PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE MAKING A BOOKING OR PAYMENT. THEY CONTAIN IMPORTANT INFORMATION CONCERNING CANCELLATIONS, REFUNDS, THIRD-PARTY SUPPLIERS, TRAVEL RISKS, LIMITATIONS OF LIABILITY, AND DISPUTE RESOLUTION.
These Booking Terms & Conditions (“Terms”) govern bookings for tours, excursions, transportation arrangements, accommodations, activities and other travel-related products or services (collectively, a “Tour” or “Services”) arranged or provided by Across Africa Tours & Travel (“Across Africa,” “Company,” “we,” “us,” or “our”).
Across Africa Tours & Travel is registered in the State of Delaware, United States.
The person making the booking and each person traveling under that booking are referred to individually as a “Traveler” and collectively as “Travelers.”
These Terms, together with the applicable Booking Confirmation, invoice, final itinerary and any document expressly incorporated into them, constitute the agreement governing the booking (“Agreement”).
Nothing in these Terms excludes, restricts or modifies any consumer right, remedy, warranty or liability that applicable law does not permit the parties to exclude, restrict or modify.
Before completing a booking or making a required payment, the Lead Traveler may be required to affirmatively acknowledge these Terms electronically or in writing.
By affirmatively accepting these Terms and submitting a booking or payment, the Lead Traveler confirms that they have read, understood and agreed to these Terms.
Where a booking is made online, electronic acceptance, including selection of an acceptance checkbox or similar affirmative electronic action, may constitute the Traveler’s electronic acceptance of these Terms.
The Company may retain electronic records reasonably evidencing acceptance, including the date of acceptance, version of the Terms accepted, booking reference and transaction information.
The version of these Terms accepted in connection with a booking will ordinarily govern that booking.
Publication of revised Terms on the Company’s website does not, by itself, retroactively alter material contractual rights applicable to an already confirmed booking.
A booking becomes confirmed when:
The Traveler must review the Booking Confirmation promptly and notify the Company of any error or discrepancy.
Names supplied for airline tickets, permits, visas, hotel reservations and other travel services must correspond exactly with the relevant Traveler’s passport or identification documents.
The Company is not responsible for costs caused by incorrect information supplied by a Traveler, except to the extent the error was caused by the Company.
The person making a booking must be at least eighteen (18) years old and legally capable of entering into a binding agreement.
A person making a booking for other Travelers (“Lead Traveler”) represents that they are authorized to provide booking information and receive ordinary booking communications on behalf of those Travelers.
The Lead Traveler is responsible for:
Where applicable law, a supplier or the Company requires an individual Traveler to execute a separate waiver, consent, medical authorization, acknowledgment or other document, acceptance by the Lead Traveler does not replace that individual requirement.
Unless otherwise expressly stated in the Booking Confirmation, a deposit equal to thirty percent (30%) of the total Tour price is required to secure a booking.
The deposit is non-refundable except where these Terms or applicable law expressly provide otherwise.
Where the Company’s Reusable Deposit Credit provisions apply, an eligible retained deposit may be used toward a qualifying future booking in accordance with Section 12.
Unless otherwise stated in the Booking Confirmation, the outstanding balance must be received no later than twenty-one (21) business days before the scheduled commencement of the Tour.
For purposes of these Terms, a “Business Day” means Monday through Friday, excluding U.S. federal holidays.
Bookings made after the final-payment deadline may require immediate payment in full.
Failure to make payment when due may result in cancellation of the booking after any notice required by applicable law. The applicable Traveler Cancellation provisions will then apply.
The Company may accept payment by credit card, debit card, bank transfer, PayPal, Zelle, Venmo, digital wallet or another payment method approved by the Company.
Any payment-processing, card, bank, wire-transfer or similar fee imposed on the transaction will be disclosed where required before the Traveler becomes obligated to pay it.
The Traveler is responsible for fees charged independently by the Traveler’s own bank, card issuer or payment provider.
