SANCTUARY CUSTOMER BOOKING CONDITIONS
A&K SANCTUARY CUSTOMER BOOKING CONDITIONS (“the Booking Conditions”)
1. CONTRACTING PARTIES:
1.1. These Booking Conditions are legally binding between the guest(s) (“you”) and the applicable A&K Sanctuary company (“A&K Sanctuary” or “we”) as detailed in clause 28. They govern any Booking you make to stay at one or more of our Accommodations or vessels, as detailed in clause 28 (each an “Accommodation”).
1.2. The contract between you and us will come into existence once we issue written confirmation of your Booking. The contract will consist of these Booking Conditions together with any quotation and/or any information about the stay or flight information we may provide you with on our website, via your agent or tour operator or otherwise, your booking confirmation, any applicable international conventions or conditions of carriage of applicable carriers, our privacy notice and any other written information we brought to your attention before we confirmed your Booking.
1.3. Prior to the contract(s) being formed, any provisional reservation is held entirely at A&K Sanctuary’s discretion.
2. ACCEPTANCE OF THESE TERMS:
2.1 PLEASE NOTE: By making a Booking, the lead passenger confirms that:
a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
b. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised 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 information on health conditions or disabilities and dietary requirements);
c. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services (details of applicable age restrictions are available on the Website); and
d. he/she accepts financial responsibility for payment of the Booking on behalf of all persons detailed on the Booking.
2.2 Where you have made a Booking which covers multiple Accommodations, the services to be provided by each individual Accommodation will constitute a separate contract with the company which operates the respective Accommodation. Please see clause 28 for details of the relevant companies.
2.3 Each booking accepted by A&K Sanctuary in accordance with the above shall constitute an individual contract between you and A&K Sanctuary (“Booking”).
3. WHAT IS INCLUDED IN YOUR BOOKING:
3.1 Accommodation: All accommodation and room type(s) shall be as shown in your booking confirmation and the specification for the accommodation shall be as shown on the website https://www.A&K SanctuaryAccommodations.com/ (“the Website”).
3.2 Meals: Meals included shall be as detailed on the Website.
3.3 Transfers: Any transfers included shall be listed on the Website.
3.4 Taxes: Taxes are included in the price of the stay.
3.5.Sightseeing/Guided Tours/ Excursions: Certain activities may be included within your Booking as detailed on the Website.
3.6. Other: Your booking may have additional inclusions. Please check the Website for details.
4. EXCLUSIONS:
4.1 The cost of obtaining passports and visas, excess baggage charges, items of a personal nature such as drinks, laundry and telephone calls, unless expressly stated as included on the Website, are not included in the price of the Booking.
4.2 Gratuities for guides, drivers, porters, camp staff, ship crew and Tour Managers are not included in the price of the Booking and are at your discretion.
4.3 Anything expressly listed as an exclusion on the Website will not be included in the price of the Booking.
5. CHANGES TO YOUR BOOKING:
5.1 Every effort will be made to operate Bookings as planned, but alterations may occur. We reserve the right to cancel a booking or any part of it and to make such alterations to the booking as we deem necessary or desirable and we reserve the right to pass on to you any expenditures or losses caused by delays or events beyond our control.
5.2 In case of any appreciable variation in the price of your arrangements due to these circumstances, we reserve the right to make adjustments to the price of the Booking as necessary.
5.3 We deem certain pandemic, epidemic or disease related travel and destination or Accommodation requirements (including but not limited to Covid-19 and/or any other strain of the coronavirus) as “insignificant changes”, in that we do not expect these changes to significantly affect the performance of the Booking or your overall enjoyment. Such changes may include the requirement to wear face masks, make regular use of sanitising stations and maintain social distancing. Some changes may also affect the availability of certain services and facilities. We expect all customers to adhere to the local and national guidance that is in force at the destination and whilst travelling to and from the destination, and we shall have no liability to you if you fail to comply with those rules and regulations. We cannot accept any liability for any change made to the Services in light of Covid-19, any other strain of the coronavirus (and/or any other pandemic, epidemic or disease) and/or our adherence to local or national regulations relating thereto.
