TERMS AND CONDITIONS
TIMELESS HOSPITALITY LIMITED T/A TIMELESS DREAM TRAVELS
Timeless Dream Travels is a Tanzanian registered company licensed as a tour operator, based in Arusha.
Terms & Conditions
(Valid as from the 1st January 2017 and applicable on all safaris/trips from that date onwards)
Throughout this document, ‘THL’ and ‘the Company’ refers to TIMELESS DREAM TRAVELS, Box 17086, Arusha, Tanzania.
‘Agent’ refers to a Travel Agent or Tour Operator contracted by the client to book a safari/trip with TIMELESS DREAM TRAVELS.
‘The Client/s’ refers to the Person or Persons booking the safari itinerary and in direct contact with TIMELESS DREAM TRAVELS as well as all members of the group travelling with this person on the itinerary. If the person booking the safari itinerary is not traveling with the group, then ‘the Client/s’ refers to every person traveling in the group on the itinerary during the period of safari.
‘You’ refers to the Client/s booking the safari direct with TIMELESS DREAM TRAVELS.
1. Payment & Deposit Terms
All quotations given by TIMELESS DREAM TRAVELS in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of the Company, shall be in the currency of United States Dollar. Such quotations shall be inclusive of Tanzania’s value added tax (where applicable). Acceptance of any quotation by a client shall be in writing.
You will receive a quote (costed itinerary) for a tailor-made safari/trip. On acceptance of this quote by you, TIMELESS DREAM TRAVELS will require a 40% non-refundable deposit to confirm the safari/trip and the final payment to be made a maximum of 60 days prior to the start of the safari/trip. By sending the deposit, you are agreeing to the Terms and Conditions stated in this document. For last minute bookings, the full payment will need to be paid during the confirmation stage.
Should the full and final payment not be received by 60 days prior to the safari/trip, we reserve the right to release the booking.
We also reserve the right to increase the deposit payable for confirmation, should any third party supplier require a deposit in excess of 40%.
All Bank charges are your responsibility. All amounts due to THL must be settled through a bank transfer and an amount to be received should be nett of Bank Charges or any other tax and/or levy applicable to such transactions.
Please note that we can only hold unconfirmed reservations for a strictly limited amount of time. This will be clearly indicated in the correspondence as each camp/lodge/supplier has differing parameters. Wherever possible, THL will send a reminder for provisional bookings that are due to expire. However, THL will not be responsible for lost bookings where no reminder has been sent.
Specific requests such as connecting or adjacent rooms, smoking or non-smoking rooms and special dietary or physical needs should be advised at time of booking. Please be advised that every effort will be made to secure your special request; however, they cannot be guaranteed.
Certain items are not included in the cost of the booking. These costs are the responsibility of the client including, but without limiting the generality of the a foregoing, the costs of Visa, insurances such as insurance cover for cancellation and curtailment, repatriation costs, medical expense, excess luggage, protective gears, equipment, gratuities, laundry and beverages where applicable, optional meals and any optional excursion not reflected on the safari booking reservation.
All the transport, game drives and transfers within Tanzania both overland and on air in accordance to the detailed itinerary communicated prior the trip commencement between the client and THL, accommodations in a lodge/hotel/camp, park fees, crater services fees, armed ranger salary in case of a walking safari within the park, professional driver guide service and all his costs and arrangements, packed lunch boxes, mineral water and soft drinks while on drives and emergency evacuation fee will all be included in the booking.
Once you have made your booking, we guarantee to honour the prices given by THL for each individual item shown in the quotation, with the following exceptions –
- Estimated price rises: Where we are making a booking for a period of time that we do not yet have prices from a supplier, we usually include an estimated price rise. If these price estimates are below the actual price charged when the actual rates are published by the supplier, then THL will revise the quote accordingly.
- Regulatory fees and taxes: Although the Company hopes that it will not have to levy surcharges, it reserves the right to do so on the invoiced amount should this become necessary due to increases forced upon us by any of our agents or suppliers, as well as through exchange rate fluctuations, new government levies or taxes, changes in Park, Reserve, Conservation Area or Community fees. The Company will endeavor to notify you or your agent in writing as soon as it is aware of any likely surcharge. This surcharge will apply to all confirmed and invoiced safaris, regardless of whether payment has been received by THL or not.
- Major errors: In the event of a major error having occurred in our quotation process whereby we have significantly undercharged for a safari/trip, we reserve the right to withdraw our offer.
3. Cancellations and Refunds
Cancellations and postponements of confirmed safaris are only effective on receipt of a written notification, where upon the deposit is forfeited. In the event of the cancellation or postponement of a confirmed safari, you will immediately become liable for a penalty based on a percentage of the full safari cost, as set out below:
- Confirmed safaris cancelled 60+ days prior to arrival – full deposit is forfeited
- Confirmed safaris cancelled 31 to 60 days prior to arrival – 50% of full safari cost is payable
- Confirmed safaris cancelled less than 31 days prior to arrival – 100% of full safari cost is payable
For groups’ booking involving 10 guests or more:
- Safaris cancelled between 120 and 61 days prior to arrival – 20% of full safari/trip cost is payable.
