Booking Conditions 2012-2013
1. The Booking Process
All persons (the client) making a booking with From Here 2 Timbuktu Ltd. (the company) must complete a booking form, and send it together with a £400 non-refundable deposit per person per trip. Where the price is quoted in euro this £400 is credited as €500 against the trip price. Where the price of the trip is quoted in US$ it is credited as $600 against the trip price.
Clients booking by telephone or e-mail or in writing, will be expected to have read the Booking Conditions and understood them.
Acceptance of the client’s booking will be confirmed by email once the deposit payment has been received. At this point an invoice will be issued for the balance payment. When the balance has been paid the company will issue a Confirmation Invoice, and it is at this point that a contract between the company and the client comes into existence.
The contract is between From Here 2 Timbuktu Ltd and the client, being all the persons named on the booking form. The person completing and sending the booking form warrants that he/she has full authority to do so on behalf of all persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions. No person, other than Guy Lankester, Director of the company, has any authority to vary these Booking Conditions.
Whether the trip is priced in euro € or US $, the deposit payment is in GBP (£sterling) and the balance payment in the currency of the trip. Clients who wish to pay the trip price as a one time payment at the Booking stage may pay the full trip price (including the Booking Fee) in the currency of the trip.
Where trips are priced in £ sterling full payment is in £ sterling.
The balance payment is due two months before the advertised first day of the tour. The client is responsible for any costs incurred in transferring any money due to From Here 2 Timbuktu Ltd. In the case of non payment of the balance 7 days after the due date, From Here 2 Timbuktu Ltd will treat the booking as cancelled by the client.
If a booking is made within 60 days of the first day of the tour, the full amount of the tour price is payable at the time of booking.
The total trip price is the price payable for all components being provided by the company. In addition, the client accepts that he or she may have additional local costs as specified in trip notes.
Flights and visas are not included in any of the trip prices. Please see respective Trip Notes for more information about what is included or not included in the price.
3. Cancellation by the client
A cancellation of the booking by the client must be made in writing. The date of cancellation will be the date on which the cancellation letter is received by the company.
The time period before tour departure will determine the level of cancellation charges made by the company:
60 days or more = loss of deposit.
59-30 days = 40% refund of total trip price minus booking fee.
29-14 days = 20% refund of total trip price minus booking fee.
13 days – beginning of tour = no refund.
(All fees associated with cancellation to be covered by The Client.)
If the reason for cancellation is covered by the client’s insurance, then cancellation charges may be recoverable.
4. Changes to the booking made by the Client
Any change to the original booking must be made in writing by the person who completed the booking form. Any changes can only be carried out depending on availability of alternative or extra services required, and there may also be cancellation charges to any original services no longer required.
Any charges incurred by any of the company’s suppliers as a result of any change will be passed on to the client.
5. Cancellation by The Company
The company reserves the right to cancel a tour if the minimum number of clients required to operate the tour is not reached. The company will not cancel a tour within 60 days of the departure date, except for force majeure, or due to unusual or unforeseen circumstances beyond the company’s control. When a tour is cancelled, the client may choose between a full refund of all monies paid to the company or any alternative tour offered by the company in lieu. If the alternative tour is of a lower value than that originally booked, then the client is entitled to a refund of the price difference, and must pay the price difference for a more expensive alternative tour. The company will only refund monies paid to it, so please note that if non-refundable or restricted flights have been booked, the company will not be responsible for any such losses caused by a cancellation.
6. Changes by The Company
Whilst every effort is made by From Here 2 Timbuktu Ltd to operate all tours as advertised, the company reserves the right to vary or modify a tour, itinerary or its contents at anytime due to prevailing local or operational conditions. The company reserves the right to cancel or change any of the facilities or services offered in its advertising, and to substitute alternative arrangements of comparative monetary value without compensation, and accepts no liability for loss of enjoyment as a result of these changes. If a major change becomes necessary after the client books, From Here 2 Timbuktu Ltd will inform the client as soon as is reasonable prior to departure. A major change is defined as having a great effect on one in four days of the itinerary. When a major change to a tour is made after the client has booked and prior to departure, then the client may choose between accepting the change, obtaining a full refund of the monies paid for the tour, or accepting an
alternative tour offered by the company.
