Out of Africa Travel & Golf Ltd Booking Conditions

The following conditions, together with your outlined itinerary and a completed booking form, will form part of your contract with Out of Africa Travel & Golf Ltd (the 'company' or 'Company' or ‘Out of Africa’ shall mean Out of Africa Travel & Golf Ltd: Registered Offices at: 101 Highland Rd, Bromley, Kent BR1 4AA). Your contract is made on these terms and conditions and is subject to English law and exclusive jurisdiction, and is deemed to have been made at Out of Africa's offices.

1. Booking Your Holiday:
(a) To secure your booking please complete and sign the Out of Africa Booking Form enclosing the necessary deposit/full balance as stipulated in our relevant invoice. Clients' holiday booking is accepted as definite once Out of Africa receive the instruction to proceed with the bookings accordingly. Should Out of Africa, for any reason, decide not to accept your booking your deposit will be returned. All payment to us should be made in conjunction with our invoice(s)/statement(s). Clients' failure to pay with-in the timings mentioned on their relevant invoice(s) will give Out of Africa the right to cancel the holiday booking with the loss of deposits and outstanding moneys.
(b) Any special requests should be indicated on the booking form and made in writing. Out of Africa would like to advise clients that we will endeavour to meet the Special Requests, however Out of Africa will not be liable if any Special Request is not met.
(c) All correspondence and other communication will be sent to the address of the first person named on the booking form unless you specify otherwise. If clients request correspondence through a business address, a residential address will also need to be supplied for emergency and security reasons.
(d) Out of Africa will endeavour to assist clients with special requests at all times, however, it is essential that clients inform us, in writing, of any particular physical or other health restrictions that might affect the holiday.
(e) Clients must travel with travel insurance - Out of Africa will provide relevant details on request when the booking of a holiday commences.

2. Amendments and Cancellation:
(a) Amendments By Out of Africa: Great care is at all times taken by Out of Africa to ensure that the information, descriptions and prices given in your final itinerary are accurate at the time of printing, however, changes do occur, and we reserve the right to advise you of a change to your booking before accepting your booking. In all cases Out of Africa makes every effort to operate the holiday as mentioned, however, it is to be understood that in rare circumstances Out of Africa may have to modify a holiday before your departure. Should the change be significant (i.e. change of flight time by more than 12 hours, a change of international airport, unless between airports serving the same city) Out of Africa will notify you as soon as possible. On such notification clients will have the option to either accept such notification, change their booking to another available holiday itinerary or cancel and receive a full refund. Should clients choose another holiday itinerary which is more expensive they will be required to pay the difference - however, should the alternative holiday be cheaper the company will make the appropriate cost alterations.

(b) Cancellation By Out of Africa: Out of Africa reserve the right to cancel your holiday in any circumstances. In this event we will return to you all money you have paid us or will offer you an alternative available holiday to purchase of comparable standard. If clients fail to pay the balance on their holiday invoice by the date stated on the invoice/statement, Out of Africa will treat the booking as cancelled and levy the cancellation charges accordingly. Should Out of Africa be obliged to cancel your holiday in any other circumstances, before departure, we will use our best endeavours to offer alternative arrangements of a comparable standard or will give a full and prompt refund.

(c) Amendments By Client(s): Out of Africa will do its utmost to assist clients should they wish to alter their arrangements, however clients must request their amendments in writing, signed by the signature of the booking form. If your request is made 72 days before departure Out of Africa reserves the right to charge you an amendment fee together with relevant communication charges and other expenses incurred by Out of Africa. If the amendment is received 72 days or less before departure Out of Africa reserve the right to treat the amendment as a cancellation and re-booking and normal cancellation charges detailed below will apply.

(d) Cancellation By Client(s): All cancellations must be advised to Out of Africa in writing, signed by the signature of the booking form. Cancellations are effective on the day they are received by the company - recorded delivery, through the post office, is therefore recommended. Cancellation charges (excluding full holiday insurance premiums) will be payable, depending upon the number of days prior to departure when Out of Africa receives the clients' cancellation details. The following cancellation terms apply (NB: particularly simple/complicated itineraries may be subject to less/additional charges where necessary);

Days Prior to departure When Written Advice of Cancellation Received. % of Holiday Price Payable

Up to 100 days prior  Deposit Forfeit
99 days - 70 days prior  50%
69 days - 40 days prior  70%
39 days - prior or after 100%

3. Price Variation:
Out of Africa reserve the right to increase its prices up to final confirmation and the signing of a booking form. The price of the holiday is, regrettably, subject to the possibility of surcharges in certain limited circumstances. Out of Africa will however, only levy an additional charge to reflect increases in transportation costs (including fuel and/or air fares), dues, taxes (including VAT), services charge (including landing taxes and embarkation/disembarkation fees at ports and airports), exchange rate variations and governments actions. Out of Africa will absorb an amount equal to 2% of the holiday price (except on insurance premiums and amendment charges) before passing on surcharges to the client. NB: when a surcharge is payable there will be an administration charge of £1 per person. If a surcharge results in an increase in the holiday cost of 10% or more, a client is entitled to cancel his/her holiday with a full refund of all moneys paid except for any insurance premium and any amount already due for cancellation or amendment charges previously incurred. Should a client decide to exercise the right to cancel under this condition then this must be done in writing within fourteen days of the issue date printed on the surcharge invoice. Any surcharge invoice will be raised at least thirty days prior to date of travel.