The contractual billing currency will be stated on the applicable invoice or Booking Confirmation.
Where a price is displayed or discussed in another currency for convenience, the converted amount is indicative unless expressly confirmed as the contractual price.
The Company is not responsible for exchange-rate differences or foreign-transaction charges independently imposed by banks, card issuers or payment providers.
The Company may correct an obvious clerical, computational, typographical or system pricing error before a booking becomes confirmed.
If a material pricing error is discovered after confirmation, the Company will promptly notify the Traveler and provide any options required by applicable law.
The Company will not intentionally advertise one price merely to substitute a materially different price after booking.
Tour prices include only those taxes, charges and fees expressly identified as included in the Booking Confirmation.
Government taxes, park fees, conservation fees, permit charges, fuel surcharges or similar charges imposed or materially increased after booking may be passed through to the Traveler only where permitted by the Agreement and applicable law.
The Company will provide reasonable notice of a material additional charge.
Where a Traveler cancels an eligible booking and these Terms provide that the Company retains the 30% deposit, the retained deposit may be converted into a Reusable Deposit Credit rather than forfeited entirely.
Unless otherwise stated in writing:
The Company will not describe a credit as a “Lifetime Deposit” unless the applicable written credit confirmation expressly states that the credit does not expire.
A Traveler may cancel by providing written notice to the Company.
Cancellation becomes effective when the Company receives the written cancellation notice.
Unless the Booking Confirmation contains a different cancellation policy expressly applicable to the booking, the following schedule applies.
The Company will retain the 30% deposit as a Reusable Deposit Credit where eligible.
Amounts paid above the deposit will be refunded, less any separately disclosed non-refundable supplier-specific amounts, to the extent permitted by applicable law.
The Company will retain the 30% deposit as a Reusable Deposit Credit where eligible.
Of amounts paid above the deposit, 50% will be refundable and 50% will constitute a cancellation charge, subject to supplier-specific non-refundable amounts and applicable law.
Amounts paid are non-refundable except for:
Cancellation charges reflect, among other things, administrative work, advance commitments, supplier cancellation policies and the decreasing ability to resell travel arrangements as departure approaches.
Certain airline tickets, permits, gorilla permits, park fees, hotel rates, charter flights, cruise services, activity reservations or other supplier components may become non-refundable earlier than the Company’s general cancellation schedule.
Where a material supplier-specific non-refundable condition differs from the Company’s standard cancellation schedule, the Company will disclose that condition before the Traveler becomes bound to purchase the affected component where required by applicable law.
Except where required by applicable law, no refund or credit is ordinarily provided for Services voluntarily unused by a Traveler after the Tour has commenced.
This includes Services missed because of:
A Traveler who misses the scheduled commencement of a Tour is responsible for the additional cost of joining the Tour.
The Company will provide reasonable assistance where practicable but cannot guarantee that a Traveler will be able to rejoin the itinerary.
Each Traveler is responsible for determining and satisfying all passport, visa, transit-visa, immigration, entry, exit, vaccination, health-document, permit and other governmental requirements applicable to the Traveler.
Requirements may differ according to nationality, passport, residence, age, travel history, transit countries, destination and personal circumstances.
Passports must have sufficient validity and blank pages as required by the applicable authorities.
The Company may provide general visa or entry information or, where separately agreed, administrative assistance with documentation.
Such assistance does not constitute legal or immigration advice and does not guarantee that:
Government authorities retain exclusive authority over visas, immigration and admission.
A visa refusal, immigration refusal or documentation problem does not automatically entitle the Traveler to a refund outside the applicable cancellation provisions.
ACROSS AFRICA TOURS & TRAVEL DOES NOT PROVIDE TRAVEL INSURANCE UNLESS EXPRESSLY STATED OTHERWISE IN WRITING.
The Company strongly recommends that every Traveler independently obtain suitable travel insurance appropriate to their circumstances and itinerary.