- Safaris cancelled 31 to 60 days prior to arrival – 50% of full safari/trip cost is payable.
- Safaris cancelled less than 31 days prior to arrival – 100% of full safari/trip cost is payable.
Should clients fail to join the safari/trip or join it after the departure date, no refund can be made. Please note that if the reason for cancellation or postponement falls within the terms of any holiday insurance that the clients are holding, then any such charge will normally be refunded to the clients by their insurance company, subject to the terms of their insurance.
All clients traveling with TIMELESS DREAM TRAVELS are required to obtain full travel and medical insurance valid from the date of confirmation of the safari, which will cover claims including but not limited to, cancellation charges, medical care and lost luggage. If you are climbing Mount Kilimanjaro or any other mountain, the insurance must cover high altitude activities. If you intend to Scuba dive, bungee jump, balloon ride or any other active excursions, the insurance must cover these activities as well.
THL can only accept changes to a safari itinerary after the trip has started, on receipt of a written request for THL to go ahead and make the needed change on the clients’ behalf. Any change to the safari that will incur additional costs and services will also need written authorization in order for THL to proceed with the change. All such charges must be settled by the client direct to the relevant supplier at the time of the booking, unless a written agreement is made with TIMELESS DREAM TRAVELS on itineraries where an agent is involved, stating that the agent is responsible for payment of all such charges. If payment is being made to THL, with THL’s agreement, this must occur before the clients leave the country at the end of their safari/trip.
Should any luggage unfortunately go temporarily astray during any flight or road transfer, THL will have to pass on any cost incurred in the retrieving and the sending on of the luggage as needed.
4. Ground Handling Waiver
In the event of any cancellations, change or delay to client ground handling arrangements by any of our suppliers (including, but not limited to, flights, activities, transfers and accommodation bookings), TIMELESS DREAM TRAVELS will make every effort to assist the clients with re-arrangements in the field to minimize disruption to the client’s itineraries. It must, however, be expressly understood that any costs incurred by TIMELESS DREAM TRAVELS in this regard will be passed directly onto the client. We strongly recommend that clients are insured for such eventualities.
THL will assist the clients where possible and will endeavor to inform the clients and agents in advance of any such charges but we do not guarantee to do so. In the event that an agent or client was not informed in advance, the client will be responsible for paying the full charges at the time of booking of the alternative arrangement. TIMELESS DREAM TRAVELS is not responsible for any travel arrangements made directly by the agent or the client involving any supplier of any services, other than bookings made through TIMELESS DREAM TRAVELS. We reserve the right to pass on all costs incurred, including an administration charge, if we are obliged to make any arrangements whatsoever with respect to these bookings. All such charges must be settled by the client direct to the relevant supplier at the time of the booking, unless a written agreement is made with TIMELESS DREAM TRAVELS on itineraries where an agent is involved, stating that the agent is responsible for payment of all such charges. If payment is being made to THL by agreement, this must occur before the clients leave the country at the end of their safari.
5. Suitability and behavior
We reserve the right to our absolute discretion, to terminate without notice, the trip arrangements of any client whose behavior is such that it does, or is likely in our reasonable opinion or in the opinion of any operator or any person in authority, to cause distress, damage, danger or annoyance to any third party or to cause damage to property. Our trips can be physically demanding, it is your responsibility to disclose an accurate account of any limitations in your mobility and all other relevant information relating to your health and fitness at the time of booking. You must also advise us of any change to your level of mobility or health and fitness between the booking stage and the starting of your trip. You are also responsible for providing the same information for every member of the group traveling on the safari. We also reserve the right in our absolute discretion to terminate without notice the trip arrangements of any client who is likely in our reasonable opinion or in the opinion of any operator or any other person in authority to be unable to cope adequately with the demands of the trip.
In either of these circumstances, all the obligations to you and the members of your group under this contract or otherwise shall cease. Full cancellation charges apply and we shall not be liable for any refund, compensation or costs incurred by you or members of your group whatsoever. Some itinerary activities have a minimum age limit or a general age restriction. These include, but are not limited to, shared game drives, walking safaris, chimpanzee and gorilla treks, fly camping, water sports, ballooning and extreme sports. Some accommodation facilities also apply a minimum age limit or an age restriction. If there are children under the age of 18 years in the safari group, it is the responsibility of the client to inform THL at the time of the initial booking request of the exact ages of the children at the time of the safari. THL reserves the right not to accept to book a safari itinerary on behalf of a client if THL deems the child too young or if the itinerary is inappropriate for whatever reason. The supervision of children under the age of 18 years during the contracted safari/trip period is the responsibility of the parents/guardians. THL accepts no responsibility for booking and costing children on activities that they are then unable to participate in due to age restrictions if THL has not been informed of the correct ages of the children at the time of the initial booking request.
Whilst THL strives to ensure that all anticipated accommodation/activities are available as planned, there can be no claim whatsoever against THL for a refund, either in part or whole, if any accommodation or activity booked and paid for earlier becomes unavailable or the client was unable to use that service at the end.
