Itineraries, holidays, and services provided are subject to the "Terms and Conditions" as described here. It is imperative that these are read carefully and fully understood before booking. Changes to these "Terms and Conditions" can only be made, in writing, by one of The Company Directors.
1. Contract
1.1 When a booking is made with Mokimoh Adventure Tanzania either through an intermediary Agent or direct, a contract is entered into with Mokimoh Adventure Tanzania, referred to here as “us” or “The Company”.
2. Reservations and Payment
2.1 A 40% deposit is required on booking. A booking shall only be considered confirmed by us on receipt of the 40% deposit. The deposit is due within 31 days of making the booking and there shall be no binding contract until the deposit has been received into our account as stated on the invoice issued. Failure to remit the deposit on time will result in automatic change of status from provisionally held/confirmed to provisional-only (possibly entailing subsequent wait-listing or even inability to reinstate the booking when the deposit is finally received).
2.2 The balance of payment is due at least 31 calendar days prior to first day of service provision. Failure to receive the balance by that date shall automatically cancel the booking. Any refund then due from deposit monies held shall be at our discretion, subject to a minimum handling fee of US$180 per client.
2.3 “Day of Service Provision” shall mean midnight/midnight on the stipulated date of service provision.
2.4 Any booking made within 31 days of first providing services shall be accepted provided:
• Space is available;
• Payment is received;
• Documents, if required, can be delivered prior to departure 2.5 The Company shall not be responsible for wire transfer charges.
2.6 Money paid by clients to a Travel or other Booking Agent for on passing to the company shall not be deemed received by The Company (and no liability shall be incurred) until written notification has been received by the Travel/Booking Agent from The Company that such monies have been received. 2.7 Please note that: –US$ bills printed prior to the year 2009 are not accepted by any Bank in Tanzania so we are unable to accept US$ bills printed prior to the year 2009.
3. Cancellation Charges and Refunds
3.1 Any cancellation must be made to The Company’s Tanzania office in writing. A telephone call should be made to check that notice of cancellation has been received.
3.2 Cancellation charges shall apply as follows:
a) 18% of total cost if cancelled more than 60 days prior to first day of service provision.
b) 45% of total cost if cancelled 60-30 days prior to first day of service provision.
c) 70% of total cost if cancelled 30-15 days prior to first day of service provision.
d) 100% of total cost if cancelled 14 days or less prior to first day of service provision.
3.3 Cancellation charges shall apply on a full board rate, plus excursions and any other activities as booked.
3.4 Cancellation charges shall be levied on other products booked through The Company in accordance with the terms and conditions of the provider of the other product.
3.5 In the event of a “no show”, the booking shall be treated as cancelled and cancellation charges shall apply per 3.2.d above.
3.6 In the event of a cancelled booking being reinstated by the client, such shall be subject to space availability and the cancellation fees shall be waived, less a US$200 per person handling fee.
3.7 Any request to change or amend a booking once confirmed shall be accommodated, if possible, subject to space availability.
3.8 No refunds shall be given:
a) For lost travel time or necessary substitution of facilities, especially by virtue of force majeure.
b) For itineraries necessarily amended after departure, especially by virtue of force majeure.
c) For circumstances beyond The Company’s control which necessitate alternative arrangements being made to ensure safety and/or further participation or enjoyment.
d) If the client does not appear for any accommodation, service, or excursion without notifying The Company.
e) If the client chooses to leave early after the first day of service provision.
3.9 Group Bookings: Should one or more guest cancel within a group booking, then the normal schedule of cancellation charges shall apply subject to: Any refund paid to the person/those not able to travel shall be calculated so as not to incur any resulting surcharges for those member/s of the party still travelling (unless The Company is notified, on demand, in writing that such surcharge is acceptable to all remaining travelers in the group).
3.10 Travel Agent and Trade Bookings: Travel agent and trade-related bookings, if booked at discount (whatever such discount may be) are subject to the normal cancellation charges once confirmed
4. Changes/Cancellation by The Company
4.1 The Company must unfortunately reserve the right to make changes, where unavoidable, to itineraries, holidays, and services both before and after a booking is confirmed.