6. SPECIAL REQUESTS:
Special requests should be advised at time of booking (e.g. diet, room location etc.). Where applicable, A&K Sanctuary will pass on all such requests and will endeavour to ensure that they are met, however cannot guarantee that such special requests will be met and will have no liability to you if they are not. The fact that a special request has been communicated to A&K Sanctuary does not mean that the request has been confirmed. Special requests will only be considered “confirmed” if agreed to by A&K Sanctuary in writing. 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.
7. BAGGAGE AND PERSONAL EFFECTS:
7.1 Weight restrictions for baggage on some flight routes may apply, whether domestic/internal or international. Please check with your carrier for baggage restrictions applicable to your flight.
7.2 Baggage and personal effects are at your risk throughout your stay and we assume no liability for lost or damaged baggage. Baggage insurance is strongly advised. Where safes are provided, you must use them to store valuables. Where safes are not provided, any valuables must be kept on your person at all times.
8. PHOTOGRAPHY:
The use of drones for photography, or any other purpose, is forbidden during your stay. Note that, in addition, the use of drones is illegal in most countries where the Accommodations are based.
9. DESCRIPTIONS AND IMAGERY:
All photographs, imagery and descriptions used by us online and within promotional documentation have been included with the intention of presenting a true and accurate reflection of your holiday destination and the Accommodations. Whilst all reasonable attempts have been made to ensure the accuracy of information, descriptions and photographs provided by A&K Sanctuary, certain such material, where applicable, is provided to A&K Sanctuary by its suppliers and as such A&K Sanctuary cannot accept any responsibility for the accuracy of such material. Where any such material is sourced directly by A&K Sanctuary then it is accurate at the time of taking. However, due to circumstances beyond our control, it is foreseeable that some destinations will change in appearance throughout the year and so may appear to have varied at the time of your stay e.g. due to adverse weather, seasonal changes or other external influences, and as such A&K Sanctuary cannot guarantee the accuracy of any such material. We may also make changes to our facilities and the appearance of any Accommodation or facility(ies). We will of course make every attempt to notify you in advance of your stay as to whether such instances have had any effect on the Accommodation, accommodation or its surroundings, however cannot be held liable in this regard.
10. SURVEILLANCE AND SECURITY:
Please note that in some Accommodations surveillance cameras and security equipment may be installed inside and/or outside the Accommodation, which may have the capability to remotely monitor or record images and/or sound. If you have any concerns or issues with this, you must inform our team before your stay.
11. ACTIVITIES:
11.1 Some activities may be pre-booked by us, however should you wish to participate in other or additional activities we strongly advise that you book in advance so as to avoid disappointment. Where activities are booked by you, the terms of this clause shall apply.
11.2 Some activities such as, (amongst others) those which are boating and water related and also ballooning, are subject to weather and/or water levels. We cannot be held responsible should such activities be amended and/or cancelled as a result of such matters, over which we have no control.
11.3 You acknowledge that some of the transfers, excursions or other tours that you may choose to book through us are run by third parties and such arrangements will not be part of your contract with us. For any such transfer, excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. In such circumstances we act only as agent for the operator and we will notify you accordingly at the time of booking. Where you book these before your stay commences we will list them on your booking confirmation and specify the third party responsible for them. We are not responsible for the provision of such excursion or tour or for anything that happens during the course of its provision by the operator. Copies of the terms and conditions of the relevant supplier are available on request.
11.4 Air Transportation: International air carriers are subject to international air conventions limiting their liability. These limitations of liability are explained on the e-ticket or on the reverse of the airline ticket and when issued this constitutes the sole contract between the respective air carrier(s) and their passengers. You acknowledge that these limitations of liability will apply to any Booking made by you.
12. PAYMENT:
12.1 A non-refundable deposit of 20% of the price of the Booking is required within 7 days of us issuing a booking confirmation.
12.2 The balance of the price of the Booking is payable 60 days prior to departure. If the reservation is made after this date, the entire Booking price must be paid at the time of confirmation. Failure to pay on time may result in cancellation of a Booking with cancellation penalties payable to us.
12.3 We may charge a fee for payments by credit card which will be advised at the time of booking or making a payment.
13.1 All cancellations should be made in writing. The following cancellation charges will be payable (calculated on the total value of the Booking):
· If cancellation is received more than 60 days prior to arrival: 20%.
