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Specialist in: Wildlife Safaris, Mountain
trekking, Beach Holidays, Cultural tours, Walking safaris, Hiking
etc. |
Great Services
Unlimited Adventure
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CALL NOW +255 (27) 250 8448
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We offer best Tour & Safaris in
Tanzania and Kenya to:
Tune into
Call us now
+255 (27)2508448/49/50/51
Classic Tours & Safaris
"Your best friend in Tanzania"
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Marangu Route |
Umbwe Route |
Lemosho |
Itinerary
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TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF CONTRACT OF
CLASSIC TOURS & SAFARIS Ltd
1. Interpretations, in these
standard terms and conditions of contract:
a. the headings to the clauses are for reference purposes only
and shall not aid in the interpretation of the clauses to which
they relate;
b. unless the context clearly indicates a contrary intention,
words importing one gender includes the other two genders, the
singular includes the plural and vice-versa, and natural persons
include created entities (corporate or incorporate) and
vice-versa;
c. "booking reservation" means
safari or tour or trip or excursion booking
d. “Classic” means Classic Tours & Safaris Ltd, registered
in Tanzania by Government under Tour Operator
Company and recognised by Ministry of Natural Resources &
Tourism,
Tanzania
Tourist Board (TTB)
and an active member of Tanzania Association of Tour Operators
(TATO)
e. “the client” means the person / s named on the safari booking
form (whether it be a provisional or confirmed safari booking
form ) and who contracts with Classic on the terms and
conditions hereunder. The client shall also include any agent
who makes any booking of third party clients in respect of a
safari booking. Such agent, as well as the persons named on the
provisional and the confirmed safari booking form, shall be
jointly and severally liable to Classic for the performance of
their obligations in terms of these standard trading conditions,
as well as any contract / s made pursuant thereto;
f. "member / s" means any
Classic Senior Office Management Staff
g. “services” means the provision of hotel/lodge bookings,
transfers, car hire, offers on tours and excursions for the
client in Tanzania and Kenya. Such services include, but shall
not be limited to the procurement by Classic, acting solely as
agent for the client, with third party service providers, of
hotel, lodge, backpackers’ and bed and breakfast accommodation,
National Park Reservations, car hire and transfer reservations,
air charter reservations, the procurement of reservations with
any air or land carriers, scheduled departure safari
reservations, set departure tour reservations, day tours,
excursions and adventure activities reservations, and shall
include any other services incidental to the a foregoing.
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2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS
OF CONTRACT
All and any business or contracts
undertaken or advice, information or services rendered
by Classic, in connection with the services, whether gratuitous or
not, is undertaken and provided in accordance with these standard
terms and conditions of contract.
3. CLASSIC ACTING AS AGENT ONLY
In terms of
these standard trading conditions, and any contract /s concluded
pursuant hereto, CLASSIC acts as agent only for and on behalf of
the client in procuring the services. As such, Classic shall
procure the services for and behalf of the client as agent for it
with relevant third party service providers concerned. Classic
shall, under no circumstances, be liable for the acts and
omissions of the relevant third party suppliers concerned.
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4. QUOTATIONS, PAYMENT AND
CURRENCY FLUCTUATIONS
4.1 All
quotations given by Classic in connection with the services to a
client shall be in writing and, unless otherwise agreed to in
writing by a member of Classic, shall be in the currency of United
States Dollar. Such quotations shall be inclusive of Tanzania's
value added tax (where applicable). Acceptance of any quotation by
a client shall be in writing. Classic reserves the right to amend
and increase any quotation, even after acceptance by the client,
in the event of any adverse currency fluctuations, increases in
Government or Statutory levies, increases levied by third party
suppliers, such as airlines, providers of accommodation and entry
fees and other third party suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in
the currency exchange rates or the increase in the amounts
payable. In the event of the client disputing the quantum of such
increase, it shall be referred forthwith to the accounting officer
of Classic for determination, who, in such determination, shall
act as expert and not as arbitrator, and whose decision shall be
final, conclusive and binding on Classic and the client, and
accordingly not subject to appeal.
4.3 All payments to be made by a client to Classic shall be free
of exchange, deduction or set-off or whatsoever nature. Payments
shall be made by the client to Classic by way of cash, direct
transfer, forex transfer or by
credit card.
A
5% surcharges apply for Traveller's
Cheques & Credit Card Payments.
