Booking Conditions
Terms and Definitions
| a. |
Your
booking is made with Nomadic Expeditions Limited (thereafter referred
to as the Company) Registered Office, 26 Matthews Green Road,
Wokingham. Berkshire. RG41 1JU. Co.Reg.No.3411151 |
Clients must be aware that our Tour leaders, representatives and passengers may take photographs, video and films of our Clients while on any of our tours, of which the Company reserves the right to use such material for any advertising, brochure and video production and other marketing uses (including footage for TV) without obtaining further consent. |
| b. |
By signing the booking form you become the ‘client/s’ and thereafter become bound by the Conditions of Contract. | The Company also reserves the right to use any comments Clients make regarding our tours on any questionnaires or letters in future promotional literature. |
| c. |
A ‘Tour’ makes reference to any safari, tour, trip expedition or combination of sectors shown in the brochure. The client shall be deemed to have joined the tour when he/she boards the tour vehicle and shall be deemed to leave the tour on finally leaving the tour vehicle, whether on completion of tour or upon exclusion from tour. | Any failure on the Clients behalf to comply with any or all of these conditions of contract or any violation whatsoever thereof or any activities carried out by the Client/s to have a serious detrimental effect on the safety and moral of any given tour, will be the right reserved by the Company excluded from the tour, with no liability on the Company’s behalf. Contingency |
| d. |
Force Majeure is any situation of happening which is beyond the Company’s control i.e. An act of god, war, riots, civil strike, terrorist activity, industrial dispute, fire, natural or industrial disaster, adverse road/or road conditions, bureaucratic non compliance, alterations to bus, ferry, airline, train schedules etc. | It is the responsibility of the Client to bring enough spending money for personal matters, optional extras (stated as such in the Company’s information package) and any possible contingency not covered in the tour price, i.e. unplanned air or sea transport. Unsuitability of Client |
| e. |
Consolidation makes reference to the minimum number of passengers required to operate all tours. This number varies according to tour description, vehicle scheduling and/or time of year. | The Company does not insist on any restrictions but this type of adventurous travel requires a certain amount of maturity and stamina. The Client must confirm to the Company that he or she is in good health and all existing or pre-existing illness/ allergies must be declared to the Company. If absolutely necessary, the Company reserves the right to request a medical statement from their GP to confirm they are fit to travel. |
| f. |
The information contained within this brochure is supplied to the client in good faith and is based on all knowledge available to the company at time of publication, even though this might be several months prior to departure. | The Company may with absolute discretion, refuse
a booking or cancel a booking or ask the Client to leave the tour
if they feel the Client would be unsafe or unsuitable to travel
for themselves and to others. Travel Insurance |
| g. |
Interpretation- Headings are for convenience only and shall not effect the construction of any provision. Except where the content otherwise indicates words denoting persons include firms and corporations and vice versa. | The Client is responsible for any loss, theft or damage to baggage or personal possessions or any consequential loss resulting there from. The policy must include £200,000 minimum cover for medical and repatriation costs. |
| h. |
Severability – if any part, term or provision of this contract is deemed to be illegal or unenforceable it shall not effect the validity or enforceability of the remainder of the contract. | Any costs whatsoever incurred by the Company on the Clients behalf are recoverable. Should a Client require medical treatment or need to be repatriated then these costs are the sole responsibility of the Client. |
| i. |
The booking conditions of the Company herein may only be waived by the written instructions of a Director of the Company and under no circumstances may any persons, organisations or employees of the Company have any authority to vary or alter these booking conditions, or any information contained in the brochure, i.e. dates, itineraries, prices, etc. | The Company reserves the right to refuse the Client admission to the tour in respect of any non-compliance with travel insurance requirements. The Client is advised by the Company to allow at least one weeks extra cover to allow for any unlikely delays. Flights It is the Clients responsibility to allow sufficient time at the beginning and end of a tour when booking flights. |
| j. |
This contract is subject to English Law as interpreted in an English court of Law. | The Contract and Deposit |
| Responsibilities of the Company All information supplied in the brochure and inserts contained therein are given in good faith and governed by the latest information available at the time of going to press. All itineraries are suggested only. Changes to the itinerary Nomadic Expeditions will take all reasonable precautions and apply reasonable checks to ensure the safety and comfort of its clients. It is unlikely that the Company will have to make changes to the Clients suggested tour, but these tours are by necessity planned many months in advance. However, due to the unpredictable nature of our tours, the Company reserves the right to make any necessary alterations or amendments to the schedule for any reason, anytime before or after departure, to ensure the safety of its Clients, Crew and Vehicle.
