Smile With Us Tours in Africa traveler’s terms & conditions
These Terms and Conditions apply to
- All tour products and travel services , but not limited to transportation, accommodation, food, insurance, ground transfers, sightseeing, entertainment or event admissions — as described on this website and provided by or through the assistance of Smile With Us Tours in Africa (which may be referred to as “we” or “us” ), all of which are referred to as “Travel Services “AND
- Every contract between us and each person (the “Client” or “you”) who makes use of these Travel Services, whether he or she deals directly with us or through an intermediary on his/her behalf.
STANDARDS AND CONDITIONS OUTSIDE NORTH AMERICA
Living standards and practices, as well as standards and conditions relating to the provision of utilities, sanitary services and the grading of accommodation may differ significantly from North American standards. You may also find that climate conditions at various destinations can affect the full enjoyment of the facilities and the provision of services at the accommodations included in our tours. In general road conditions in Africa are not up to North America standards. In some areas, particularly after the rains, road conditions deteriorate even more, making travel uncomfortable and increasing the length of time needed to get from one destination to the next. Living practices may also vary from the norm at some points of departure.
Accommodations offered in our tours are, to the best of our knowledge, available at the time of publication and are accurately described. From time to time, factors beyond our control may cause us to change the accommodations as described in our tour itineraries. Usually, the changes are minor in nature and unlikely to affect the enjoyment of your vacation. In the event, prior to your departure, we become aware of a significant change, we will notify you or your agent and make every effort to offer a suitable alternative of a comparable standard or offer a full and immediate refund if: we are advised in writing, by fax or via email, within 48 hours (during open business hours) of you being advised of the change, of your desire to cancel the travel arrangements OR if the change occurs within 24 hours prior to departure.
If, after arrival at your destination, a tour component cannot be supplied as purchased, EWT reserves the right to provide an alternative service of a comparable quality.
“Significant” changes include:
- The scheduled departure of any transportation that forms part of the Tour Itinerary is delayed for 24 hours or more, except for delays due to mechanical problems that relate to the mode of transportation, safety considerations, weather, governmental decisions, strikes or force majeure.
- A change in accommodation or a change in the standard of accommodation.
- A price change of more than 20% of the total price for the Tour, except for a price change that is a result of government taxation, or currency fluctuation.
- A change in the routing of the transportation necessitates a change in the documentation required and there is insufficient time for the Client to obtain the documentation before departure.
Double/twin bedded room with private bath or shower at the hotels listed or of similar grade. Single rooms whether by choice or circumstance, are available in limited number at additional cost as shown for each tour. Private camps in few areas such as Serengeti national park, with small group of people with extra payment to the public campsite which management provide few things ie Dinning, Shower, and kitchen and the rest will be provided by us or not this depend on the packages and agreements
Please be aware that most accommodations undergo some form of renovations at all times.
Unless otherwise specified, obtaining a passport and visa for entry to the country/countries in which the tour takes place is the responsibility of the Client. Each country has different requirements that need to be met so please contact your local embassy to find out exactly what visa requirements and processes are applicable. All Clients must travel with a passport valid for at least six months after due date of return to country of origin. It is the responsibility of the Client(s) to obtain all documentation, at their own expense, including health and visa requirements in compliance with all relevant government authorities. Some countries require the traveler to be in possession of a suitable amount of currency, as well as a valid return ticket. In the event the Client does not possess the documentation required by the chosen destination, be aware that the Carrier(s) reserves the right to refuse the Client(s) and no refund for the unused portion(s) of ticket or itinerary will be allowed.
Information about which vaccinations are required should be obtained from your physician or licensed travel clinic. Any information provided by Smile With Us Tours in Africa about vaccinations and/or prophylactic measures or other medical information should be considered as an extra service. We are not qualified to give medical advice and accept no liability for it. You must be able to prove that you fulfill any vaccination requirements by being able to present appropriate documentation, for example a yellow fever International Certificate of Vaccination card upon arrival.
