CUSTOMER BOOKING CONDITIONS
THESE BOOKING CONDITIONS APPLY TO ALL BOOKINGS MADE WITH US FROM THE 1ST MAY 2022.
Africa Trip Planners is located in South Africa and Canada with registered office address of 23 Chartwell Dr, Umhlanga Rocks, South Africa and 14 Dewhurst Blvd. Toronto, Canada, trading as "Africa Trip Planners " under M21 Media Inc. ("we" "us" and "our"). Africa Trip Planners is registered as an operating entity under M21 Media Inc. Africa Trip Planners acts only as an agent in respect of all bookings we take and/or make on your behalf. For all bookings, your contract will be with the host/supplier of the arrangements in question.
We act as an agent on behalf of various local tour operators, loges and destination management companies who organise and supply experiences in the African countries in which they're based. References to "Supplier/Principals" in these Booking Conditions, means these third party suppliers are organising and providing your experience.
References to "Travel Arrangements" in these Booking Conditions means the experiences organized and provided by the Supplier/Principals, which will generally consist of accommodation, in-country transport, activities and excursions and other travel arrangements as specified on your booking confirmation.
References to "you" and "your" means all persons named on the booking. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that they: - have read these Booking Conditions and have the authority to and does agree to be bound by them; - consent to our use of personal data in accordance with our privacy policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); - are over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; - accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf. As a result, our obligations to you may vary depending upon which Travel Arrangements you book with us, and we have tried to set them out below as clearly as possible:
APPLICABLE TO ALL BOOKINGS
1. YOUR CONTRACT
When making your booking we will arrange for you to enter into a contract with the applicable Host/Supplier/Principal of the Experience Arrangements (we commonly refer to them as "hosts"), as specified on your confirmation invoice. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you we advise you to read both carefully prior to booking. The Supplier/Principal's terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Please ask us for copies of these if you do not have them.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf. Except where explicitly stated otherwise in these Booking Conditions, as an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal.
2. BOOKING
When you make a booking on our website, you will have the opportunity to review all the details of the booking before making payment. Once you have reviewed these details and made payment, we will proceed to confirm the booking. In some instances, we will need to check availability with the Supplier/Principal before confirming the booking.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant passport. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
The booking information that you provide to us will be passed on only to the relevant Supplier/Principal or other persons necessary for the provision of your Travel Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in the UK. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. Please click here for full details of our privacy policy.
3. PAYMENT
In order to book your chosen Travel Arrangements, you must pay a non-refundable 30% deposit at the time of booking (or full payment if booking within 60 days of departure).
If you have paid a deposit, the remaining balance due will be automatically billed to your credit card as per the payment installment schedule (if applicable) set out under the description page and payment page. If the remaining balance due is not set up for automatic billing then the remaining balance must be paid by the balance due date stipulated on the trip details page that was sent to you. If full payment is not received by the balance due date, we will inform the Supplier/Principal(s) who may cancel your booking and charge the applicable cancellation fees (as set out in the Supplier/Principal's terms and conditions).
Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held by us on behalf of the Supplier/Principal concerned until we make payment to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.
4. ACCURACY
We endeavor to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Travel Arrangements that you wish to book before you make your booking.
5. PRICES
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Travel Arrangements at the time of booking.
6. INSURANCE
You are required to take out travel insurance as a condition of booking with the Supplier/Principal. Your policy of insurance should cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
7. SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking e.g. dietary requirements. This should be done in writing as part of your booking. We will pass your request on to the Supplier/Principal but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Principal is not confirmation that the request will be met.
8. FITNESS TO TRAVEL AND MEDICAL CONDITIONS
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor's certificate certifying that you are fit to participate in your chosen experience.
Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal's behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.
9. CHANGES AND CANCELLATIONS BY YOU
Any cancellation or amendment request must be sent to us in writing HERE, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal will charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.
If a trip is canceled by you for any reason and the booking terms for your trip allow - the deposit paid (defined as 25% of the total trip price) will be automatically converted into account credit and can be put against booking any other trip.
If you move your booking to a new date, your original booking terms will apply. This decision is final and refunds cannot be requested at a later date.
10. CHANGES AND CANCELLATIONS BY THE SUPPLIER/PRINCIPAL
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Travel Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal but we will have no further liability to you.
If a trip is canceled by your supplier/principle for any reason you are entitled to either a full refund, to move your booking to an alternative date or to convert your payment into credit. Your decision to convert your booking to account credit is final once submitted and refunds cannot be requested at a later date.
If you move your booking to a new date, your original booking terms will apply. This decision is final and refunds cannot be requested at a later date.
11. COMPLAINTS
As the contract for your Travel Arrangements is between you and the Supplier/Principal, any queries or concerns about your Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain after the experience is over, please put your complaint in writing and send it HERE within 28 days of the end date of the experience.
We will endeavor to assist in our capacity as an agent by liaising with the Supplier/Principal on your behalf.
12. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. If so, for customers resident in the EEA, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
13. OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Experience Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment. *Additional terms apply for customers resident in the EEA. Please see Section B for further information.
14. EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by "Events Beyond Our Control". For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier's control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier/principal's (s) control.
Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom's decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
15. VISA, PASSPORT AND HEALTH REQUIREMENTS
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
16. LAW AND JURISDICTION
Although majority of our members are from the UK/EU, these Booking Conditions are still governed by Canadian law and we both agree that the courts of Canada have exclusive jurisdiction over any dispute, claim or other matter which may arise between us.
17. RATINGS AND STANDARDS
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Furthermore, some Supplier/Principals may provide information on the difficulty, fitness and skill requirements for your chosen Experience Arrangements. This information is intended as a guide only and you must satisfy yourself that you are capable of participating in your chosen Experience Arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
18. DOCUMENTATION & INFORMATION
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Travel Arrangements or any other services please contact us.
19. FOREIGN OFFICE ADVICE
You are responsible for making yourself aware of official advice (such as the UK Foreign & Commonwealth Office) in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control (see clause 14).
20. YOUR BEHAVIOUR
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier/Principal's opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
21. REFERRAL SCHEME AND DISCOUNT CODE POLICY
Our customer referral scheme was discontinued on 27th November 2020 and all referral codes are no longer valid. It was replaced by the HERO club - see Section 22 for terms of use.
We will be honouring all discount codes earnt from referrals until December 31st, 2021, or the date of the expiry on the credit, whichever comes first. All remaining unused discount codes will be removed on 31st December 2021. You can see any existing referral credit in your account and when you checkout.
The following Terms of Use apply to any UPod Discount Code or Voucher Code, or Voucher:
- All discount codes, voucher codes or vouchers will expire after 12 months, unless stated otherwise. To confirm the date of expiry: email us HERE
- All discount codes, voucher codes or vouchers can only be applied to new bookings. They cannot be used towards balance payments for existing bookings.
- All discount codes, voucher codes or vouchers - including those generated by referral codes - do not apply for any private group bookings. If you want to book as a private group - please contact us at HERE to discuss - we have alternative discounts available to private groups depending on group size.
- All discount codes, voucher codes or vouchers have zero cash value equivalent, and cannot be exchanged or replaced if lost.
- Discount codes, voucher codes or vouchers may not be transferred between customers.
- A discount code can only be used once: if a trip is cancelled either by the supplier / principle or by you, it will not be reinstated.
- UPod reserves the right to cancel discount codes, vouchers codes or vouchers at any time.
22.CREDIT AND GIFT CARDS
The terms of use for Credit or Gift Cards on the UPod site is as follows:
- Credit or Gift Cards have zero cash value equivalent and cannot be exchanged for cash at any time.
- All credit has an expiry date of 2 years from when they were created. 3. Gift cards are valid for 5 years from the date of sale.
- You can see how much credit you have, and when it expires, at any time in your account area on the website.
- Credit can be used for both deposit and balance payments but you will be required to use credit first before making any additional cash payments.
23.THE HERO CLUB
The terms of use for the HERO club membership are as follows:
- To qualify for the HERO Club you need to have made 2 or more bookings with a combined value of over $10,500.
- A "booking" is made every time you purchase an experience on the site - regardless of the number of people the booking is for.
- Only the "registered user" who booked the trip is eligible to qualify for Club membership - regardless of the number of people any booking was made for.
- You will be notified of your membership to the Club via email within 30 days when you've qualified and your discount can be applied to any future bookings (not to qualifying bookings).
- Your membership will automatically renew every 2 years, subject to you purchasing at least $6,000 (or equivalent in $CAD $AUS or €) of experiences during this period. The two year period starts on the date the qualifying purchase was made. Your Club membership will automatically expire after 2 years if the qualifying spend of $6,000 over 2 years has not been met.
- Credit and gift card value held on your account does not count towards this $6,000.
- In order to qualify your bookings must be confirmed (i.e. already departed or scheduled to depart). If a booking is cancelled for any reason, this won't count towards your qualifying bookings. If you no longer meet the qualifying criteria due to a cancelled booking, your Club membership will be withdrawn and any discounts applied to other bookings will also be void.
- Once in the HERO Club, you are entitled to a 5% discount on any future booking across all experiences on our site. It cannot be applied retrospectively to bookings already made.
- The 5% discount can be applied to the total value of the booking on both our social and eligible private departures. However the Club member must make the booking and be participating on the trip.
- The 5% discount can be used alongside any gift cards or credit you might have in your account. It cannot be used in conjunction with any other discounts, such as partner offers, early-bird offers, trailblazer discounts or promotions.
- Where you qualify for more than one promotion (e.g. as part of our Club, Investor Rewards etc.) only one discount can be applied per booking and the highest % discount will automatically be applied.
- Discounts such as partner offers, early-bird offers, or promotions cannot be used in conjunction with one another at any time.
- We reserve the right to withdraw membership of the HERO Club, and associated discounts, to anyone found not using it as intended, or to withdraw the scheme in full at any time.