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No contract shall exist between the Company and
the Client until such times as the Company has received a signed
and completed booking form along with a deposit from the Client
and the Client receives a conformation of this from the Company. The deposit is set at 10% of the tour price or £150, (£50.00 for MH-7) whichever is the greater. This is a non-refundable deposit (except under conditions contained within the clause ‘cancellation by the Company’). Price Guarantee The Company operates a Total Expedition Price which comprises a Tour price paid to the Company via a trust account and a Local Payment paid to the Tour leader at point of departure. The Company guarantees not to increase its Total Expedition Price after receiving a booking conformation. However any price amendments may be made up or down prior to a client making a booking confirmation. This does not cover visas, flights, insurance, optional activities and matters of a personal nature. Payments The Client must pay the balance of the tour price, no later than 8 weeks prior to the tour departure. Otherwise the Company may treat the booking as being cancelled by the Client. |
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| 1. |
Accept the change |
Cancellation by Client Any cancellation of a booking must be received in writing and signed by the same person on the original booking form. The cancellation charges are as below: 8 weeks or more before departure lost deposit |
| 2. |
Transfer to another tour with cash adjustments
being made. |
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| 3. |
Cancel booking and receive a full refund of all monies paid. | |
| All other changes are defined as minor
changes and the Company will endeavour to inform the Client of such
changes but is under no obligation to do so, or under no obligation
to pay compensation. The company reserves the right to use any other form of alternative mode of transport it deems appropriate for the continuation of the tour, in the case of, but not limited to ‘Force Majeure’, weather conditions, mechanical breakdowns, bureaucracy, etc. The Company reserves the right to make alterations to the itinerary as described in paragraphs (Flexibility/ Changes to Itinerary). Neither Nomadic expeditions Ltd or its employees, agents, staff or other Clients shall be liable for any damage, loss or personal injury, whether or not caused or contributed to by actions or omissions of Nomadic Expeditions Ltd, its employees, agents, staff or other Clients. The Company shall not be liable for any loss or damage to baggage, personal possessions, passports and other documents or any consequential loss resulting there from, and its staff are not authorised to accept any responsibilities for their safekeeping. The Company cannot be held responsible for any information or advice given on visas, flights, climate, travel documents, spending money or any recommended personal travel equipment. This is given in good faith and the information compiled with reasonable care. No refund whatsoever will be paid in respect of any unused portion or part of the tour or services provided, due to illness or violation of any of the clauses held in ‘Responsibilities of the Client’. All the Company responsibilities and liabilities on behalf of the Client cease on completion of tour or exclusion from tour. Responsibilities of the Client The Client accepts that the expedition will be an undertaking of an unpredictable and potentially hazardous nature. The Client acknowledges that the expedition vehicle or vehicles may not have the benefit of passenger liability insurance and agrees to indemnify the Company its servants, agents, authorised representatives, helpers and other Clients against any claim or demand made against them or any of them. |
Less than 8 weeks before departure 50 % Less than 4 weeks before departure 75 % Less than 2 weeks before departure 100% Charges are levied on a Client and determined from the date the Company receives the written cancellation from the Client. It is strongly advised that the Client takes out suitable travel curtailment insurance immediately on booking. There will be no refunds whatsoever for any section/s unused. The Company reserves the right for whatsoever reason to retain the deposit and insurance premium of the Client and to refuse acceptance of the Clients application. Cancellation by the Company The Company reserves the right to cancel any tour for any reason, at any time prior to departure. Reasons include but are not limited to, consolidation, Force Majeure, mechanical breakdown, political unrest. In all cases will all monies be refunded to the Client, but in no case will the Company be liable to pay compensation for incidental expenses incurred as a result of their booking. Nomadic Expeditions will not cancel any tours less than 8 weeks 4 weeks prior to departure except in exceptional circumstances beyond its control. Consolidation The Company reserves the right at any time upto 8 weeks before departure for our West African departures and 4 weeks before departure on our Moroccan Tours, to cancel a tour due to the pre determined minimum number of Clients not being reached. A full refund of all monies paid to the company will be refunded to the Client. Conveyance of the Client If the completion of a tour is rendered impossible, illegal or in the Company’s opinion inadvisable or inappropriate due to any circumstances beyond reasonable control of the Company, it may cancel the remainder of the tour of section at any time, re-route or modify the itinerary as the company sees fit. The Client shall be bound by any cancellation or alterations made under the provisions of this clause and shall not be entitled to recover any sum paid by him/her unless the whole tour is cancelled prior to scheduled departure. Transfers |