· If cancellation is received from 60 days to 31 days prior to arrival: 50%.
· If cancellation is received less than 31 days prior to arrival: 100%.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
13.2 Special cancellation terms apply for group Bookings, exclusive use of a camp or lodge and boat charters which will be advised at the time of booking.
13.3 Cancellation of airline tickets will be subject to the refund policy of each individual airline. We will advise you of these as soon as possible after receipt of the written cancellation.
13.4 The purchase of tickets for transfers, excursions or tours run by third party operators is subject to the refund policy of each individual operator. We will advise you of these as soon as possible after receipt of the written cancellation.
13.5 Any amendment charges are non-refundable in any circumstances.
14.1 We reserve the right in any circumstances to cancel or curtail your Booking for any reason without liability by giving you written notice (including by email). However, we will not cancel your Booking arrangement fewer than 60 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 60 days before departure, we will treat your Booking as cancelled and levy the cancellation charges set out in clause 13. Where we cancel or curtail your Booking in accordance with this clause 14 we will not be liable or pay you compensation if we cancel your Booking for any reason.
14.2 A&K Sanctuary will not be liable in any circumstances to make payment to any guest in relation to insurance premiums or other insurance related costs borne by the guest.
15.1 Force Majeure means any event beyond our control or the control of our suppliers, the consequence of which neither we nor our suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics pandemics (including but not limited to the ongoing effects of Covid-19 and/or any other strain of the coronavirus), significant risks to human health such as outbreaks of illness, plague or serious disease and level of water in rivers. We will not be liable or pay you compensation if our contractual obligations to you are affected by Force Majeure.
15.2 We may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products where your Booking is affected by Force Majeure.
16. COMPLAINTS, CLAIMS AND REFUNDS:
16.1 Refunds are not made for any missed services, except for verifiable extenuating circumstances and then only at our discretion. Please see our Limits On Our Responsibility clause below.
16.2 We make every effort to ensure that your Booking runs smoothly but if you do have a problem during your stay, please inform the management at the Accommodation immediately who will endeavour to put things right.
16.3 If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to the Booking representative you made your Booking with within 30 days of the end of your stay, giving your booking reference and all other relevant information.
16.4 Any price adjustment considered will be based on the actual price of the services involved and not on a per day basis. Adjustments will not be made for unused sightseeing trips or meals. Any payment made by us, either by way of refund or as the result of a successful claim, will be limited to, and not exceed, the sum paid by you for the Booking minus any administration fees.
17. LIMITS ON OUR RESPONSIBILITY:
17.1 A&K Sanctuary, our employees, shareholders, officers, directors, successors and agents purchase transportation (by aircraft or otherwise), ground handling and other services from various independent suppliers (including from time to time other affiliated companies). All such persons and entities are independent contractors. As a result, we are not liable for any negligent or wilful act of any such person or entity or of any third person.
17.2 In addition and without limitation, we are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from our actions, Force Majeure or otherwise.
17.3 Boats: If you are scheduled to join one of our boats it is your responsibility to ensure that you are aboard the boat in good time before the scheduled sailing and before departure from any stop. We are neither responsible nor liable if you fail to board the boat in good time and suffer any loss as a result. Furthermore, refunds will not be given for any days which are missed as a result of such failure, or for guests who choose to leave the boat prematurely for any reason.
17.4 There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. In particular if you decide to participate in any activities including, but not limited to, any excursions involving animals, mokoro excursions, motorised and paddle boat excursions, walking safaris, night game drives, helicopter flights, fishing, hot air ballooning, white-water rafting, primate trekking and any activity which may carry inherent risks of serious illness, injury or death (“Activities”) then you fully understand and acknowledge that you take complete responsibility for your own health and safety. By booking a stay with us, you agree to assume all risks of injury, illness or death, whether foreseen or unforeseen that may befall you as a result of participating in any Activities or otherwise and agree to release A&K Sanctuary and our affiliates, our agents, employees and representatives from any liability whatsoever related thereto, to the fullest extent permitted by law.
