1. General Information
and Booking Conditions
In these Terms &
Conditions, the ‘Company’ shall mean PEARL TOURISM & LEISURE GROUP LTD
(PTLG) cc; a company registered according to the company laws of the England
& Wales.
The ‘Client’ shall mean the
person who has signed a booking form as the Lead Booking Name and each person
named in the booking form.
The ‘Agent’ shall mean the
company, who has signed an Agent’s Contract and is booking a Client to travel
with PTLG.
2. Contract
There shall be no binding
contract between the Company and the Client until the following three
conditions are met:
2.1. The Company Booking
Form has been signed.
2.2 The 20% deposit has
been paid.
2.3
The booking terms and conditions
have been confirmed by the Client.
There shall be no binding
contract between the Company and the Agent until the following three conditions
have been met:
2.4 The Agent Contract
has been signed.
2.5 The booking terms
and conditions have been confirmed by the Agent.
2.6
The minimum of 20% deposit has been paid.
3.
Quotations
PTLG is bound to provide up to TWO quotations WITHOUT
any charges. Any further quotations will be subject to a NON-REFUNDABLE BUT
ADJUSTABLE FEE against final invoice deposit.
4.
Amendments
Any amendments to the reservation post reconfirmation may
attract administration charges at the discretion of PTLG. These will vary
depending upon the changes required.
Rate changes will apply as an extra if applicable.
5.
Cancellation
Cancellation must be made in writing. Upon receipt of
the written notification, we will confirm receipt thereof and this date will
determine the following charges.
21 days to 29 days prior to departure: 30 % of the
total rate
14 days to 20 days prior to departure: 50 % of the
total rate
8 days to 13 days prior to departure: 80 % of the
total rate
Less than 8 days prior to departure: 95 % of the total
rate
Festive seasons and special offers will be subject to
100% CANCELLATION CHARGES.
6.
Travel
Insurance
It is mandatory for the client to be in possession of
a cancellation insurance policy. Please note that if the reason for
cancellation falls within the terms of any holiday insurance policy, which the
client must hold, then any such charges would normally be refunded to the
client by the insurance company, subject to the terms of the insurance.
It is a condition of travel with PTLG that
all guests must have insurance for medical expenses, baggage loss,
cancellation/curtailment, default and personal accident. It will be deemed that
the traveller has bought the suggested insurance cover.
7.
Passport
and Visas
Travel agencies and clients must ensure that passports
and visas are valid for the countries visited. We cannot be held liable or
responsible should a passenger be refused entry into any country for any
reason.
8. Changes and
Delays
By the company: The company shall reserve the right to
change any tour due to unforeseen circumstances (e.g., airlines not running on
schedule, road conditions, weather, mechanical breakdown, accidents and
political instability) beyond our control. The company will try to provide
adequate alternatives but will accept no liability.
By the client: In case the client changes the
itinerary on his own request, the company shall try to accommodate the client,
but may charge cancellation fees. This is subject to a new quotation, which
will be given by the client in writing.
9.
Authority
on Tour
At all times the decision of the tour guide will be
final on all matters likely to endanger the safety and well-being of the group.
The client must at all times strictly comply with the laws, customs and foreign
exchange regulations of all countries visited. Should the client be detected in
any contravention of the law, custom or exchange regulations, or should the
client be a nuisance to the group, the guide may order the client to leave the
tour without the right of refund.
10.
Accidents
While every precaution is taken to ensure the safety
of all persons participating on the tour, the client his/hers, heirs,
dependents, agents, executors or their assignees, hereby irrevocably waive any
rights they may have to claim, any form of compensation for any damages which
the client may suffer due to injury or death whilst on, or at any time after
the tour, from PTLG.
Under no circumstances will PTLG be responsible for
the death or injury or loss, which might occur to such persons sustained from
any case whatsoever. The client hereby indemnifies and holds PTLG harmless
against any and all claims whatsoever the nature.
11. Luggage Allowance
Fly-in safaris have strict
luggage policy. Baggage is strictly limited to one large SOFT bag, weighing a
maximum of 15 kg. Also allowed will be a smaller hand-luggage bag or camera bag
per Client, NOT REGULAR TROLLEY BAGS. These restrictions are essential because
of the nature of the tour. Because overloaded vehicles are inherently dangerous
and cause unnecessary transport problems, potentially endangering Clients and
Company representatives, the Company insists that every Client adhere to these
luggage restrictions.
12.
Health
& Vaccination
It is the client’s obligation to ensure that he is
medically fit and able to embark on the tour. We recommend the vaccination
against Hepatitis before travelling. Anti-malaria precautions should be
commenced prior to departure and clients should bring insect repellents on
tour.
The client shall acknowledge an awareness of the
proposed itinerary and shall confirm that he or she is medically fit, in good
physical and mental health and is able to embark on the tour.
Any client with a pre-existing medical condition or
illness must declare the true nature of such a condition to the Company before
the commencement of the tour. Any failure to declare may result in the
cancellation of his/her booking.
Every client above the age of 65 is required to submit
a medical certificate or self-declaration of medical fitness prior to the
beginning of the tour. In absence of same the client’s fitness to travel is
deemed.
For all Adventure Safaris, there is an age limit of 70
years. For all Lodge Safaris, there is an age limit of 80 years.
Many African countries require yellow fever vaccine
and polio (for children). Please check locally or inquire with us for the
same.
13.
Liability,
Responsibility, Complaints & Claims
The client should get him/herself acquainted with
customary practices. PTLG as well as co-operating agents do act in the capacity
of agents for the clients in all matters and will under no circumstances
whatsoever be responsible and be exempt from any liability for accidents,
injury, delay, loss or damage to property or any other loss or damage from
whatever it may arise.
In the unlikely event that the client has a complaint
against the company, the Company must be informed immediately, in order that an
opportunity is afforded to the company to investigate the situation and provide
redress. If the client has any further complaints, these must be lodged in
writing to the Company within 1 month of the tour end date. If these procedures
are not followed, the Company will not start or continue any such investigation
of said complaint.
All legal action against PTLG, for whatever reason, it
will have to be done within the jurisdiction of UK courts. All tours are
subject to the conditions of the concerned airlines, hotels, restaurants and
all other contractors involved.
14.
Force
Majeure
“Force Majeure” means, in
relation to the Company, any circumstances beyond the reasonable control of the
Company (including, but not limited to, acts of God, explosion, flood, fire,
war or threat of war, sabotage, civil disturbance, quarantine, government
intervention, weather conditions or other unexpected occurrences).
The Company shall not be
deemed to be in breach of these terms and conditions or otherwise be liable to
the Client, 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.
If the Company 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 tour or safari.
No refunds are given for
circumstances arising beyond the Company’s control, necessitating alternative
arrangements being made to ensure the safety and/or further participation and
enjoyment of the tour or safari.
In the unlikely event of a
vehicle breakdown that is beyond the Company’s control and immediate repair,
the Company will arrange to have the spare part sent to the current location in
the fastest possible time. The Company reserves the right to alter the
itinerary accordingly in order to make up any time lost due to any unforeseen
circumstances.
The company reserves the right
to cancel the tour without prior notification and in such an event only agrees
to refund all monies already paid and received from the Client.
15.
Jurisdiction
·
Governing law and venue
The contract is governed by
English law, and any disputes must be brought in the courts of England and
Wales.
·
Exclusive jurisdiction
The courts of England and
Wales have the sole authority to settle any disputes related to this
contract.
