BOOKING TERMS AND CONDITIONS STANDARD TERMS OF SERVICE AND ENGAGEMENT
These Terms and Conditions govern the relationship between you, the passenger, and us, Moriah African Tours Ltd. You agree to be bound by these Terms and Conditions. They State, among other things, our cancellation policy and certain limitations of liability. These terms affect your rights to sue, governing law, forum, and jurisdiction; please be sure to carefully read these terms and make sure you understand your rights and obligations and our rights and obligations. We strongly recommend you purchase travel protection.
In these Terms and Conditions, the term “Cost Per Person Land arrangement ” refers to the sum of the base price for your program, plus Single Supplement (if applicable), plus domestic air costs; but does not include any other items, such as taxes, surcharges, etc. (collectively, “Other Items”).
2. Registration Reservations and Payments
Land arrangement Tours: A deposit of 20% per person is required to secure your reservation. To secure reservations on a safari departing within 90 days, a full payment is required at the time of booking. Final payment for all Trips / Excursions / Safaris is due at least 90 days prior to departure, unless otherwise stated. Moriah African Tours Ltd reserves the right to cancel reservations that are not paid in full at any time after final payment is due, in which case cancellation charges will apply. Cost of the Safari state prices per person and are based on double occupancy.
Please note, our prices include Domestic airline fuel surcharges and Departure taxes charges. Every effort has been made to produce pricing information accurately. Moriah African Tours reserves the right to correct promotional or pricing errors at any time, or to increase the Tour Cost in the event of cost increases due to changes in airfares, currency fluctuations, Park fee increases, taxes, or fuel surcharges, or other reasons, unless you pre-paid according to the terms prior to the cost increase going into effect.
3. Cancellations and Refunds
If you must cancel your Trip/Safari, you must do so in writing. We will not accept cancellations made by Phone. Cancellation charges will be calculated as of the date we receive your cancellation. Cancellation charges and refunds shall be calculated in accordance with these Terms and Conditions and Moriah African Tours cancellation policy. Any applicable refunds will be returned to you in the manner in which payment was made, and processed within 30 days of receipt of your cancellation.
4. Processing Fee
All cancellations made later than twelve days after booking are subject to a non-refundable fee of $300 (effective with reservations on or after Jan 1, 2011). Cancellations made within 12 days after booking will be subject to the same fee, unless the reason for canceling given at the time of cancellation is your rejection of these Terms and Conditions. This fee reflects only Moriah African Tours Ltd. costs of administering a reservation.
5. Cancellation Charges
Prior to departure Charges
90 Days or more = 400 US Dollars
89 — 60 Days = 20% of selling price*
59 — 30 Days = 65% of selling price
29 Days — departure = 100% of selling price
*Or 300 US Dollars — whichever is greater
If you are a no-show, if you cancel your trip after the departure date, or if you leave a trip already in progress, you will not receive any refund for any unused portion of your trip. There is no right to a refund for any unused services. Changes in the Responsibility clause can be made only in writing signed by an officer of Moriah African Tours Ltd.
6. Reservation Changes
If you make changes to your reservation that affect departure city, or make changes to your departure date or destination, it will be treated as a cancellation and the relevant cancellation charges will apply. Traveler substitutions are considered reservation cancellations and are subject to the above cancellation charges. On all Safaris, you have the option to enjoy breakaway travel at the end of your Safari, subject to flight availability. This option enables you to travel on your own wherever you choose. You will be responsible for confirming your international flight back to the U.S. and for your own transfers to the airport. All arrangements for breakaway travel must be requested in writing no later than 45 days prior to departure. Confirmation information will be available approximately 30 days before your departure. Consult our reservations staff for details.
All traveler requests, including Breakaways, preferred air schedules, and special accommodations, are subject to availability and are not guaranteed, and charges may apply. If Moriah African Tours Ltd cancels any optional extension which you have purchased, you will receive a refund of the amount you paid for the extension. However, if you subsequently decide to cancel the base (main) portion of your trip, cancellation charges will apply. Moriah African Tours Ltd reserves the right to cancel or shorten a trip without notice, in which event your sole remedy shall be a prorated refund for any unused portion of the trip.
7. Single Travelers
Most trips offer a limited number of single rooms, subject to availability and hotel space. Single Supplement costs will only apply up to 3 rooms maximum per Safari. Any additional single room in a group will pay full double room rate.
8. Medical Issues
You must advise Moriah African Tours Ltd in writing, at or prior to booking, of any physical, emotional or mental condition which (a) may affect your ability to fully participate in the trip; (b) may require professional attention during the trip; or (c) may require the use of special equipment. If any such condition arises after the trip is booked, you must advise Moriah African Tours Ltd in writing immediately.
Moriah African Tours Ltd reserves the right to decline or cancel your reservation, or to remove you from a trip in progress, if Moriah African Tours Ltd reasonably determines your condition would adversely affect the health, safety, or enjoyment of you or of other participants. If Moriah African Tours removes you from a trip in progress pursuant to this paragraph, you will not be entitled to any refund of your Trip Price and Moriah African Tours Ltd shall have no further liability.