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| 1. |
By the Client, his/her personal representatives or dependants in respect of any accident, disease, personal injury or loss of life caused to or contracted or suffered by the Client/s during the course of the expedition, whether caused by the negligence of any party thereon or therein concerned or not. | The Client may transfer to another tour up to 8 weeks before departure only if the Company receives written conformation of the intended tour change along with a signed booking form. An additional deposit plus an administration fee of £50 along with any other non-recoverable charges will be required. |
| 2. |
In respect of any accident, disease, personal injury, loss of life, damage to property caused by the Client during the course of the expedition and without derogating from the generality of the foregoing, in particular while the Client is driving any vehicle being used for the purposes of the expedition. | Any transfer considered less than 8 weeks before
departure will be treated as a cancellation with appropriate charges
being livied. The only exception being is a suitable transferee
is found and duly signs a new booking form. The same administration
charges apply. If the Client subsequently cancels the new tour then
cancellation charges based on the greater value tour will be levied. |
| Clients are therefore advised to ensure
that they are adequately covered by personal insurance in respect
of all such risks. The Company insists on this being a condition
of joining any tour. The Client is responsible for making his or her own arrangements to arrive at the tour assembly point. The Company appoints the Tour leader who will represent the Company and the Client agrees to accept the decisions of the Tour leader, who shall have absolute discretion and authority to implement any necessary decisions, in order to facilitate the safe continuation of the tour and meet the Company obligations under the contract. The Client undertakes to comply with the laws and regulations whether in respect of health, immigration, exchange control or any other matters of all the countries visited during the expedition. It is the responsibility of the Client to be in possession of a valid passport, visa permits and vaccination and other medical certificates as may be required for the whole of the tour. The Company does not accept responsibility for changes in regulations for visas or any particular requirements for visas. The Company cannot be held responsible for the failure of the Client to obtain the necessary visas. Information about these matters or related items is given in good faith. It is the responsibility of the Client to read carefully and follow the joining instructions received from the Company. The Client is under obligation to the Company to hand over any outstanding payments (local payments, etc.) to the Tour leader before departure. Failure to do so will result in the immediate exclusion from the tour. In booking a tour from this brochure the Client acknowledges that they are responsible to make themselves aware through Foreign Office, state department warnings, advisors and any other sources available to them in regard to safety of travelling in any countries visited by the Company. The Client accepts full responsibility for travelling to any area or country with the Company. |
No transfer of a booking less than 28 days before
departure will be considered. Joining a tour en-route We do make an allowance in our itineraries for any unexpected delays en-route. However the nature of this type of travel is unpredictable and delays may occur. Wherever possible we will inform you of any delayed arrival before you depart. Should this delay occur because of a reason within the scope of our responsibility i.e. mechanical breakdown, then we will refund you a daily living allowance of no more than $15 per person per day for the period of delay. Flexibility The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and that alterations to the itinerary may have to be made without any notice given. These changes refer to schedules, accommodation and amenities. Events leading to the re-scheduling of itinerary and activities include but are not limited to sickness, mechanical breakdown, injury to Crew/Clients, local disturbances, weather conditions, border/bureaucratic difficulties, flight cancellations, excessive and/ or unreasonable inflation and other unpredictable or unforeseen circumstances. Complaints If the Client has any complaints about the tour booked he/she should first bring this to the attention of the Tour leader. This should in most reasonable cases facilitate a solution to most problems. If however, this channel is unsatisfactory to the Client, then he/she must notify the Company in writing within 28 days of the completion of the tour. Financial Security In accordance with the 1992 package travel regulations, all monies paid to Nomadic expeditions will be held in an independently operated trust account as security against insolvency until completion of the tour to which they relate. |
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