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Real Africa Booking Conditions
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booking form Booking Conditions
realworld-travel.com ltd, trading
as RealAfrica, ( "the company ") accepts bookings subject to the
following conditions:
1. Your Holiday Contract You must
send the company a signed booking form, the person who signs doing
so for all individuals included on the form. The contract is between
the company and the person/s intending to travel/travelling on ground-arrangements
offered by the company. For Air travel the person/s travelling are
contracted to the ATOL holder as detailed on the Confirmation. The
services that we agree to supply are those that appear on your confirmation
invoice. You must check that this is accurate. Special requests
not included on the confirmation invoice do not make up part of
the contract. This contract and all matters arising from it are
subject to English law and the sole jurisdiction of the English
Courts.
2. Secure your booking and payments
A non-refundable deposit of 10%
of the tour price (or £150, whichever is the greater) must be sent
with the signed booking form. If for any particular tour a higher
deposit is required this will be outlined in the tour information.
Acceptance of the booking will be made in writing by the company,
at which point a contract comes into existence. The balance of the
tour price is due 56 days before departure, and should this payment
not arrive the company reserves the right to treat the booking as
cancelled, with normal cancellation conditions applying. Should
the booking be made within 56 days of the departure date then the
full payment is required on booking.
3. To change your booking
Should you need to change your
departure date or tour, this can be done subject to availability,
for a set fee of £30 so long as it is more than 56 days before departure.
Within 56 days the amendment charge will be £50 + any non-refundable
costs incurred from cancellation of your original arrangements.
This charge is to cover the costs we incur in the changing of travel
arrangements with the overseas operator, hotels and other services.
4. To cancel your booking
Any cancellations by you must be made in
writing. The date on which the company receives the letter will
determine the cancellation conditions that will apply. These are
listed below, and are a percentage of the total tour cost:
a. 56 and more days before departure: retention
of the deposit. b. 55-42 days before
departure: 30% c. 41-29 days before
departure: 50% d. 28 days or less:
100% The premium of any insurance
will also retained in the event of cancellation. We strongly advise
that insurance is taken out that covers the refund of monies paid
should, for certain reasons, the need arises for cancellation.
5. If you have a complaint
Should you have a complaint while
on holiday, you must notify your guide or the local operator so
that they can do what they can to immediately rectify it. Failure
to do so will result in the client's ability to claim compensation
being removed or at least reduced. If the problem is not brought
to the operator's attention they have no opportunity to rectify
it. If they are unable to do so then you must notify the company
in writing within 28 days of your return home in order to give the
company a reasonable opportunity to make inquiries of the operator.
If you have a complaint that cannot be resolved, ABTA has an arbitration
service and complaints procedure, details of which are available
from realworld-travel.
6. Insurance
Travel insurance
is compulsory for all clients travelling on a tour with the company.
This insurance must cover personal accident, medical expenses and
repatriation. Clients are solely responsible for arranging their
own insurance and they should ensure that they are covered for the
full duration of their tour.
7. Tour Authority
At all times the authority of your guide
or the operator will be final when concerning matters likely to
endanger your safety and the well-being of the tour. You must always
comply with the local law, customs and drug regulations of the country/ies
you are visiting. Failure to do so may lead to you being ordered
to leave the tour without recourse to any refund or any legal claim
against the country. In the case of ill health the company and its
operators can make those arrangements that it sees fit and recover
all monies paid from the client.
8. Pricing system and surcharges
All
prices for tours and land arrangements are quoted in UK Sterling
unless otherwise stated. The prices quoted on the web site, with
our brochure and on individual quotations made by e-mail or post
may vary week to week due to fluctuations in the exchange rates.
These are based on the mid-price commercial exchange rates given
out by the Financial Times / FT.com. Price increases and surcharges
are based on the full extra cost compared to the costs and exchange
rate from the time of booking. In any event we shall absorb the
first 2% of any such increases. Should any increase to the price
exceed 10%of the total holiday cost you shall be entitled to cancel
your holiday and receive a full refund.
9. If we change or cancel a tour
It
is not our intention to make changes to, or cancel, your tour once
we have accepted your booking. However, from time to time it may
be necessary and we reserve the right to do so. Most changes are
minor and in all cases we will tell you, as soon as reasonably possible,
before the date on which you are due to depart. Occasionally,
we may need to make a major change. 'Major changes' include a change
of your UK departure airport, of resort, of accommodation where
the new accommodation is of a lower official classification, your
time of departure or return by more than 12 hours, or change from
a day to a night flight when the flight departure time changes by
more than 4 hours. If we do make any major changes, you must let
us know as soon as possible if you wish to accept the changes or
cancel the holiday. Where we have
accepted your booking and we find that we have to cancel it (for
any reason other than your fault) before it is due to start or we
cancel the holiday because you do not wish to accept a major change
by us, you can then either: a)
Take a replacement holiday with us of equivalent quality or higher
quality provided that you pay the additional amounts due (subject
to availability); b) Take a replacement
holiday with us of lower quality (subject to availability) and we
will refund the difference in the sums which you have paid to us
and the price of the replacement holiday; or c)
Ask us to refund to you all payments you have made to us.