RESERVATIONS AND DEPOSITS
To make a booking for the tour of your choice, a deposit of 30% of the total tour price , though no less than $500.00 USD per Client, is required at the time of booking. A booking is binding once the deposit has been paid. While payment of the deposit holds a booking, please be aware that FURTHER DEPOSITS MAY BE REQUIRED ACCORDING TO THE ITINERARY. A booking fee of $50.00 USD will be charged if the booking includes less than 3 nights’ accommodation, car rental only or transfer only. The remaining payment must be submitted no later than 60 days prior to departure. If the deadline for the remaining payment is exceeded, Smile With Us Tours in Africa will be unable to confirm the booking for the client and deposit will be forfeit. Failure to comply with deposit and payment terms may result in refusal or cancellation of reservation by Exclusive Wilderness Trails. Please note that some tours have different conditions of payment which may entail stricter conditions for cancellation, e.g. tours utilizing luxury trains, flights and certain safaris. These conditions will be stated in the specific tour terms and conditions.
In order to make your booking, please make sure that you have the correct names, nationalities and date of birth of all travelers as per their passports. Smile With Us Tours in Africa will hold an option of 7 days from the time we have confirmed a tour before the cancellation rules apply. If our service or a tour is booked less than 7 days prior to the date when the service is rendered or the tour commences, cancellation rules will apply immediately. If a hotel is fully booked Smile With Us Tours in Africa will try to offer you an alternative property of a similar standard and location.
All payments can be made by credit card, internet transfer (electronic funds transfer) or telegraphic bank transfer (SWIFT). Credit cards are accepted subject to approval and acceptance of any and at a percentage as may be charged by the credit card companies. Funds are normally cleared within five to seven working days. We do not accept the traveler’s cheques.
Participation in one of our tours presumes responsible and considerate behavior with respect to both yourself and other people, and to this end you are expected to comply with the directions of Smile With Us Tours in Africa and our representatives. We do not recommend that travelers venture alone into unfamiliar or remote areas, especially after nightfall. If you wish to be independent, this should always be in consultation with a travel agency or its local representatives. Should Smile With Us Tours in Africa not be represented at certain destinations we advise that you consult an up-to-date guidebook as well as local people for advice.
CUSTOM SAFARI PLANNING
For custom safari consultations, one initial safari itinerary including one set of revisions, is proposed gratis. Thereafter a service charge of $250.00 is levied. This charge will be fully credited towards a firm safari booking that is concluded within the next twelve (12) months. We specifically reserve the right to levy a services or booking fee for each Client or other person to whom we provide assistance. Details of the amounts and refund ability and other policies will be disclosed at or before the time they are incurred.
PEOPLE WITH DISABILITIES
The itinerary will make it clear whether there are any special demands upon the Client with regard to physical health or ability. A principle rule is that all travelers must be self-reliant on any tour with Smile With Us Tours in Africa. Wheelchair users and people with any other physical handicap affecting mobility are very welcome on many of our tours, but please consult Smile With Us Tours in Africa before booking. Smile With Us Tours in Africa reserves the right to turn away participants who, based on our professional opinion, will not be able to complete the tour due to physical disability.
CHANGES IN ITINERARY
In accordance with legislation, Smile With Us Tours in Africa cannot make major alterations in the planned tour once it has been booked. It is therefore very important that you make clear any special requirements or wishes you may have in connection with the tour you have booked (e.g. the provision of vegetarian food, a hotel with a tennis court, golf course, etc.). Any extra requirements or wishes must be listed on the invoice with the purpose being to ensure you receive the desired product. On many of our more ‘adventurous’ tours we may institute last minute changes in order to take advantage of local and climatic conditions, as well as to take into account other events. Changes due to weather and problems with infrastructure may also occur and the Client must see this as a natural part of the trip. Therefore, no compensation will be paid for delays and changes that take place within any 24 hour duration during the tour.
CHANGES IN PRICES
In accordance with legislation, tour operators may raise the agreed-upon price as a result of increased transportation costs (including increased fuel prices), altered taxes, tariffs and fees, as well as fluctuating exchange rates. Some local taxes cannot be levied beforehand and must be paid locally. These may include airport taxes, as well as the tariffs in some national parks and will usually be stated in your itinerary for your information. We would, however, like to draw your attention to the fact that tariffs and taxes may be altered between the time of the booking of your ticket and your departure. Unfortunately, many sudden price increases occur as a result of fuel surcharges, and increased taxes and tariffs. Price increases will take place according to the following principles:
- All prices are based on costs at the time of publication. Smile With Us Tours in Africa reserves the right to change the prices at any time before your booking is made. Smile With Us Tours in Africa will confirm price changes, if any, together with the confirmation of your booking. Some service prices, such as (but not limited to) park fees, government levies and airport taxes are not in the control of Smile With Us Tours in Africa. In the event of these prices being changed at any date Smile With Us Tours in Africa will charge the supplement to the client at cost.
