Von Port Elizabeth zur Cape Garden Route (mit Unterkunft) - 4 Tage

Acacia Africa - Booking Terms and Conditions

The contract specified in 1 (b) below (“The Contract”) for any of the

holidays described in this brochure is between all persons named on the

Booking Form (“You”) and Acacia Adventure Holidays Limited (‘the

Company’ and “we” and “our” and “us”), and is made subject to the

conditions below. By booking a holiday with us you agree to be bound by

these Terms and Conditions which govern the relationship, cancellation

policy, and limitations of liability. These Terms and Conditions affect your

rights and designate the governing law and forum for resolution of any and

all disputes.

1. Booking Your Holiday

(a) To secure your booking You should complete and sign the Acacia

Adventure Holidays Booking Form and send the original of this to the

Company or complete the applicable online booking procedure on the

Company’s website or with one of our appointed agents, with a nonrefundable deposit of GBP150 / EUR 200 / AUD250 / NZD300 / USD300 /

CAD300 / ZAR2000 per person (or other amount notified in writing by the

Company) and for holidays visiting the gorillas and chimpanzees, the nonrefundable payment of the appropriate trekking permits. If You are booking

within eight weeks of departure, full payment is required.

(b) Your booking is accepted by the Company and becomes effective only

from the date when the Company has confirmed acceptance to You or

your travel agent in writing and issued a Confirmation Invoice. On that date

The Contract for the holiday will come into effect. If for any reason the

Company does not accept your booking your deposit will be returned.

(c) If You arrange your holiday directly with the Company, all

correspondence and other communications will be sent to the address

specified by You on your Booking Form, which will be that of the first

person named, unless indicated otherwise by You.

(d) 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 it on your behalf until we issue our Confirmation Invoice. After

this, the travel agent holds the monies on the Company’s behalf.

(e) For the avoidance of doubt, all online bookings shall be deemed as

booked in England and subject to these Terms and Conditions.

2.Your Financial Protection

The Company is a member of ABTA (W4093) and is bonded to provide for

your financial protection in the event of the Company’s insolvency. In the

UK all the flights and flight-inclusive holidays in this brochure and on the

Company’s website are financially protected by the ATOL scheme (ATOL

6499). When you pay you will be supplied with an ATOL Certificate. Please

ask for it and check that everything you booked (flights, hotels and other

services) is listed on it. For more information about financial protection and

the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.

3. Amendments and Cancellation

(a) Amendments 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

amending charge of GBP50 / EUR100 / AUD100 / NZD100 / USD100 /

CAD100 / ZAR600 per booking 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. These charges will be payable whether or not

the Company is successful in confirming the amended reservation.

Amendments made by You within 56 days of departure will be treated as

cancellations and re-bookings. The normal cancellation charges detailed

below will then apply. All amendments should be reconfirmed in writing,

signed by the signatory of the original Booking Form.

(b) Transfer of Bookings You may change your booking up to 30 days

before departure by transferring it to another person if you are unavoidably

prevented from travelling and the transferee meets any and all the

conditions which apply to the travel arrangements booked. The right to

transfer is subject to a payment of an administration fee of GBP50 /

EUR100 / AUD100 / NZD100 / USD100 / CAD100 / ZAR600 per person

(plus appropriate holiday insurance premium, if applicable) together with all

additional charges of whatever sort imposed by the suppliers providing the

component parts of the arrangements.

(c) Cancellation by You If You wish to cancel your booking You must

inform the Company in writing (signed by the person who signed the

original Booking Form) sending such written notification to Basement Unit,

23A Craven Terrace, London, W2 3QH. Cancellation will be effective on

the day it is received by the Company. The following charges, in addition to

your deposit and where applicable the gorilla and chimpanzee permit

moneys, will be payable by You, depending upon the number of days prior

to departure date when the Company receives notice of cancellation.

Date when Written Advice Percentage of Holiday

of Cancellation Received Fee Payable

56 days or more prior to departure Deposit

42 to 55 days prior to departure 35% Tour Price forfeit

28 to 41 days prior to departure 50% Tour Price forfeit

14 to 27 days prior to departure 75% Tour Price forfeit

Less than 14 days prior to departure 100% Tour Price forfeit

(d) Roll-on Deposits: If You cancel your booking 56 days or more prior to

departure and that cancellation is not a result of non-payment or other

breach of these Terms, the monies You have paid as Deposit for the

booking will be held as a ‘Roll-on Deposit’ by Us for up to three years after

the date of your booking to which the Deposit relates, subject to our Terms

and Conditions of Booking. Roll-on Deposits may be applied towards

payment of a Deposit on any other Tour offered by Us, subject to seat

availability and to these Terms and Conditions.

If at the expiry of three years after the date of your first booking to which

the Deposit relates You have not applied the Roll-on Deposit to another

Tour offered by Us the monies held by Us as the Roll-on Deposit shall be

forfeited and treated as cancellation fees.

For the avoidance of doubt, only the Deposit amount shall form part of the

Roll-on Deposit. The Roll-on Deposit has no cash value. The same Roll-on

Deposit may be applied once only. Only one Roll-on Deposit may be

applied per person per product booked.