If you accept a major change or, where
we have had to cancel your holiday, choose either of the options
in paragraphs (a) or (b) above, we will pay you compensation in
accordance with Scale A below. If you choose the option (c) above
we will pay you compensation in accordance with Scale B below. Compensation
will not be paid where the change or cancellation is made as the
result of unusual or unforeseeable circumstances beyond our control,
the consequences of which we could not have avoided even with all
due care.
| Period before departure that notification is given by us: |
Compensation per person Scale A |
Compensation per person Scale B |
| 0-7 days |
£50 |
£25 |
| 8-14 days |
£40 |
£20 |
| 15-28 days |
£30 |
£15 |
| 29-42 days |
£20 |
£10 |
| 43-56 days |
£10 |
£5 |
| More than 56 days |
£5 |
£0 |
For children in respect of whom reduced
rates have been charged, credit/compensation will be paid on a pro-rata
basis of the adult rate. Please
note in all cases our liability in respect of significant changes
and cancellations is limited to offering you the above mentioned
options and where applicable the compensation payments set out above.
We regret that we cannot be held responsible for incidental/consequential
costs or expenses you may incur as a result of any changes or cancellations.
No compensation is payable for minor changes.
10. Our liability for your tour
We
accept responsibility for any death, bodily injury or illness caused
to you as a result of the proven negligent acts and/or omissions
of our employees and agents and our suppliers and sub-contractors
and their servants and/or agents while acting in the scope of, or
in the course of, their employment. Except as provided in paragraphs
(a) to (c) below, we accept responsibility for any damage caused
to you as a result of any failure to perform, or improper performance
of the services we have agreed to provide to you. We will not be
responsible to you where failure or improper performance is not
due to our fault or that of our suppliers because:
a) Such failure is attributable to you or any
member of your party: b) Such failure
is attributable to a third party unconnected with the provision
of the services to be provided to you and is unforeseeable or unavoidable;
or c) Such failure is due to 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 to an event which we or our suppliers, even with all
due care, could not foresee or forestall. Such circumstances or
events include (without limitation) war or threat of war, riot,
civil strife, industrial dispute, terrorist activity, natural or
nuclear disaster, fire or adverse weather conditions.
Subject to the limitation of liability set out
in the following paragraph, our liability to you for any loss and
damage which you may suffer (other than personal injury resulting
from the non-performance or improper performance of the services
included in the holiday) is limited to twice the price of your holiday.
Our liability to you for the non-performance
or improper performance by air carriers, sea carriers, rail carriers
or hotel keepers of any services to be provided by them as part
of your holiday is limited to the amount you can validly recover
against such carrier or hotel keeper: a)
In accordance with any applicable domestic law or the laws of the
United Kingdom. For claims other than personal injury arising out
of travel and carriage within the United Kingdom or which is otherwise
not International; and b) For all
claims arising out of any other travel, carriage or accommodations,
in accordance with the International Convention which governs such
service, including those which have not been ratified by the United
Kingdom. We do not accept liability
for any claim (other than claims for personal injury arising from
the non-performance or improper performance of any service) in contract,
tort (including negligence) or otherwise for consequential, economic
or indirect loss or damage. Nothing in these booking conditions
effects your statutory rights. Please
note that where the cause of your loss, damage or injuries is due
to our agents, suppliers or sub-contractors, our acceptance of liability
is subject to you assigning to us your rights against them and to
your co-operating with us in any legal action we may take against
them. We accept responsibility
for the proper performance of the obligations in the contract between
you and the company even where these obligations are performed by
one of our suppliers. However we do not accept responsibility for
any damage/injury caused that are attributable to your own actions,
acts of some other party unconnected with the contract services
or where the damage/injury results from events/circumstances which
our outside our control and could not be reasonably forestalled.
For injury claims our liability
is in all circumstances limited to twice the total price of the
tour. In agreeing to these terms you accept this limit on our liability
because it helps keep the prices of the tours as low as possible.
11. Flights/delays
We cannot accept any liability for any
delay in your outward or inward flight/s, whether the cancellation
or delay is caused by the weather, airline rescheduling, industrial
action or mechanical failure. We will give no refunds or compensation
for lost time and services from the itinerary. |
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