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Terms and conditions

Summary

These Terms & Conditions apply to any tours by Tembo Elite Adventures, a local adventure travel company based in Arusha, Tanzania. These Terms & Conditions govern the contractual relationship between Tembo Elite Adventures and yourself. Please read these Terms and Conditions carefully as by booking any tour with Tembo Elite Adventures you acknowledge that you have read and understood these Terms and Conditions and you accept and agree to be bound by these Terms and Conditions. You shall be deemed to have accepted these Terms & Conditions on behalf of all clients named in the booking and therefore all clients in that group indicate their acceptance and agreement to these Terms & Conditions. The client who confirmed the booking is considered to be the selected contact person for all other clients named in that booking.

1. Deposits & Final Payment

Upon booking a tour with Tembo Elite Adventures, a 20% deposit is required to secure the tour and begin the necessary booking processes and ground preparations. Payment instructions will be communicated via email. Final balance payment of the tour booked is required no later than 10 weeks before the tour starts. Bookings made within 10 weeks of the tour start date should be paid in full. All payments made to Tembo Elite Adventures should be free of bank charges and credit card transaction surcharges.

2. Booking Agreement

A booking is confirmed and these Terms and Conditions shall apply when Tembo Elite Adventures has received the agreed deposit from the client and the client has received written confirmation from Tembo Elite Adventures of the booking. The client confirming the booking must be 18 years of age and above and agrees to provide full, complete and accurate information as requested by Tembo Elite Adventures to confirm the booking. Any client confirming a booking on any tour with more than one named client agrees that:

  1. i) S/he has the authority to make such a booking on behalf of all other clients and has communicated all necessary information to the other clients
  2. ii) The information that s/he has provided regarding all clients is complete and accurate, and s/he has obtained all necessary consents and permissions to share such information with Tembo Elite Adventures.

3. Cancellation Policy

Should you be forced to cancel your tour, you must inform us in writing.

Certain accommodations, flights, park permits, gorilla/chimpanzee permits, charter flights and special services may be subject to stricter cancellation terms imposed by suppliers. In such cases, and regardless of the standard cancellation fees stated herein, any refund shall be limited to the amounts actually recovered by Tembo Elite Adventures from its suppliers, less any costs, charges, fees and expenses already incurred. Tembo Elite Adventures shall not be liable for any indirect, consequential, special or economic losses, including loss of enjoyment, loss of profit, additional travel expenses or other costs incurred by the client as a result of any cancellation, amendment or disruption of travel arrangements. Any refund shall be determined on a case-by-case basis and shall be limited to the amounts recovered from suppliers, after deduction of all costs and expenses already incurred by Tembo Elite Adventures.

In order to cover our estimated loss caused by your cancellation, cancellation fees will be charged per person as follows:

Cancellation fees per person
Days Prior to Departure Date% of total safari cost to pay
Upon booking20% of total safari cost (non-refundable deposit)
Between 60 and 46 days before departure90% of total – final balance already due
Less than 45 days before departure100% of total - no refund possible

Any exception to or variation of the payment terms specified in Section 1 shall automatically invalidate the cancellation policy set out herein. In such circumstances, any refund shall be determined on a case-by-case basis and shall be limited to the amounts actually recovered from suppliers, after deduction of all costs and expenses already incurred by Tembo Elite Adventures.

Please note that cancellation fees are based on the date your written notification is received at Tembo Elite Adventures.

If we cancel: It is extremely rare that we have to cancel confirmed bookings. We always try to avoid cancelling, but we must reserve the right to do so. We shall not cancel your confirmed holiday less than 60 days before departure unless we are forced to do so as a result of unusual and unforeseeable conditions beyond our control, the consequences of which we could not have avoided even with all due care. If we cancel your tour (except where you have failed to make payment or as a result of force majeure*) we shall offer you the choice of purchasing an alternative tour from us of a similar standard to that originally booked if available, in the same period. If the chosen alternative is less expensive than your original tour, we shall refund the difference. If it is more expensive, we shall ask you to pay the difference. Alternatively, you are entitled to a full refund of all monies you have paid to us. We are not able to pay any expenses and losses incurred as a result of any cancellation.