Travelers should consider coverage for:
The Traveler is responsible for evaluating the terms, limits, exclusions and suitability of any insurance purchased.
Travelers are responsible for assessing whether they are medically and physically able to participate safely in the itinerary.
Travelers should obtain appropriate professional medical advice where relevant, particularly where a Tour involves strenuous activity, altitude, remote locations, limited medical infrastructure or other unusual conditions.
Travelers should notify the Company sufficiently in advance of any mobility requirement, disability-related accommodation, significant allergy, dietary requirement or medical circumstance reasonably relevant to arranging or safely delivering the Services.
The Company will evaluate reasonable accommodation requests in accordance with applicable law and the practical characteristics of the Tour and relevant Third-Party Supplier services.
Advance notice helps the Company evaluate available arrangements but does not waive rights provided by applicable law.
Facilities, vehicles, infrastructure and accessibility standards at some international or remote destinations may differ substantially from those available in the Traveler’s home jurisdiction.
The Company cannot guarantee that every supplier or destination will be capable of satisfying every request.
A pregnant Traveler is responsible for consulting an appropriate healthcare professional regarding the suitability of the proposed itinerary and activities.
Airlines, cruise lines, activity operators and other suppliers may impose pregnancy-related participation restrictions.
The Company does not provide medical advice.
Travelers are responsible for carrying necessary prescription medication and determining applicable import or customs restrictions.
Travelers with potentially serious allergies should communicate those allergies to the Company and relevant suppliers.
The Company cannot guarantee an allergen-free environment or complete avoidance of cross-contamination.
If a Traveler becomes seriously ill or injured and cannot provide instructions, the Company or its representatives may seek emergency assistance where reasonably necessary.
The Traveler remains responsible for medical treatment, evacuation, repatriation, additional accommodation, transportation and related expenses except to the extent another party is legally responsible.
A person under eighteen (18) years of age at commencement of travel is a minor.
Unless expressly approved otherwise in writing, minors must travel with a parent, legal guardian or adult properly authorized by the parent or guardian.
Unless a Tour description provides otherwise, the Company’s general minimum age is eight (8) years.
The Company may impose a higher minimum age for particular itineraries or activities.
The accompanying adult is responsible for obtaining all documentation required for a minor’s international travel, including parental consent letters, guardianship documents, birth certificates, visas or other governmental documentation where applicable.
Separate parental consent, medical authorization, activity waivers or photography consent may be required.
Nothing in these Terms purports to waive a minor’s legal rights where applicable law does not permit such rights to be waived.
Unless the Company expressly agrees in writing to provide a supervised youth program, the Company does not provide childcare or chaperone services.
The accompanying responsible adult remains responsible for the minor’s supervision and conduct.
The Company arranges components of Tours through independently operated businesses, which may include:
These entities are collectively referred to as “Third-Party Suppliers.”
Unless expressly stated otherwise, Third-Party Suppliers are independent businesses and are not owned or controlled by the Company.
Services provided by Third-Party Suppliers may be subject to the supplier’s own tariffs, conditions of carriage, cancellation policies, waivers and other terms, as well as applicable laws and international conventions.
Those terms may limit a supplier’s liability.
To the fullest extent permitted by applicable law, the Company is not responsible for independent acts, omissions or negligence of Third-Party Suppliers whose day-to-day operations the Company does not control.
Nothing in these Terms excludes or limits responsibility imposed on the Company by applicable law for the Company’s own acts or omissions.
The Company does not warrant that every Third-Party Supplier complies with the laws or regulatory standards of the Traveler’s country of residence.
International travel, particularly adventure and remote travel, involves inherent risks.
Depending on the itinerary, risks may include:
Travelers voluntarily choosing to participate acknowledge and accept the inherent risks ordinarily associated with the itinerary and activities.
Nothing in this section excludes liability that applicable law does not permit the Company to exclude.
