BOOKING CONDITIONS

GENERAL INFORMATION

All Africa Miracles tours are based upon hotel, lodge or tented camp accommodation and as such do not require any level of strenuous effort unless stated otherwise. This said, Africa is, for the most part, a developing continent. It is therefore important to understand and accept that even the most meticulously planned safari or travel arrangements can go wrong and that conditions can dictate that there may be moments of discomfort and delay to your journey. Clients booking any of the arrangements in our tariff, implicitly accept the above and make any such booking subject to the booking conditions and general information within this tariff. It is our policy to constantly review the services of the handling agents, hotels, lodges and camps we use. We cannot however, be held responsible for the results of delays and alterations, other than in these circumstances outlined within our booking conditions.

SPECIAL NEEDS

We will endeavour, wherever possible to meet any special needs that our clients may have. In the case of special dietary requirements, most hotels, camps and lodges within the region are prepared (given sufficient notice) to cater for these. For persons who are disabled in any way, we will do our utmost to cater for whatever needs may apply. We do require advance notice of any requirements, so please ensure that we are made aware at the time of making a booking.

PRICES

All prices on the web site are correct at the time of publishing. However, these are subject to increase in cases of force majeure, Government Tax and Park Entry Fee increases and fuel surcharges. The correct price will be advised at the time of booking. Prices will also be quoted separately where tours run from one season into another.

AFRICA MIRACLES BOOKING CONDITIONS

1. BOOKING, AGENTS LIABILITY, DEPOSIT, REFUNDS AND MINORS

1.1 A booking of any of the arrangements offered on this website or in a separate quotations may be made by you verbally provided it is immediately confirmed in writing by E-mail (“Booking”) (provided always that for the purposes of the payment of the Deposit and/or the Price the time that the Booking shall be deemed to have been effected shall be the time that the AM organised tour (“Tour”) was booked verbally and not the time that it was confirmed in writing).

1.2 A deposit of an amount requested by AM’s duly authorised member of staff at the time of Booking shall be payable immediately upon receipt of your Booking.

1.3 The person who shall make the Booking hereby warrants that he or she is duly authorised to do so and does so on behalf of all of you.

1.4 If a Booking shall be made or brokered through a travel or booking agent (“Agent”) such Agent hereby agrees to be bound by these conditions and confirms that it makes any Booking as a fully authorised agent for and on behalf of each member of the party. To the extent that AM shall incur any loss or damage arising directly or indirectly from the Agent’s signing the Booking on behalf of each member of a Tour, the Agent shall immediately indemnify AM against any such claims, costs, demands and expenses whatsoever and whatsoever made.

1.5 Each of you shall joint and severally indemnify AM against any claims, costs, demands and expenses whatsoever and whensoever made by any of you who may be a minor (that is under age of eighteen years) arising out of or in connection with the Tour.

1.6 An itinerary specifying the details of your Tour, will be sent to the person making the Booking as soon as is reasonably practicable following receipt by AM of your Booking (the “itinerary”).

1.7 If AM is unable to confirm you on a tour, it will refund you your Deposit in full. However, it is possible that AM may not be able to confirm you on the precise itinerary stated by AM in the Itinerary in which event, if AML proposes (what it considers to be) a reasonably similar alternative to that requested by you prior to the Due Date (as specified below) then it will not refund you the Deposit.

1.8

All prices for tours are calculated on costs prevailing at the date of your Booking although AM reserves the rights to change such prices without notice up until the Due Date (as defined below).

2. FINAL PAYMENT

2.1 The total cost of the Tour as specified in the Itinerary (the “Price”) shall be paid so as to be received in cleared funds by AM not later than 60 days before the date of such Tour (the “Due Date”) except when the date of your Booking is less than 60 days before the departure of your Tour, in which event full payment shall be due immediately upon receipt of AM’s invoice. Availability of the Tour is dependent upon your having paid the Price in accordance with this condition.

