We handle our trips in an informal,
casual way and try to be accomodating and flexible to your wishes and problems.
There have never been legal problems and everyone usually parts company as friends
and keeps in touch, but we are a small company and, like everyone else, we have
to protect ourselves. Also we believe it is in your interest to know exactly where
you stand.
So, please read the following carefully!
DISCLAIMER:
Though prepared with great care, information shown in the you-africa.com webpage
is for reference purposes only. We do not accept any liabilities for any changes,
errors or omissions nor for any resultant or consequential charges or liabilities
incurred by any organization or individual.
TERMS AND CONDITIONS OF BOOKING:
1) RESERVATIONS AND PAYMENTS
A) Reservations should be made by contacting you-africa.
B) Safaris are booked and confirmed only on receipt of a 10% advance payment of
the basic safari rate. This advance payment is due within ten (10) days of making
the reservation. There shall be no binding contract until the advance payment
has been received by you-africa. Failure to remit your advance payment on time
will result in an automatic change of status of any confirmed space to a provisional
basis and the possible inability to reinstate your reservation. When you-africa
receives your advance payment, a booking reference number will be assigned and
noted on your original invoice. This number shall be deemed to constitute acceptance
and confirmation of your booking. Your wire transfer authority will act as your
receipt.
i) It is necessary to furnish us with a copy of the confirmation of your transportation
arrangements before we confirm our portion of your travel plans. You-africa cannot
be held liable for any penalties or losses incurred as a result of voluntary or
involuntary changes to transportation schedules.
ii) Payments should be made by wire transfer. Bank and account details will be
supplied in our initial correspondence.
C) The balance is due on arrival at the holiday destination.
D) You-africa will not commence the tour if full payment has not been received
on the first day.
E) You-africa will not accept responsibility for wire transfer and / or overnight
mail charges.
F) Special airfares are capacity controlled and often sold out months in advance.
In addition, many accommodations offered by you-africa have a limited capacity.
It is essential to make reservations well in advance to insure your preferred
arrangements.
2) CANCELLATION AND REFUNDS
A) Any cancellation of a booking must be in writing and shall only be effective
upon its acknowledged receipt by you-africa. Cancellation charges shall apply
in the following circumstances: Cancellation 60 to 31 days prior to the safari
starting date, 5% of the total program cost is forfeited. Cancellation 30 days
or less prior to the safari starting date and "no shows", 10% of the total safari
cost is forfeited to include handling fees and liquidated damages for you-africa.
B) If you are a "no show", you-africa shall be entitled to treat your reservation
as canceled without having given you-africa any notice, and the provisions of
Paragraph 2(A) shall apply.
C) Any request to amend or change a booking once it has been confirmed may be
accommodated subject to space availability.
D) No refunds are given (1) for lost travel time or substitution of facilities,
(2) for itineraries amended after departure, (3) for circumstances arising beyond
the control of you-africa, necessitating alternative arrangements being made to
ensure the safety and / or further participation and enjoyment of your safari,
(4) if you do not appear for any accommodation, service, sightseeing or trip segment
without notifying you-africa, or (5) if you leave your safari after it has begun,
or miss any scheduled sightseeing, activities, meals or accommodations.
3) RISKS
A) You-africa draws your attention to the fact that there are certain inherent
risks involved in travel. You will be required to sign a Release to acknowledge
this warning and also to release and hold harmless you-africa from any damages
that may result.
B) Although we will try to help and advise you whenever possible, it is your sole
responsibility to take all appropriate medical advice prior to departure as to
whether or not you are fit enough to undertake the trip booked. You-africa shall
not be liable for any illness, injury or death sustained on a safari sold by you-africa
which is not due to the gross negligence of you-africa, its officers, employees,
authorized representatives or agents whomsoever.
4) FORCE MAJEURE
A) "Force Majeure" means, in relation to you-africa, any circumstances beyond
the reasonable control of you-africa (including, but without limitation, acts
of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage,
insurrection, civil disturbance, or requisition, sickness, quarantine, government
intervention, weather conditions or other untoward occurrences).
B) If you-africa is affected by Force Majeure it shall forthwith notify you of
the nature and extend thereof.
C) You-africa shall not be deemed to be in breach of these terms and conditions
or otherwise be liable to you, by reason of delay in performance, or by non-performance,
of any of its obligations hereunder to the extent that any such delay or non-performance
is due to any Force Majeure.