The Company or a Third-Party Supplier may require a Traveler to execute a separate acknowledgment or waiver before participating in a higher-risk activity.
Failure to execute a legitimately required activity waiver may result in the Traveler being unable to participate in that activity.
Any refund entitlement will depend on the circumstances, supplier terms and applicable law.
Travel itineraries necessarily involve operational variables.
The Company may make reasonable changes to accommodations, transportation, guides, routes, activities, schedules or other itinerary components when reasonably necessary because of:
Where reasonably practicable, substitute services will be of a reasonably comparable character considering the itinerary as a whole.
A “Material Change” means a pre-departure change that substantially alters a principal characteristic of the contracted Tour.
A minor timing adjustment, sequence change, route adjustment, guide change, transportation substitution or reasonably comparable accommodation substitution will not ordinarily constitute a Material Change.
Whether a change is material will be considered in the context of the Tour as a whole rather than solely by counting the number of affected days.
If the Company makes a Material Change before departure, it will notify the Traveler as soon as reasonably practicable.
Depending upon the circumstances, the Company may offer:
Nothing in this section limits remedies that applicable law requires.
Hotel classifications, star ratings and descriptions vary between countries and rating systems.
Where a specifically identified hotel becomes unavailable, the Company may substitute a reasonably comparable property where practicable.
Photographs used in itineraries, brochures, proposals or websites are illustrative unless expressly stated to depict the specific room, vehicle or exact service contracted.
Subjective dissatisfaction with an accommodation does not, by itself, create an automatic right to a refund where the contracted accommodation or a reasonably permitted substitute has been provided.
Nothing in this provision excuses a material misrepresentation or eliminates rights provided by applicable law.
Certain Tours require a minimum number of participants.
Where applicable, the minimum participation requirement should be identified in the Tour description or booking documentation.
If the minimum is not reached, the Company may offer:
The Company will not automatically impose a material supplemental charge that the Traveler has not previously authorized or subsequently accepted.
Where the Company describes a departure as “Confirmed” or “Guaranteed,” that description means the Company presently expects the departure to operate and will not ordinarily cancel it solely because of ordinary minimum-participation requirements.
It does not mean operation is unconditional.
Every departure remains subject to Force Majeure, governmental restrictions, safety considerations, supplier failure, events making performance unlawful or impossible, and other circumstances expressly permitted under these Terms.
“Force Majeure” means an event or circumstance beyond the Company’s reasonable control that prevents, materially impairs, makes unlawful or materially affects the safe or commercially reasonable performance of a Tour or Service.
Force Majeure may include:
Where Force Majeure materially affects a Tour, the Company may reasonably:
The Company will consider amounts actually recoverable from Third-Party Suppliers and provide refunds, credits, substitute services or other remedies to the extent required by the Agreement and applicable law.
Amounts irrevocably paid to Third-Party Suppliers and not recoverable by the Company may affect amounts available for refund only to the extent permitted by applicable law.
The Company will not rely upon Force Majeure to retain money that applicable law requires to be refunded.
If the Company cancels an entire Tour before departure for reasons within its reasonable control and Force Majeure does not apply, the Company may offer the Traveler:
Unless applicable law provides otherwise, the Company is not responsible for independently purchased arrangements not included in the booking, such as separate airfare, visas, vaccinations, parking or accommodation.
Travel insurance is strongly recommended for these exposures.
Travelers must comply with applicable laws and reasonable safety instructions.
The Company may terminate a Traveler’s participation where the Traveler:
Where reasonably practicable and appropriate, the Company may first provide a warning.
A Traveler removed for conduct described above is responsible for reasonable additional accommodation, transportation and onward-travel expenses resulting from the removal except where applicable law requires otherwise.
Unused services resulting from removal are ordinarily non-refundable, subject to applicable law.
A Traveler is responsible for actual and reasonable repair, replacement or cleaning costs arising from property damage caused by that Traveler.
The Company or supplier may request reasonable supporting documentation of material charges.
