THE TERMS AND CONDITIONS HEREIN WILL NEED TO BE READ AND ACCEPTED BY YOU AND CREATE A CONTRACTUAL RELATIONSHIP BETWEEN ACADIAN SAFARI COMPANY., DOING BUSINESS AS ACADIAN SAFARICO, AND YOU, THE "CUSTOMER." AFTER READING THIS ENTIRE CUSTOMER AGREEMENT (THE "AGREEMENT"), IN ORDER FOR YOUR TRAVEL OR VACATION PACKAGE ("VACATION PACKAGE" OR "TRIP") RESERVATION TO BE COMPLETED, YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS FOUND IN THIS AGREEMENT.
I. PARTIES TO THIS AGREEMENT:
(A) Tour Operator: Acadian SafariCo (as the Tour Promoter) and as guide, (herein collectively referred to as "ASC," "we," "our," or "us") have arranged the Vacation Package described within this brochure/media/website. ASC is operating under a variety of Incidental Business and Special Use Permits from private, Local, State and National Parks and Services;
(B) Customer: The traveler (herein referred to as "Customer," "I," "you," or "your") who has reserved a Vacation Package as described in this brochure/flier/website/invoice/confirma-tion and who intends to participate in the Vacation Package so reserved and by such participation and payment as provided for in this Customer Agreement ("Customer Agreement" or "Agreement") hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
II. BOOKING PROCEDURES:
(A) To make a booking you must send us either a signed, completed Customer Agreement, or acknowledge acceptance of the Customer Agreement in the manner provided for on our website, and a deposit of no less than 40% US$, of your total package price, or if you wish to pay in an alternative currency acceptable to us, an amount in that currency as specified by us. We will then invoice you for the remainder of the cost, which you must pay not later than 8 weeks before departure. If you book less than 8 weeks before departure, full payment must be made on booking. The booking is not accepted and no contract exists until the date shown on the confirmation issued by ASC;
(B) Bookings made over the telephone, by email, or by credit card more than 8 weeks before departure will not be deemed accepted until we have received either a signed Customer Agreement in our office, or in the case of an internet booking, you have acknowledged your acceptance of the Customer Agreement, in the manner provide for on our website, and we have issued a confirmation. If a signed Customer Agreement or an internet acknowledgement of acceptance of its terms is not received within 10 days of the booking being made over the telephone, the booking will be deemed cancelled, the deposit will be forfeited and the place will be released for resale. Bookings made over the telephone, or by email, by credit card less than 8 weeks before departure (i.e. when full payment is due on booking) will be subject to the cancellation conditions in Section III below regardless of whether a booking form has been received in our office;
(C) Reservations for pre- and post-tour accommodation must be made no later than one month before the departure date of the tour. If you cancel your Vacation Package, any pre-and post-tour accommodation vouchers issued to you are non-refundable;
(D) If you do not pay the balance of your Vacation Package cost within 8 weeks of departure, your booking will be terminated and you will lose your deposit;
(E) We reserve the right to refuse any application and/or an application made by a person under the age of eighteen without the written consent of a parent or legal guardian first having been obtained.
III. CANCELLATION PROCEDURES:
(A) Notification of cancellation must be made to the ASC in writing. If you cancel your booking more than 8 weeks before departure we will not refund your deposit, but you may transfer your deposit to another Vacation Package in our current program (provided you are not already booked on such Vacation Package), subject to payment of a transfer fee of US$60, or if you wish to pay in an alternative currency acceptable to us, an amount in that currency as specified by us, and further subject to your notifying us in writing within two weeks of your cancellation, and telling us the Vacation Package to which you wish to transfer. If the Vacation Package to which you transfer is more expensive than that which you originally booked, a further deposit will also be payable. If you subsequently cancel the Vacation Package to which you have transferred, we will retain your full original deposit and transfer fee;
(B) If you cancel your Vacation Package booking after you have paid in full, the following cancellation charges will be made: (i) Written notification of cancellation received at our offices between 43 and 56 days before departure: 40% of the Vacation Package cost; (ii) Written notification of cancellation received at our offices between 29 and 42 days before departure: 60% of the Vacation Package cost; (iii) Written notification of cancellation received at our offices between 15 and 28 days before departure: 80% of the Vacation Package cost; (iv) Written notification of cancellation received at our offices 14 days or less before departure (or failure to join the Trip): 100% of the Vacation Package cost. Note internal travel provisions are not refundable. We strongly advise you to purchase insurance against cancellation costs. We strongly advise you to purchase insurance against cancellation costs.
IV. TRANSFER PROCEDURES:
If you are prevented from traveling on the Vacation Package you booked by circumstances beyond your control (e.g., insurable risks), you may transfer your booking to another person provided they meet all the requirements relating to that Vacation Package. You must provide proof of your inability to travel at the time you transfer your booking. A transfer fee of US$60 will be payable, or US$120, if the transfer is less than four weeks before departure, and additional costs and permit fees may also be payable. In the event you wish to pay this transfer fee in an alternative currency, such currency must be acceptable to us and the transfer fee will be payable in an amount specified by us in that currency. Vacation Packages bookings may not be transferred to another person in any other circumstances. In the event of your transferring your Vacation Package booking to another person, you and that other person shall be jointly and severally liable for payment of the Vacation Package price and other associated expenses.
V. MATERIAL CHANGES:
(A) We will let you know as soon as we can if, through no fault of your own, we are forced to significantly alter or cancel your Vacation Package. In these circumstances you can choose one of the following options: (i) accept our offer of a replacement Vacation Package of lower value (if available) and we will refund the difference in cost; or (ii) accept our offer of a replacement Vacation Package of equivalent or higher value (if available); or (iii) ask us for a refund of the money you have paid;
(B) Your decision about which option you accept must be made as soon as possible after we notify you and in any event no later than forty-eight (48) hours after our giving such notice, unless a longer period is mutually agreed. If we cancel your Vacation Package, insurance premiums paid to us will be refunded, except in the case of annual insurance that has already covered a risk. We strongly advise you not to incur any non-refundable incidental expenses, e.g., for visas or flights, before we confirm your Trip (8 weeks before departure). This is because scheduled airlines regularly vary their timetables and in some cases, we may need to cancel your departure due to insufficient numbers;
(C) Before booking and not less than 30 days prior to departure the prices of a particular Vacation Package featured in our brochure or website may change. We reserve the right to impose surcharges once you have booked, but no surcharges will be imposed within 30 days of departure. Surcharges will only be imposed for variations in: (i) transport costs, including the cost of fuel; (ii) duties, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates applied to the Vacation Package. Any increase to the price that exceeds 10% of the total Vacation Package cost will entitle you to the options outlined in Section V(A) above;
(D) A general indication is provided in our brochure and our website of the itinerary for each Vacation Package, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time;
(E) If any significant changes to the Vacation Package have to be made before departure, we undertake to inform you, and you are entitled to the options detailed in Section V(A) above. A "significant change" is a change of more than 24 hours (12 hours for Vacation Packages of 10 days' duration or less) in departure or return timings or other such change to itinerary and services that we reasonably consider to be significant.
TO BE CONTINUED (UNDER CONSTRUCTION)