2.2 In the event that the Price shall not have been received by the Due Date, AM reserves the right to cancel the Tour or as a condition of providing the Tour to recost the Itinerary (including imposing a surcharge in respect of our additional costs).

2.3 Provided that the Price shall have been paid by the Due Date AM shall be bound unconditionally to the Price quoted from that time unless the Price shall be affected by any factor beyond the control of AM which frustrates this Agreement in which case AM reserves the right to adjust the Price accordingly.

3. CANCELLATION/ALTERATIONS

3.1 If you wish to cancel or alter your Booking you must do so in writing in which event the following fees or percentages will be charged, calculated with reference to the date of receipt of notification in writing, or E-mailing by AM. If such Booking shall be cancelled or (in the opinion of AML) be altered materially by you AM reserves the right to charge the following cancellation fees unless stated otherwise on the confirmation or invoice. Exception herein are bookings of flights, these are 100% non-refundable unless stated otherwise in the confirmation or invoice.

3.1.1 within the period to 56 days of the date of the commencement of the Tour, a fee of 15% of the total land arrangements

3.1.2 within the period of 56 to 42 days of the date of commencement of the Tour, a fee of 35% of the total land arrangements;

3.1.3 within the period of 42 to 30 days of the date of commencement of the Tour, a fee of 65% of total land arrangements;

3.1.4 within the period of 42 to 14 days of the date of commencement of the Tour, a fee of 90% of total land arrangements;

3.1.5 within the period of 14 days up to the date of commencement of the Tour, a fee of 100% of the Price.

3.2 Your Deposit and any other payments on account will be applied against your liability under sub-clause 3.1, otherwise towards the part payment of the Price if for any reason it had not been paid in full by the Due Date.

3.3 In respect of the balance of the Deposit and other payments on account not retained by AM pursuant to the preceding two sub-clauses, AM will refund such amount to you less:

3.3.1 Any charges that have been made for reservations which have already been contacted, any cancellation fees imposed by hotels, lodges or transporters and for any other expenses which AM may have incurred.

3.4 In relation to any request by you to alter your Tour after it has commenced, whilst AM will use its reasonable endeavours to implement such request, you will be liable for any cancellation or additional charges that may be levied for the Tour originally booked.

3.5 AM reserves the right at anytime and without incurring any liability whatsoever or howsoever to make changes to your Tour arrangements (including flights, accommodation, transport or services), to offer substitute facilities (in AM’s view) of equal value and reputation, or to cancel any scheduled tour. If AM shall cancel the Tour it shall make a full refund of all land arrangements except in respect of any cancellation caused by war or threat of war, insurrection, riots, strikes, civil actions, decisions by governments or governing authority, natural disaster, bad weather, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers or other similar circumstances beyond AM’s control.

4. WHAT THE PRICE INCLUDES

4.1 The Price includes:

4.1.1 transport including excursions from hotels (such as launch trips and game drives) as indicated in the Itinerary;

4.1.2 accommodation with meals as specified in the Itinerary;

4.1.3 government hotel taxes;

4.1.4 hotel service charges;

4.1.5 sight-seeing, game bird walks as specified in the Itinerary

4.1.6 the cost of all charter flights indicated in the Itinerary and any scheduled flight indicated in the Itinerary as being included in the Price.

4.2 The Price does not include:

4.2.1 visa fees and international and domestic airport taxes (unless indicated otherwise in the Itinerary, gratuities (other than service charges specified in sub-clause 4.1.4 above), beverages, laundry and other items of a personal nature, any communications cost (such as telephone calls or fax transmissions);

4.2.2 any supplementary charges imposed by hotels/lodges;

4.2.3 any Park (or other) entry fees except where these are specifically quoted in the Itinerary.

