The contract specified below is between all persons named on the Booking Form (“You”) and Jambo African Adventures Limited (“Us”) and is made subject to the conditions below.
Jambo African Adventures Limited accepts bookings subject to the following conditions:
1. Your Contract with Jambo African Adventures Limited
a) Terminology
Tour/s refers to the tour package sold to you.
Overland trip refers to trips carried out in overland truck/s.
Jambo African Adventures refers to Jambo African Adventures Ltd.
b) Deposit requirement.
You are required to pay a non-refundable deposit of either US$500; £200; €300; A$500; or NZ$600 per person per tour package for your booking to be confirmed (please note that special deposit requirements may apply for some trips).
If your booking is made within 60 days of the departure date then the full amount is payable at the time of booking.
This payment is deemed to be a confirmation that the client has read and accepts the Jambo African Adventures Limited booking conditions.
Clients booking through a travel agent or by telephone, fax, email or online will be deemed to have read the booking conditions and accepted them.
A booking is accepted and becomes definite only from the date when Jambo African Adventures Limited has confirmed acceptance by issuing an invoice or a receipt.
Errors or omissions on the invoice may be subsequently amended after advising the client in writing. It is at this point that a contract between Jambo African Adventures Limited and the client comes into existence.
Before your booking is confirmed and a contract comes into force, Jambo African Adventures Limited reserves the right to increase or decrease prices.
Jambo African Adventures Limited reserves the right to decline any booking at our discretion.
The contract is between Jambo African Adventures Limited and the client, being all persons named on the booking as traveling or intending to travel with Jambo African Adventures Limited.
The person making the booking (which is subject to these terms) warrants that he/she has full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions.
The contract, including all matters arising from it, is subject to Kenya law and the exclusive jurisdiction of its respective courts.
No employee of Jambo African Adventures Limited other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
2. Payment of Tours.
The balance of all monies due, including any surcharges applicable at that time, must be paid not later than 60 days before departure.
On some Overland trips you are required to contribute to a tour kitty, while prices for other tours are all inclusive.
The tour kitty is a compulsory on-ground payment put into a central fund and overseen by the travelers and the crew. It helps fund accommodation, camp meals and some included activities.
A full description of what the Kitty includes is in the Trip Notes. Kitty amounts are subject to change so please check our website for the up-to-date amount 48 hours prior to your trip commencement.
In the case of non-payment of the balance by the due date, Jambo African Adventures Limited will treat the booking as cancelled by the client and apply the appropriate cancellation charges. In addition to the trip price you may also be required to pay a kitty as specified for the trip you are taking.
Where Local Payment for trip Kitty is applicable, it must be paid on Day 1 of the tour in the destination of travel or as instructed in the documentation or by local staff. Failure to pay will result in the client being excluded from the tour without a refund.
Money paid to a travel agent or held on behalf of Jambo African Adventures Limited, is bound by these booking conditions in full.
3. Changes
3a. Booking amendments by You
A change of departure date and/or tour to another must be requested in writing by the person who made the original booking.
The administration charge per person per tour (plus additional deposits if applicable), will be deducted unless the request is within 60 days of departure in which case cancellation charges will be applied as detailed in clause 4.
The original tour deposit and cancellation charges will apply based on the departure date of your original tour (if changing to a later date) regardless of the length of the new tour.
Any changes to extra services must be confirmed in writing by the person who made the original booking and must be accompanied by the administration charge per booking in addition to the cost of any extra services required.
Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed.
Changes to extra services already booked will incur the administration charge.
Extra services may be added up to 30 days before departure without charge however.
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 60 days prior to the proposed departure date. A fee of USD $150 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines).
If you notify us less than 60 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.
Amendments to any other arrangements made in conjunction with your trip will incur a USD $50 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 14 days of departure.
3b. Changes by Us
While Jambo African Adventures Limited will use its best endeavors to operate all tours as advertised, by entering into this contract the client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions.