* Force majeure

We regret we cannot compensate where the proper performance of our duty is affected by any incident which we or the supplier of the service(s) in question could not, even with all due care, anticipate or avoid. Such events may include war, terrorist activity, unexpected government acts, riots, civil strife, natural disaster, border closures, industrial disputes, fire, road closures, pilferage, epidemics, quarantines, land and air travel, extreme weather conditions and other similar incidents beyond our capability to manage.

4. Travel Insurance

Tembo Elite Adventures does not provide travel insurance. Therefore, the client must obtain travel insurance from their home country with the minimum recommended medical coverage, medical evacuation, and repatriation coverage. It is strongly recommended that clients also extend their coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. When obtaining travel insurance, the client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable tour.

5. Medical Conditions

All clients are obligated to truthfully provide requested relevant medical information to Tembo Elite Adventures upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate on a tour with us. All clients should consult their physician regarding their fitness for taking part in the booked tour. Tembo Elite Adventures recommends all clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the client’s travel with Tembo Elite Adventures. Adventure tours provided by Tembo Elite Adventures involve visiting remote or less developed regions of Tanzania, where medical facilities may not meet the standards of those found in a client’s home country. The condition of medical facilities in these areas varies and Tembo Elite Adventures makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.

6. Special Requirements

Tembo Elite Adventures will strive to accommodate the special requests of clients, including dietary and accommodation requests, but such requests do not form part of these Terms and Conditions or the contract between the client and Tembo Elite Adventures. Tembo Elite Adventures is not liable for any failure to accommodate or fulfil such requests.

7. Prices, Surcharges & Taxes

Due to the nature of the tourism industry in Tanzania and the costs associated with safari operations, all tour prices are subject to change prior to full payment and up to 30 days before departure. Tembo Elite Adventures reserves the right to apply reasonable surcharges where necessary as a result of significant increases beyond its control, including but not limited to:

  • fuel and transportation costs;
  • park fees and government-imposed charges;
  • taxes and third-party supplier costs;
  • accommodation rate increases; and
  • currency exchange fluctuations.

Tembo Elite Adventures will make every reasonable effort to absorb minor cost increases before applying any surcharge to a booking. Should a surcharge become necessary, Tembo Elite Adventures will notify affected clients as soon as reasonably practicable and will work in good faith with clients to address any concerns arising from the adjustment.

8. Changes to the itinerary

The client acknowledges by booking a tour with Tembo Elite Adventures that the nature of adventure travel, especially in Africa, requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by Tembo Elite Adventures. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries,

amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the tour will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Tembo Elite Adventures and that Tembo Elite Adventures is not liable to any client for such changes or amendments. Tembo Elite Adventures shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Tembo Elite Adventures, its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions. Although Tembo Elite Adventures will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the tour departure. However, Tembo Elite Adventures is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Tembo Elite Adventures is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Tembo Elite Adventures. In such circumstances we will provide alternative accommodation of at least the same standard or higher standard.

9. Risk

The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to clients’ health and/or safety. The client hereby assumes all such risk and does hereby release Tembo Elite Adventures from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting wild and remote areas, and participating in adventurous activities such as those included in the tour itineraries. Standards of hygiene, accommodation and transport in some areas where the tours take place are often lower than comparable standards than what the client may reasonably expect in their home country or region. The client acknowledges and agrees that Tembo Elite Adventures will provide, to the best of its ability, information or guidance to the client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where tours are operated, but will not be liable if the client does not act according to the information provided.

The client must at all times strictly comply with all applicable laws and regulations of Tanzania and regions visited on the applicable tour. Should the client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tembo Elite Adventures (acting reasonably), the client’s behaviour is causing or is likely to cause danger, distress or material annoyance to others, Tembo Elite Adventures may terminate that client’s travel arrangements on any tour immediately without any liability on Tembo Elite Adventures part and the client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals. Clients agrees to take all prudent measures in relation to their own safety while on any Tembo Elite Adventures tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to client health and safety. Tembo Elite Adventures, nor its Third Party Suppliers shall be liable for any failure on the client’s part to comply with safety instructions or recommendations of Tembo Elite Adventures or its Third Party Suppliers.