4.2 It is essential to understand that local conditions in Africa are not always predictable and border closures, poor road conditions and other occurrences can and do from time-to-time cause delays, frustrations and diversions from the planned itinerary. Should such occurrence occur, before or during the holiday, The Company shall do its best to minimise inconvenience but:
4.2.1 In the event of a “significant change”, example: where the destination has been changed, the client shall be advised as soon as possible and, if pre-departure, given the option – in the case of The Company’s own products – of accepting the changed arrangements (with balance payment due to The
Company if more expensive, or refund due to the client if less expensive) or cancelling the booking and receiving a refund of 85% of all payments made at the time of cancellation, subject to a minimum of US$200 per client. (In the case of refunds from third party accommodation or services, these shall be subject to the terms and conditions of the third-party service provider).
4.2.2 If a “significant change” occurs during the holiday, The Company shall do its utmost to provide alternative arrangements with balance payment due to The Company if more expensive than the
original arrangements or refund due to the client if less expensive. In the event of these not being acceptable to the client (such acceptance not to be unreasonably withheld) The
Company shall refund the balance of monies remaining unused from the portions of the itinerary which pertain to The Company’s own products (less transfers to the departure point) subject to a cancellation fee of US$250 per person. (In the case of refunds from third party accommodation or services, these shall be subject to the terms and conditions of the third party service or accommodation provider but The Company shall do its utmost to obtain suitable refund on the client’s behalf). 4.2.3. The Company has the right to make a “minor change” to an itinerary, holiday or service (for instance where daily
4.3 If cancellation is unavoidable by The Company (for reason other than client’s failure to pay) then the client shall be given the option of purchasing another itinerary, holiday or service (with any cost difference either to be paid or refunded) or receiving a full refund of all monies paid at the date of cancellation.
4.4 Some itineraries, such as photographic workshop safaris or set departures, operate subject to a minimum number of bookings. The Company shall not cancel for lack of numbers less than 6 weeks before
departure.
5. Force Majeure
5.1 In the event of a situation/occurrence of Force Majeure (meaning any circumstance beyond The
Company’s reasonable control, including [but not limited to] acts of God, explosion, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, requisition, sickness, quarantine, government intervention, weather or other untoward occurrence), The Company shall immediately notify the client of the nature and extent thereof but shall not be in breach of these terms and conditions or liable in any way (by way of delay or non-performance of any of The Company’s obligations) to the extent that such is due to any force majeure
5.2 In circumstances of force majeure, The Company shall have the right to vary or cancel any itinerary, holiday or service. Refund, if due, shall be at the discretion of The Company although all reasonable endeavour
shall be used to reimburse the client wherever possible, less reasonable costs. If, under circumstance of force majeure The Company, after due deliberation, deems the itinerary, holiday, or service to be able to proceed then no refund shall be payable.
6. Transportation
6.1 Only safari-prepared 4 wheel drive vehicles are used on safari. The Company reserves the right to employ the services of sub-contractors. Highly trained and experienced driver/guides are provided. All Company
guides speak English. No vehicle may be driven by a client at any time
6.2 Carriage (by land, sea and air) is subject to the terms and conditions of the carrier and to International Conventions, some of which limit liability. Land, sea and air travel are also subject to operational decisions of carriers and ports which may result in cancellation, delays or diversions over which The Company has no control and for which The Company can accept no liability whatsoever.
6.3 Carriage by ferry to or from Zanzibar Islands is not advised by The Company on the basis of safety. The Company will not purchase any ticket for ferry travel on behalf of clients, Travel Agents or Trade Partners.
Any Company guide assisting clients to directly purchase tickets for ferry travel to or from Zanzibar at the ports of Dar, Zanzibar, Tanga or Pemba is not liable for passenger safety and both he and The Company can accept no liability whatsoever.
7. Accommodation
Accommodation is normally quoted based on two persons sharing a twin room or tent. Single occupancy may attract a supplemental single occupancy charge. Hotels, Lodge and camps are named as an indication of category and, whilst The Company shall endeavour to actually use the named establishment, rooms may be reserved at similar establishments without liability or refund. Published prices are based on tariffs and other costs prevailing at the time of printing and are subject to change without notice. Accommodation includes Tourist Development Levy and VAT unless otherwise indicated.