(e) The Company acts as an agent when booking pre or post tour hotel

accommodation and airport transfers. Cancellation of booked

accommodation or transfers will be subject to a fee equal to one night’s

accommodation provided you give at least 14 days’ notice of cancellation.

Cancellation within 14 days will be subject to a fee equal to 100% of the

price You have paid for the transfers and accommodation.

(f) Amendments or Cancellation by the Company.

(i) If You do not pay the balance of the holiday price by eight weeks (56

days) before departure date, the Company reserves the right to treat the

booking as cancelled, and to levy cancellation charges.

(ii) Every effort will be made to operate all holidays as advertised.

However, we do plan the arrangements many months in advance and

occasionally we may have to make changes and we reserve the right to do

so at any time. In very rare circumstances, such as insufficient numbers on

safari holiday departures, 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 its best endeavours to offer

alternative arrangements of a comparable standard or to make a full and

prompt refund for all monies paid by You.

(iii) The Company will not normally cancel any holiday within four weeks of

departure, 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. The Company will then use its best endeavours to offer you an

alternative holiday of comparable standard or make full and prompt refund

of all monies paid to it by you.

(iv) In the rare event of cancellation becoming necessary within four weeks

of departure date for reasons other than the force majeure circumstances

described in the preceding paragraph, then the Company will offer,

whenever possible, comparable arrangements or a full refund of all monies

received by the Company from you. In addition, if the Company cancels a

holiday less than 15 days before departure, compensation of 10% of the

holiday price (excluding insurance premiums, amendment charges and air

fares) will be paid to You.

(v) 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 or unforeseeable circumstances.

(vi) The Company designates selected tour departures as ‘Guaranteed’ at

its discretion. This guarantee is subject to (ii), (iii), (iv) and (v) above and

the Company reserves the right to remove the Guaranteed designation at

any time.

4. Acacia Adventure Holidays Price Policy

(a) All Prices in this brochure are based by reference to currency rates set

out on www.x-rates.com on 02 December 2019. The Company reserves

the right to increase the tour price not less than 30 days before departure,

to take account of: government action, currency exchange rate

fluctuations, increase in fuel costs or ground transportation charges,

although it will absorb an amount equal to 2% of the price of your travel

arrangements as arranged by the Company. The Company reserves the

right to change any of the services, prices, or other particulars contained in

this brochure at any time before we enter into a contract with you. If there

is any change the Company will notify you before you enter into such

contract.

(b) 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 nine weeks (63 days) prior

to your departure date.

(c) Payment of all invoices is due to reach the Company not later than

eight weeks (56 days) prior to 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 airfare and Local

Payment/ Adventure Pass/ Safari Pass (whichever is applicable)

increases.

(d) The financial commitments the Company undertakes in order to offer

this guarantee mean that it may not be able to make reductions in holiday

prices should exchange rates vary from those quoted in clause 4a.

(e) If your holiday is booked within the eight-week period mentioned here,

then your Confirmation Invoice will have detailed the final surcharges (if

any) that are due.

(f) Should any final surcharges exceed 10% of the total price of your

holiday as invoiced at the time when your booking was first made, You are

entitled to cancel your booking within 14 days of the date of issue of our

Supplementary Invoice and obtain a full refund of all payments made to the

Company, except for holiday insurance and any amendment charge

previously incurred. Cancellation advice is deemed to become effective on

the date on which the Company receives this. Cancellations should always

be notified in writing (Recorded Delivery is advisable), and sent to us at

Basement Unit, 23A Craven Terrace London, W2 3QH.

(g) The Local Payment/ Adventure Pass/ Safari Pass (whichever is

applicable) is a payment additional to the Tour Price and is intended to

cover the cost of items listed under the appropriate heading on the relevant

brochure or website page for each tour.

(h) The cash amount given for the Local Payment/ Adventure Pass/ Safari

Pass (whichever is applicable) is the amount due when You pay in U.S.

Dollars cash at the pre-departure meeting in Africa prior to the departure of

the holiday or as otherwise directed by the Company. If You wish to prepay the Local Payment/ Adventure Pass/ Safari Pass (whichever is

applicable), a supplement will be included in the amount payable.

(i) There is an additional mandatory payment on the applicable tours for

the trekking permits for the gorillas and chimpanzees.

5. Responsibilities of the Company

(a) The Company applies all reasonable checks to ensure that those

involved in the preparation and provision of your holiday maintain the

appropriate standards. The descriptions, information and opinions given in

this brochure by the Company are given in good faith, based on the latest

information at the time of going to press. Unless specifically advised to the

contrary by the Company, nothing shown in any brochure 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 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 or suppliers cannot be held responsible for any limitation or

withdrawal of facilities.

(b) (i) Where You do not suffer death or personal injury, we accept liability

should any part of your holiday arrangements booked with the Company in

the United Kingdom not be as described in the brochure and not be of a

reasonable standard, and, subject to (iii), (iv) and (v) 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 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.