The client shall provide
Classic forthwith, upon making any payment, with written proof
thereof in the form of a deposit slip, remittance advice or credit
card authorization form. The relevant reference for the
safari booking shall at all times be reflected on the proof of
payment.
4.4 All payments due by a client to Classic shall be made no later
than 3 working days after confirmation of a safari booking by a
client.
4.5 Although Classic strives to ensure that all rates displayed on
sites are correct and accurate, Classic reserves the right to
request additional payments from clients, should properties which
have seasonal/ special event rates, charge such rates. Certain
properties/ property groups, make rate changes at their
discretion, and at short notice. Any additional costs for such
changes shall be payable to Classic, on demand.
5.a ITEMS NOT INCLUDED IN
BOOKING
Certain
items are not included in the cost of the booking. These costs
are the responsibility of the client including, but without
limiting the generality of the a foregoing, the costs of
insurances as referred to in clause 10 below, insurance cover
for cancellation and curtailment, repatriation costs, medical
expenses, flights, emergency evacuation, protective
gears, equipment, gratuities and beverages, optional meals and
any optional excursion not reflected on the safari booking
reservation.
Furthermore, all costs with regard to any complying with any
special requirements, as outlined in paragraph 6.2 below,
shall be borne by the client.
5.b ITEMS
INCLUDED IN BOOKING
All the
transport, game drive and transfers within Tanzania or Kenya
in accordance to the detailed itinerary communicated prior
between client and Classic, accommodations in a lodge and/or
hotel, park fees, crater services, armed ranger salary in case
of walking safari within the park, Classic driver guide, cook
in case of a camping safari, packed lunch boxes, mineral water
in case of picnic lunches, camping fees in case of camping
safaris.
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6. BOOKING PROCEDURE
6.1 In order
to secure a provisional reservation for the services required
by a client, the client shall complete in writing and dispatch
to Classic a provisional safari booking reservation form.
Simultaneously, the client shall pay Classic a non-refundable
deposit of 50% (Fifty percent) of the quoted cost for the
services. In the event of the deposit not being paid
aforesaid, the provisional booking shall lapse. Client must
provide the correct names of client/s and for tours
and/or safaris, required are the clients full
name, nationality, full address and flight arrivals details.
Upon receipt by Classic of the balance of the monies due from
the client 60 days prior to departure, the provisional booking
shall be confirmed. In the event of the client wishing to
amend his reservation in any way, Classic may elect, in its
sole discretion and without obligation, to do so, in which
event it shall be entitled to charge an amendment fee of
10%,
ten percent of the booking, which shall be payable by the
client in accordance with these standard terms and conditions.
6.2 The client shall advise Classic in writing on the booking
reservation form of any special requests, needs or facilities
required by him due to medical needs, requirements relating to
disabilities, special dietary requirements and refrigeration
for the storage of insulin and other medically prescribed
drugs, and any other requirements incidental thereto. The
costs of complying with such special requests, needs or
facilities shall be borne by the client and payable on demand.
6.3 The
client shall be provided
similar option in case a
tour, hotel or lodge is fully booked.
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7. CANCELLATIONS AND
REFUNDS
7.1
Cancellations of confirmed bookings may only take place
according to the procedure outlined in this clause. All
requests for cancellations shall be made by the client in
writing to Classic and shall only be effective on the date of
actual receipt by Classic. The following cancellation fees
shall be applicable and shall be calculated by reference to
the total booking cost (“TBC”) of the services booked for by
the client.
Classic entitled to act as agent or principal with regard to
the provision of the services.
56 days or more notice 75 percent of the TBC shall be refunded
55 - 49 days notice is given 50 percent of the TBC shall be
refunded
48 - 42 days notice is given 25 percent of the TBC shall be
refunded
41 - 35 days or less notice given no refund of the TBC shall
be made
7.2 (i) No refunds shall however be made to clients who make
bookings less than 35 days prior to embarkation (for this
purpose, embarkation shall mean the date on which a client is
booked to commence travel or to commence an excursion for
which the services are booked which ever is the greater), nor
shall refunds be given to clients who arrive early, late or
who do not show for a booking. In the event of a client during
the course of a booking terminating it for whatever reason, no
refund shall be made unless with the prior written approval of
a member of Classic.
Clients are therefore strongly recommended to obtain their own
comprehensive travel insurance to cover such contingencies.
