Terms and Conditions


Kilimanjaro Tours LTD – Terms and Conditions

Contents

Definitions
1      Booking Tours
2      Cancellation and alteration
3      Your responsibilities
4      Liability of Tour Company
5      Insurance
6      Force majeure
7      Successors to agreement
8      Severability and waiver
9      Notices
10    Entire understanding
11    Miscellaneous matters
12    Dispute resolution
13    Jurisdiction

 

The background to this agreement is:

 

Kilimanjaro Tours LTD arranges treks to climb Mount Kilimanjaro in Tanzania. These treks, (including; accommodation, some meals, transfers between the Hotel and Kilimanjaro International Airport and transfers to and from the start and finish points at the base of Mount Kilimanjaro and the Hotel), to customers, upon the following terms and conditions.

Where the Tour comprises a package holiday, within the meaning of the Package Travel Regulations 1992, your attention is drawn to the provisions on the Kilimanjaro Tours LTD website, regarding:

  • general information regarding the requirement for a valid passport;
  • any necessary visas and procedure and timescale to obtain them;
  • any health requirements for the journey and the stay;
  • the measure taken by the Tour Company to keep secure the money which you pay for the Tour;

The website also contains suggested insurance policies to cover you for your Kilimanjaro trek.

 

15% off all future Kilimanjaro trek & safari bookings

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Definitions

These definitions apply unless the context of the Agreement requires a different interpretation:

“Booking” 

means any placing of a request by you, in person, in writing (email or written) or by telephone, for you or a member of your party to be included in a Trek, either direct to Kilimanjaro Tours LTD or through any authorised agent, together with full, cleared deposit payment for the tour, as advertised

“Confirmation” 

means confirmation, by Kilimanjaro Tours LTD of a Booking for a trek and “confirmed” shall be construed accordingly

“Itinerary” 

means the details of your trek

“Package Holiday” 

means a package holiday within the meaning of the Package Travel Regulations 1992

“Route” 

means one for the six official paths on Mount Kilimanjaro, (Lemosho, Machame, Rongai, Shira, Umbwe, Marangu).

“Ticket” 

includes an electronically generated ticket

“Trek”

includes any Mount Kilimanjaro climb advertised with itinerary and price, to be arranged by Kilimanjaro Tours LTD , as described on its website www.kilimanjarotours.co.uk

“Writing” 

includes electronic writing

“You”

means the Client which may include any person over the age of 18 years or any minor accompanied by such a person

The terms of this Agreement are:

1    Booking Tours 

1.1 In orders for you to come on a trek arranged by us, you must make a Booking. This is done by completing the online booking form and paying a non-refundable deposit of 20% of the total advertised price. It is your responsibility to ensure that the Booking and the Trek are suitable for your requirements and capacity (including your physical and medical state and any disabilityfrom which you may suffer), in every respect.

1.2    Provided that a place on the Trek booked is available and Kilimanjaro Tours LTD is satisfied that there is no good reason to refuse the Booking, Kilimanjaro Tours LTD will confirm the Booking in writing. You must then pay the balance of the advertised Trek price within 60 days. At that point, and not before, the Booking is complete and a contract is then made for the provision of the Trek.

1.3    As soon as practicable, after booking confirmation, you will be sent an itinerary, either by Kilimanjaro Tours LTD or its duly authorised agent.

1.4    Where the Trek constitutes a Package Holiday, the following provisions on the website shall constitute part of the Booking terms and conditions:

1.4.1    the destinations and, where more than one, the time to be spent at each;
1.4.2    the means, characteristics and categories of transport with dates and times and points of departure and return; any intermediate stops and connections and where to go or stay to effect them;
1.4.3    where accommodation is included, the location, degree of comfort and main features (including categorisation in a member state of the EU)
1.4.4    what, if any meals are included in the Trek;
1.4.5    whether there is a minimum number of clients before the Trek is cancelled and the timetable for any such cancellation;
1.4.6    the itinerary;
1.4.7    the excursions and tours included in the price and any surcharges that might arise and their method of calculation;
1.4.8    the name and address of the organizer and any insurer, together with a local representative, whether associated with Kilimanjaro Tours LTD or not;
1.4.9    the total price for the package holiday and any charges, taxes, dues not included;
1.4.10    the payment schedule and accepted methods of payment;
1.4.11    the need to agree any special requirements with Kilimanjaro Tours LTD;

 

2    Cancellation and alteration

2.1    any cancellation by you of a Booking must be made in writing to Kilimanjaro Tours LTD or its duly authorised agent. If cancellation of your booking is made the following charges will be applicable:

 

2.1.1    If written notice is received more than 61 days from trip departure, the 20% deposit will not be refunded.
2.1.2    If written notice is received between 60 and 40 days from trip departure, 60% of the total price will be refunded.
2.1.3    If written notice is received between 39 and 31 days from trip departure, 40% of the total price will be refunded.
2.1.4    If written notice is received less than 30 days from trip departure, the total price is non-refundable.

 

2.2    No refunds will be made in relation to the return part or any other unused part of a trek. This includes returning on illness on the trek or bad weather on the trek.

2.3    You may give a minimum of 61 days’ written notice, before the start of your booked or confirmed Trek, to Kilimanjaro Tours LTD to change the Trek date or route. This written notice must be made either direct or through its duly authorised agent. Any excess money will be refunded to you, subject to the payment of a £50.00 administration charge.