Jambo African Adventures Limited reserves the right at any time either before or during
a tour to cancel or change any of the facilities, services or prices described (including flights, transport, accommodation or other arrangements) and to substitute alternative arrangements of Comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.
If a major change is known to us, the client will be told at the time of booking.
If a major change becomes necessary Jambo African Adventures Limited will inform the client as soon as reasonably possible if there is time before departure.
The definition of a major change will depend on the individual tour and circumstances and is at the sole discretion of Jambo African Adventures Limited.
When a major change is made the client will have the choice of accepting the change of arrangements,
or within 7 days notification of the change, purchasing another available tour or canceling the tour and obtaining a full refund, provided that the major change is not because of force majeure.
Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, disease, fire or adverse weather conditions, technical or maintenance problems
with local transport or Jambo African Adventures Limited vehicles, changes imposed by cancellation or rescheduling of flights by an airline or main charterer, the alteration of airline or aircraft type, or other similar events beyond the control of Jambo African Adventures Limited.
Jambo African Adventures Limited is not liable for any penalty charges associated with non-refundable airfares, in the event of a change to a component departure time, date or airport.
All costs incurred due to force majeure such as transportation, communication, accommodation, food or other similar items will be passed to the client by way of local surcharges. See clause 6.
4. Cancellation
4a. Cancellation by You
The client may cancel the booking at any time provided that the cancellation is communicated to Jambo African Adventures Limited in writing. Written notification is essential even if verbal notification of an intention to cancel has been given.
Cancellation charges will be applied as shown below calculated from the day a written notification is received by Jambo African Adventures Limited.
In addition to the charges shown below airlines may impose 100% cancellation charges and the cost of a new ticket.
The date used for calculating cancellation charges will be the date of departure of each tour booked or the date from which the first service of the tour commences and will apply to all subsequent tour services booked.
60 days or more before departure; forfeit of all deposits
59-30 days before Departure; 50% of total cost.
29 days or less before Departure; 100% of total cost.
Gorilla Trek,
60 days or more before departure; forfeit of all deposits.
59 days or less before departure; 100% of total cost.
If the reason for cancellation is covered by the insurance policy, you may be able to reclaim these charges from your insurance company.
No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.
Clients who have booked 2 or more tours will be subject to the above conditions based on the start dates of each tour booked.
4b. Cancellation by Us
Jambo African Adventures Limited reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 28 days before departure, except for force majeure or the client’s failure to pay the final balance or one of the conditions detailed in Clause 5.
Unless the client fails to pay the final balance Jambo African Adventures will, upon cancellation, return all monies paid excluding payment for administration charges or offer an alternative tour of comparable standard.
5. Guaranteed Departures & Minimum Numbers
Jambo African Adventures sets its own minimum numbers for scheduled Overland tours based on logistics and guarantees to operate once minimum numbers have been achieved. In addition, a number of departure dates have been designated as guaranteed and they will operate regardless of whether minimum numbers have been achieved.
Jambo African Adventures minimum numbers are as follows:
A minimum of 8 persons booked on Adventure Overland Tours.
Where minimum numbers have not been achieved on a given departure that has not be designated as guaranteed, Jambo African Adventures may choose to either operate the tour with below minimum numbers or cancel the tour and pay compensation as follows:
28 days or more; None.
27 – 14 days; A full refund of monies paid and a 5% discount on the land cost of a similar replacement tour (see below).
13 days or less; A full refund of monies paid and a 10% discount on the land cost of a similar replacement tour (see below).
Notes; Refunds and discounts referred to here apply only to overland tours cancelled within 28 days as a result of failure to achieve minimum numbers.
A replacement tour may be any tour selected from Jambo African Adventures up to the value of the original tour booked.
Refunds and discounts apply to the cost paid for the land content only and exclude local funds surcharges, extra services insurance premiums and administration charges.
6. Prices & Surcharges
All prices published in printed brochures and other printed media are “from” prices only and may vary from time to time due to exchange rates, operational costs or travel seasons or years.
Correct prices are published on the Jambo African Adventures website and are valid at the time of booking. No refunds are payable if the price is subsequently reduced and all prices may be subject to surcharges as set out below.
