BOOKING TERMS AND CONDITIONS
Thank you for booking and/or traveling on an experience with ThinkAfrica. These Terms and Conditions (the “Terms”) apply to any travel trips and/or services you have booked with or purchased from TA Trips, and govern the contractual relationship between you and TA Trips with respect to any such travel trips and/or services (hereinafter, the “Trips”). Please read these Terms carefully as by booking any Trip with TA Trips, or by traveling on a TA Experience you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Trips with more than one attendee named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all attendees named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Trips(hereinafter “you”, the “Attendee(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The attendee who confirmed the booking is deemed to be the designated contact person for all other attendees named in such booking. These Terms constitute the entire agreement between the Attendee and TA Trips with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when ThinkAfrica, or an authorized agent acting on ThinkAfrica’s behalf, have received the applicable deposit from the Attendee and the Attendee has received written confirmation from TA Trips of such booking. The Attendee confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by TA Trips to confirm such booking. Any Attendee confirming a booking on any Trips with more than one Attendee named and booked on such booking represents and warrants to TA Trips that: i) they have all requisite consents and authority to make such booking on behalf of all other Attendees named on the booking, and have communicated all necessary information to the other Attendees in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all attendees is complete and accurate, and they have obtained all necessary consents and permissions to share such information with TA Trips for the purposes of completing the booking; and iii) they will inform all other named Attendees on the relevant booking of the applicability of these Terms to the booking and the Attendees’ relationship with TA Trips.
At any time before a booking is confirmed, TA Trips reserves the right to increase or decrease brochure prices of any Trips. TA Trips reserves the right to decline any booking, in their sole discretion.
2. MEDICAL FORM
3. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
All Attendees should consult their physician regarding their fitness for travel. TA Trips encourages all Attendees to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Attendee’s travel with TA Trips. TA Trips does not provide medical advice. In addition to the obligation to review, and if applicable, complete the Medical Form described above, Attendees must notify TA Trips in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Attendee’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Trip or in any capacity with TA Trips. Certain Trips may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Attendee’s responsibility to assess the risks and requirements of each Trip in light of such Attendee’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Attendee. TA Trips may refuse to carry pregnant women over 24 weeks or Attendees with certain conditions, if suitable accommodation or alternate Trips or services cannot be arranged. Travel, as offered by TA Trips, by its nature may involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Attendee’s home country. The condition of medical facilities in the countries in which TA Trips operates varies and TA Trips makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. TA Trips will try to accommodate the special requests of Attendees , such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Attendee and TA Trips and TA Trips is not liable for any failure to accommodate or fulfill such requests.
Traveling with Minors: Attendees aged 21 at date of first travel are deemed to be adults. On all Trips and/or TA Trips an adult Attendee over the age of 21 must accompany every two Minor Attendees (defined as Attendees between the ages of 18 and 21). The ratio of adult Attendees to Minor Attendees traveling together must be one adult Attendee to every two Minor Attendees. Unless otherwise indicated in the experience description, or otherwise by TA Trips, the minimum age for Attendees traveling on experiences is 18 years of age. All Minor Attendee bookings are subject to review and approval by TA Trips. TA Trips reserves the right to restrict the number of Minor Attendees on any given Tripwhere it deems necessary. The adult accompanying a Minor Attendee must be the Minor Attendee’s custodial parent or legal guardian.
TA Trips are available for purchase using Stripe, a payment processor that offers dynamic currency conversion. Attendees are able to book a TA Trips Trip with 130 different currencies. You can accept charges in more than 130 currencies from almost any credit card and debit card—no matter where your customer lives—though customers in other countries may be charged additional fees by their bank.
There are two types of fees that an attendee might see when making charges with an unsupported currency or from a different country.
Bank Conversion Fees
If Stripe doesn’t support your currency, then their charge will be converted into ThinkAfrica default currency by our bank and our bank will add an additional fee that the attendee pays to their bank.