8. Cost Inclusions/Exclusions
8.1 Inclusions: The price of ground arrangements includes: All current local taxes, accommodation, meals, park fees, excursions, transfers and use of a safari prepared 4-wheel drive (with driver/guide) as specified only.
CLIENTS SHOULD CHECK INDIVIDUAL ITINERARY DESCRIPTIONS.
8.2 Exclusions: Normally excluded from the price of ground arrangements, unless otherwise specified, are: Airport departure taxes, visas, inoculations, insurance, gratuities (tips), laundry*, alcoholic and non-alcoholic beverages*, items of a personal nature.
These items marked with * are included on some itineraries, either for the full itinerary or part of same. CLIENTS SHOULD CHECK INDIVIDUAL ITINERARY DESCRIPTIONS.
8.3 The Company, whilst endeavouring not so to do, must reserve the right to make surcharges when these are unavoidable, for instance due to currency fluctuations or revisions of local taxation. Such surcharge will be notified in writing by email and must be paid within 14 days of notification. Non-payment may be construed as an act of cancellation and subject to these terms and conditions.
9. Children Policy
9.1 Children of any age are welcome, with adult supervision. Note however, that certain activities may not allow children:
• Gorilla/chimp tracking is NOT allowed for children under 12 years;
• Walking safaris are NOT advised for children under 12 years and prohibited for children under 8 years by Company policy;
• Private wilderness camping is NOT advised for children under 5 years.
• Children under the age of 12 sharing a room with two adults generally pay 50% – 70% of the rate quoted except on air, rail, safaris, adventure programmes or balloon safaris. Children under 7 are not permitted in any tree hotels and most tented camps. Some wildlife lodges and tented camps accommodate a
maximum of 2 persons. Other restrictions may apply from time to time. Children rates are available on request
9.2 Clients are advised to enquire at the time of booking on permitted activities should there be any children in the party.
9.3 Park fees and accommodation costs are generally lower for children. These reductions will be highlighted in our itineraries prior to booking.
9.4 Company properties, Company staff and third party accommodation or service providers do not provide baby sitting or child minding services and a responsible adult must accompany children at all time throughout the itinerary.
10. For Clients Information
10.1 The Company and its agents act as a booking agent in all matters relating to hotel and lodge accommodation, tours, airlines and flight charters, bus companies, ground transportation, boat owners and other independent contractors providing accommodation, transportation, activities and/or other services, each of which is an independent corporation outside The Company’s control and each of which has it’s own terms and conditions. As such, The Company shall not be liable for injury, delays, loss or damage in any manner.
10.2 The Company’s liability to passengers carried in its own vehicles is governed by the laws of the country in which the tour takes place and no other country
10.3 All claims are subject to the jurisdiction of the courts of the country in which the actual service or accommodation was provided.
10.4 The Company reserves the right to employ sub-contractors for all or part of its services; in the event of such right the terms of this clause apply.
10.5 Whilst every care is taken, The Company cannot be held responsible for loss or damage to baggage.
10.6 As provided for elsewhere in these terms and conditions, The Company reserves the right to cancel any itinerary, holiday or service or any part of it, to make such alterations in the itinerary as deemed necessary or desirable, to refuse to accept or to retain as a member of any programme any person at any time and to pass on to programme members any expenditure occasioned by delays or events beyond The
Company’s control. In case of any appreciable variation in costs, right is reserved to adjust rates.
11. Health and Risks
11.1 Yellow Fever and Cholera vaccinations are mandatory in many African countries. Other inoculations, including but not limited to Tetanus, corona, Polio, Typhoid Meningitis and Hepatitis may also be recommended. Advice should be sought from a reputable travel clinic or medical practice in good time before departure, responsibility for so doing lies solely with the client. 11.2 There is a risk of malaria in many African countries, prophylactics are recommended. Advice should be sought from a reputable travel clinic or medical practice in good time before departure, responsibility for so doing lies solely with the client.
11.3 Client’s attention is drawn to the fact that there are certain risks inherent in participating in the type of itinerary, holiday and service provided by The Company (by dint, inter alia, of its location and the adventurous nature of some activities). The Company shall not be liable for illness, injury or death sustained on an itinerary, holiday or service sold by it which is not due to gross negligence of The Company, its officers, employees, authorised representatives or agents whomsoever.
