDED in booking
Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the a foregoing, the costs of insurances, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, flights, emergency evacuation, protective gears, equipment, gratuities and beverages, optional meals and any optional excursion not reflected on the booking reservation.
5.2. Items INCLUDED in booking
All the transport, game drive and transfers within Tanzania, Kenya, Uganda in accordance to the detailed itinerary communicated prior between client and Shauku Safari Limited, accommodations in a lodge, hut and/or hotel, meals as per the detailed itinerary, concession and park entry fees, camping fees, crater services, armed ranger salary in case of walking safari within the park, salaries for the staff of Shauku Safari Limited including but not limited to driver, mountain guide, porter, cook in case of a camping trip, packed lunch boxes in case of picnic lunches, mineral water.
6. BOOKING PROCEDURE
6.1. In order to secure a provisional reservation for the services required by a client, the client shall complete in writing and dispatch to Shauku Safari Limited a provisional safari booking reservation form. Booking made over the telephone will not be accepted. Simultaneously, the client shall pay Shauku Safari Limited a non-refundable deposit of 50% (Fifty percent) of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse. Client must provide the correct names of client(s) and for tours and/or safaris, required are the clients full name, nationality, full address and flight arrivals details.
Upon receipt by Shauku Safari Limited of the balance of the monies due from the client 60 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, Shauku Safari Limited may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 10% of the booking, which shall be payable by the client in accordance with these standard terms and conditions.
6.2. The client shall advise Shauku Safari Limited in writing on the booking reservation form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements and refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the client and payable on demand.
6.3. The client shall be provided similar option in case a tour, hotel or lodge is fully booked.
7. CANCELLATIONS AND REFUNDS
7.1. Cancellations of confirmed bookings may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the client in writing to Shauku Safari Limited and shall only be effective on the date of actual receipt by Shauku Safari Limited. The following cancellation fees shall be applicable and shall be calculated by reference to the total booking cost (“TBC”) of the services booked for by the client.
Shauku Safaris Limited entitled to act as agent or principal with regard to the provision of the services.
56 days or more notice is given 75% of the TBC shall be refunded
55 – 49 day notice is given 50 % of the TBC shall be refunded
48 – 42 day notice is given 25 % of the TBC shall be refunded
41 – 35 days or less notice given no refund of the TBC shall be made
7.2. No refunds shall however be made to clients who make bookings less than 35 days prior to embarkation (for this purpose, embarkation shall mean the date on which a client is booked to commence travel or to commence an excursion for which the services are booked whichever is the greater), nor shall refunds be given to clients who arrive early, late or who do not show for a booking. In the event of a client during the course of a booking terminating it for whatever reason, no refund shall be made unless with the prior written approval of a member of Shauku Safari Limited.
Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
7.3. Shauku Safari Limited reserves the right to change or cancel any confirmed booking reservation at any time without prior notice of which the refund will be 100%.
7.4. Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:
7.4.1. Refunds to credit cards: the relevant cancellation fee, less a 5% credit card surcharge and a 50US$ administrative charge.
7.4.2. Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Shauku Safari Limited’s bankers, less a 50US$ administrative charge.
7.4.3. Cash payments: the relevant administration charges, less actual bank charges debited by Shauku Safari Limited‘s bankers, less a 50US$ administrative charge.
8. ALTERATIONS TO ITINERARIES
8.1. Shauku Safari Limited has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure, the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond the control of Shauku Safari Limited.
8.2. Any extra costs and expenses occasioned as a result of an alteration to or
cancellation of itineraries as provided for in clause 8.1 above shall be payable by the client on demand by Shauku Safari Limited.
8.3. Shauku Safari Limited may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behavior of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided shall be payable by the client on demand.
9. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS
The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependents and travelling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveler’s cheques where applicable.
Shauku Safari Limited does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, Shauku Safari Limited shall not be liable for any costs of whatsoever nature occasioned thereby.
10. RIGHT OF RETENTION
Until such time as Shauku Safari Limited‘s has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and entry fees (all of which hereinafter referred to as “the documents”) will not be issued or handed over to the client. The provisions of this clause shall entitle Shauku Safari Limited so as to give it a right of retention or lien in respect of the documents.
11. FORCE MAJEURE
Shauku Safari Limited shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or Shauku Safari Limited failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Shauku Safari Limited; or an event which Shauku Safari Limited or the supplier of services, even with all due care, could not foresee.
12. INSURANCE
12.1. The client shall be responsible for arranging and effecting adequate insurance cover to ensure that he carries comprehensive travel and medical insurance cover in order to cover himself, his dependents and or travelling companions for the duration of the booking for which he has reserved. This insurance cover should include cover in respect of, but not limited to, as a minimum, the following eventualities: any expenses associated with cancellation or curtailment of a booking reservation; emergency evacuation and medical expenses; personal injury, repatriation expenses; damage / theft / loss of personal baggage, money and goods.
12.2. Under no circumstances shall Shauku Safari Limited, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, his dependents or travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged directly for any emergency evacuation, repatriation and medical expenses required by the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.
