By booking or participating in a tour and any related products or services (a “Tour”) with Across Africa Tours you (“you”) agree to these Terms & Conditions (the “Terms”). By booking a Tour you acknowledge that you have read, understand, and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
THE BOOKING CONTRACT
Booking Confirmation and Formation of Contract
1.1 A binding contract between the Client and Across Africa Tours & Travel (“the Company”) shall come into effect only upon the Company’s issuance of a written booking confirmation following receipt of the applicable deposit amount.
1.2 The Client is responsible for reviewing the booking confirmation immediately upon receipt and must notify the Company without delay of any errors, omissions, or discrepancies.
1.3 The Client must ensure that all names and identifying details provided correspond exactly to those shown in the relevant passport(s).
2. Eligibility to Book
2.1 The Client must be at least eighteen (18) years of age at the time of making a booking.
2.2 By making a booking, the Client warrants that they possess the legal capacity to enter into this Agreement.
3. Accuracy of Information
3.1 The Client undertakes to provide complete, current, and accurate information to the Company at all times.
3.2 The Company reserves the right to cancel the booking without liability if the Client provides false, misleading, or incomplete information.
BOOKING ON BEHALF OF OTHERS
Where a booking is made on behalf of one or more additional participants, the individual making the booking (“the Lead Participant”) shall be deemed the authorised representative and primary contact for all persons included in the booking. The Lead Participant shall be solely responsible for: (a) making all payments due in connection with the Tour; (b) communicating any changes or cancellations to Across Africa Tours & Travel (“the Company”); and (c) ensuring that all participants are kept informed of relevant details. By making such a booking, the Lead Participant represents and warrants that they have obtained all necessary consents from the other participants. The Lead Participant is further responsible for ensuring that all information provided on behalf of any participant is true, complete, and accurate. The Company shall not be liable for any errors, omissions, or inaccuracies in information provided by the Lead Participant, nor for any consequences arising therefrom.
SPECIAL REQUIREMENTS
All special requirements, including but not limited to mobility limitations, medical needs, food allergies, and dietary restrictions, must be disclosed to Across Africa Tours & Travel (“the Company”) at the time of booking. The Company will make reasonable efforts to accommodate such requirements; however, given the nature of the destinations visited, logistical constraints, and the availability of services outside the planned itinerary, accommodation of such requirements cannot be guaranteed. Certain activities may be unsuitable or inaccessible to participants with mobility impairments. The Company does not warrant that dietary needs or restrictions can be met at all times during the Tour. Any special requests or requirements are acknowledged solely on a goodwill basis, are not incorporated into these Terms and Conditions, and do not form part of the contractual obligations between the Client and the Company. The Company shall have no liability for any inability to accommodate or fulfil such requests.
AGE REQUIREMENTS
For the purposes of these Terms and Conditions, any person under the age of eighteen (18) years on the date of commencement of travel shall be deemed a minor. Minors must, at all times, be accompanied by a parent or legal guardian or by an adult who has been duly authorised in writing by the minor’s parent or legal guardian. Unless otherwise specified in the Tour description or expressly confirmed in writing by Across Africa Tours & Travel (“the Company”), the minimum permitted age for minors participating in any Tour is eight (8) years.
All bookings involving minors are subject to the prior review and written approval of the Company. Where the consent of a parent, legal guardian, or any other person is required by applicable law for a minor to travel, the accompanying adult shall be solely responsible for obtaining all such consents, permits, and documentation and for ensuring that both they and the minor(s) satisfy all legal requirements for travel, entry, and departure in all relevant jurisdictions. The Company shall bear no responsibility and shall not be liable for any costs, losses, or damages arising from any failure to secure such consents, permits, or documentation.
