TERMS AND CONDITIONS
AGREEMENT TO TERMS
These Terms and Conditions ("Terms") constitute a legally binding agreement between Down in Africa Travel Inc., its affiliates, employees and independent contractors ("Down in Africa"), and customer, and anyone for whom customer requests Down in Africa book travel services (together referred to as "CUSTOMER").
1. THE TRAVEL SERVICES
Down in Africa books travel services, including flights, transportation, accommodation and tours, on behalf of CUSTOMER. CUSTOMER enters into contracts with the suppliers of the travel services and all obligations and liabilities with respect to the travel services are those of CUSTOMER. The travel services booked for CUSTOMER are set out on the Itinerary (the "Booking").
2. DUTIES AND RECOMMENDATIONS OF DOWN IN AFRICA
Down in Africa sources travel services based on information provided by customer for use by CUSTOMER.
Down in Africa directs the attention of CUSTOMER to the terms and conditions of the suppliers of the travel services being arranged for CUSTOMER, including airlines, trains, bus lines, cruise lines, hotels and tour operators, because those terms and conditions govern the contracts CUSTOMER enters into with the travel service suppliers and affects their rights and obligations. Those terms and conditions are located on the websites of the suppliers of the travel services. Any questions about the travel suppliers' terms and conditions should be addressed to the specific travel service supplier.
3. DUTIES & ACKNOWLEDGEMENTS OF CUSTOMER
3.1 Review and Verification
Customer must review and verify all details set out on the Booking and any other itineraries and/or invoices immediately on receipt from Down in Africa and must immediately advise Down in Africa of any errors or omissions.
3.2 Sharing Terms
Customer must provide a copy of these Terms and any changes to these Terms to anyone for whom customer requests Down in Africa book travel services before asking Down in Africa to book any travel services.
4. FLIGHT DETAILS AND CHANGES
Travel documents contain conditions of carriage which limit the airlines' liability under international conventions and agreements. Any complaints concerning flights should be made to the airline concerned. Down in Africa reserves the right to substitute alternate airlines and aircraft types and to add en-route stops at its discretion with or without notice to CUSTOMER.
4.1 Flight Confirmation
CUSTOMER must confirm all flights at least 48 hours before departure and flight departure time at least 24 hours before the scheduled departure time. If a flight delay is announced at the airport, it may not be possible for the airline to provide accommodation or meals during the delay. If a delay is related to weather, traffic, or another Force Majeure event, any expenses incurred by CUSTOMER will be the responsibility of CUSTOMER. Down in Africa is not responsible for additional expenses, lost income or any other consequential damages as a result of changes to flight times or missed vacation time. If CUSTOMER only purchases airfare from Down in Africa, it is CUSTOMER responsibility to leave a contact number at destination with Down in Africa so that contact can be made in case of a flight change.
4.2 Connecting Flights
If CUSTOMER is booking connecting flight(s), CUSTOMER should allow at least 3 hours and preferably overnight between the connecting flight and any charter flight that is part of a Booking. All such connecting flight reservations are made at the risk of CUSTOMER and CUSTOMER agree to assume the cost of any loss in the event of a change to the original flight schedule.
5. AT THE AIRPORT
5.1 Seating and Check-In
Seats are allocated on a first-come, first-served basis unless CUSTOMER pre-purchased seating allocation. CUSTOMER should arrive at the airport at least 3 hours prior to flight departure. Check-in closes 60 minutes prior to flight departure and all passengers must be present for check-in. CUSTOMER will not be allowed to board or obtain a refund if CUSTOMER does not check in 60 minutes prior to flight departure. Airlines reserve the right to deny boarding to any passenger they deem to be in an unfit condition to fly.
5.2 Baggage
CUSTOMER must check booking documents or the airline for details about baggage allowance and updated baggage regulations. Additional charges will apply to baggage in excess of the weight allowance. Any lost, delayed, or damaged baggage is the responsibility of the airline. If baggage is delayed at destination or upon return home, CUSTOMER must contact the airline representative before leaving the airport. If CUSTOMER fails to notify the airline representative before leaving the airport any claim will be invalidated. The handling of baggage is performed by an independent contractor over which Down in Africa has no control. Down in Africa is not responsible for the loss or damage to baggage or any other possessions, and it recommends CUSTOMER purchase insurance to cover this type of loss.
18. GENERAL PROVISIONS
NOTICE
Notice may be provided either in writing, to the last address provided by customer/Down in Africa, delivered by hand, or by email or other electronic method, in which case it will be effective only when it acknowledged by the other party.
PARTIAL VALIDITY
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
MODIFICATION
These Terms may be modified by Down in Africa at any time.
LAW GOVERNING TERMS
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia.
FORUM FOR DISPUTES
The courts of city of Victoria, British Columbia shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in relation to these Terms and the Booking.
SUCCESSORS AND ASSIGNS
These Terms shall be binding upon and shall inure to the benefit of CUSTOMER /Down in Africa and their successors, assigns, administrators and executors.
COMPLETE UNDERSTANDING
These Terms represent the complete understanding of CUSTOMER and Down in Africa with respect to the booking of the travel services and specifically exclude any representation made that is not included in these Terms.
WAIVER
No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provision(s), whether or not similar, nor shall any waiver constitute a continuing waiver.