5. ACCOMMODATION

5.1 Without any acceptance of liability for failure to do so, AM shall endeavour to book rooms for you with private baths on the basis of two persons sharing a double room. Single rooms shall be available at a supplementary price. However AM does not guarantee the availability of either a private bathroom or a single bedroom, even when a private bathroom or single bedroom had been specifically requested by you.

5.2 Whilst AM will use its best endeavours to ensure that you stay in the hotel, lodge or camp of your choice, it reserves the right to alter the identity of your destination provided that it shall reserve rooms for you in hotels/lodges/camp which, in its view, are of similar value and standing. AM accepts no responsibility or liability in the event that it has offered the services of an establishment of similar price and standing which have been declined by you.

6. TRANSPORTATION AND GUIDES

6.1 AML shall provide such aircraft, safari minibuses, safari cruisers, cars, four-wheel drive vehicles or coaches as it considers necessary to transport you, based on considerations such as the route to be taken, the condition of the roads and the number of clients on the proposed journey. AML reserves the right to alter any such arrangements made, including the proposed route to be taken.

6.2 AML reserves the right to employ the services of sub-contractors to effect your transportation.

6.3 AML shall provide the services of a driver-guide.

7. AM’S RIGHT OF REFUSAL

7.1 AM reserves the right to:

7.1.1 refuse any Booking from persons whom it considers unsuitable for the type of travel to be undertaken;

7.1.2 decline to accept or retain you as a member of any Tour at any time.

7.2 If AM exercises its right under sub-clause 7.1.2 in circumstances in which you shall not have been in fault, then AM may refund you an amount it considers equitable taking into account all of the circumstances.

8. YOUR RESPONSIBILITIES

8.1 You shall ensure that you have obtained adequate insurance cover against personal accident, medical expenses and loss of your baggage.

8.2 You shall ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travellers’ cheques are in order and that the name that appears on your airline ticket (if relevant) shall be the name that appears on your passport, and that you reconfirm all your international flight departures at least 72 hours prior to departure, unless AM shall have agreed by prior arrangement to reconfirm on your behalf.

8.3 You shall be responsible for informing AM when the Booking is made of any requests for special diets or facilities for the disabled or for any other special needs. Whilst every effort will be made to meet such requests, AM does not guarantee that such requests will be met.

8.4 You shall inform AM when you make the Booking of any medical condition or disability which may materially affect your ability to enjoy or suitability for the Tour.

9. AML RESPONSIBILITIES

9.1 Except where AM shall transport you in its own vehicles, AM and its agents act only as your agent in all matters relating to your transportation or the provision of any other services to you regardless of whether you are transported by aircraft, rail, road, motor-coach, ship, boat or any other means.

9.2 AM shall not be liable for any injury, delay, loss or damage howsoever arising from your transportation, accommodation or from any other services provided to you or from any act or omission of any person (or their sub-contractors agents or employees whether acting within the scope of their contractual obligations agency or employment or not) who shall provide any such service other than for death, injury or illness caused by the negligent acts and/or omissions of AM or its employees and agents (other than air and sea carrier agents performing any domestic, internal or international carriage of any kind) whilst acting within the scope, or in the course, of their employment. The amount of damages AM shall pay to you under this clause shall be such damages as might have been claimed irrespective of death, injury or illness caused by the negligence of AM, its employees or agents as aforesaid as accepted under the laws of the country in which the event giving rise to the loss took place.

9.3 In respect of any other loss not specifically referred to in this clause you, your property and baggage travel entirely at your risk.

9.4 You will keep AM indemnified against any claims except as provided for in this condition.

10. JURISDICTION

All matters concerning these conditions shall be subject to the laws of the Netherlands. You submit to the exclusive jurisdiction of the courts of the Netherlands which shall be the sole forum for the hearing of any claims other than those which shall be referred to arbitration pursuant to clause 11.

11. ARBITRATION

A dispute or difference between us relating to the validity, construction or performance of this agreement shall be referred to an Arbitrator to be appointed (in default of agreement between us) within 21 days of notification of such dispute.