Each adult participant travelling with a minor or minors under the same booking shall be jointly and severally responsible for the conduct, supervision, and welfare of such minor(s) and shall be deemed to have accepted these Terms and Conditions on behalf of the minor(s), including all acknowledgements of risk and limitations of liability contained herein. The Company does not provide care, supervision, or chaperone services for minors and expressly disclaims any duty of care beyond that required by applicable law.
BOOKING AND PAYMENTS
To secure a booking with Across Africa Tours & Travel (“the Company”), the Client shall pay a non-refundable deposit equal to thirty percent (30%) of the total Tour price at the time of booking. This deposit shall be treated as a “Lifetime Deposit” and may be applied toward a future booking with the Company in accordance with the Company’s Lifetime Deposit Policy, subject to the Terms and Conditions in effect at the time of rebooking.
The remaining balance of the total Tour price must be received in full no later than twenty-one (21) business days prior to the scheduled departure date. Failure to remit the balance by the specified due date may result in the cancellation of the booking without refund of the deposit, and the Company shall have no liability for any resulting loss.
Payments may be made by debit card, credit card, bank transfer, Apple Wallet, Zelle, Venmo, or PayPal. The Client shall be responsible for any bank charges, transfer fees, or payment processing fees associated with their chosen method of payment.
CANCELLATION BY THE PARTICIPANT
The Client may cancel a booking by providing written notice to Across Africa Tours & Travel (“the Company”). The effective date of cancellation shall be the date on which the Company receives such notice. Any cancellation fees shall be calculated as a percentage of the total price paid for the cancelled Tour, product, or service, excluding any amounts paid for travel insurance products, and shall be determined in accordance with the schedule set forth below.
Cancellation Schedule:
(a) Ninety (90) days or more prior to departure: The Company shall retain the Lifetime Deposit in accordance with these Terms and Conditions. All other amounts paid toward the cancelled product or service shall be refunded to the Client.
(b) Thirty (30) to eighty-nine (89) days prior to departure: The Company shall retain the Lifetime Deposit in accordance with these Terms and Conditions. Fifty percent (50%) of the remaining amount paid toward the cancelled product or service shall be refunded to the Client; the balance shall be forfeited.
(c) Less than thirty (30) days prior to departure: The Company shall retain the Lifetime Deposit in accordance with these Terms and Conditions. No further refund shall be payable to the Client.
GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TRAVEL AGENCY
A Tour departure date offered by Across Africa Tours & Travel (“the Company”) shall be deemed a “Guaranteed Departure” once at least one booking for that departure has been secured by the payment of a valid deposit. The Company guarantees that all scheduled Guaranteed Departures booked and secured with a valid deposit shall operate as confirmed, subject to reasonable itinerary modifications in accordance with these Terms and Conditions or for bona fide health and safety considerations. This guarantee shall not apply in circumstances constituting Force Majeure.
Tour dates and itinerary details are available on the Company’s official website or upon request. Printed brochures and other promotional materials containing such information are subject to change and shall not be relied upon as a binding representation for the purposes of this guarantee.
If the Company cancels a Tour prior to the scheduled departure date for reasons other than Force Majeure, and such cancellation is not attributable to the fault or negligence of the Client, the Client shall be entitled to choose one of the following remedies:
(a) A substitute Tour of equivalent or higher value, where available; or
(b) A substitute Tour of lesser value, if no equivalent or superior Tour is reasonably available, together with a refund of the difference between the price paid for the original Tour and the substitute Tour; or
(c) A full refund of all monies paid to the Company in respect of the cancelled Tour.
The Company shall not be liable for any incidental expenses or consequential losses incurred by the Client as a result of a Tour cancellation, including but not limited to costs of visas, vaccinations, non-refundable transportation, non-refundable parking or accommodation fees, loss of earnings, or loss of enjoyment. The Company reserves the right, at its sole discretion, to issue a full refund in lieu of the above remedies.
Where, after departure, a material component of a Tour cannot be provided as described in the itinerary, the Company shall make reasonable efforts to arrange suitable alternative services. If such alternatives are not available or are reasonably rejected by the Client, the Company may, at its discretion, refund the unused portion of the Tour in respect of the affected services.