Travelers are responsible for safeguarding passports, money, baggage, electronics and other personal belongings.
Airline, cruise, rail and transportation baggage services are subject to the relevant carrier’s rules and applicable laws or international conventions.
Assistance by the Company with a baggage claim does not mean the Company assumes the carrier’s responsibility for the baggage.
Travelers should promptly report a problem to the Tour Leader, guide, supplier or Company representative during travel so that a reasonable opportunity exists to investigate and, where practicable, remedy the problem.
Travelers should not wait until completion of the Tour to report a problem that reasonably could have been addressed during travel.
Post-travel complaints should preferably be submitted to the Company in writing within thirty (30) days following completion of the relevant Tour.
Failure to report a problem promptly may be considered to the extent that the delay materially prevented the Company or supplier from investigating, mitigating or correcting the issue.
Failure to complain within 30 days does not eliminate any right that applicable law does not permit the Traveler to waive.
Nothing in these Terms waives a Traveler’s legitimate chargeback, billing-dispute or consumer-protection rights that cannot lawfully be waived.
Before initiating a payment dispute, Travelers are encouraged to contact the Company so that the Company has an opportunity to investigate and resolve the issue.
If a chargeback or payment dispute is initiated, the Traveler acknowledges that the Company may provide the card issuer, payment processor, bank or dispute-resolution provider with records reasonably necessary to respond to the dispute, including:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM A BREACH OF THIS AGREEMENT WHERE SUCH DAMAGES MAY LAWFULLY BE EXCLUDED.
This may include, where legally permissible, lost profits, loss of business opportunity and costs relating to independently purchased arrangements not forming part of the Company’s booking.
Nothing in this section limits liability that applicable law prohibits the Company from limiting or excluding.
To the fullest extent permitted by applicable law, the Company’s aggregate contractual liability arising from a particular Tour or Service will not exceed the amount actually paid to the Company for the Tour or Service giving rise to the claim.
This limitation does not apply where applicable law prohibits such a limitation.
Nothing in these Terms excludes liability for conduct or damages that applicable law does not permit to be excluded or limited.
The Company may photograph or record Tour activities for operational or documentary purposes where lawful.
The Company will obtain separate consent where consent is required for identifiable images to be used for commercial advertising or promotional purposes.
Travelers may notify the Company that they do not wish to appear in Company marketing photography, subject to incidental appearances in crowd or public-location imagery where applicable law permits.
Separate parental or guardian authorization should be obtained before identifiable images of minors are intentionally used for Company marketing where required.
The Company processes personal information reasonably necessary to arrange and administer travel, which may include contact details, passport information, travel information, payment-related information and information concerning accommodation, accessibility or dietary requirements.
The Company’s processing of personal information is governed by its separate Privacy Policy/Privacy Notice, available on the Company’s website.
Travelers should review that Privacy Notice before submitting personal information.
International travel may require personal information to be transmitted to hotels, airlines, government authorities, guides, transportation providers and other suppliers located outside the Traveler’s country of residence.
Such information will be processed and transferred subject to applicable privacy and data-protection requirements.
Bookings may be made through travel agents, online travel agencies, TourRadar, marketplaces, group organizers, corporate clients or other intermediaries.
Such intermediaries may impose their own terms relating to their services, payments, commissions, platform use or cancellations.
These Terms govern the Company’s Tour Services except where the applicable booking documentation expressly provides otherwise or mandatory law requires otherwise.
An independent travel agent, marketplace, group organizer or other intermediary is not authorized to modify these Terms or make additional contractual promises on behalf of the Company unless the Company expressly confirms the modification or promise in writing.
The Company may communicate with Travelers through email, telephone, messaging applications such as WhatsApp, booking platforms or other contact methods provided by the Traveler.
Operational communications do not modify the Agreement unless the communication clearly states that it is modifying the booking and is issued or expressly authorized by the Company.