- Rates given in a currency other than the Tanzania shillings are subject to changes in case of substantial variations of the exchange rate.
CURRENCY AND AMOUNTS
All references to currencies are cited in $ US or $ CAD, or $AUD depending on the Travel Service(s) and the supplier(s) used to provide those Travel Service(s). In the absence of a clear, prominent and comprehensible indication to the contrary, all quotes and booking statements will refer to $US.
CANCELLATION AND REFUNDS
The following rules apply unless other conditions are stipulated in the tour itinerary or the practical information relating to the specific tour on our website.
Cancellation by the customer
If the customer cancels a tour up to 61 days prior to departure the deposit will be forfeit. If cancellation is made within 60-31 days prior to departure, a penalty fee of 65% of the total price of the tour per Client will be levied. For any cancellation made within 30-16 days before departure, a penalty fee of 85% of the total tour price per person will apply. In the case of cancellations made less than 16 days before the start of the tour we are unable to offer any reimbursement. No refunds will be given by Smile With Us Tours in Africa for no-shows.
The payment of bank fees for credit card payments and/or bank transfers are the responsibility of the customer and are strictly non-refundable.
The trip may be cancelled with no penalty charge should war, a life-threatening epidemic, or any other natural catastrophe or similar event occur within 14 days prior to departure. This will however be on the condition that your government advises against travelling to the specific area, and that the situation in question has arisen after the booking of the tour was made. In such cases Clients will be refunded the price of the trip but will not be able to claim any extra expenses.
Cancellations must be made in writing and delivered either by hand, post, fax or electronic mail.
In the case of death or serious illness, special cancellation terms may be negotiated at the discretion of Smile With Us Tours in Africa if an officially-approved death/sickness certificate is presented.
Cancellation by the travel agency
In the unlikely event that Smile With Us Tours in Africa has to cancel a tour or a service for any reason, we will try to offer the choice of an alternative arrangement; otherwise you will receive a full refund. We will do our utmost to inform you about any cancellations at the earliest possible convenience and at the latest 14 days before the commencement of the tour.
The tour and each component Travel Service is totally non-refundable after departure.
CLASS ACTION WAIVER
By making a booking through us, each Client expressly waives any right to commence or to participate in any class action against or involving us, and each such Client expressly agrees to opt out of any class action that may be commenced by another person.
We strongly recommend your consideration of the various types of insurance coverage that are available to protect you in the event of trip cancellation, protection to your baggage, possessions and valuables and to cover against personal accidents, sickness, injury and medical expenses. This is of paramount importance regarding transportation in case of illness, as well as repatriation for other reasons. Payment of insurance at time of booking avoids cancellation charges in the event of cancellation due to accident, sickness or bereavement on the outward package tour. This trip cancellation insurance should accompany your deposit. The cost of such coverage will depend on a number of factors and cannot be predicted accurately without specifics.
WEB SITE PHOTOGRAPHS
Although we make every effort to ensure that the information and photographs contained on our web site are accurate, the occasional error or change in circumstances will occur. Inclusions may vary or be withdrawn with or without prior notice. If we are advised of any significant change, which may affect your enjoyment, we will do our best to inform you in advance. Photographs and other depictions, in any brochure, website or other promotional piece, of destinations, hotels, and other elements of the relevant Travel Services may not be actual or currently accurate representations of the Travel Services purchased.
LAWS AND CUSTOMS
Please familiarize yourself with relevant laws and customs and what documentation is necessary for your travel and return to your Country of Origin. You may refer to the relevant tourist boards and/or embassies / consulates for the countries that you will be visiting.
Prices are based on fixed costs at the time of quoting. These costs are dependent on full costs, rates of exchange and other factors. Should these costs increase we reserve the right to increase the cost of any tour or Travel Service. In the event the increase is in excess of 20% (other than government levies and taxes), you are entitled to cancel the travel arrangements and receive a full refund. Every effort will be made to advise you of any price increase at least 15 days prior to your departure date. Unless specifically included, all such amounts are subject to GST/HST as may be applicable. All prices are subject to availability until booked with, and confirmed by us.