If the major change is due to force majeure or other unforeseen circumstances, whether prior to departure or during the tour, no compensation is payable but the company will do everything it can to provide alternative and comparable arrangements at no extra cost to the client.
7. Substitution of Client
If the client is prevented from travelling due to death, serious illness or injury to the client or a close relative, or because of jury service, or redundancy, then the booking can be transferred to another person provided the person is suitable for the arrangements being made and the substitute client pays any outstanding balance. Written proof will be required of any circumstances when a substitute client is requested. There will be a fee of £300 to substitute the booking and any additional costs incurred will be charged to the substitute client.
The company reserves the right to impose surcharges on advertised prices up to 60 days before departure for the following reasons - exchange rate fluctuations, increased transport costs, government action or increased fuel charges. If the client has already booked onto a trip they will be given the opportunity to either 1) accept the changes or 2) cancel their booking with full refund of all monies paid to the company for the particular trip.
If surcharges are necessary within 60 days prior to the trip the surcharge will not exceed 5% of the advertised trip price. Again, the client will have the option of accepting the surcharge or a full refund.
If the client chooses to pay their balance for the trip more than 60 days before the trip start date the company will accept the date of payment as the beginning of the 5% limit to surcharges.
9. Travel Insurance
Travel insurance is mandatory for all clients on a tour organised by From Here 2 Timbuktu Ltd. The Travel Insurance policy must cover personal accident, medical expenses and repatriation expenses. It is strongly recommended that cover also includes cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury or delay. If an acceptable level of insurance is not purchased then the company may refuse to carry the client. If the client has no travel insurance the client forfeits the right to claim against the company in any way. If the client does travel with inadequate travel insurance cover, the company will have no liabilities whatsoever which may arise due to the failure in taking out adequate insurance. The level of insurance cover must be for a minimum of £350,000 medical expenses, and £50,000 repatriation. The Company will not be liable to meet any expenses should the client’s insurance cover be inadequate in any respect.
Clients should ensure there are no exclusion clauses limiting protection for the type of activities on their tour. In any emergency, if medical expenses exceed level of cover, a money transfer will need to take place from client’s own resources, or from family, friend or other person. The Company has no Travel Insurance liabilities in such a situation, and the client should be aware that the tour price does not include travel insurance. In the event of a tour entering a region not covered by the client’s insurance or the company’s public liability insurance, From Here 2 Timbuktu Ltd will make every effort to inform the Client. If the Client then accepts to continue with the tour they do so at their own risk and the Company can not be held liable.
10. Travel Documentation
It is the client’s responsibility to have a passport valid for at least 6 months, visa permits, air ticket, inoculations and preventative medicines as may be required for the countries visited during the tour. Information about these matters is given in good faith, but without responsibility on the part of From Here 2 Timbuktu Ltd.
11. Acceptance of Risk
The tours operated or supplied by From Here 2 Timbuktu Ltd take clients to remote regions of Africa as the name of the company implies. Tours have been chosen to provide clients with an exposure to the true nature of the environment and the communities in which they are travelling. While it is the experience of the company that the regions visited by our tours are safe, many regions are on “the road less travelled” and there is therefore an element of risk that is different to, but not necessarily greater than, the risks of normal package tours and the risks at home. While the company will never knowingly put the client at risk, the client acknowledges that the trip may involve a level of personal risk such as injury, disease, discomfort, delay or inconvenience beyond the company’s control. It is the client’s responsibility to inform the company if they are unhappy with the risks they are being asked to take.
From Here 2 Timbuktu will never take you to a region where there is known armed conflict. However, the company cannot be held responsible for random acts of banditry or terrorism or political events beyond its control. From Here 2 Timbuktu will make every effort to minimise these risks and to inform clients about what they might expect on a tour. All bookings are accepted by the company on the understanding that the client accepts responsibility for informing themselves of the risks involved.
Where a trip ventures into a region of known risk, the company will inform the client to the best of its knowledge and it is then up to the client to decide to take the risk.
12. Age, Fitness and Flexibility
All clients are expected to satisfy themselves before booking that they are fit and able to complete the itinerary of their chosen tour as described in the tour description. Some tours are suitable for children who are accompanied by a parent or guardian who accepts full responsibility for them. Persons under 18 must make their booking through an adult.
