Holiday details

What is ATOL and what can it do for me?

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"ATOL" means an "Air Travel Organiser's Licence" granted by the Civil Aviation Authority (CAA). Firms selling air travel in the UK are required by law to hold ATOLS. ATOLs protect you from losing money, or being stranded abroad, when travel firms go bust.

Before any firm gets an ATOL, it has to lodge guarantees with the CAA: if it goes out of business, the CAA gives refunds to people who can't travel, and pays for people abroad to finish their holidays and fly home. This protection is included in the price of a holiday booked with an ATOL-holder. Please note ATOL Travel Protection extends primarily to customers who book and pay in the UK.

1. Booking your holiday

To confirm a booking, the party leader must complete and sign our booking form accepting these terms and conditions on behalf of all the party. He/she must be authorised to make the booking, on the basis of these Booking Conditions, by all persons named on the booking, and their parent or guardian for all party members who are under 18 when the booking is made. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made. The completed signed booking form must then be sent to us together with the payments referred to in clause 2 below. Once we have received your booking form and all appropriate payments, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader or your Travel Agent. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.

2. Payment

In order to confirm your chosen holiday, a deposit of 10% of the total holiday cost or �100 per person, whichever is the greater (or full payment if booking within eight weeks of departure) must be paid at the time of booking. If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time of booking (please see clause 21 on the subject of insurance). The balance of the holiday cost must be received by us not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled. For flight inclusive bookings, all monies paid to Travel Agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you.

In line with most major operators, we make a charge of 2% on all payments made by credit card as this charge is levied on us by the credit card companies. There will be no charge for payments made by debit card.

3. Your contract

A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader or your Travel Agent. This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with under the ABTA Arbitration Scheme (see clause 11) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the Courts of your home country. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable.

If you did not have an opportunity to see these Booking Conditions at the time you made your booking and you are not happy to proceed with the booking now that you have had an opportunity to see them, please return all documentation to us or your Travel Agent within 14 days of receiving these Booking Conditions. Your booking will be cancelled and your monies returned to you in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 8 weeks of travel.

Any advice or information given to you by your Travel Agent which is inconsistent with our brochure and these conditions will not form part of your contract with us.

4. Changes by you

If, after your booking has been confirmed, you wish to transfer to a different holiday, change the departure date, or alter any detail of your holiday, we shall do our utmost to satisfy your requirements although we cannot guarantee that such requests will be met. If we are able to do so an amendment fee of �30 per occasion, together with all costs incurred by us or incurred or imposed by any of our suppliers as a result of the change, will be payable by you. Changes or alterations within 8 weeks of departure will be treated as a cancellation and a cancellation charge will apply as set out below.

5. Transfer of booking

If you are genuinely prevented from taking the holiday you may transfer your booking to another suitable person (introduced by you). Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result, together with an amendment fee of �30, must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.

6. If you cancel your holiday

Note: If the reason for cancellation is covered under the terms of any insurance policy you have purchased, you may be able to reclaim these charges (less any applicable excess). Claims must be made direct to the insurance company concerned.

7. If we change or cancel your holiday

We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in the brochure and other details both before and after bookings have been confirmed, and cancel confirmed bookings.

Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

However, we promise we will only cancel your confirmed booking 8 weeks or less before departure where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of "force majeure" as defined in clause 8 below. We will not cancel after this date for any other reason.

Most changes are minor. Occasionally, we have to make a "significant change". "Significant changes" include the following changes when made before departure; a change of accommodation to that of a lower classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, a change of UK departure point to one which is more inconvenient for you (except between Gatwick, Stansted or Heathrow airports).

If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-

(a) accepting the changed arrangements or

(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available or

(c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.

Please note, the above options are not available where any change made is deemed by us to be a minor one.

In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. No compensation is payable for minor changes or where we make a significant change or cancel more than 8 weeks before departure.

Very rarely, we may be forced by "force majeure" (see clause 8) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

8. Force majeure

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss (as more fully described in clause 9(1) below) as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war, threat of war, riots, civil strife, actual or threatened terrorist activity, epidemic or health risk, industrial dispute, natural/nuclear disasters, fire, technical problems to transport, airport or port closure, adverse weather conditions and all similar events beyond our control.

9. Our responsibility for your holiday

(1) We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -

(a) the fault of the person(s) affected or any member(s) of their party or

(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or

(c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 8)

(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.

In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

Please note, we cannot accept responsibility for any services which do not form part of our contract.

This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort.

(2) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.

This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question.

(3) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is �1,500 per person affected as you are assumed to have taken out adequate insurance at the time of booking (please also see clause 9(4) below).