7.2 (ii) Classic reserves the right to change
or cancel any confirmed booking reservation at any time
without prior notice of which the refund will be 100%
7.3 Any cancellations made, in terms of these standard trading
conditions shall be subject to the following deductions and
administrative charges:
Refunds to credit cards: the relevant cancellation fee, less a
5 percent credit card surcharge and a 50US$ administrative
charge.
Direct bank deposits: the relevant cancellation fee, less
actual bank charges debited by Classic’s bankers, less a 50US$
administrative charge.
Forex transfers: the relevant cancellation fee, less actual
bank charges debited by Classic’s bankers, less a 50US$
administrative charge.
Cash payments: the relevant administration charges, less
actual bank charges debited by Classic’s bankers, less a 50US$
administrative charge.
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8. RIGHT OF RETENTION
Until such
time as Classic has received payment in full for the services
as set out in the confirmed safari booking, all documentation,
including without limited the generality thereof, airline
tickets, vouchers for accommodation, excursions, meals and
entry fees (all of which hereinafter referred to as “the
documents” ) will not be issued or handed over to the client.
The provisions of this clause shall entitle Classic so as to
give it a right of retention or lien in respect of the
documents. |
9. ALTERATIONS TO
ITINERARIES
9.1 Classic
has the right at any time, and in its sole discretion, to
amend or cancel any of the services or the remainder thereof,
or to make any alteration in route, accommodation,
transportation arrangements in the event of the services or
any part thereof rendered impossible, illegal or inadvisable
due to force majeure , the definition of which
including war, strike, civil strife, riot, industrial dispute,
natural or nuclear disaster, fire, adverse weather conditions,
governmental interference or any other external circumstances
beyond Classic’s control.
9.2 Any extra costs and expenses occasioned as a result of an
alteration to or
cancellation of itineraries as provided for in clause 9.1
above shall be payable by the client on demand by Classic.
9.3 Classic may further in its sole discretion cancel or
terminate a client’s booking for the services or any remaining
part thereof in the event of any illness or the illegal or
incompatible behaviour of the client, who shall, in those
circumstances, not be entitled to any refund. Any extra costs
occasioned by such cancellation or termination as provided for
in this sub-clause 9.3 shall be payable by the client on
demand.
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10. INSURANCE
10.1 The
client shall be responsible for arranging and effecting
adequate insurance cover to ensure that he carries
comprehensive travel and medical insurance cover in order to
cover himself, his dependants and / or travelling companions
for the duration of the booking for which he has reserved.
This insurance cover should include cover in respect of, but
not limited to, as a minimum, the following eventualities: any
expenses associated with cancellation or curtailment of a
safari booking reservation; emergency evacuation and medical
expenses; personal injury, repatriation expenses; damage /
theft / loss of personal baggage, money and goods.
10.2 Under no circumstances shall Classic, its
representatives, employees or members be responsible for any
costs, losses incurred or suffered by a client, his dependants
or travelling companions with regard to, but not limited to,
the above eventualities. Clients will be charged direct for
any emergency evacuation, repatriation and medical expenses be
the relevant service providers and shall be obliged to settle
such charges payable to the relevant service providers
concerned.
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11. VACCINATIONS & HEALTH
11.1 It is
the client’s responsibility to be aware of malaria, yellow
fever and other potential diseases when travelling to Africa.
The client must take all necessary vaccinations and
precautions, as are required in the prevention of these
diseases, which are endemic to certain regions of Africa. The
client shall therefore prior to embarking for the services for
which is booked attend at medical practitioner or
a travel clinic to obtain the necessary vaccinations,
medication and advice. Classic does not accept any
responsibility whatsoever for any client being refused entry
to any country due to incorrect or incomplete health
documentation or vaccinations.
11.2 Clients should be medically fit, in good health and able
to embark upon a trip. If the Client has any pre-existing
medical condition or illness, they must declare the true
nature of such condition at the time of booking and make
arrangements for the provision of any drugs or other cause of
treatment, which may be required during their trip. In some
cases, the Client will be required to provide a medical
statement from a medical practitioner to confirm that they are
fit for tour or trip. Classic and its representatives will
treat all information in the strictest confidence.
Health Warnings: Malaria and Yellow Fever, Health Issues: 'Own
Medication Responsibilities, Insurances, Emergency Medical
Evacuation Insurance, are all extensively detailed on this
Classic Tours & Safaris
website.