13. VACCINATIONS & HEALTH
13.1. It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which is booked attend at medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Shauku Safari Limited does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
13.2. Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit for tour or trip. Shauku Safari Limited and its representatives will treat all information in the strictest confidence.
14. LIABILITY
14.1. Shauku Safari Limited are not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event.
14.2. Shauku Safari Limited shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Shauku Safari Limited cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Shauku Safari Limited such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
14.3. Unless: such claim arises from the willful misconduct of Shauku Safari Limited its servants or agents.
15. COMPLAINTS
Client agrees to bring any complaints regarding a tour to Shauku Safari Limited as soon as possible in order to provide Shauku Safari Limited with the opportunity to address such complaint properly. Client agrees to inform the head guide or other designated Shauku Safari Limited representative at the earliest opportunity. Shauku Safari Limited assumes no liability for complaints that are not properly brought to the attention of Shauku Safari Limited with sufficient notice for Shauku Safari Limited to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing by Shauku Safari Limited within 21 days of the end of the tour in question.
16. RISKS ASSUMED
The client consents to the risks inherent in high altitude climbing and in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk.
17. AIR TRAVEL
17.1. Air transportation costs and categories will be client’s responsibility as Shauku Safari Limited does not handle her clients from the ground unless otherwise stated. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Shauku Safari Limited is not responsible for the client’s air travel.
17.2. Shauku Safari Limited cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Shauku Safari Limited on demand.
17.3. Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Shauku Safari Limited cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
18. THIRD PARTY SUPPLIERS
18.1. Shauku Safari Limited makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the tour(s). Although Shauku Safari Limited takes all reasonable care in selecting Third Party Suppliers, Shauku Safari Limited is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of Tanzania and Shauku Safari Limited does not warrant that any Third Party Supplier is in compliance with the laws of the client’s country of residence, or any other jurisdiction.
18.2. To the fullest extent permissible by law, Shauku Safari Limited is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Shauku Safari Limited and its employees. For clarity, neither Shauku Safari Limited nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
19. IMAGES AND MARKETING
The client agrees that while participating in any Shauku Safari Limited trip, images, photos or videos may be taken by other clients and/or Shauku Safari Limited representatives or Guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Shauku Safari Limited, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
20. ILLEGAL SUBSTANCES
Shauku Safari Limited does not allow Clients to carry any type of illegal drugs on any our trips. If the police checks and find illegal drugs in a Client’s bag or on his person, Shauku Safari Limited will not be liable and assume full responsibility for the consequences of carrying illegal drugs in foreign country.
21. PRIVACY POLICY
21.1. Shauku Safari Limited recognizes that many of our clients may wish to take their safari or enjoy their beach resort in an atmosphere of complete privacy and anonymity. If you require special privacy arrangements, please advise us well in advance. We do assure you that the appropriate privacy protection will be put in place to protect your personal information.
21.2. In making the booking client agrees that if necessary, Shauku Safaris Limited may pass their contract details and numbers to any third party connect with the operation of specific tour on which client have been booked. This information will not be used for any other purpose, nor will be it passed to any other parties.
22. SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of the law or being against public policy or any other reason then such term and condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Standard Terms and Conditions to survive and continue as binding.
23. SUCCESSORS AND ASSINGS
These standard Terms and Conditions shall inure to the benefit of and binding upon Shauku Safari Limited and client and their respective heirs, legal personal representatives, successors and assigns.
24. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
No variation or alteration of these standard Terms and Conditions of contract shall be binding on Shauku Safari Limited unless embodied in a written document signed by a member of Shauku Safari Limited. Any purported variation or alteration of these standard Terms and Conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
25. NON-WAIVER
No extension of time or relaxation of any of the provisions of these standard Terms and Conditions of contract shall operate as an estoppels against Shauku Safari Limited in respect of its rights herein, nor shall it operate so as to preclude Shauku Safari Limited thereafter from exercising its rights strictly in accordance with these standard Terms and Conditions.
26. JURISDICTION
26.1. Subject to the provisions of clause 26.3 of this contract, any legal proceedings arising out of or in connection with these standard Terms and Conditions, or any agreement entered into pursuant thereto, shall be instituted in the Court with competent jurisdiction.Generally should any legal dispute arise it must be settled in Arusha – Tanzania where Shauku Safari Limited office base is located and this website is created, maintained and controlled in the United Republic of Tanzania and as such, the laws of the United Republic of Tanzania and the jurisdiction of the Tanzania Courts govern this user agreement and the use or inability to use this site.
26.2. To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 26.1 of this contact.
26.3. Notwithstanding the provisions of clause 26.1 of this contract, Shauku Safari Limited shall have the discretion to institute legal proceedings against a client in any Court with competent jurisdiction under Tanzania laws.
27. DISPUTE RESOLUTION
All disputes’ questions or differences whatsoever which may arise at any time between us relating to the validity, construction or performance of these terms and conditions shall be referred to an Arbitrator in accordance with the Arbitration Act, Cap.15 of the Laws of the United Republic of Tanzania R.E. 2015. Without prejudice the effect of clause 26 of this contract.