17.5 Further, as consideration for being permitted to participate in the Activities, you release A&K Sanctuary, whether known or unknown, from, and agree not to sue or make claim against us for property damage, cancellation of any activities for any reason, illness, negligent rescue operations or procedures, personal injury or death arising from your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from our negligence (but not our reckless, wilful, or fraudulent conduct) and/or from any defect in equipment. You further agree to indemnify and hold us harmless with respect to any claim made against us by anyone else which a) related to your participation, or b) would be subject to the above release and covenant not to sue if you had made this claim directly yourself.
17.6 Any excursions and/or activities taken/added to your Booking may not have been health and safety or risk assessed. It is therefore your responsibility to check whether a particular activity has been assessed or not. Should you choose to participate in any excursion and/or activity which has not been health and safety or risk assessed and/or approved, you are deemed to fully understand and acknowledge the inherent risks that come with participating in such an excursion and/or activity.
17.7 Please be aware that A&K Sanctuary accepts no responsibility or liability for any destination that imposes access restrictions or otherwise hinders peaceful enjoyment of destination services and facilities based upon race, gender or sexual preference. A&K Sanctuary will provide general information in line with its obligations, however, you accept that it is your responsibility to thoroughly research your intended destination to ensure that it satisfactorily meets your holiday needs and requirements.
17.8 Nothing in this clause 17 shall seek to release A&K Sanctuary and our affiliates, our agents, employees and representatives from any liability which cannot be excluded under the laws of the relevant country which govern these Booking Conditions.
17.9 If any court or competent authority finds that any provision of these Booking Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Booking Conditions shall not be affected.
17.10 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18. HEALTH PRECAUTIONS:
Please ensure that you consult your personal physician about and obtain any required anti malaria precautions and other inoculations and vaccinations before travel.
19. TRAVEL ADVISORIES/WARNINGS:
It is your responsibility to monitor the most current travel advisories and warnings by referring to your relevant government agency. In the event of an active State Department or other government agency travel warning against travel to the specific location(s) of the stay, should you still choose to travel, notwithstanding any travel advisory or warning then you assume all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against. Advice from such advisory body or office to avoid or leave a particular country may constitute Force Majeure (see clause 15).
20. FITNESS TO TRAVEL:
20.1 Due to the location and nature of the services which we offer, our Accommodations are not suitable for everyone. We will, however, do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay or any of the activities, please provide us with full details before we confirm your Booking. We will try to advise you as to the suitability of your chosen arrangements based upon the information you provide but it will be your responsibility to ensure you choose arrangements which are appropriate for you.
20.2 We may require you to produce a doctor’s certificate certifying that you are fit to participate in the Booking. 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.
20.3 Customers agree to comply with all health and safety protocols as directed by A&K Sanctuary staff during their journey. Customers may be required to provide to A&K Sanctuary staff at the time of boarding a vessel, or when requested when arriving at a lodge, a negative Covid 19 lateral flow test or PCR Covid test conducted no longer than 72 hours prior to boarding. Customers may not be able to travel if they test positive for Covid-19 during the 14 days prior to departure; standard cancellation terms will apply and we will advise you of any Covid-19 test requirements in place upon booking, although please note these may change between booking and the time of travel in which case we will endeavour to notify you but it is your responsibility to also monitor the requirements for your location of departure and the location of the Accommodation(s) you are visiting. Customers must maintain adequate physical distancing and frequently wash or sanitize hands during their journey as required. Masks may be required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and in accordance with local regulations. Non-compliance with these measures will result in not being able to continue on the journey. Customers voluntarily assume all risks and related expenses in the event that they or any member of their travelling party require testing, quarantine or become infected with Covid-19.
21. BEHAVIOUR:
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. We operate a strict zero tolerance policy in respect of any behaviour amounting to harassment. If in our opinion or in the opinion of any 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, any of our staff or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your Booking with us 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 the Accommodation 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 we will not pay any expenses or costs incurred as a result of termination. You and/or your party will 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. You will indemnify and hold us harmless with respect to any claim made against us as a result of your breach of this clause. Full payment for any such damage or losses must be paid to the Accommodation immediately upon us making you aware of the relevant amount due. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
22. TRAVEL DOCUMENTATION PASSPORT & VISAS:
22.1 Please note that you are responsible for checking and obtaining the required documentation applicable (including passport, visa, health and immigration requirements) for entry to a country. 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.