Foreign Transaction Fees
If ThinkAfrica is based in a different country than our attendees’ bank our attendee may receive additional fees. This is up to our attendees’ customer’s bank, so the exact behavior might vary.
5. FINAL PAYMENT SCHEDULE/LATE PAYMENT/ACCEPTANCE OF BOOKING/ATTENDEE DETAILS
(a) Final Payment: Attendees should refer to the confirmation email sent by TA Trips and/or their applicable confirmation email for details regarding final payment for any Trips booked. Payment of the balance of the price for any Trip is due no less than 30/60 days before the departure date of the first Trip to depart (this is subject to when attendee begins their payment plan). If full payment is not received by such due date, TA Trips may change the rate payable for the Trip, or may treat the booking of such Trip as cancelled and shall retain the amount paid on booking as a cancellation fee, at TA Trips’ sole discretion. If a Trip is booked less than 60 days before the departure date of the first Tripto depart (of the Tripsincluded in such booking), there are 2 options then the full amount is payable at the time of booking in order for the booking to be confirmed or half of the amount is payable at the time and the remaining is payable 2 weeks before departure. If, for any Trip, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Attendee prior to booking and shall also be detailed on the applicable invoice.
(b) Late Payment: Failure to make a payment within fourteen days of the agreed upon date is a breach of contract and will result in the cancellation of your experience. ThinkAfrica maintains the right to assign your spot to the next eligible attendee on the wait list.
(c) Attendee Details: As a condition to valid confirmation of any booking with TA Trips (including all Trips) the Attendee must provide all necessary information as requested by TA Trips along with their final payment. If the Attendee fails to provide such information prior to 60 days before the departure of the purchased Trip, an Administrative Fee will be charged to the Attendee, and TA Trips reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by TA Trips, in its sole discretion. The information required from each Attendee will vary by Trip purchased, and the requirements will be communicated to the Attendees during the booking process.
(d) Credit Card Charges: TA Trips is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Attendee as a result of credit card or other payment transactions in connection with the purchase of Trips and will not refund or return any fees charged by such third parties in connection with payments made by Attendees to TA Trips.
6. CANCELLATION BY THE ATTENDEE
Any cancellation of a booking and/or a Trip by a Attendee must be delivered to ThinkAfrica in writing and be acknowledged by ThinkAfrica in writing. Trips are NON-REFUNDABLE and NON-TRANSFERABLE between persons. It is recommended that TA Experience's attendees PURCHASE trip cancellation coverage. Trip cancellation insurance is the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your ThinkAfrica trip for any reason, whether voluntarily or as a result of ThinkAfrica's actions.
ThinkAfrica is not responsible for any incidental expenses or consequential losses that the Attendee may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
Attendees purchasing Trips are highly recommended to purchase comprehensive cancel for any reason insurance, to the extent such insurance is available under the laws governing each attendee's country of origin. COMPREHENSIVE CANCEL FOR ANY REASON INSURANCE MAY ONLY BE AVAILABLE TO CITIZENS OF THE UNITED STATES OF AMERICA AND CANADA.
To cancel services booked through third party vendors, please contact the applicable vendor.
7. CANCELLATION OF A EXPERIENCE BY TA TRIPS
TA Trips will not cancel a booking on any experience Trip once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of TA Trips. When a experience is cancelled by TA Trips before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Attendee, the Attendee shall have the choice of:
(i) accepting from TA Trips a substitute experience Trip of equivalent or superior value, where such substitute is reasonably available;
(ii) accepting from TA Trips a substitute experience of lower value if no experience of equivalent or superior value is reasonably available, and to recover from TA Trips the difference in price between the price of the experience originally purchased and that of the substitute experience; or
(iii) accept from TA Trips a full refund of all monies paid for the cancelled experience Trip(s).
TA Trips is not responsible for any incidental expenses or consequential losses that the Attendee may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. TA Trips reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Trip(s) as described cannot be provided, TA Trips will make suitable alternative arrangements for the continuation of the trip Trip(s). If it is not possible to provide a suitable alternative or the Attendee reasonably rejects any suitable alternatives, TA Trips will provide the Attendee a refund of unused Trips or Trip portions.