Jambo African Adventures reserves the right to increase the tour price and/or Tour kitty to take account of the following items: entrance charges, government action, currency, operations costs, transportation costs, including the cost of fuel, over flying charges, airport charges and increases in scheduled airfares. Jambo African Adventures will not surcharge if the increase is less than 2% of the Tour price (excluding local payment). Jambo African Adventures may apply the full costs of a surcharge if the increase is 2% or more of the Tour price (excluding local payments). If the surcharge results in an increase of more than 10% of the Tour price the client may cancel the booking within 7 days notification of the surcharge and obtain a full refund.
The above conditions do not apply to the following circumstances.
a) In the event of local flight cancellations, overbooking or rescheduling of departure days and times, Jambo African Adventures reserves the right to pass on any extra costs to the client. In such cases,
the client will have the choice to wait for the next available scheduled flight and miss some tour services included or pay any additional costs associated with upgrades or chartering aircraft as a substitute by way of local surcharges.
b) Increases in Gorilla Trek, GamePark or similar entrance charges to tourist sites and associated operating costs which will be passed to the client by way of local surcharges as the increases occur.
c) Fuel surcharges due to increases in fuel costs for Jambo African Adventures vehicles may be applied and invoiced in advance of your departure if there is adequate time to do so. Fuel surcharges may only be known within a limited time before the departure date and are dependent on world and local fuel prices. Any fuel surcharge applied must be paid in full either in advance or by way of local surcharges as advised, failure to pay will result in the client being prevented from joining the component without refund.
7. Travel Insurance.
Travel insurance is mandatory for all clients of Jambo African Adventures.
Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance.
A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the Tour and loss of Tour monies through cancellation or curtailment of the Tour for insurable reasons.
Jambo African Adventures is able to assist clients in obtaining a suitable insurance policy. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour.
Clients should satisfy themselves that any travel insurance arranged through Jambo African Adventures is what they require and should arrange supplementary insurance if need be.
The travel insurance cover automatically provided with credit card purchases does not provide adequate cover as standard. Proof of adequate insurance will be requested at the start of your tour, failure to provide this will result in the client being prevented from joining the tour without refund.
8. Passports, Visas and Vaccinations
You must carry a valid passport and have obtained all of the appropriate visas, permits, certificates and Vaccinations for the countries in which you will visit during your trip.
Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Trip Notes for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
It is the responsibility of the client to be in possession of preventative medicines as may be required for the duration of the tour.
Information about these matters or related items is given in good faith but without responsibility on the part of Jambo African Adventures.
9. Age, Fitness and Participation
All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described by Jambo African Adventures. Clients are also expected to accept that the tour described constitute “Adventure Travel” and that travel to and facilities in developing
Countries will not be to similar standards which they may be accustomed to at home, we do not provide luxury travel on Overland tours. Luxury travel is only available on the 4×4 segments.
Persons over 60 years of age may be asked to provide medical evidence of fitness to travel on certain itineraries. Minors (those under 18 years of age) are accepted on some tours and most Independent Travel and Overland tours operated by Jambo African Adventures at our discretion provided they are accompanied by a parent or guardian who accepts full responsibility for them.
Unaccompanied minors will not be accepted.
Jambo African Adventures has recommended ages for participation in Overland tours which act as a guide only. The Budget Overland tours travel style is limited to 18 to 60 Years however occasionally Jambo African Adventures may authorize clients outside these ages to travel if they meet certain criteria.
Jambo African Adventures reserves the absolute right to decline a booking at their discretion.
Clients agree to accept the authority and decisions of Jambo African Adventures employees, tour leaders, and agents whilst on tours with Jambo African Adventures. If in the opinion of such person the health or conduct of a client before or after departure appears likely to endanger the safe, comfortable or happy progress of a tour the client may be excluded from all or part of the tour.
In the case of ill health Jambo African Adventures may make such arrangements as it sees fit and the associated total costs of these arrangements including expenses of Jambo African Adventures must be paid for by the client.