4. The Responsibilities of the company:
Out of Africa will always apply all reasonable efforts to secure that your holiday is supplied to you as confirmed. All international airline, domestic airline and ground service details are supplied in the best of faith based on the latest information supplied by the local agents, hotels and ground handlers and airlines accordingly. Out of Africa has taken all reasonable steps to ensure that proper arrangements have been made for all holidays and that the suppliers of the various services provided to you as part of the holiday are efficient, safe and reputable and comply with the local and national laws, regulations of the country in which the client is visiting. However, Out of Africa does not have direct control over the full provision of services to clients by suppliers and cannot be held responsible or liable for death injury or illness caused to clients, unless through negligence of Out of Africa employees, agents, suppliers and subcontractors. The air, train, vehicle and cruise carrier(s) responsibilities are at all times subject to their own Conditions of Carriage. Out of Africa can not be held responsible for any changes to an itinerary and the loss, or expense, due to war, threat of war, riots, civil strife, terrorist activity, delay, sickness, injury, death, weather, strikes, industrial disputes, natural or nuclear disasters, fire, technical problems, closure/congestion of airports or ports, cancellations or changes of scheduled airlines and similar events beyond the company's control, force majeure (unusual and enforceable circumstances beyond the Company's control, the consequences of which neither the Company nor its suppliers could avoid, including but not limited to law, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, flood, fire, adverse weather conditions or the threat of any of these), political activity, quarantine, negligence of the management or employees of any independent contractor or any other failings out of the company control.

5. Personal Injury (unconnected with arrangements through the company):
Clients who suffer from illness, personal injury or death during the period of their holiday arising out of an activity which does not form part of the inclusive holiday or excursions will be generally assisted by the company. If a client then decides to take legal action against the third party responsible and should a successful claim result either from the third party or an insurance policy claim then the client must pay Out of Africa costs incurred in assisting.

6. Insurance:
Under the terms of the contract all clients are required and ultimately responsible for the purchasing of suitable travel insurance to cover themselves, belongings, assistance, repatriation, travel and relevant medical cover. Out of Africa will be able to advise clients on the relevant and proper travel insurance facilities available to clients.

7. Clients' Responsibilities:
It is the responsibility of the client to arrange for all his/her travel documentation including valid and up-to-date passport for entry into the relevant foreign country, all necessary visas, all necessary and relevant health inoculations. Out of Africa can not take responsibility and will not be liable if clients fail to arrange all the necessary travel documentation. Clients will therefore be responsible for meeting any additional costs incurred by reason of such failure. Clients are also responsible for checking-in for all flights at the correct times and for presenting yourself to the relevant local organisers for all pre-booked components of the holiday/travel arrangements. Out of Africa will take no responsibility for clients missing international/internal flights as a result of late check-ins and no credit or refund will be paid if clients fail to take up any component of the holiday. No credits or refunds will be given for mislaid, destroyed or lost travel documents. Should a client be refused admission to a flight or to the destination country or to a hotel facility by an airline, government authority or hotel authority due to behaviour Out of Africa will be powerless to assist and cannot be held responsible. Any passenger(s) considered to be unacceptable under the influence of drink or drugs may be denied boarding an aircraft or other transport vehicle or entry into a country. In these cases Out of Africa shall consider that the person(s) have given their notice of cancellation and shall be under no liability for any costs or charges incurred as a result of doing so.

8. Late Bookings:
Out of Africa recommends booking as early as possible, but appreciates that some clients may have no choice but to book late. Out of Africa can usually book the necessary travel arrangements within one month of departure but we reserve the right to charge the client an additional fee to cover telex, fax, telephone and administration cost if necessary.

9. If you have a problem or complaint:
Should a client(s) have a problem whilst on holiday they must please inform the relevant ground agent, supplier, hotel and local representative immediately - they will endeavour to put things right accordingly. Should your complaint not be resolved locally we ask clients to keep all relevant documentation and signed cancellation/re-scheduling/lack of service documentation informing us, in writing, with-in fourteen days of your return. It is therefore a condition of the contract that you inform any problem to the local supplier of the services in question whilst on holiday. If you have a dispute with Out of Africa Ltd which you are unable to resolve, you may refer the matter to a court of law.

10. Client's Protection when travelling with Out of Africa Ltd: The air holiday and flights in this ‘confirmation document’ are ATOL protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. Out of Africa also have Public Liability Insurance with additional cover in respect of our liability for actions of suppliers or agents as stipulated in the Regulations enacting the EC Directive on Package Travel.