8. UNUSED SERVICES
TA Trips shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Attendee due to no fault of TA Trips or its Think Africa Board Member s, which shall include any termination of the Attendee’s participation in the experience Trip due to the Attendee’s own fault, negligence or breach of these Terms.
9. PRICES, SURCHARGES AND TAXES
Due to the nature of travel and the prices of the resources on which it depends, the published price of any Trip is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Trip. After a Confirmation Invoice has been issued by TA Trips to the Attendee, TA Trips reserves the right to impose surcharges on any Trip(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Trip(s), but only where the increase in question is greater than 2% of the original price paid for the Trip(excluding add-ons, insurance, and taxes). TA Trips shall provide notice to the affected Attendee as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than 7% of the price of the applicable Trip, upon receiving notification from TA Trips the affected Attendee(s) may elect to either:
(i) cancel the applicable Trip booking without incurring any penalty; or
(ii) accept the change of price.
The Attendee must notify TA Trips of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
Experiences are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Attendee at the time of booking and itemized on subsequent invoicing.
The prices of Trips advertised on the TA Trips website are based on costs in effect at the time of posting to the website. TA Trips reserves the right to alter prices of any Trip at any time prior to receipt of payment in full for such Trip. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 9, above. Changes, revisions, or other amendments may be made to the particulars contained on the TA Trips website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Attendee acknowledges by booking a Trip and/or agreeing to travel with TA Trips that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Trip and/or itinerary by TA Trips. The Attendee acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Trip will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of TA Trips.
(a) Trip details: The itinerary is a general guide to the experience and region and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between the attendee and the operator. Although the itinerary has been curated with care and details are provided in good faith, ThinkAfrica Trips may make improvements that stem from weather changes, local factors, past travelers’ comments, and research, to name a few examples. As a attendee, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.
(b) Changes made by TA Trips: While TA Trips will endeavor to operate all Trips as advertised, reasonable changes in the itinerary of any Trip may be made where deemed necessary or advisable for operational reasons by TA Trips, in its sole discretion. If TA Trips makes a Material Change (defined as a change affecting at least one in three full experience days of the itinerary, or which materially affects the character of the Tripin its entirety) to any Trip, TA Trips will inform the Attendee(s) booked on such Trip of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Attendees. If a Material Change is made more than 14 days prior to departure, the affected Attendee may elect to:
(i) accept the Material Change and proceed with the amended Trip;
(ii) book another Tripof equivalent or greater value, if available (Attendee shall be responsible for paying any difference in price between the amended Tripand the Tripbooked in its place);
(iii) book another Tripof a lower value, if available, with a refund payable to the Attendee of the difference in price; or
(iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Trip(and for clarity, this shall not extend to additional Tripsbooked by the same Attendee which are not subject to any Material Change).
The affected Attendee must notify TA Trips of their decision in writing within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Tripitinerary.
If any Material Change arises from reasons of Force Majeure, as herein defined, the Attendee shall be entitled to recover only the costs of the Trip recoverable by ThinkAfrica.
Once a Trip experience has departed, changes to such Trip’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Trip operation, health, safety, Attendee enjoyment, or Attendee comfort. Any such changes are at the discretion of the ThinkAfrica Board and any indirect costs incurred as a result will be the responsibility of the Attendee. The Attendee acknowledges that they must have reasonable financial resources to cover incidental expenses on every Trip on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that TA Trips shall not be liable for any Attendee’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.
TA Trips will not be liable for any indirect and or consequential losses associated with any changes to a Trip’s itinerary.