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12. PASSPORTS, VISAS AND
MEDICAL REQUIREMENTS
The client
shall ensure that prior to embarking on the travels his
passport and visas, and those of his dependants and travelling
companions are valid for the countries to be visited. Such
responsibility shall also extend to vaccinations and other
medical certificates, and all other travel documents,
including traveller’s cheques where applicable.
Classic does not accept any responsibility for changes in
medical requirements or regulations for visas or any
particular visa requirements. Should the Client be refused
entry to any country, due to incorrect or incomplete
documentation or failure to comply with that country’s medical
requirements, Classic shall not be liable for any costs of
whatsoever nature occasioned thereby.
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13. DISCLAIMER OF LIABILITY
13. 1
Classic shall not be liable to the client for any claim of
whatsoever:- nature in connection with the provision of the
services ( whether in contract or delict) and whether for
damages for personal injury or to property , howsoever
arising, including, but without limiting the generality of the
aforesaid:-
a. any negligent act or omission or statement by Classic, its
servants or agents;
b. any grossly negligent act or omission or statement by
Classic, its servants or agents;
unless:
i. such claim arises from the wilful misconduct of Classic,
its servants or agents;
ii. Classic receives written notice from the client no later
than 4 calendar days from the event giving rise to the claim
in question and, failing such notice, the client shall have no
claim against Classic.
13.2 Notwithstanding anything to the contrary contained in
these standard terms and conditions of contract, Classic shall
under no circumstances whatever, be liable for any indirect or
consequential loss / es, howsoever caused or suffered by the
client.
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14. CONSENT TO RISKS
ASSUMED
The client
consents to the risks inherent in wildlife adventure travel
and warrants that he is aware of such risks and undertakes the
tours, safaris, wildlife and other excursions in connection
with the services with full knowledge and appreciation thereof
and at his own risk. |
15. AIR TRAVEL
15.1 Air
transportation costs and categories will be client's
responsibility as Classic does not handle her clients from the
ground unless otherwise stated. Please note that fares may
increase between time of booking, time of payment and the
ticket being issued. Classic is not responsible for the
client's air travel,....
15.2 Classic cannot be held responsible should airlines
discontinue flights on certain routings or change scheduled
timetables resulting in missed connections. Should an
amendment itinerary be necessary, any additional costs
incurred will be borne by the client and shall be payable to
Classic on demand.
15.3 Due to recent international events, many airlines /
airports have extended the check in times of both domestic and
international flights. Classic cannot be held responsible for
any delays or circumstances that may result in a client
missing their flight or subsequent transfers. Throughout the
entire booking process, it is the responsibility of the client
to ensure that enough time has been calculated in order not to
miss connecting flights and transfers. |
20. JURISDICTION
20.1 Subject
to the provisions of clause 20.3 below, any legal proceedings
arising out of or in connection with these standard terms and
conditions, or any agreement entered into pursuant thereto,
shall be instituted in the Arusha branch of the High
Court of Tanzania, which shall have exclusive jurisdiction to
hear and determine such legal proceedings. Generally should
any legal dispute arise it must be settled in Arusha -
Tanzania where Classic office base is
located and this website is created, maintained and
controlled in the United Republic of
Tanzania and as such, the laws of
the United Republic of
Tanzania and the jurisdiction of the
Tanzania Courts govern this user
agreement and the use or inability to use this site.
20.2 To the extent as may be necessary, the client hereby
consents and submits to the jurisdiction of the said court, as
referred to in clause 20.1 above.
20.3 Notwithstanding the provisions of clause 20.1 above,
Classic shall have the discretion to institute legal
proceedings against a client in any Magistrate’s Court having
jurisdiction under Tanzania constitutional
law, notwithstanding that the amount claimed in
such proceedings would otherwise exceed the monetary
jurisdiction of the said Court.
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21. VARIATION OF THESE
STANDARD TERMS AND CONDITIONS OF CONTRACT
No variation
or alteration of these standard terms and conditions of
contract shall be binding on Classic unless embodied in a
written document signed by a member of Classic. Any purported
variation or alteration of these standard terms and conditions
of contract otherwise than as set out above shall be of no
force or effect, whether such purported variation is written
or oral, or a combination of both. |
22. NON-WAIVER
No extension
of time or relaxation of any of the provisions of these
standard terms and conditions of contract shall operate as an
estoppels against Classic in respect of its rights herein, nor
shall it operate so as to preclude Classic thereafter from
exercising its rights strictly in accordance with these
standard terms and conditions. |
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