This is reflected on each final Itinerary.
By submitting a deposit and/or other payment, each Client(s) acknowledge(s) acceptance of these Terms and Conditions. The Client who deals with us on behalf of others represents that he/she has the authority of those others to bind them in all regards.
If requested in writing, Smile With Us Tours in Africa will attempt to provide the best available local airline transportation airport transfers, and on Safari 4WD Safari equipped land cruiser or Landover. Smile With Us Tours in Africa does not provide international travel arrangements.
As indicated on each itinerary by: – B for Breakfast, L for Lunch, PL for Picnic Lunch, BL for Boxed Lunch and D for Dinner.
SIGHTSEEING AND GROUND TRANSPORTATION
Minibuses, Vans and suitable safari vehicles will be utilized. Safari trucks and/or minibuses will be used for camping safaris.
On safari one average sized luggage is permitted per Client – this should preferably be soft sided. It may be possible to store excess baggage at your hotel. Baggage allowance for international flights is available on request. On private air charter flights within Africa, strict baggage restrictions apply and are also available on written request. Excess baggage is subject to excess baggage charges. Baggage insurance is strongly recommended. Baggage allowances are subject to change without notice. Kindly familiarize yourself with current regulations prior to travel.
LEVIES AND GRATUITIES
Service charges as imposed by hotels and taxes as imposed by local administration and government authorities are included, but subject to change by the local authorities. Unless expressly stated, airport taxes are not included. Gratuities are not included and are left to the discretion of the Client.
Each tour package comprises one or more service components including the organization of transport, meals, entrance fees, accommodation and/or other facilities or services. Smile With Us Tours in Africa has no direct day-to-day control over its suppliers. Accordingly Smile With Us Tours in Africa accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience which may be occasioned by any defect in anything (including vehicles) used by any supplier for the provision of any service. Neither will Smile With Us Tours in Africa accept liability for any shortcomings of service caused by an act or omission of any supplier or its employees or agents.
Smile With Us Tours in Africa shall not be liable for any loss or expense arising from the loss of property, cancellation or curtailment of the tour however caused, save to the extent that such loss of baggage, cancellation or curtailment was caused directly by the negligence of Smile With Us Tours in Africa. Smile With Us Tours in Africa shall in no way be held responsible or become liable for any claims of whatsoever nature that may arise in respect of said Travel Services including, without restriction generally thereof, loss that may result from acts of God, strikes, weather, quarantines, accidents, sickness, government regulations, insufficient documentation, food poisoning, overbooking or downgrading of service, or the consequences of a missed connection as between suppliers. In general, please note our responsibilities and obligations apply only in respect to those services which Smile With Us Tours in Africa agrees to arrange or provide on your behalf. Smile With Us Tours in Africa cannot accept any liability for any services arranged by the Client.
Payment by you for a reservation on the tour shall constitute complete acceptance of this statement of responsibility and other general conditions herein published.
If sickness or an accident interrupts a tour, Smile With Us Tours in Africa shall not be liable for any subsequent cost or expense, save only to the extent that such sickness or accident was caused beyond any reasonable doubt by a willful act of Smile With Us Tours in Africa or by gross negligence. Smile With Us Tours in Africa shall not be liable for any refund, either total or partial, of passage money paid and we recommend that travellers take out the necessary insurance to protect against such an eventuality.
In the case of a claim being made, Smile With Us Tours in Africa must receive said claim in writing no later than 21 days from the end of our services under the contract. Smile With Us Tours in Africa has no liability for complaints received outside of the 21 day period. If you have a complaint it must be directed to Smile With Us Tours in Africa or our local representative as soon as the problem comes to light so that we may attempt to rectify the situation. Should you remain dissatisfied, please write to us setting out the complaint in detail within 21 days of the end of the tour. Smile With Us Tours in Africa cannot accept responsibility for any complaints of which we are not notified of entirely in accordance with this clause. Should any legal dispute arise it must be settled in Arusha, Tanzania. Where any payment is made, you will assign to Smile With Us Tours in Africa or our insurers any right you may have to pursue any third party in relation to the claim and provide us with your full co-operation.