The Client acknowledges the need to be flexible on From Here 2 Timbuktu Ltd tours, and the outline itinerary as given for each tour must therefore be taken as an indication only of what each group may accomplish and as a guide to how the trip is intended to pan out, not as a contractual obligation. It is understood that the itineraries, schedules, routes, transport and facilities may be subject to alteration without prior notice due to unforeseen circumstances which can include climate, politics, government intervention, social unrest, breakdown, flight cancellations, border difficulties, sickness or any other unforeseeable circumstances.
13. Authority on Tour
Whilst on tour with From Here 2 Timbuktu Ltd, the client agrees to accept the authority and decisions of he company and its tour leaders, agents or representatives. The client must comply with the laws and social etiquette of countries visited at all times including customs, foreign exchange and drug regulations. The client is asked to heed the advice and guidance of From Here 2 Timbuktu representatives with respect to local customs and sensitivities. Should the client fail to comply with such laws and customs or should the client’s behaviour adversely affect the safety or well-being of the tour group, the progress of the tour, or the reputation of the company, then the company representative or tour leader may order the client to leave the tour without recourse to any refund.
Violence or threats of violence towards anyone associated with a From Here 2 Timbuktu trip will result in the perpetrator being ejected from the trip immediately with no recourse to a refund.
To protect our clients’ enjoyment of a trip the Company reserves the right to escort back to the starting point of the trip anyone who is considered to be seriously disturbing the equilibrium of the group by 2 out of 3 people involved in the trip. Guy Lankester, the company director, is the only person who can exercise this right.
14. Company Liability and Responsibility
a) The company will accept liability for the negligence of its staff or agents causing death or physical injury to persons, or loss or damage to personal property to its extent under English Law. The Company will not accept liability if there has been no fault on the part of From Here 2 Timbuktu Ltd, or its suppliers, and the cause was the fault of the client, or the actions of somebody unconnected with the tour arrangements or could not have been foreseen or avoided by the company or its suppliers even if all due care had been executed.
b) The company will accept liability to the client if there has not been proper performance of the contract. In such a case the company will pay reasonable compensation, but will not accept liability or pay compensation if there has been no fault on the part of From Here 2 Timbuktu Ltd, or its suppliers, and the cause was the fault of the client, or the actions of somebody unconnected with the tour arrangements or could not have been foreseen or avoided by The Company or its suppliers even if all due care had been executed. Liability is limited to the price paid for the trip. In a case of damaged property, the liability is limited to a maximum amount equal to the amount paid by the owner of the property. In all cases the company specifically excludes all liability for indirect or consequential loss or expense including loss of profits.
c) Where holiday arrangements involve air travel, rail travel, sea travel or hotel accommodation, compensation is limited by the following international conventions respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the Berne Convention 1961,the Athens Convention 1974, and the Paris Convention 1962.
The client is asked to inform the tour leader or representative of the company of any complaint whilst on tour so that the company tour leader or representative can attempt to rectify or improve the situation. Should the problem remain unsolved, the complaint must be made in writing to From Here 2 Timbuktu Ltd within 28 days of the end of the tour.
16. The Contract
This contract is to be construed, and any dispute between the parties determined under the laws of England and Wales. Any such dispute shall be subject to the sole jurisdiction of the courts of England and Wales.
17. Flight delays, cancellation or failure to make a booked flight
The company does not have any responsibility for the client’s flight arrangements or any liability to the client for any flight delay, cancellation or failure to make a flight that may arise.
18. Illness or Disability
If the client suffers an illness or disability or is undergoing treatment for any physical or medical condition, the client must declare the true nature of such a condition at the time of booking, and make arrangements for the provision of any medication or other treatment required during the tour. Failure to make such a disclosure will constitute a breach of these booking conditions and may result in the client being excluded from the tour and forfeiting all monies paid to the company.
19. Food allergies
The Client must notify the company of any food allergies at the time of booking. It is the responsibility of the client to ensure the food that is prepared is suitable. Neither the company nor its suppliers can guarantee compliance with any allergies and the responsibility for compliance is with the client.
Director, From Here 2 Timbuktu LTD
Registered: Cardiff 15/04/08 No: 6565688
Address: 50 Cleeve Drive, Cleeve, Bristol BS49 4NP, United Kingdom
Telephone: +44 (0)117 230 1909. Email: [email protected]