D) If you-africa is affected by Force Majeure it shall be entitled to, and may
in its sole and absolute discretion, vary or cancel any itinerary or arrangement
in relation to the trip. Payment of any refund by you-africa to you as a result
of the non-performance of any of the obligations of you-africa hereunder shall
remain in its sole and absolute discretion, although you-africa shall use its
reasonable endeavors to reimburse you where possible.
E) Regarding civil unrest, once you-africa has investigated the prevailing situation
as it deems fit, it shall remain in the sole discretion of you-africa whether
to proceed with the trip. You may in such circumstances cancel the trip. However,
if, after having made all reasonable and proper inquiries, you-africa is of the
opinion that the trip may proceed, no refund will be payable to you and the provisions
of Paragraph 2 shall apply.
5) INSURANCE
You-africa recommends that you consider the following types of insurance which
are commercially available: We will assist and advise you if requested. Emergency
Medical Evacuation, Major Medical, Accidental Death and Disability, Loss of Personal
Effects
6) EXCHANGE RATES
Rates used in the safaris are based on tariffs and exchange rates valid at the
time of advertising safaris. Because of possible fluctuations in exchange rate,
you-africa reserves the right to recalculate the safari cost based on the exchange
rate. Any refund made by you-africa shall be in its absolute and sole discretion.
7) TERMS AND CONDITIONS
These terms and conditions govern the relationship between you-africa and you.
To the total exclusion of any other terms and conditions. No alterations to the
terms and conditions may be made by any unauthorized employee of you-africa, authorized
representatives or agents, unless in writing by an authorized employee of you-africa.
All decisions and matters subject to the discretion of you-africa shall be made
by an authorized officer or employee of you-africa.
8) CARRIAGE BY LAND, SEA AND AIR
A) Carriage by Land, Sea and Air is subject to the terms and conditions of the
carrier with whom you travel and to international conventions some which may limit
liability. Land, Sea and Air travel are also subject to operational decisions
of carriers and sea ports which may result in cancellations, delays or diversions,
over which you-africa has no control and for which you-africa accepts no liability
whatsoever.
B) The passenger contract in use by the airline carriers concerned, when issued,
shall constitute the sole contract between the transportation companies and the
purchaser of these programs and / or the passengers.
9) BAGGAGE
Temporary or permanent loss of baggage is the responsibility of you or the carrier.
10) TRAVEL DOCUMENTS AND VACCINATIONS
It is your responsibility to ensure that passports, visas, travel permits, health
certificates, inoculations, international driving license, or other documentation
required for the trip are obtained and are in order. It is your responsibility
to meet any additional costs incurred by yourself or by you-africa on your behalf
as a result of any failure by you to comply with such requirements. Anti-malaria
precautions should be commenced prior to departure, if travelling to Madagascar
. Please consult us or your physician for more details.
11) SPECIAL REQUESTS
You must advise you-africa of any special requests, i.e. diet, facility or physical
handicap, when you submit your reservation request to you-africa, which will be
met if possible.
12) INFORMATION IN BROCHURES / ELECTRONIC ADVERTISEMENTS
All information given in any brochure or otherwise advertised, (including electronic
advertisements on the Internet) is, to the best of you-africa’s knowledge, correct,
but you-africa reserves the right to change same. The photographs reproduced and
information provided depict typical scenes experienced and details on each destination;
but the subject matter may not necessarily be seen or experienced while visiting
that destination.
13) PHOTOGRAPHY
You-africa reserves the right without further notice to make use of any photography
or film taken on this safari by any staff member, safari guide or operator for
general purposes without payment or permission.
14) DISPUTES
If you have any cause for complaint while on safari, you must immediately bring
it to the attention of you-africa, who will attempt to resolve the situation.
15) CONSENT
The payment of the advance payment OR any partial payment for a reservation on
a safari constitutes consent to all provisions of the conditions and general information
contained in any brochure (electronic or otherwise), invoice and travel documents.
The terms under which you agree to take these safaris cannot be changed or amended,
except in writing, signed by an authorized officer or employee of you-africa.
16) CONDITION OF BOOKING
You shall comply with instructions of any representative of you-africa, safari
guide or local ground operator at all times. No client shall be accepted or be
permitted to continue on a safari while their status or mental or physical condition
is, in the opinion of any representative of you-africa, safari guide or local
ground operator, such as to render them incapable of caring for themselves or
make themselves objectionable to other safari clients or become a hazard to themselves
or other safari clients and you-africa will not be responsible for expenses by
such persons precluded from completing the safari for this reason.
17) NOTICE OF ENFORCEABILITY
Please remember, when you book travel related services with you-africa, you are
entering into a binding agreement that assumes all terms and conditions are fully
understood as stated in this document.
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