CHANGES
Changes Made by the Company
Across Africa Tours & Travel (“the Company”) reserves the right, at its sole discretion, to amend, revise, or otherwise modify any aspect of a Client’s itinerary where reasonably required. If the Company makes a change that affects at least one (1) in every three (3) full days of the itinerary, or otherwise materially alters the nature or character of the Tour, product, or service in its entirety (a “Material Change”), the Company shall provide the Client with written notice as soon as reasonably practicable, provided that there is sufficient time to do so prior to departure.
Where a Material Change is made more than fourteen (2) days prior to departure, the Client may elect one of the following remedies:
(a) Accept the Material Change and proceed with the amended Tour, product, or service;
(b) Transfer the booking to another Tour, product, or service of equal or greater value, if available, subject to payment by the Client of any difference in price;
(c) Transfer the booking to another Tour, product, or service of lesser value, if available, with a refund to the Client for any difference in price; or
(d) Cancel the amended Tour, product, or service and receive a full refund of all monies paid for the land-only portion of the affected Tour, product, or service (excluding any amounts paid for other products or services not subject to the Material Change).
The Client must notify the Company of their election within seven (2) days of receipt of such notice. Failure to do so shall constitute deemed acceptance of the amended itinerary.
After the commencement of a Tour, itinerary changes may be required due to unforeseen circumstances, operational considerations, or concerns for the health, safety, comfort, or enjoyment of participants. Such changes shall be made at the sole discretion of the Company. The Client acknowledges and agrees that they are responsible for maintaining adequate financial resources to cover any incidental or additional expenses that may arise as a result of such changes, and the Company shall not be liable for the Client’s failure to prepare adequately or for any unforeseen circumstances encountered during travel. The Company shall not be liable for any indirect, incidental, or consequential losses resulting from changes to a booking or itinerary.
Changes Made by the Client
The Client is solely responsible for ensuring that all information provided to the Company is accurate, current, and complete. Any changes to the Client’s name on a booking are subject to the Company’s prior written approval. All other booking modifications are subject to availability, the Company’s approval, these Terms and Conditions, and the payment of any additional costs incurred as a result of such changes, together with any applicable administrative fees.
The cancellation of any Tour, product, or service included in a booking shall not constitute a “change” for the purposes of this section and shall instead be governed by the Company’s cancellation policy. No changes to a booking shall be permitted within ten (10) days prior to the scheduled departure of the first Tour, product, or service in the booking.
MINIMUM PARTICIPANT REQUIREMENT & SOLO TRAVELER SUPPLEMENT
All tours are subject to a minimum number of participants as specified in the tour description. In the event that the minimum number is not met, the Company reserves the right to: (a) cancel the tour and provide a full refund of all monies paid; (b) offer the Client the option to reschedule to an alternative departure date; or (c) operate the tour on the originally scheduled date subject to the application of a solo traveler supplement or other surcharge as necessary to cover additional operating costs.
Where the Client elects to proceed under option (c), the applicable solo traveler supplement shall be automatically applied to the Client’s booking and shall become payable as part of the final balance. The Company shall provide written notice of such changes within a reasonable period prior to departure.
ACCEPTANCE OF RISK
Assumption of Risk
The Client expressly acknowledges and agrees that travel, including but not limited to adventure travel, involves inherent risks to health, safety, and property. By participating in any Tour, product, or service provided by Across Africa Tours & Travel (“the Company”), the Client affirms that they have carefully considered such risks and voluntarily assumes full responsibility for all risks, both known and unknown, associated with travel, including but not limited to: visiting foreign or remote destinations; participating in physically demanding or high-risk activities; carriage by watercraft; participation in “extreme sports”; and travel in countries or regions with developing infrastructure or limited health and safety standards.