Most Moriah African Tours Ltd trips are not wheelchair-accessible, as wheelchair assistance or accessibility in our safari destinations cannot be guaranteed. If you require a wheelchair, you must provide Moriah African Tours Ltd with your requirements in advance and also may need to bring your own small, collapsible wheelchair. If you are unable to travel without assistance, you must be accompanied by an able companion. If you have a condition which requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition. Moriah African Tours Ltd cannot accommodate motorized scooters of any kind. Moriah African Tours cannot accommodate women past their sixth month of pregnancy and cannot accommodate service animals.
If you have a condition as contemplated herein, you travel at your own risk. Moriah African Tours Ltd is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
Moriah African Tours Ltd is not responsible for the costs of any medical treatment you may require during the trip. Under no circumstances is Moriah African Tours Ltd responsible for the quality of medical care, or lack thereof, you may receive while on the trip.
First-class hotel accommodations based on twin-bedded rooms with private bath or showers. Categories assigned to hotels reflect the opinion of Moriah African Tours Ltd.
10. Air Transportation
Your travel agent should arrange international flights or Moriah African Tours Ltd is happy to refer you to our preferred purveyor of air tickets. All internal African flights should be purchased through Moriah African Tours Ltd.
Guests are urged, to travel with only one medium-size suitcase. On certain flights within Africa, strict luggage restrictions apply; details are provided in tour documentation. Luggage and personal effects are at owner’s risk throughout the tour.
The tour programme includes hotel taxes as imposed by city and state governments, entrance fees to National Parks and Game Reserves, and airport taxes for intra-country flights. International airport taxes ( from Tanzania are not included).Please Note: if a group tour comprises less than 6 guests, Moriah African Tours Ltd may provide local guides in each location in lieu of a Moriah African Tours Ltd escort. Extensions are locally guided.
13. Not Included in Quoted Tour Rates
Cost of obtaining passports, visas, travel insurance, excess baggage charges, items of a personal nature such as drinks, laundry, communication (calls, faxes, emails, etc.,) international airport departure tax (to be paid in U.S. dollars or acceptable foreign currencies), deviations from the tour, and gratuities to safari directors, tour leaders, drivers, rangers and trackers.
14. Travel Insurance
The Moriah African Tours Ltd Passenger Protection Plan (or any travel insurance), which also provides protection against lost or damaged luggage, is highly recommended. Check with your travel agent or ask a Moriah African Tours representative.
Quoted tour rates include planning, handling and operational charges, based on the current rate of exchange and tariff as of January 1st 2012. In the event of an increase in foreign exchange or tariff rates, rates are subject to revision.
16. Guaranteed Departures
Moriah African Tours Ltd guarantees departure of all group programmes excepting only cases of force majeure. This includes any major world event that adversely affects international travel patterns and circumstances beyond Moriah African Tours control.
Moriah African Tours Ltd may take photographs or film of its trips and trip participants, and participant grants Moriah African Tours Ltd express permission to do so and for Moriah African Tours Ltd to use such for promotional or commercial use.
Moriah African Tours Ltd, its employees, shareholders, officers, directors (collectively “Moriah African Tours Ltd”) does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, local ground or safari operators, including, without limitation, various entities which may be affiliated with Moriah African Tours Ltd and/or which may utilize the Moriah African Tours Ltd name, guides, food and drink service providers, equipment suppliers, etc. As a result, Moriah African Tours is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.
Without limitation Moriah African Tours Ltd is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any willful or negligent act or failure to act or breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van, safari operator or local ground handler whether or not it uses the Moriah African Tours Ltd name, and/or restaurant which is, to, or does supply any goods or services for this trip. Similarly, Moriah African Tours Ltd is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, overbooking of accommodation, default of any third party, attacks by animals, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism, force majeure, war, quarantine, criminal activity, or any other cause beyond its control.
Baggage is at owners risk throughout the tour unless insured. The right is reserved to alter or cancel the itinerary, at Moriah African Tours Ltd sole discretion, as may be deemed necessary or advisable. Moriah African Tours Ltd reserves the right to decline to accept or retain any passenger on any of its tours if, in its sole discretion, it deems retaining any such passenger as being detrimental to the tour. In the event any passenger is removed from a trip Moriah African Tours Ltd only obligation is to refund to that person that portion of the payment allocable to unused services. Sample airfares are Special/Promotional Fares and cannot be combined with any other promotional fares or offers. All airfares and conditions are subject to change.
All scheduled airline flights are occasionally subject to overbooking, delay or cancellation. If this occurs, Moriah African Tours Ltd will use its best efforts to assist clients in finding alternative arrangements. Moriah African Tours Ltd, however, is not responsible for any such events and the costs associated therewith.
Any and all disputes concerning this contract, our website or your trip shall be resolved solely and exclusively by binding arbitration according to the then current rules of the Kenyan Government in Nairobi Kenya, and any such arbitration must take place in Nairobi. In any such arbitration, the substantive law of Kenya will apply.