In this contract the following words shall have the corresponding meanings unless the context otherwise indicates and the same meanings shall be applicable mutatis mutandis to the booking conditions.
The Company: African Traces Company Ltd
The Client: the person who accepts the booking by any form of payment
Persons under His/Her authority: all persons accepted for a trip booking on the application of a Client
2. The Client who signifies the acceptance of a booking does so on behalf of himself/herself and persons under his/her
authority, and warrants that he/she has authority to enter into a contract on behalf of the other persons included in
such a booking and in event of the failure of any or all the other persons so included to make payment, the person making
the booking shall by his/her payment thereof assume personal liability for the total price of all bookings made by
him/her. All bookings are made with Company and no person has any authority on its behalf to vary any of the terms and
conditions which are applicable.
3. A deposit of 20% or $300 (whichever is larger) for each person is required to confirm a booking. The booking fee
is accepted as part of the inclusive fare. $300 of each person’s deposit is non-refundable.
4. The full amount due by the Client to the Company shall be payable not less than 90 days prior to the trip
commencement. If the full amount is not paid in due time, The Company reserves the right to treat the booking as
cancelled. Late applicants however may join the tour on an “accommodation available” basis.
Cancellations are only effective on receipt of written notification, the date of which will be used
to verify the date of cancellation. The refund policy outlining the cancellation fee payable by the Client to the
Company is as follows:
90 days: $300
89-56 days: 25% of total trip price
55-22 days: 40% of total trip price
21-14 days: 50% of total trip price
13-0 days: 100% of total price
Any refunds due to the Client by the Company will be less any transaction fees that were incurred by the Client when the payment was made.
If a Client alters a trip or any part of a trip already in progress, any additional expenses due to the alterations are the responsibility of the Client. This includes, but is not limited to, changes in accommodation, meals, flights, activities or services.
Any additional transport, accommodation and meal charges necessitated and incurred by a Client who does not complete a planned itinerary due to illness, injury, personal choice or other factors not otherwise impacting the whole expedition are the responsibility of the Client. This policy applies as well to Clients trekking Mount Kilimanjaro and Mount Meru who descend early due to illness, injury or personal choice.
After the booking has been confirmed, should the Client change to an earlier/later departure
date, he/she may do so subject to availability. The only fees, penalties, and time restrictions are those imposed by the
applicable service providers such as hotels and domestic flights and not under our control. The Company will do its best
to eliminate and reduce penalties. It all depends on the circumstances surrounding the modification. The Company will
however, always check how much a modification will cost, if anything, and inform the Client prior to making the change.
7. CHANGES TO SCHEDULES: The Client is aware that the itineraries are flexible and will depend on local conditions.
The Company will not accept any claims of any nature including consequential damages as a result of any accommodation
or other facilities, made or becoming unavailable on tour. The Client hereby indemnifies and holds the Company harmless
in respect of any such claim.
8. REFUNDS: The Company uses its best endeavors to ensure that all anticipated accommodation is available as planned.
There shall be no claim of any nature whatsoever against the Company for a refund either in whole or part, if any
accommodation or excursion is unavailable and a reasonable alternative is not found. If the Client is unable to use
any service provided in the itinerary, then there are no refunds due. The Company will not entertain complaints due
to Loss of Enjoyment where the full land arrangements have been provided.
All baggage and personal effects are at all times the Client’s risk and the Company cannot accept
liability for any loss of baggage or personal effects.
a) The Client acknowledges that it is his/her responsibility to ensure that he/she is in possession of the necessary
valid travel documents, passports, visas, vaccination certificates, etc.
b) The Client acknowledges that the Company will not be held liable to a refund of the tour fare or compensation should the Client be refused entry into the country for any reason.
a) Neither Company nor any person or agent acting for, through or on behalf of the Company shall be liable for any loss or damage whatsoever arising from any cause whatsoever and without restricting the generality of the foregoing shall particularly not be responsible for loss or damage arising from any errors or omissions contained in its website, literature or information sources, loss or damage caused by delays, sickness, theft, injury or death. In addition, the Company shall have the right at any time at its discretion to cancel any tour and services or the remainder thereof or make alterations in route, accommodation, price or other details and, in the event of any tour and services being rendered impossible, illegal or inadvisable by weather, strike, war, government, interference or any other cause whatsoever, the extra expenses incurred as a result thereof shall be the responsibility of the Client. The Company may at its discretion and without liability or cost to itself at any time cancel or terminate the Client’s booking and in particular without limiting the generality of the foregoing it shall be entitled to do so in the event of the illness or the illegal or incompatible behavior of the Client, who shall in such circumstances not be entitled to any refund. The Client undertakes and agrees that he will, at all time, comply with a reasonable code of conduct during the tour and services and will not in any way constitute a nuisance to the other persons on tour.
b) The Client acknowledges that the services arranged by the Company, whether in civilized or remote areas by plane, vehicle, train, dugout canoe, canoe, boat, horseback, other conveyance or by foot, contains inherent risks of injury, illness, death, or loss and damage to property, which may be caused by forces of nature, accidents, wild animals, negligence of others, and other causes known or unknown.
c) The Client acknowledges that such risks may be present at any time before, during or after the tour arranged by the Company and those medical services and facilities may not be readily available during the tour.
d) Wild Animals: Please be aware that these trips may take you into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. Neither the Company, nor their employees, nor agents can be held responsible for any injury or incident on the safari. Please note that the campsites within national parks are all unfenced and animals do amble through the camps, at any time.
e) The Client expressly assumes any and all risks with respect to the activities and circumstances described herein and agrees not to sue the Company on account of any losses, claims, costs, liabilities or damages.
f) The Client agrees not to allege the unenforceability of this Agreement or part thereof. In the event of any competent authority finding that any portion of this Agreement is unenforceable, the remaining portion shall remain in full force and effect. The Client agrees that the foregoing obligation shall be binding.
The Client is aware that unforeseen circumstances due to road conditions, weather, mechanical breakdown, accident,
border closure, political situations etc. are beyond the control of the Company and can delay and change the performance
of the tour and services. The cost of flying back home, alternative accommodation, food, personal expenses and all
resulting costs are to be borne by the Client. The Client is aware that insurance is compulsory to participate on all
tours and acknowledges that it is his responsibility to take comprehensive travel insurance. African Traces will accept
no liability whatsoever.
The Client acknowledges being aware of the proposed itinerary and it is the Client’s obligation to ensure that he/she
is medically fit and able to embark upon such a tour.
14. This booking and eventual contract between the Client and the Company shall be deemed to be concluded in Moshi, Kilimanjaro Region, United Republic of Tanzania; and shall be interpreted according to the laws of the United Republic of Tanzania. In the event of any action hereunder, the Supreme Court of Tanzania shall have jurisdiction in regard there to, not with standing that the amount of the claim may be within the jurisdiction of the Magistrate’s Court.