The Client acknowledges that standards of hygiene, accommodation, transportation, and medical care in certain destinations may be lower than those reasonably expected in their home country. The Client releases the Company, its employees, agents, and suppliers from all claims, liabilities, and causes of action for any loss, damage, injury, or death arising from such inherent risks, except where prohibited by applicable law.
2. Compliance with Laws and Conduct
The Client must comply at all times with the laws, regulations, and customs of all countries and regions visited. If, in the reasonable opinion of the Company, the Client engages in illegal conduct or behavior that causes, or is likely to cause, danger, distress, or material annoyance to others, the Company may immediately terminate the Client’s travel arrangements without refund. All costs resulting from such termination, including but not limited to transportation, accommodation, meals, and incidentals, shall be borne solely by the Client.
3. Damage to Property
The Client shall be liable for any costs, including repair, replacement, and cleaning fees, incurred by the Company or its suppliers as a result of damage to, destruction of, or theft of property caused by the Client. The Client must promptly report any pre-existing damage to a Company representative and to the relevant accommodation, transportation provider, or facility staff upon discovery.
4. Health and Safety Obligations
The Client agrees to take all reasonable precautions for their own safety, including the proper use of safety devices such as seatbelts, harnesses, flotation devices, and helmets, and to comply with all posted signs and oral or written health and safety instructions. The Company and its third-party suppliers shall have no liability for any loss or damage resulting from the Client’s failure to comply with such instructions or warnings.
5. Complaints Procedure
The Client must promptly notify the Company of any complaint during the Tour to allow the Company an opportunity to address the issue. Complaints should be directed to the Tour Leader, another Company representative, or the Company’s customer service department. The Company assumes no liability for complaints that are not properly communicated during travel. Any complaint made after completion of the Tour must be submitted in writing to the Company within thirty (30) days of the final day of travel under the relevant booking.
THE TRAVEL AGENCY IS NOT LIABLE FOR THIRD-PARTY SUPPLIERS
Across Africa Tours & Travel (“the Company”) engages the services of independent third-party suppliers, including but not limited to accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour guides, local guides, and other service providers (collectively, “Third-Party Suppliers”) for the provision of certain components of the Client’s booking. Third-Party Suppliers may, in turn, retain the services of local operators and subcontractors.
While the Company exercises reasonable care in the selection of Third-Party Suppliers, it does not own, operate, or control such entities, does not supervise their day-to-day operations, and shall not be liable for any acts, omissions, errors, or negligence of such Third-Party Suppliers or their subcontractors. All services provided by Third-Party Suppliers are subject to the terms and conditions imposed by those suppliers, including but not limited to tariffs, conditions of carriage, tickets, vouchers, and any applicable international conventions and agreements governing the provision of their services. Such terms and conditions may limit or exclude the liability of the relevant Third-Party Supplier.
The Client acknowledges and agrees that Third-Party Suppliers operate in compliance with the laws of the jurisdiction in which they operate, and the Company does not represent or warrant that such suppliers comply with the laws of the Client’s country of residence or any other jurisdiction.
To the fullest extent permitted by law, the Company shall not be liable for, and shall not assume responsibility for, any claims, demands, losses, damages, costs, or expenses of any nature—whether direct, indirect, incidental, or consequential—arising from inconvenience, loss of enjoyment, disappointment, distress (whether physical or mental), frustration, or any other cause resulting from the act or omission of any person other than the Company or its employees acting in the course of their employment.
IMAGES AND MARKETING
The Client acknowledges and agrees that, during participation in any Tour, photographs, images, or video recordings (collectively, “Images”) may be taken that depict or feature the Client. Such Images may be captured by other participants, Across Africa Tours & Travel (“the Company”), or its employees, agents, contractors, or representatives.
