TERMS & CONDITIONS
1. Introduction
We act as Agents for the accommodation provider and any event provider with whom you have booked through us.
These Booking Conditions, and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Wild & Free Zanzibar (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:
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has read these Booking Conditions and has the authority to and does agree to be bound by them;
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consents to our use of personal data in accordance with our Privacy Policy and is authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as personal information, information on health conditions or special requirements);
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is over 18 years of age and placing an order for services with age restrictions declaring that he/she and all members of the party are of the appropriate age to purchase those services;
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accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
We act as an Agent for:
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The sale of accommodation
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The sale of tours & excursions
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The sale of transportation services
2. Booking and Paying for your Arrangements
A booking is made with us when you pay us a deposit (the value of the required deposit will be confirmed to you at the time of booking) or make full payment, if full payment is made at the time of booking, we will issue you with a booking confirmation.
We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and the party / parties for whom we act when we issue you with a booking confirmation.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 8 weeks before departure. Any bookings made within this time limit will require full payment at the time of booking.
If we do not receive this balance in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation charges set out below will apply.
3. If You Wish to Change or Cancel Your Booking
If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an amendment fee of $25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by the accommodation operators in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible.
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Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
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From time to time the cancellation terms applicable to your chosen arrangements may differ from those that are set out above. Where this is the case we will clearly advise you of the applicable cancellation terms, at the time of booking.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Deposits are 100% non-refundable. When the deposit is higher than the % cancellation charge, the higher of the two will apply.
Since we incur costs in canceling your arrangements, you will have to pay the cancellation charges as follows:
Notification more than 60 days before departure: Loss of deposit.
Notification less than 60 days before departure: 100% of holiday cost
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You may be entitled to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall endeavor to provide you with a full refund of the monies you have paid minus the non-refundable deposit, but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” includes warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
Transfers of Bookings
If you or any member of your party is prevented from traveling, that person(s) may transfer their place to someone else, subject to the following conditions:
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that person is introduced by you and satisfies all the conditions applicable to the holiday;
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we are notified not less than 7 days before departure;
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you pay any outstanding balance payment, an amendment fee of $25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
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the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in in this clause will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not traveling or for unused services.
4. If We Change or Cancel Your Booking
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration or change of accommodation to another of the same or higher standard, changes of excursions or recommended party.
Cancellation: We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
If we have to make a significant change to or cancel your holiday, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
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Accepting the changed arrangements or having a refund of all monies paid; or
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accepting an offer of alternative travel arrangements of a comparable or higher standard, if available (at no extra cost)
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
5. Pricing
Our principals reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. They also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
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the price of the carriage of passengers resulting from the cost of fuel or other power sources;
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the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes
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the exchange rates relevant to the booking.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or canceling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
6. Our Responsibilities for Your Booking
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We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organizer”, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this booking. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
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We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
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the acts and/or omissions of the person affected; or
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the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
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Force Majeure
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We limit the amount of compensation we may have to pay you if we are found liable under this clause:
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loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
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Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
7. Insolvency Protection for Your Holiday
In the result of Wild & Free Zanzibar failing, the customer will either (i) still get the holiday, but performed by another agency or (ii) get a full refund. In the result of a supplier failing, we will ensure that the customer receives an alternative product of at least the same standard or quality, or if not (ii) will receive a partial refund for the element that is not performed.
Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
8. Accuracy of Advertising Material
We endeavour to ensure that the descriptions, holiday information and prices both on our website and in our advertising material are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure that you check all details of your chosen arrangements (including the price) with us at the time of booking.
9. Insurance
Adequate travel insurance is a condition of your contract with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information may affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
It is worth noting that most travel insurances become invalid if you have had an alcoholic drink.
10. Special Requests
Any special requests must be advised to us at the time of booking (e.g. diet, room location, a particular facility at a hotel etc.). You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
11. Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided you will not be offered any refund for that part of your holiday not completed. We will not be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
12. Accommodation Ratings and Standards
Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
13. Disabilities and Medical Conditions
We do not act as agents for specialist disabled holidays, but we will do our utmost to transmit any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
14. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events.
15. Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform our agent immediately who will endeavor to put things right. If your complaint is not resolved locally, please contact us on our office number (+27 82 717 4772) or by contacting our destination manager whose contact details are provided to you before you travel.
If the problem cannot be resolved and you wish to complain further, you must send a formal written notice of your complaint to us at our office within three months of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and will affect your rights under this contract.
16. Your Responsibilities
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If the reasonable opinion of any venue or hotel operator or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the operator reserves the right to terminate your booking immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and no expenses incurred as a result of termination will be paid. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel or venue operator, prior to departure.
You will also be responsible for meeting any claims subsequently made as a result of your actions together with all costs incurred in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
17. Visa, Passport and Health Requirements
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your chosen holiday. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
Up to date travel advice can be obtained from https://immigration.go.tz/index.php/entry-requirements
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
18. Delays, Missed Transport Arrangements & other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is canceled, or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under many laws, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 14 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
Our advertising material is our responsibility. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
19. Travelers Under the Age of 18
If you will be under the age of 18 when you travel with us, we will be required to denote the fact that you are not yet 18 years of age.
If you travel with us when you are under the age of 18 you must accept and acknowledge that you may be prohibited from drinking alcohol and may be refused entry to certain venues or activities, in line with the laws and licensing rules of the country to which you are traveling. Please contact us if you have any questions about whether you will be able to participate in any such activities during your trip.
20. Excursions
Excursions or other tours that you may choose to book or pay for on your own are not part of your contracted arrangements with us. For any excursion or other tour that you book separately, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
21. Safety Standards
It is the requirements and standards of the country in which your booked arrangements will take place that apply and not those of your country of origin. These requirements and standards will not be the same and may typically be lower.
22. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be traveling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
23. Conditions of Suppliers
The services which make up your holiday are provided by independent suppliers. These suppliers provide their services in accordance with their own terms and conditions which will not form part of your contract with us.
24. Law and Jurisdiction
These Booking Conditions are governed by Tanzanian law and we both agree that the courts of Zanzibar have exclusive jurisdiction over any dispute, claim or other matter which may arise between us.