22.2 .Where applicable, please ensure that whilst travelling you carry a valid Yellow Fever certificate
22.3 Please note also that passports must be valid for at least six (6) months after completion of your journey and should also have sufficient blank pages for visas and immigrations stamps. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
22.4 We cannot be held responsible should you be denied entry to a country, you are unable to travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities, due to non-compliance with these requirements. 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 the requirements of this clause.
22.5 Should you require specific information ahead of travel, please consult the travel advice produced by the government of your home jurisdiction and destination, as well as that of the government who issued the passport and/or visa you intend to travel under.
23. TRAVELLING WITH CHILDREN:
23.1 We recommend that if you are travelling with a child that does not share your surname, in order to minimise the possibility of disruption to your travel plans, you travel with documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. We cannot be held responsible should you or any member of your travelling party be denied entry to a country due to non-compliance with these requirements. Should you require further specific information ahead of travel, please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under.
23.2 Due to the nature of some of the excursions and activities involved in our bookings, minimum age requirements are in place at some destinations. Additionally, some Accommodations require children below a certain age to share a room with an adult. Such circumstances vary and will be specified on the Website.
23.3 Where your party includes one or more children, you must take responsibility for monitoring their whereabouts and actions and for ensuring their safety during your stay. A&K Sanctuary will not be liable for any damage or injury caused to any person which is due to a failure by you to adequately supervise a child in your party.
24. TRAVEL INSURANCE:
Adequate travel insurance is a condition of your contract with us. We require you to take out comprehensive travel insurance at or before the time of booking. This insurance should cover cancellation and curtailment, personal requirements, pre-existing medical conditions, expenses including all medical expenses, evacuation/repatriation, personal baggage, personal liability, accident or illness, death and permanent disability, arrangements and flights not booked through A&K Sanctuary and travel document insurance. We will not be responsible for any losses arising which would otherwise have been covered by insurance.
25. ARBITRATION AGREEMENT:
Any claim arising out of or relating to these Booking Conditions, including to the Limits on Our Responsibility clause specifically, to the Website, to any information relating in any way to the Booking, to the Booking itself or to any products or services related to the Booking, shall be settled in the first instance by binding arbitration in the applicable legal forum as determined in accordance with clause 28 of these Booking Conditions. In lieu of a personal appearance at arbitration the arbitration may be conducted by telephonic means. Arbitration is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.
26. APPLICABLE LAW AND FORUM:
26.1 This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of the jurisdiction in which the owner and/or manager of the Accommodation (as detailed in clause 33) is incorporated.
26.2 It is agreed between you and us that all lawsuits against us arising under, in connection with, or incidental to the Booking and the travel services shall be filed, if at all, in the courts of the jurisdiction where the Accommodation is located to the exclusion of the courts of or in any other country or jurisdiction.
27. ADDITIONAL TERMS:
Please note additional terms may apply depending on which Accommodation your contract is with and any such terms will be detailed in your Booking documentation.
28. RELEVANT A&K SANCTUARY COMPANIES
Accommodations located in Botswana are owned and/or managed by Abercrombie & Kent Botswana (Pty) Ltd. Accommodations located in Kenya are owned and/or managed by Abercrombie & Kent Kenya Ltd. Accommodations located in Tanzania are owned and/or managed by Abercrombie & Kent Tanzania Limited. Accommodations located in Zambia are owned and/or managed by Abercrombie & Kent Safaris (Zambia) Ltd. Accommodations located in Egypt are owned and/or managed by Abercrombie & Kent Egypt for Tourism SAE. Accommodations located in Uganda are owned and/or managed by Gorilla Forest Camp Ltd. Accommodations located in Namibia are owned and/or managed by Abercrombie and Kent Namibia Travel (Proprietary) Limited. Accommodations located in Peru are owned and/or managed by Situr, Inc.
29. DATA PROTECTION
We will collect and use your personal data in accordance with our privacy notice, which is available on our website. By making a booking with us, you consent to such use of your personal data and confirm that you are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, sensitive categories of data (such as information on health conditions or disabilities and dietary requirements).