2.4    Where an originally booked Trek is changed in accordance with paragraph 2.4, any discount applied to the price of the original Trek will no longer apply to the cost of any replacement Trek.

2.5    Where the Trek comprises a Package Holiday, Kilimanjaro Tours LTD shall advise you as to any proposed changes to the Trek and allow you the opportunity to withdraw without financial penalty.

2.6    If we have to alter your itinerary travel or holiday arrangements, any change will be minor. Although it is unlikely that we will have to make any changes to your travel arrangements, we do plan the arrangements many months in advance and as a result we may have to make changes and we reserve the right to do so.

2.7    Where a change is necessary, such as; (hotel accommodation, campsites on the route or additional acclimatisation treks), we will, if practical, advise you before departure, but we are not obliged to do so or to pay you compensation.
2.8    In the unlikely event that we become unable to provide a significant proportion of your trip after you depart, we will make alternative arrangements for you to continue the trip at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure.

2.9    If the Tour Company has to cancel your holiday before the date of departure, you will have the choice of:

2.9.1    taking an alternative route (and where this is of a different price you or we will refund the difference as appropriate);
or
2.9.2    accepting the full refund of all monies paid.

3    Your obligations

3.1    you must ensure that any medical or other attendance that you require is provided by you and also you have seen a doctor to go through any medical issues.

3.2    You agree that you may be photographed in the course of the Trek for the purpose of Kilimanjaro Tours LTD future publicity and that any written comments you make about the Trek or Kilimanjaro Tours LTD may be published by Kilimanjaro Tours.

3.3    You agree to abide by any reasonable directions (especially any given on account of health and safety, weather and illness of any person), given by the Kilimanjaro Tours Ltd representatives or a third party representative in the course of the Trek.

3.4    You agree to behave in a reasonable and responsible manner and, in particular that you will do nothing which might endanger the health and safety of any person involved in the Trek or which might result in personal injury to any person or loss of or damage to property belonging to Kilimanjaro Tours Ltd or third party representative, its representatives or other Clients.

3.5    You agree that it is your responsibility to carry any necessary valid passport or visa, necessary for the Trek.

3.6    You agree to inform us of any special requests at the time of booking. We will advise the relevant supplier of such requests but cannot guarantee that they will be met. Furthermore, Kilimanjaro Tours LTD has no liability to you if such requirements are not met.

4    Liability of Tour Company

4.1    When Kilimanjaro Tours LTD supplies ancillary services, which include any services supplied by a third party, Kilimanjaro Tours LTD does not give any warranty or guarantee as to their quality, fitness for purpose or otherwise but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying those services to Kilimanjaro Tours LTD.

4.2    Kilimanjaro Tours LTD shall have no liability to you for any loss, damage, costs or expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, illegible, out of sequence or in the wrong order or form, or arising from your late arrival, non-arrival or any other fault of yours.

4.3    Kilimanjaro Tours LTD shall not be liable to you in respect of death or personal injury by reason of any innocent representation or any implied warranty, condition or other term, or any duty at common law, for any loss of profit, opportunity or any indirect, special or consequential loss, damage, costs, expenses or other claims (however caused) which arise out of or in connection with the provision of any Trek (including any delay or failure to provide it).

4.4    Kilimanjaro Tours LTD is not responsible for any act or omission of yours which results in death, personal injury or loss of, or damage to property of any other client.

5    Insurance 

5.1    Insurance for medical emergency, including repatriation in any such event, is not included in the cost of the Trek.

5.2    It is a condition of Booking that all travellers be covered by comprehensive travel insurance and do not travel against medical advice. You should organise it immediately you book so as to be covered in case of the ill health of yourself, a close relative or your travelling companion. We must be provided with details of your policy by, at the latest, one month prior to departure.

   Force Majeure

6.1    Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or threat of war, riot, civil strife, military hostilities, actual or threatened terrorist activity, natural or nuclear disaster, industrial dispute, strikes of employees, adverse weather conditions and similar events outside our control.

 

6.2    Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

6.3    Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure, except in relation to liabilities accrued before the occurrence of the force majeure.

6.4    Where you have to cancel a Booking as a result of force majeure, your place may be offered to another person who would then pay you for your ticket.

   Successors to the agreement

7.1    Kilimanjaro Tours LTD is entitled to assign the benefit of this agreement

7.2    The benefit and obligations of this agreement shall be binding on any successor in title.

8    Severability and waiver

8.1    If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable.

8.2    No delay by Kilimanjaro Tours LTD in exercising any right, power or provision hereunder shall operate as a waiver of the exercise of any right at a future time.

9    Notices

Any notice to be served on either of the parties by the other shall be sent by first class post or pre-paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.

10    Entire understanding

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.  Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty or other term not forming part of this agreement, including by reference.

11    Miscellaneous matters

In this Agreement, unless the context requires a different interpretation:

 

11.1    References to the singular include the plural;
11.2    The headings in this document are for reference only, and
11.3    References to a numbered rule are a reference to the rule bearing the corresponding number in this agreement.

12    Dispute resolution

12.1    In the event of a dispute arising out of or in connection with this Agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

12.2    Subject to clause 12(1), if any difference shall arise between any of the parties touching the meaning of this Agreement or the rights and liabilities of the parties, the same shall be referred to arbitration by a single arbitrator to be appointed, on the application of either side, by the President for the time being of the Law Society.

13    Jurisdiction

This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.