7. Baggage on all flights for clients
All air passengers on domestic flights are limited to travel with soft bags and with a maximum total weight of 15kgs per person. Limitations are strictly adhered to on all flights within Tanzania and regional flights to other East African countries. This limitation includes hand baggage. If any luggage in excess of the weight limit is refused by the pilot at the airstrip, the client will be responsible for any cost to be incurred in forwarding this luggage to the next destination.
TIMELESS DREAM TRAVELS specifically draws your attention to the fact that there are certain inherent risks involved in participating in the type of safaris/trips sold and operated by THL and that, by making payment for all or part of the safari/trip cost, you and the clients are thereby accepting that the safari/trip is taken entirely at their own risk. Neither THL, nor its employees, directors, shareholders, suppliers and agents can be responsible for any accident, injury, illness or death sustained during the course of the safari/trip, whether or not this accident, injury, illness or death is deemed to be caused through negligence on the part of THL, its employees, suppliers or agents.
TIMELESS DREAM TRAVELS does not accept responsibility for any theft or loss of personal belongings that occurs while the clients are on a safari/trip. This includes, but is not limited to, any theft that occurs at an accommodation facility, during flights, in transit, transfers or any excursions or activities.
Although THL will do it’s best to ensure safety at all time but all clients are strongly advised to insure themselves and their property fully for the duration of the safari/trip. Emergency Evacuation Cover, purchased through AMREF (The Flying Doctors Society) is mandatory for any safari booked through TIMELESS DREAM TRAVELS. If this cover is not purchased through THL, the booking agent is responsible for ensuring the cover is in place and providing TIMELESS DREAM TRAVELS with the full and correct details of the cover for each client in advance of the safari/trip. TIMELESS DREAM TRAVELS does not accept any safari booking which is not specifically covered by AMREF. Failure by agents to provide AMREF emergency evacuation cover for their clients may result in delays on medical evacuation while payment confirmation formalities are processed and this will increase the risk of complications, serious delay and severe consequences.
While TIMELESS DREAM TRAVELS will assist in any way possible, we are not a medical facility and we are not responsible for providing any medical diagnosis, advice or treatment for clients. TIMELESS DREAM TRAVELS is also not responsible for covering any costs incurred for medical treatment or any evacuation for clients while on safari, nor are we responsible for any complications which may result from a delay in arranging the medical evacuation.
9. Travel Documents and Health
The onus is on the client to ensure that passports, visas, travel permits, health certificates, inoculations and all other required documentation needed for the trip are obtained in reasonable time and are in order. THL, their Staff and Agents cannot be held responsible for any failure by the clients to comply with such requirements.
It is the responsibility of the clients to take all appropriate medical advice prior to departure as to whether or not the client is fit enough to undertake the trip booked. Cancellation charges will be applied if a confirmed trip, or part of a trip, is cancelled for this reason.
10. Force Majeure
a) “Force Majeure” means, in relation to the Company, any circumstance/s beyond the reasonable control of the Company (including, but without limitation, war or threat of war, sabotage, civil disturbance, or requisition, acts of God, fire, accident, flood or explosion, sickness, quarantine, Government intervention, weather conditions or other untoward occurrences).
b) If the Company is affected by Force Majeure, it shall as soon as practicable notify you on the nature and extent thereof.
c) The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non – performance of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
d) If the Company is affected by Force Majeure it shall be entitled to and may in its absolute and sole discretion, cancel or vary any arrangement or itinerary in relation to the safari/trip. Payment of any refund by the Company as a result of the non-performance of any of the Company obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavors to reimburse you where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company due to the Force Majeure.
e) Regarding Civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company’s sole and absolute discretion whether to proceed with the safari/trip or not. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, the Company is of the opinion that the trip may proceed, no refund will be payable to you and the provisions under
‘refunds’ section will apply.
The Company reserves the right without further notice to make use of any photography or film taken on the safari by our staff for general publicity purposes without payment or permission from the client or tour operator.
12. Airlines, Air charters, Shared Charters, Scheduled flights, Balloon and Microlight flights
Carriage by the air companies or companies operating the above services, concerned is subject to the terms and conditions of that carrier with whom you are traveling and to international conventions. TIMELESS DREAM TRAVELS has no control and accepts no liability whatsoever for cancellations or delays which are subject to operational decisions by the carriers. All flights are subcontracted to independent aviation Companies who are entirely responsible, and therefore liable, for all aspects of the flying operation.
Great care has been taken while compiling the data and information in this document and all safari details are correct at the time of going to print. We cannot be held responsible for any errors, omissions or changes which may occur thereafter.
This agreement is made subject to, and shall be governed and construed according to the laws of United Republic of Tanzania notwithstanding its place or performance or acceptance and all actions shall take place in the Courts of United Republic of Tanzania.
15. Notice of enforceability
Please note: When you book travel related services with this Company or its agents, you and the members of the group travelling on the safari itinerary are entering into a binding agreement that assumes all terms and conditions are fully understood as stated in any Company documents. The client is responsible for ensuring that they are fully aware of the latest Terms and Conditions.