STANDARD TERMS AND CONDITIONS OF CONTRACT FOR TRACKS BERG TRAVEL
1. INTERPRETATIONS, IN THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
- The headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.
- 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;
- Tracks Berg Travel is registered in Kenya
- "The client" means the person / s named on the reservation form (whether it be a provisional or confirmed reservation form ) and who contracts with Tracks Berg Travel 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 reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to Tracks Berg Travel for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
- "Services" means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa. Such services include, but shall not be limited to the procurement by Tracks Berg Travel , 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 Tracks Berg Travel, in connection with the services whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
3. TRACKS BERG TRAVEL ACTING AS AGENT ONLY
- In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Tracks Berg Travel acts as agent only for and on behalf of the client in procuring the services. As such, Tracks Berg Travel shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Tracks Berg Travel shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
- All quotations given by Tracks Berg Travel in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Tracks Berg Travel, shall be in the currency of United States of America Dollar. Such quotations shall be inclusive of Kenyan, Malawi, Uganda and Tanzanian value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Tracks Berg Travel 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 transportation and other third party suppliers, in respect of the services.
- 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 Tracks Berg Travel for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on Tracks Berg Travel and the client, and accordingly not subject to appeal.
- All payments to be made by a client to Tracks Berg Travel shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Tracks Berg Travel by way of cash, direct transfer, forex transfer or by credit card. The client shall provide Tracks Berg Travel 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 number for the booking shall at all times be reflected on the proof of payment.
- All payments due by a client to Tracks Berg Travel shall be made no later than 3 working days after confirmation of a booking by a client. All Bookings made through Tracks Berg Travel shall be held as confirmed for a period of 7 days unless a deposit or full payment is received. Any rooms booked by Tracks Berg Travel will be released thereafter and will only be re-instated once a deposit for such booking is made.
- Although Tracks Berg Travel strives to ensure that all rates displayed on sites are correct and accurate, Tracks Berg Travel 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 Tracks Berg Travel, on demand.
5. 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 as referred to in clause 10 below, insurance cover for cancellation and curtailment, repatriation costs, medical expenses, emergency evacuation, gratuities and beverages, optional meals and any optional excursion not reflected on the booking reservation.
- Furthermore, all costs with regard to any complying with any special requirements, as outlined in paragraph 6.2 below, shall be borne by the client.
6. BOOKING PROCEDURE
- In order to secure a provisional reservation for the services required by a client, the client shall complete in writing and dispatch to Tracks Berg Travel a provisional booking reservation form. Simultaneously, the client shall pay Tracks Berg Travel a refundable deposit of 20% (Twenty percent) of which US $ 20.00 plus any other costs that may arise during the refund is non refundable of the quoted cost for the services. In the event of the deposit not being paid aforesaid, the provisional booking shall lapse.
- All invoices should be cleared 14 days prior to the safari date especially for safaris involving flying. All final bills will be issued 21 days prior to travel.
- Upon receipt by Tracks Berg Travel of the balance of the monies due from the client 30 days prior to departure, the provisional booking shall be confirmed. In the event of the client wishing to amend his reservation in any way, Tracks Berg Travel 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 2%, two percent of the booking, which shall be payable by the client in accordance with these standard terms and conditions.
- The client shall advise Tracks Berg Travel 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 where applicable.
7. CANCELLATIONS AND REFUNDS
- 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 Tracks Berg Travel and shall only be effective on the date of actual receipt by Tracks Berg Travel. 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.
- Tracks Berg Travel is entitled to act as agent or principal with regard to the provision of the services. 56 days or more notice 85 percent of the TBC shall be refunded.
- 55 - 49 days notice is given 65 percent of the TBC shall be refunded
- 48 - 21 days notice is given 25 percent of the TBC shall be refunded
- 21 - 7 days or less notice given no refund of the TBC shall be made
- No refunds shall however be made to clients who make bookings less than 30 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 terminating a booking for whatever reason, no refund shall be made unless with the prior written approval of a director of Tracks Berg Travel
- Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.
- Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:
- Refunds to credit cards: the relevant cancellation fee, less a 5 percent credit card surcharge and an administrative charge of US $ 20.00.
- Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by Tracks Berg Travel bankers, less an administrative charge of US $ 20.00.
- Forex transfers: the relevant cancellation fee, less actual bank charges debited by Tracks Berg Travel’s bankers, less an administrative charge of US $ 20.00.
- Cash payments: the relevant administration charges, less actual bank charges debited by Tracks Berg Travel’s bankers, less an administrative charge of US $ 20.00.
8. RIGHT OF RETENTION
- Until such time as Tracks Berg Travel has received payment in full for the services as set out in the confirmed booking reservation, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and transportation (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 Tracks Berg Travel so as to give it a right of retention or lien in respect of the documents.
9. ALTERATIONS TO ITINERARIES
- Tracks Berg Travel 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, fire, adverse weather conditions, governmental interference or any other external circumstances beyond Tracks Berg Travel’s control.
- Any extra costs and expenses occasioned as a result of an alteration to or cancellation of itineraries as provided for in clause 9.1 above shall be payable by the client on demand by Tracks Berg Travel.
- Tracks Berg Travel 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 behaviour 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 for in this sub-clause 9.3 shall be payable by the client on demand.
- 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 dependants 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.
- Under no circumstances shall Tracks Berg Travel, its representatives, employees or members be responsible for any costs, losses incurred or suffered by a client, his dependants or travelling companions with regard to, but not limited to, the above eventualities. Clients will be charged direct for any emergency evacuation, repatriation and medical expenses be the relevant service providers and shall be obliged to settle such charges payable to the relevant service providers concerned.
11. VACCINATIONS & HEALTH
- 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 he is booked attend at his medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Tracks Berg Travel does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.
- 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 to travel. Tracks Berg Travel and its representatives will treat all information in the strictest confidence. Health Warnings: Malaria and Yellow Fever, Health Issues: 'Own Medication Responsibilities, Insurances, Emergency Medical Evacuation Insurance, are all extensively detailed on all Tracks Berg Travel web sites.
12. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS
- The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants 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 traveller’s cheques where applicable.
- Tracks Berg Travel 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, Tracks Berg Travel shall not be liable for any costs of whatsoever nature occasioned thereby. Tracks Berg Travel, Committed to Excellence.