Our Terms & Conditions Of Business
1. the contract
The following booking conditions form the basis of your contract with Africa Collection UK Limited (in accordance with English Law) whose registered office is Chancery House, 30 St Johns Road, Woking, Surrey, GU21 7SA and the contract will be effective once we have issued a confirmation/invoice for a confirmed booking. No verbal discussions can override or vary these Booking Conditions unless we confirm them in writing.
2. your financial protection
Holidays with flights: The air holidays and flights in our brochure and on our website are ATOL Protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 6514. For further information, visit the ATOL website at www.atol.org.uk.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme.
You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Holidays without flights: In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992 we protect all payments made to Africa Collection via our membership of ABTA (Y5882), in respect of the travel arrangements offered by Africa Collection UK Ltd and to cater where necessary for a refund of such monies and/or your repatriation to the UK in the unlikely event of our financial failure.
For bookings made 8 weeks or more before the first service being provided a deposit of 15% of the total booking value is required. The balance of the payment is due no later than 8 weeks prior to the first service being provided. Failure to pay the balance by the date shown on your confirmation/invoice may result in your booking being cancelled, with cancellation charges applying. For bookings made within 8 weeks of the first service being provided, full payment is due at the time of booking. Please note that we levy a 2.0% charge to accept American Express cards, and a 2.0 % charge for all other credit card payments. There is no charge for debit card payments (Maestro / Switch, Solo & Visa Delta). Cheques must be made payable to Africa Collection UK Ltd. We are not responsible for postal delays.
Please Note: In some instances airlines require full payment of the airfare at the time of booking & charge 100% of the airfare in the event of cancellation, and other service providers sometimes require larger than usual deposits (e.g. over peak periods) – you will be advised of such conditions at the time of booking. When a part payment equal to more than 15% is made prior to 8 weeks before the first service being provided, that part payment is deemed to then form the deposit for the purposes of section 5. CANCELLATION BY YOU.
Prices are based upon the prevailing rates and conditions at the time of booking. We reserve the right to change our prices. Rates are subject to surcharges on government action, fuel and currency. We are obliged to absorb 2% of any surcharge. Should the price increase by more than 10% you will be entitled to cancel with a full refund of any money paid, provided you have advised Africa Collection within 14 days of the date of the revised confirmation / invoice. The above conditions require financial commitment on our part therefore we regret, that in the event of the pound strengthening in value since the issue of our confirmation / invoice, no reductions will apply.
5. cancellation by you
The date of cancellation will be deemed to be the date we receive the written instructions of the cancellation. You will be liable for cancellation charges in accordance with the following scale, based on the number of days prior to the first service we have booked for you, of the date of cancellation:-
Less than 15 days prior - 100% of total holiday cost
28-15 days prior – 90% of total holiday cost
41-29 days prior – 70% of total holiday cost
55-42 days prior – 50% of total holiday cost
56 days or more prior – loss of deposit
Any variations or changes to these conditions are at the discretion of each service provider. On occasion there may be a variation to the flight portion cancellation fee, as mentioned in section 3.PAYMENT – these are available on request. If the reason for your cancellation is covered by your insurance policy you should be able to make a claim and recover your cancellation fee. If you cancel a portion of your arrangements you will be charged the cancellation fee on the portion cancelled.
6. amendments by you
Any amendments made after the confirmation / invoice has been issued, but before the full balance has been paid will be charged at £ 25.00 per amendment, in addition to any fees levied by the individual service provider concerned. Any amendments made after the full balance has been settled (or is due to be settled) may be adjudged to be a cancellation and rebooking, and therefore potentially subject to the cancellation conditions shown in section 5. CANCELLATION BY YOU of these booking conditions. No credit or refund is available for any unused services once the arrangements have commenced.
7. amendments by us
We reserve the right to make changes to your travel arrangements at any time, as may be occasionally necessary. If the change is minor we will do our best to notify you or your travel agent in advance but we are not obliged to do so. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. If the change is material or significant we will notify you as soon as is possible with your choice of alternative arrangements. Air transportation is by scheduled services. We reserve the right to substitute alternative airlines or aircraft types. Such alterations do not constitute a significant change to your travel arrangements and you will not therefore be entitled to cancel or change your travel arrangements, as a result.
8. our liability to you
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will take the appropriate measures. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases of death, bodily injury or illness, shall be limited to a maximum of 1.5 times the cost of your travel arrangements. Any such claims must be notified in writing within 60 days and it is a condition that you give Africa Collection and our insurers your full co-operation, as well as assigning your rights to pursue any third party.Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport contractual terms, or the international conventions, and these will be provided to you on request.
9. force majeure
Africa Collection shall not be liable for any failure to perform the contract which is due to circumstances beyond the control of Africa Collection or our suppliers, including but not limited to; war; the threat of war; riot; civil strife; industrial dispute; terrorist activity and its consequences; natural &/or nuclear disaster; fire; adverse weather conditions; epidemics & pandemics; technical problems with transport; closure or congestion of airports, ports or roads.
10. complaints & arbitration
Problems or dissatisfaction with any of the accommodation or services we have arranged for you should, in the first instance, be brought to the attention of the establishment or service provider manager. Failure to do so will limit the opportunities for Africa Collection to seek redress on your behalf. If you wish to follow up with Africa Collection, please do so within 21 days of your return to the UK.
We are a Member of ABTA, membership number Y5882. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. We are also members of AITO (the Association of Independent Tour Operators) who operate a similar scheme, further information can be found at www.aito.co.uk.
11. bookings made through a travel agent
If you book through an agent, any money that the agent accepts from you is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times but subject to the agent’s obligation to pay this to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted by the agent, will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. 1
12. passport, visa & immigration requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
13. travel insurance
We strongly advise that you have adequate insurance cover in place at the time of making your booking. Your insurance should include cover for cancellation or curtailment of your holiday as well as the cost of repatriation in the event of death, accident, injury or illness.
14. brochure &/or website accuracy & images
Every effort has been made to ensure that the information contained in our brochure and on our website is accurate, and that the images used reflect the current appearance of the hotels / lodges and their surroundings. However, please bear in mind that the brochure may have been produced some time before you travel, and that hotels and their surroundings change periodically, sometimes without our knowledge. E&OE.