With the General Information this forms the Client's contract with Sense Africa. The signatory of the booking form accepts these contract terms on behalf of everyone named on the booking form and those added later.
Reservations and Booking
After your consultation with Sense Africa a reservation form will be filled out and a non-refundable deposit of £250 per person paid and your place will then be booked with Sense Africa. At this point a contract between Sense Africa and the Client exists. Your booking will be confirmed once overseas reservations have been accepted and a Confirmation Invoice has been issued. For bookings made within 56 days of departure, a contract shall be deemed to exist once the Client has made the booking by telephone and Sense Africa has confirmed details, including a Booking Reference Number, on the telephone to the Client. Full payment will be due immediately. The contract and matters arising are subject to English Law and jurisdiction of the English Courts.
Payment
The balance of the price is payable not less than 56 days prior to departure date. If the balance has not been paid by 48 days prior to departure, Sense Africa will cancel the booking and levy the cancellation charges.
Amendments by Yourselves
A fee of £50 per booking will be charged for each amendment to a confirmed booking, which covers administration costs. For an alteration within 56 days of departure, Sense Africa will treat the alteration as a cancellation of the original holiday (attracting cancellation charges) and regard it as a new holiday booking. However, Sense Africa will do all it can to make arrangements that suit you best, at the minimum possible cost.
Transfer of Bookings
If you are prevented from taking up this booking by illness, jury service, redundancy, unavoidable work commitment or the death or serious illness of a close family member, you may transfer the booking to another person acceptable to Sense Africa provided that:
(a) the transfer is requested in writing at least one week in advance; and
(b) the request is accompanied by documentary proof of the reason for the transfer, any tickets already received from Sense Africa, full details of the person who will take over the booking, any balance due for the booking and the appropriate administration fee and
(c) the person taking over the agreement agrees to be bound by the booking conditions. The administration fee will be £50 per booking, plus all charges levied by Sense Africa's suppliers. Clients should be aware that some suppliers, particularly airlines, may charge a 100% cancellation fee and the cost of a new ticket.
Cost Increases
Sense Africa guarantees that the price of your holiday will not be subjected to any surcharges except for those resulting from any extra airline charges or Governmental action. Even then, Sense Africa will absorb an amount equivalent to 2% of the holiday price (excluding insurance premiums and any other amendment charges) before passing on any surcharge to the Client. Should surcharges exceed 10% of the holiday price shown on the original Confirmation Invoice, the Client can decide to cancel the holiday and receive a full refund, excluding any premiums paid for holiday insurance. This option must be exercised within 14 days of the issue date shown on the surcharge invoice.
Sense Africa Liability
Insurance is with Euclidian Direct Limited. Public and products liability Insurance is in place to the value of £5,000,000 and professional indemnity insurance to the value of £1,000,000 and full terms and conditions are available on request.
Cancellation by You
Cancellation shall only be effective when Sense Africa receives written notification by recorded or registered mail. In the event of cancellation by the Client the following cancellation charges will be made:
Cancellation period Charge as Proportion from Invoice
56 days - or more:
|
Deposit only |
| 55 days - 30 days: |
50%
|
| 29 days - 15 days: |
70%
|
| 14 days - 7 days: |
90%
|
| 6 days - 0 days: |
100 |
Should one or more member(s) of a party cancel it may increase the holiday price per person of those still travelling. If a client should fail to join a trip, join it after departure or leave it prior to its completion, no refund can be made.
If the Client decides to cancel because of a major change or if Sense Africa cancels a holiday for any reason other than Force Majeure or Low Bookings (defined below), Sense Africa will pay compensation as follows. If the period before scheduled departure when major change/cancellation is notified/compensation per fare paying passenger is more than 56 days/nil; 55-30 days/£30; 29-15 days/£40; 14-0 days/£60.
Force Majeure means unusual and unforeseeable circumstances beyond Sense Africa's control, the consequences of which neither Sense Africa nor its suppliers could avoid, including but not limited to war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, fire, flood, adverse weather conditions or the threat of any of these. Low Bookings is where an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form. If there is a minor change, Sense Africa is not obliged to notify the Client, although it will try to do so, nor is it liable to pay compensation.
Accommodation
Accommodation, which forms part of the Client's booking, may only be used by the persons named on the booking form. The Client will use the accommodation provided as part of the holiday with due care and in a proper manner. The Client must observe the rules relating to the accommodation and must vacate it by the stipulated time on the day of departure. The Client will be responsible for the cost of repairing or replacing any lost, broken or damaged items, including lost keys.
Sense Africa makes every effort to ensure that all lodges, B & B's and camps offered are described as accurately as possible. However, changes can occur and Sense Africa reserves the right to make such changes, in which case the Client will be informed.
Flights
Flight times are provided by Airlines and are subject to change due to air traffic control restrictions, weather conditions and technical problems. Flight timings are estimates only and cannot be guaranteed. Sense Africa will not be liable if a flight is delayed. In the event of a delay, Airlines generally provide refreshments, meals and accommodation, as they deem appropriate. Where possible, Sense Africa will make every effort to ensure that suitable arrangements are made. The Airline's standard conditions of carriage will apply which may limit or exclude liability in accordance with relevant international Conventions.
Trip Changes or Cancellation by Sense Africa
It is unlikely that Sense Africa will change trips significantly. If Sense Africa makes a major change (change of airport, accommodation or transport " any other change is minor) or cancels the holiday after it has been confirmed but before departure the Client will have the choice of:
(a) accepting the cancellation or changed arrangements; or
(b) taking another available holiday with Sense Africa (if it is more expensive the Client must pay the difference, but if it is cheaper Sense Africa will make an appropriate refund); or
(c) (in the case of a major change) cancelling the holiday and receiving a full refund.
If Sense Africa becomes unable to provide a significant proportion of a holiday after it has commenced, Sense Africa will make suitable alternative arrangements for the Client at no extra charge to the Client or, alternatively, arrange for the Client to be returned to point of departure and to receive a pro-rata refund for any ground arrangements not received.
Sense Africa Representative
If Jenny Bowen is unable to take a safari due to illness or loss of family member Sense Africa reserves the right to substitute another recommended guide by Sense Africa.
Complaints
All complaints must be made to Sense Africa at the time of occurrence thereby giving Sense Africa giving the opportunity to rectify the cause of the complaint, failing which the Client's legal rights will be reduced or even extinguished. Any claims against Sense Africa must be submitted in writing on return to the UK.
Carbon Offsetting
Sense Africa recognises the fact that air travel releases gases that contribute to global warming. Sense Africa has teamed up with Climate Care to "offset your emissions". A typical one-way flight to Africa generates about one tonne of CO2 per person travelling. The cost is just £20 per person for a return flight to Africa. Should you not wish to contribute, please contact Sense Africa to deduct the carbon offset amount from your final balance.
Your Financial Protection
When you buy an ATOL protected air holiday package and flights from Sense Africa you will recieve a Confirmation Invoice from us confirming your arrangments and your protection under our Air Travel Organiser's Licence number 6323. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced booking. For further information, visit the ATOL website at www.atol.org.uk.
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