(c) Changes made by the Attendee: Attendee may contact TA Trips directly by email, to correct any errors in Attendee’s personal information recorded on their booking. Attendee is responsible for ensuring that information provided to TA Trips in making their booking is accurate, up-to-date, and correct. If applicable, a one-time transfer from one Trip experience to another may be made 120 days or more prior to departure of the applicable Trip for a fee of $199, subject to Trip availability and approval by TA Trips. If such transfer request is approved by TA Trips and the Attendee has transferred to (i) a more expensive Trip experience, Attendee shall pay the difference in price between the cost of Attendee's original Trip experience and the new Trip experience; or (ii) a less expensive Trip experience, Attendee shall not be eligible for a refund of the difference in price between the cost of Attendee's original Trip experience and the new Trip experience. Any request to transfer received less than 120 days before departure of the applicable Trip will not be accepted and Attendee must cancel the Trip booking in accordance with the cancellation terms herein and create a new booking for any other Trips. The Attendee may only transfer a booking to a departure date 12 months from the original date of purchase. Any changes to the traveling Attendee’s name on any Trip booking are subject to ThinkAfrica’s approval and applicable Administrative Fees may apply, which will be payable by the Attendee.
(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to ThinkAfrica’s approval. Any extra costs incurred for making the change will be charged to the Attendee along with an Administrative Fee. No changes are permitted to any booking within 14 days of departure of the first Trip to depart under the applicable booking.
Trip experience prices do not include international airfare or any other flights unless expressly mentioned in the inclusions.
(a) Quotes: All quotes are in US Dollars, unless otherwise stated. TA Trips consultants will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by TA Trips.
(b) Options: The Attendee may hold an option on a flight with TA Trips through our commissioned consultant. This option guarantees the seat at the quoted price for the same business day. After close of business that day (5pm EST, Monday to Friday) if the option is not confirmed, the option is deemed to have expired and is no longer valid.
(c) Price changes: Until tickets are issued, TA Trips consultants reserve the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever.
(d) Full payment: Full payment must be paid before the option period described in (b), above, expires to guarantee the reservation at quoted price and secure applicable tickets. By making full payment, the Attendee agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Attendee subsequently decides to cancel after any ticket has been issued. There may be a possibility to have a monthly installment but that will be confirmed if noted by ThinkAfrica and travel agency.
(e) Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the TA Trips consultants’ sole discretion, and will also be subject to administrative fees, as applicable, to be payable by the Attendee.
(f) Flight reconfirmation: Attendee is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. TA Trips is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Attendees may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information.
(g) Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the attendee is responsible for the full cost of a new ticket and any changes that may occur in replacement.
(h) Airline, airport or weather delays: TA Trips is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. TA Trips will not reimburse for any additional expenses incurred by the Attendee as a result of such events or delays. TA Trips will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.
14. ACCEPTANCE OF RISK
The Attendee acknowledges that the nature of Trip experiences may involve a significant amount of risk to Attendees’ health and/or safety. The Attendee hereby assumes all such risk and does hereby release TA Trips from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Trip itineraries.
Accommodation, transportation, activities and excursions, and other components of TA Trips’ Trips will be arranged by TA Trips with suppliers local to the region where the Trip operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Trip experiences take place are often lower than comparable standards than what the Attendee may reasonably expect in their home country or region. TA Trips at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Trip experiences operate. The terms and conditions of all suppliers of Trip components will be applicable to the Trip component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of TA Trips will not exceed that of any supplier of any Trip component. The components that make up each Trip experience shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
15. AUTHORITY ON EXPERIENCE & ATTENDEE RESPONSIBILITY
At all times the decision of the TA Trips Think Africa Board Member or other designated representative will be final on all matters regarding safety and well being of Attendees and operational requirements of the Trip experience. By traveling with TA Trips, the Attendee agrees to abide by the authority of the Think Africa Board Member or designated representative. The Attendee must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Trip experience. If the Attendee is affected by any condition, medical or otherwise, that might affect Attendee’s ability to travel or participate in adventure travel activities, Attendee’s enjoyment of the Trip experience being booked, the ability to travel or enjoyment of any other Attendees on the Trip experience, or the treatment to be administered to the Attendee in any emergency situation, the Attendee must advise TA Trips at the time of booking and complete a medical form provided by TA Trips, along with any other documents reasonably requested by TA Trips to ensure the health and safety of all Attendees who travel with TA Trips.