(4) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim, if we are found liable to you on any basis, is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea).

Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(5) This clause 9 is intended to set out our obligations to you as a tour operator/organiser in the light of the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note, we regret we cannot make any payment to you or any member of your party if the person concerned is not entitled to one from us under these Regulations.

(6) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

10. Injury, illness or death not resulting from the holiday arrangements

If any client suffers death, illness or injury through misadventure whilst overseas as a result of an activity which does not form part of your contracted holiday arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of �5,000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.

11. If you have a complaint

If you have a complaint during your holiday it is strongly suggested that you communicate any problem to the Tourist Officer at the hotel or Pursers office aboard M.S. Royal Star or any other vessel without any delay. Until we know about a problem or complaint, we cannot begin to resolve it. If your complaint cannot be resolved locally, please follow this up within 28 days of your return home by writing to our Customer Relations Department. We regret we cannot consider any claims which are not reported in accordance with this procedure. It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in conjunction with this contract which cannot be amicably settled, may (if you wish) be referred to Arbitration under a special scheme which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount greater than �5,000 per person or �25,000 per booking form, neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequence of such injury or illness. If you elect to seek redress under this scheme, written notice requesting Arbitration must be made within 9 months after the scheduled date of return from holiday. Full details are available from the Association of British Travel Agents, 68 - 71, Newman Street, London W1P 4AH.

12. Special requests

We regret that we cannot guarantee provision of any special requests and failure to provide such requests will not constitute a breach of contract on our part. See also our "Useful Information" section in the brochure.

13. Cruise and safari itineraries

Although we try our best to keep to published itineraries, we reserve the right to vary them as may be necessary from time to time. The date of departure of safaris cannot be guaranteed and the route, game viewing drives and lodges are subject to change. Safaris can only operate subject to a minimum number of participants. If we are unable to operate the safari you have booked, we will offer you an alternative safari, or a full refund (see also clause 7).

14. Our price promise

The holiday prices in this brochure are based on known costs and exchange rates as published in the Financial Times on 09 November 2005 (�1 = US$ 1.73, Euro 1.47, Kenyan Shilling 129.60). We reserve the right to increase or decrease the prices of unsold holidays at any time. We also reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. The price of your chosen holiday will be confirmed at the time of booking. Once the price of your chosen holiday has been confirmed at the time of booking, then, subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease or our costs increase or decrease as a result in a change in the exchange rates used to calculate the cost of your holiday.

Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to choose one of options (a), (b) and (c) as set out in clause 7 above.

You have 14 days from the issue date printed on the revised invoice showing the surcharge to tell us if you want to choose option (b) or (c) as set out in clause 7 above. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of departure.

We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

15. Flights

The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. However, the actual flight times will be those shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.

We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges.

16. Brochure details

We make every effort to ensure that our brochure is as accurate as it possibly can be at the time of printing; however, it is compiled many months before our holiday programmes begin. It is therefore possible that advertised facilities may be withdrawn or changed for reasons beyond our control. At certain times of the year, some facilities may be withdrawn and maintenance work may mean that an hotel limits services, such as air-conditioning, water supply, etc. Time permitting, we will notify you of any known changes or building work that would seriously impair your holiday enjoyment. The operation of excursions is dependent on there being a sufficient number of participants. Travel information is provisional and approximate only. Confirmed details will be shown on your travel documents.

17. Prices and brochure accuracy

Please note, the information and prices shown in this brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us or your Travel Agent at the time of booking.

This brochure is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.

18. Delay

In the unlikely event of an aircraft or ship being delayed for more than 3 hours (in liaision with suppliers of services), African Safari Club will endeavour to ensure you are kept as comfortable as is reasonably possible. Wherever it is practical to do so, and dependent on individual airline policy, and the circumstances of the delay, refreshments, meals and accommodation appropriate to the length of the delay and the time of day may be provided, subject to the facilities and services available. African Safari Club's intention will always be to minimise any inconvenience to our customers. We cannot accept liability for any delay which is due to any of the reasons set out in clause 9 (1) of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.

19. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.

20. Conditions of suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 9(4)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

21. Insurance

We consider adequate travel insurance to be essential. Details of the policy we offer are shown in this brochure. If you decide not to purchase this insurance, you must give details of your alternative policy (insurer and policy number) on our booking form.

Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.

22. Financial security

We are a member of the Association of British Travel Agents (ABTA number V4000). We also hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 2313). This means the air holidays in this brochure are ATOL protected. In the unlikely event of our insolvency, the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. If your holiday does not include flights, ABTA will financially protect your holiday in the same way. Date of publication: November 2005