(ii) Where You suffer death or personal injury as a result of an activity

forming part of your holiday arrangements with the Company, we accept

responsibility subject to (iii), (iv) and (v) below.

(iii) The Company accepts liability in accordance with (i) and (ii) above and

subject to (iv) and (v) below except where the cause of the failure of your

holiday arrangements 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

holiday arrangements or due to unusual or unforeseeable circumstances

or events which neither we, nor our servants, agents or suppliers could

have anticipated or avoided even with the exercise of full care.

(iv) Where a claim (whether for personal injury or non-personal injury)

arises out of loss or damage suffered during the course of air travel, rail

travel, sea travel, 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 1929 as amended by the Hague Protocol

1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris

Convention 1962, and the Montreal Convention.

(v) The Company’s acceptance of liability in (i), (ii), (iii) and (iv) 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 holiday arrangements 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.

(vi) 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.

(vii) During the Tour You may be offered the chance to purchase various

optional excursions, activities and services. It is important that You

understand that We do not own, operate or control any of the companies

or individuals which provide the optional excursions, activities and

services. If You book optional excursions, activities and services You

contract with the local company providing that optional excursion, activity

or service, and not with the Company. The Company has no legal liability

for anything that goes wrong with such excursions, optional activities or

services and any claim which you might have arising from the optional

excursions, activities and services will be against the relevant local

company and subject to the local company’s terms and conditions,

governed by local law. Neither We nor our employees, agents and

contractors make any representation or warranty in relation to implied or

explicit suggestions or recommendations of optional excursions, activities

and services or any excursion, activity or service or event not highlighted

as included in the Tour. You are responsible for all risks associated with

the transportation to/from, and your participation in, or visitation to, any

place, activity or excursion not listed as an inclusion. Please note that

some of the optional excursions, activities and services, such as rafting,

are inherently dangerous and risky. If You wish to take part in such

optional excursions, activities and services You must be fit enough to do

so and must follow all reasonable instructions. The standards of health and

safety which will be adopted by the company or the individual providing the

optional excursions, activities and services will be those of the country

where the optional excursion, activity, or service, takes place. These

standards may not be the same as You would find in your home country.

The Company acts only as their agent. The Company accepts no liability

for any act or omission of any provider of any optional excursion, activity or

service, or the provider's employees, agents or sub-contractors or for any

losses (whether direct or indirect and howsoever caused) arising

therefrom.

(viii) You should regard as optional all activities and/or excursions

mentioned in this brochure which are not undertaken on a vehicle

belonging to the Company, and are not specifically stated as being

included in the tour price.

(ix) 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 holiday.

(x) The Company’s employees, agents, and representatives have no

authority to vary these conditions.

6. Your Responsibilities

(a) 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 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.

(b) No credit or refund is possible for any unused services included in the

holiday price or Local Payment/ Adventure Pass/ Safari Pass (whichever is

applicable). 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 tour early or before it reaches its final

destination.

(c) 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.

(d) You are responsible for checking-in at the correct time. The Company

cannot accept responsibility if You miss flights or tours as a result of late a

check-in.

(e) 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 everyday lives. Further, You

acknowledge that Your use of electrical charging equipment (for phones,

tablets, cameras etc) on the Tour Vehicle or at any campsite or property on

tour is entirely at your own risk. The Company cannot accept responsibility

for any damage to Your equipment howsoever caused.

(f) It is compulsory that You have personal travel insurance. This policy

must include a minimum cover of £250,000 for medical and repatriation

expenses.

(g) You agree that during the holiday images, photos, or videos may be

taken by other Clients 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 license to

reproduce such images, photos, or videos in any medium for promotion

and publicity purposes.

7. Arbitration, Law and Jurisdiction

Any matters arising from The Contract shall be governed by and construed

in accordance with English law and subject to the exclusive jurisdiction of

the Courts of England and Wales. Should You have a complaint about any

aspect of the Company’s arrangements, the complaint should be reported

immediately to our local representative 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 the Company at 23A Craven Terrace, London W2 3QH within 28

days of the end of your travel arrangements with the Company. If You

have a dispute with the Company which You are unable to resolve, You

may call upon the low cost ABTA Arbitration Scheme (details on request)

which is administered independently by the Chartered Institute of

Arbitrators. If You decide to proceed to Arbitration under this scheme You

must send a written notice of your decision to ABTA within nine months of

your scheduled date of return. Claims which exceed £5,000 per person or

£25,000 per Booking Form, or claims which relate principally or exclusively

to (or are a consequence of) illness or physical injury, are not admissible

for settlement under the Scheme.

8. Data Protection Policy

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 take full responsibility for ensuring that proper

security measures are in place to protect your information. We must pass

on the information to the various relevant suppliers of your travel

arrangements such as hotels, transport companies etc. 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 this country. We will not however, pass

any information to any person not responsible for any part of your travel

arrangements. If we cannot pass this information to the relevant suppliers,

whether in Africa or not, we cannot provide your holiday. In making this

booking, You consent to this information being passed on to the relevant

persons). You are entitled to a copy of your information held by us. If You

would like to see this, please contact us.