11.4 Mountain Climbs: Client’s attention is drawn to the fact that climbing mountains, especially above normal altitudes that prevail in client’s county/locality of origin, is inherently dangerous. Proper medical advice should be sought in good time before booking.
12. Insurance
12.1 It is a condition of booking that all clients are individually insured, either through their Travel Agent or independently. In all cases, The Company shall be provided with details of client’s insurance, including 24- hour emergency contact number/s, at the time of booking, or as soon as is reasonably practicable
thereafter, and it is the client’s responsibility to ensure that the insurer is aware of the destination and the type of activity to be undertaken. Insurance should cover, at least:
• Personal accident including death and disability;
• Medical expenses;
• Repatriation;
• Trip curtailment/cancellation;
• Loss of personal effects.
12.2 The Company is able to arrange Flying Doctor or similar medical evacuation cover (which it strongly recommends) on behalf of clients and will do so on request, adding the cost into the price of the holidays, unless instructed otherwise.
12.3 Client’s insurance company should always be informed, and proper advice sought, before booking an itinerary which includes trekking or mountain climbing.
13. Travel Documents
13.1 It is the client’s responsibility to ensure that all travel documents and vaccinations are current and valid for the journey in Question
13.2 The Company shall not be responsible for any delay, interruption or cancellation resulting from client’s failure to provide required documentation to immigration or other authorities at any time.
14. Complaints and Disputes
14.1 If there is cause for complaint whilst on holiday, whether with The Company’s products or any other product for which The Company has made booking as an agent, then this must be brought to the
attention of The Company’s Tanzania office who will do their best to rectify the situation. Our office contact telephone number is a 24 hour line. It is unreasonable to take no action whilst on holiday and then write a letter of complaint upon return; The Company cannot accept any liability in relation to any complaint or problem if such is not notified to The Company’s Tanzania office at the time of occurrence. Should the problem remain unresolved by The Company, third party contractor or product, a complaint should be made in writing to The Company’s Tanzania office within 28 days of completion of the itinerary, holiday or services provided by The Company.
15. Special Requests
15.1 Clients should advise The Company of any special request (for example: special diet or on account of physical disability) at the time of enquiry or confirming a booking. The Company will do it’s utmost to meet such requests wherever possible.
16. Brochures and Information
16.1 All information published by The Company, whether as brochure, written material, electronic or otherwise is correct (to the best of The Company’s knowledge) at the time of going to press but the right is reserved to change the same. Photographs and information depict typical scenes and detail but the actual subject matter depicted may not be seen or experienced whilst on holiday. In respect to this, while all wildlife shown is native to the National Parks and countries in question, The Company cannot
guarantee sightings of all wildlife shown as this can depend on season/time of travel and geographic location of each itinerary.
17. Terms and Conditions
17.1 These terms and conditions govern the relationship between the Company and it’s clients to the total exclusion of any other terms and conditions. No alteration to these terms and conditions may be made by any of The Company’s employees (whether spoken or written), authorised representatives or agents
unless in writing by one of The Company’s Directors. All decisions subject to The Company’s discretion shall be made by one of The Company’s Directors.
18. Conditions of Booking
18.1 Whilst on holiday, clients are requested to always comply with the instructions of The Company’s representatives.
18.2 Any client who shall be or become, in the opinion of any representative of The Company:
• incapable of caring for him/herself.
• objectionable to others or Company staff; • a hazard to him/herself
or others;
shall not be permitted to continue the itinerary, holiday or service provided by The Company and, in such event, the booked arrangements may be terminated without any liability on either The Company’s behalf or that of the supplier/contractor concerned.
18.3 Please remember that booking an itinerary, holiday or service with The Company is entering into a binding agreement that assumes all the terms and conditions herein mentioned are fully understood.
19. Proper Law
19.1 The construction, validity, and performance of any Agreement, including these terms and conditions, between the client and The Company shall be governed by the laws of Tanzania and the parties submit to the exclusive jurisdiction of the Tanzanian courts.