If a client is excluded as above or chooses to leave on their own free will or leaves due to ill health or any other reason there will be no refund of the tour price, extra services surcharges, local payments or any local surcharges. All services forming part of the whole package booked will be forfeit though may be recoverable through your travel insurance in some circumstances.
10. Local Laws
All participants in tours operated by Jambo African Adventures are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Jambo African Adventures of all obligations that they may otherwise have under these booking conditions.
11. Illness or Disability
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the tours. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tours in which case all monies paid will be forfeit.
12. If you have a Complaint
If the client has a complaint about any of the tours arrangements the client must bring it to the attention of the tour leader or other representative of Jambo African Adventures at the time so that
they may use their best endeavors to rectify the situation.
It is only if Jambo African Adventures is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the client’s ability to claim compensation from Jambo African Adventures being extinguished or at least reduced.
Should the problem remain unsolved a complaint must be made in writing to Jambo African Adventures within 28 days of the completion of the tour or all claims for compensation will be forfeit.
13. Our Responsibilities
The tours operated or supplied by Jambo African Adventures have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of personal risk and exposure to potential hazards over and above those associated with normal “package travel”.
All bookings are accepted on the understanding that such risks and hazards are appreciated by the client and that they undertake all tours, services, treks, optional excursions and other activities at their own volition.
a) Where the client does not suffer personal injury, Jambo African Adventures accepts liability should any part of the tours arrangements booked with Jambo African Adventures not be supplied as described and not be of a reasonable standard.
In such a case, Jambo African Adventures will pay reasonable compensation if the tours arrangements had been adversely affected but will pay no compensation if there has been no fault on the part of Jambo African Adventures or its suppliers and the reason for the failure in the tours arrangements was due to force majeure, the client’s fault, the actions of someone unconnected with the tours arrangements or could not have been foreseen or avoided by Jambo African Adventures or its suppliers even if all due care had been exercised.
b) Where the client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with Jambo African Adventures, Jambo African Adventures accepts responsibility unless there has been no fault on Jambo African Adventures’ part or its suppliers and the cause was due to force majeur, the client’s fault, the actions of someone unconnected with the tour arrangements or one which neither Jambo African Adventures nor its suppliers could have anticipated or avoided even if all due care had been exercised.
These conditions are issued on the sole responsibility of Jambo African Adventures and have been compiled with reasonable care. They are not issued on behalf of, and do not commit any airline whose
flights form part of the arrangements. Where air travel on inclusive tours is provided by scheduled carriers, their responsibility is limited in accordance with their conditions of carriage.
14. Flight Bookings
Jambo African Adventures will use its best endeavors to ensure that all flight prices and pre-paid taxes are correct at the time that they are quoted. Airlines reserve the right to amend or withdraw fares without prior notice. Once a deposit is paid on an airfare, it guarantees that a booking is being held for you, it does not guarantee the fare. The fare can only be guaranteed when the flight booking has been paid for in full by Jambo African Adventures and a ticket has been issued. Flight bookings cannot be transferred.
15. Brochure / Website / Advertising Material Accuracy
The information contained in our brochure, on our website and in other advertising material is believed correct to the best of our knowledge at the time of publication.
Errors may occasionally occur and information may subsequently change therefore please ensure you check all details of your chosen tours (including the price) with us or your travel agent at the time of booking.
Jambo African Adventures cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure, on our website or in other advertising material.
16. Bookings made through a Travel Agent
All clients are responsible for their bookings made through a travel agent and Jambo African Adventures Ltd shall not be held responsible for monies that have not been received and an official receipt issued for. In the event of an insolvency of your travel agent, Jambo African Adventures is not financially liable for bookings made through such an agent.
17. Jambo African Adventures ltd company Information.
Jambo African Adventures Limited is incorporated in Kenya with limited liability.
Registered Office: 12B, 9th Avenue, Kamura | Off Magadi Road. Nairobi. Kenya.
Company Registration Number: CPR/2011/40134
Visit our website for tour dossiers, trip notes and further information. |