In respect of air, sea and rail carriers, as well as land vehicles and hotel owners, Smile With Us Tours in Africa’ liability is in all cases limited as if Smile With Us Tours in Africa were the carrier/hotelier within the relevant and appropriate international conventions. Furthermore, all transport is provided subject to the relevant carrier’s conditions of carriage, some of which may limit or exclude their liability to you, often in accordance with international conventions.
As mentioned above your participation in a tour is subject to your being aware of the above information as well as the information on the website, on the invoice and in the itinerary, and to your following the aforementioned regulations. It is also expected that you seek up-to-date information about the current matters concerning the political, health, natural and climatic conditions at your destination.
People travelling individually must take note of the fact that the information in this material does not cover all circumstances. Quotes are generally based on double occupancy. Please inform Exclusive Trails if you will require single accommodations. There may be a single supplement added to any service or tour.
It is the responsibility of the Client to become informed about the most current travel advisories and warnings. Information can be found by referring to:
- The Government of Canada Travel and Tourism resources at https://travel.gc.ca
- The US State Department’s travel website at http://travel.state.gov/
- Equivalent information resources may be provided by another government site or similar entity or agency.
In the event of an active government Travel Warning against travel to a specific destination(s) or location(s) of the tour, should the Client still choose to travel, notwithstanding any travel advisory or warning, the Client assumes all risk of personal injury, death or property damage or loss that may arise out of the events like those advised or warned against. Please note that travel and medical insurance may become null and void if the Client chooses to travel after a government advisory has been issued. Smile With Us Tours in Africa cannot be held liable for any expenses incurred by the Client due to void insurance.
TOUR RATES DO NOT INCLUDE
Passport and visa fees, government health requirements – vaccinations or inoculations, insurance of any kind unless stipulated, excess baggage charges, meals other than specified in the itinerary, or any foods or beverages not on the regular table d’hôtel menus at the included meals, gratuities, airport taxes of any kind -including departure taxes. Any expenses or costs in association with transportation to and from departure point, expenses or guides or transportation not specifically indicated. Any expenses of a personal nature such as laundry, drinks and communication charges unless stipulated.
Smile With Us Tours in Africa reserves the sole right to eliminate any feature or Travel Service (in which case, applicable refund will be made) and to make such changes in the itinerary as it may deem necessary or desirable. The right is also reserved to cancel the tour should it be deemed advisable for any reason. Return to Clients of all monies paid by them shall release Smile With Us Tours in Africa from all liability in respect to this tour. EWT reserves the right to decline to accept or retain any person as a tour Client should such person’s health or mental condition or physical infirmity or general deportment impede the operation of the tour or the rights or welfare of other tour Clients, and a refund of unused land tour services is the limit of EWT liability. Any and all waivers of liability shall apply to the officers, directors, employees, staff and other representatives of EWT as well as the company itself, and its successors and assigns.
All airlines concerned shall not have, or incur any responsibility or liability as common carrier, nor shall such carriers be held responsible for any act, omission or event after the Client has disembarked from their conveyance. The usual passage contract is in use by the carriers: when issued, it shall constitute the sole contract between said carrier and the Client. The payment for a reservation of the tour shall constitute consent to all provisions in the Terms and Conditions, as published herein.
These Terms and Conditions may be amended at any time, without prior notice. This version of the Terms and Conditions is current as of July 01, 2016. In the event that we amend these Terms and conditions, the amended version shall be posted on our website The website version shall at all times apply, and you are urged at all times to review the current version.
None of our staff or agents has the right or authority to amend or waive these Terms and Conditions, other than the President, and any such waiver shall be effective only if evidenced by the President in writing.
If any provision of these Terms and Conditions is determined to be unenforceable or invalid, such determination shall not affect the validity and enforceability of any of the remaining provisions.
By making a booking with or through us, each Client expressly agrees (a) that any contract or other relationship between him/her and us shall be governed by the laws of the Country of Tanzania applicable therein, and (b) he/she submits to the jurisdiction of the Courts of the Country of Tanzania.
Subject to any change effected at terms and conditions these Terms and Conditions apply to our tours departing on or after July 1, 2016, until June 30, 2020.
Smile With Us Tours in Africa Ltd. is an Arusha based Registered Retailer/Wholesaler under the provisions of the Travel & tourism Industry Act 2008, Dar es Salaam. Under registration on certificate of incorporation Nos 124495