10. Complaints

If clients have any cause for complaint whilst travelling, they must notify Tembo Elite Adventures management and/or their assigned guide or local representative immediately so that we are given a reasonable opportunity to investigate and resolve the issue during the tour. Clients may contact Tembo Elite Adventures at: admin@temboeliteadventures.com

Tembo Elite Adventures will make every reasonable effort to address and resolve any complaint promptly while the tour is in progress.

Any complaint submitted only after completion of the tour, where the client did not provide Tembo Elite Adventures with a reasonable opportunity to remedy the issue during the trip, may affect the company's ability to investigate and resolve the matter.

Any complaint made after the completion of a tour must be received in writing by Tembo Elite Adventures within 30 days of the end of the tour in question.

11. Third Party Suppliers

Tembo Elite Adventures makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Although Tembo Elite Adventures takes all reasonable care in selecting Third Party Suppliers, Tembo Elite Adventures is unable to control Third Party Suppliers and does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. To the fullest extent permissible by law, Tembo Elite Adventures is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Tembo Elite Adventures.

12. Liability

Tembo Elite Adventures is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event. Tembo Elite Adventures shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings.

13. Force Majeure

“Force Majeure” means, in relation to Tembo Elite Adventures, any circumstances beyond the control of the company (including and without limitation, acts of God, explosions, floods, tempests, fires, accidents, war or threat of war, sabotage, insurrection, civil disturbance or requisition, sickness, quarantine, government intervention, weather conditions or other outwards occurrences). If Tembo Elite Adventures is affected by force majeure it shall forthwith notify you of the nature and extent thereof. Tembo Elite Adventures shall not be deemed to be in breach of these items 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. If Tembo Elite Adventures is affected by force majeure it shall be entitled to, and may at its sole and absolute discretion, vary or cancel any reservations or cancel any reservation or arrangement in relation to the visits. Payment of any refund by Tembo Elite Adventures to you as result of the non-performance of any company shall use its reasonable endeavours to reimburse you where possible.

However, Tembo Elite Adventures shall be entitled to deduct from any refund recoverable to the reasonable actual and potential costs to the company of the force majeure.

14. Images & Marketing

Tembo Elite Adventures reserves the right to use any photographs and videos taken during tours for marketing or any other advertising material. The client hereby gives consent to use such photographs and authorises the Company to retain copyright for these photographs and such material.

15. Amendments

Tembo Elite Adventures reserves the right to update and/or alter these Terms and Conditions at any time, and shall post the amended Terms and Conditions on the Tembo Elite Adventures Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on the Tembo Elite Adventures & website, or will be sent to clients upon their written request. Clients shall be deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on the website. Tembo Elite Adventures recommends that all clients refer to the Terms and Conditions prior to their travel to familiarise themselves with the most up-to-date version of the Terms and Conditions.

16. Customer Protection

Tembo Elite Adventures welcomes clients from around the world and recognizes the importance of protecting client funds and travel arrangements. To provide practical protection for our clients, Tembo Elite Adventures operates according to the following principles:

  1. Wherever reasonably possible, payments to accommodation providers, transport providers, park authorities, airlines, and other suppliers are made in advance of client arrival in order to secure confirmed services and minimize the risk of disruption to travel arrangements.
  2. Tembo Elite Adventures maintains separate accounting and financial management procedures for operational funds and company profits. Company profits are retained separately from funds allocated to supplier payments and tour operations.
  3. By securing supplier reservations and payments in advance, Tembo Elite Adventures seeks to ensure that confirmed travel arrangements remain protected and operational even in the event of unforeseen business difficulties.
  4. Clients are nevertheless strongly encouraged to maintain appropriate travel insurance covering cancellation, supplier insolvency, interruption, medical emergencies, evacuation, and other travel-related risks.

17. Governing Law and Jurisdiction

These Terms and Conditions, all bookings, and any contractual relationship between Tembo Elite Adventures and the client shall be governed by and interpreted in accordance with the laws of the United Republic of Tanzania. Any dispute, claim, controversy, or matter arising out of or in connection with a booking, a tour, these Terms and Conditions, or any services provided by Tembo Elite Adventures shall be subject exclusively to the jurisdiction of the courts of Tanzania. The client expressly agrees that any legal proceedings shall be brought only before the competent courts of Tanzania and waives any right to bring claims before the courts of any other country or jurisdiction, except where such waiver is prohibited by applicable law.