These Terms, the Booking Confirmation, final agreed itinerary, invoice and documents expressly incorporated into them constitute the Agreement governing the booking.
Marketing descriptions, photographs, preliminary quotations, draft itineraries, brochures, emails, text messages, WhatsApp messages or oral discussions do not independently modify the final Agreement unless expressly incorporated into the confirmed booking or subsequently confirmed by an authorized Company representative as a contractual modification.
Nothing in this section excludes liability for fraudulent or legally actionable misrepresentation or eliminates consumer rights that applicable law does not permit the Company to waive.
Before commencing formal legal proceedings, the Traveler and Company are encouraged to provide written notice of the dispute and attempt in good faith to resolve it.
This provision does not require a Traveler to delay action where doing so would cause a statutory limitation period or other mandatory legal deadline to expire.
To the fullest extent permitted by applicable law, this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.
Nothing in this provision deprives a consumer of mandatory protections of the jurisdiction whose laws apply notwithstanding a contractual choice of law.
To the fullest extent permitted by applicable law, any judicial proceeding arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in the State of Delaware, and the parties consent to the jurisdiction of such courts.
This provision does not apply where mandatory consumer law provides the Traveler with a non-waivable right to bring proceedings in another jurisdiction or where enforcement of the selected forum would otherwise be prohibited by applicable law.
The Company does not impose mandatory consumer arbitration through these Terms unless a separately adopted arbitration provision has been reviewed and implemented in accordance with applicable federal and state law.
Nothing prevents the Company and a Traveler from mutually agreeing to mediation or arbitration after a dispute arises.
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed where appropriate.
The remaining provisions will continue in effect to the extent permitted by law.
Failure by the Company or Traveler to enforce a provision on one occasion does not constitute a waiver of that provision on another occasion.
A Traveler may not transfer a confirmed booking to another person without the Company’s prior written approval and satisfaction of applicable supplier requirements.
The Company may use contractors and Third-Party Suppliers in performing the Services.
The Company may revise these Terms prospectively for future bookings.
The Terms accepted in connection with an existing confirmed booking will ordinarily remain applicable to that booking.
A material contractual amendment affecting an existing booking will not become binding merely because revised Terms are posted on the Company’s website.
This does not prevent operational itinerary modifications expressly permitted by these Terms or changes required by applicable law or governmental authority.
If any applicable federal, state, foreign or local law provides a Traveler with rights that cannot lawfully be waived, restricted or excluded, those rights remain unaffected.
Nothing in these Terms is intended to eliminate responsibility that applicable law requires the Company to bear.
Questions, cancellation notices and formal complaints concerning a booking should be directed to:
Across Africa Tours & Travel
Email: [email protected]
Legal/Dispute Correspondence: [email protected]
These Terms & Conditions apply to bookings made with Across Africa Tours & Travel.
The Company’s Terms & Conditions shall be made reasonably available to the Traveler before the Traveler submits a booking or makes the required deposit or other payment.
IMPORTANT: By submitting a booking request or making a deposit or other payment after being provided with or given conspicuous access to these Terms & Conditions, the Traveler acknowledges that the booking is subject to these Terms & Conditions.
A link to these Terms & Conditions should be displayed prominently on the applicable booking, quotation, invoice or payment page before payment is submitted.
The Company may also provide or link to these Terms & Conditions in quotations, invoices, payment requests, booking correspondence and Booking Confirmations.
The Company should maintain reasonable business records identifying the version of the Terms & Conditions applicable to each confirmed booking, together with the Booking Confirmation, invoice, payment record and relevant booking correspondence.
Where a booking is made by telephone, email, WhatsApp, through a payment link or by another method that does not permit electronic checkbox acceptance, the Company should provide the Traveler with a copy of, or conspicuous link to, these Terms & Conditions before accepting the applicable deposit or payment whenever reasonably practicable.
A Traveler’s payment does not waive any right that applicable law does not permit the Traveler to waive.