The Client hereby grants to the Company, its affiliates, contractors, subcontractors, licensees, and assigns a perpetual, worldwide, royalty-free, irrevocable, and transferable license to use, reproduce, publish, distribute, display, transmit, adapt, modify, and otherwise exploit such Images, in whole or in part, in any form or medium now known or hereafter devised, for any lawful purpose whatsoever, including but not limited to marketing, advertising, promotions, publicity, and the creation of promotional materials, without any further notice, approval, or compensation to the Client.
The Client waives any right to inspect or approve the final use of such Images and releases the Company from any and all claims, demands, or liabilities arising out of or in connection with the use of such Images, to the fullest extent permitted by law.
PRIVACY POLICY
Collection of Personal Information
Across Africa Tours & Travel (“the Company”) collects personal information from Clients solely to the extent necessary to arrange, deliver, and manage Tours, products, and services, and to comply with applicable legal and regulatory requirements. Such personal information may include, without limitation, the Client’s name, address, contact details, date of birth, passport or identification details, travel preferences, payment information, and any other information reasonably required to provide the requested services.
Use of Personal Information
The Company uses personal information for the following purposes:
(a) to process bookings and payments;
(b) to arrange and deliver the requested Tours, products, and services;
(c) to communicate with the Client regarding bookings, itinerary changes, and related matters;
(d) to comply with legal and regulatory obligations; and
(e) for marketing and promotional purposes, where the Client has provided explicit consent in accordance with applicable law.
Disclosure to Third-Party Suppliers
The Client acknowledges and agrees that certain personal information may be disclosed to independent third-party suppliers, including but not limited to accommodation providers, activity operators, airlines, transportation companies, and other service providers (“Third-Party Suppliers”), where such disclosure is necessary to facilitate the provision of the requested services. The Company is not responsible for the privacy practices of Third-Party Suppliers and encourages Clients to review their respective privacy policies.
International Data Transfers
The Client acknowledges that personal information may be transferred to and stored in jurisdictions outside of the Client’s country of residence, where data protection laws may differ from those in the Client’s home jurisdiction. By booking with the Company, the Client consents to such transfers, provided that appropriate safeguards are implemented to protect the Client’s personal information.
Data Retention
The Company shall retain personal information only for as long as is reasonably necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying legal, accounting, or reporting requirements.
Security of Personal Information
The Company takes reasonable technical, administrative, and physical measures to protect personal information against loss, theft, unauthorised access, disclosure, copying, use, or modification. However, the Company cannot guarantee absolute security and shall not be liable for any unauthorised access beyond its reasonable control.
Client Rights
Subject to applicable law, the Client may have the right to:
(a) access and obtain a copy of their personal information held by the Company;
(b) request correction or updating of their personal information;
(c) request deletion of their personal information;
(d) object to or restrict the processing of their personal information; and
(e) withdraw consent to the processing of their personal information for marketing purposes.
All such requests must be submitted in writing to the Company at the contact details provided on its official website.
Consent
By providing personal information to the Company, the Client expressly consents to its collection, use, processing, storage, and disclosure in accordance with this Privacy Policy and any applicable laws.
Amendments to Privacy Policy
The Company reserves the right to modify this Privacy Policy at any time. Any amendments shall be posted on the Company’s website and shall take effect ten (10) days after posting. Continued use of the Company’s services following the effective date of any amendments shall constitute acceptance of the updated Privacy Policy.
AMENDMENTS
Across Africa Tours & Travel (“the Company”) reserves the right, in its sole discretion, to modify, revise, or amend these Terms and Conditions at any time. Any such amendments shall be effective ten (10) days after the date on which the amended Terms and Conditions are posted on the Company’s official website.
An up-to-date copy of the current Terms and Conditions, as amended, shall be available for review at all times on the Company’s website and may be provided to the Client upon written request. The Client shall be deemed to have accepted any such amendments on the date that is ten (10) days following their posting on the Company’s website.
The Company strongly recommends that the Client review the Terms and Conditions prior to travel to ensure awareness of the most current provisions in effect.