Should the Attendee fail to comply with the above or commit any illegal act when on the Trip experience or, if in the opinion of the ThinkAfrica Baord (in his/her and/or TA Trips’ sole discretion), the Attendee’s behavior is causing or is likely to cause danger, distress or material annoyance to others, TA Trips may terminate that Attendee’s travel arrangements on any Trip immediately without any liability on TA Trips’ part and the Attendee will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Attendees agree that they are responsible for any costs incurred by TA Trips, TA Trips’ suppliers or TA Trips’ partners, as a result of damage, destruction, theft, or excess cleaning fees related to Attendee’s accommodation, transport, or other use of facilities while on the Trip experience. Attendees agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a TA Trips’ representative as soon as possible upon discovery by the Attendee.
Attendee agrees to take all prudent measures in relation to their own safety while on any TA Experience, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Attendee health and safety. TA Trips shall not be liable for any failure on the Attendee’s part to comply with this paragraph.
16. TRAVEL DOCUMENTS
(a) Valid Passport: The Attendee is entirely responsible for securing and must be in possession at all times while on a Trip experience of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Trip experience, and for re-entry to the Attendee’s country of residence or departure (passport must be valid six months past the last date of travel with TA Trips), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Trip experience itinerary. The Attendee accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Trip experience, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Attendee agrees that they are responsible for the full amount of any loss or expense suffered or paid by TA Trips or any of its third party suppliers which are a direct result of the Attendee’s failure to secure proper travel documentation. Any information or advice given by TA Trips regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Attendee, and TA Trips is not responsible for any errors or omissions in the information provided, or in the information provided to Attendees by third parties such as government or travel authorities.
(b) Documents: Please note that all travel documents for Trips such as vouchers, itineraries and invoices will be sent electronically and via email to the e-mail address provided on booking. TA Trips reserves the right to impose an administration fee on those Attendees who wish to receive their travel documents by other means.
(c) Trip Details: The Attendee acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the TA Trips website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Attendee has the most current Trip Details as minor changes may have been made since the experience documents were originally provided by TA Trips.
17. FORCE MAJEURE
TA Trips shall not be liable in any way to the Attendee for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for TA Trips' failure to commence, perform and/or complete any duty owed to the Attendee if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of TA Trips; or an event which TA Trips or the supplier of services, even with all due care, could not foresee.
ATTENDEE ACKNOWLEDGES THAT IT IS MANDATORY THAT ALL ATTENDEES OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of any travel with TA Trips and this insurance must cover personal injury and emergency medical expenses. Thirty days before the departure of each Trip experience, TA Trips will verify that all Attendees have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Attendees also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Attendee. TA Trips shall have no liability for loss, theft of or damage to baggage or personal effects of Attendees while participating in a Trip experience. Attendees should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. TA Trips cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by TA Trips such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. Attendee acknowledges that the cost of the Trip experience does not include any insurance coverage for such Attendee, and that the Attendee is required to obtain separate coverage at an additional cost to the Trip experience price. When obtaining travel insurance, the Attendee must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable TA Trips Trip.
19. DISCOUNTS AND PROMOTIONS
All discounts and any reduced pricing and/or promotional benefits are applied at TA Trips’ sole discretion. From time-to-time TA Trips may offer reduced pricing on selected Trip experiences. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment has been made in full or in part and has been received by TA Trips) are not entitled to the reduced pricing. Attendees agree that if they have previously cancelled a booking in their name for a Trip, they shall not be entitled to re-book on the same or any similar Trip experience with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount.
20. CLAIMS AND COMPLAINTS
Attendee agrees to bring any complaints regarding a Trip to TA Trips as soon as possible in order to provide TA Trips with the opportunity to address such complaint properly. Attendee agrees to inform the Think Africa Board Member at the earliest opportunity.TA Trips assumes no liability for complaints that are not properly brought to the attention of TA Trips with sufficient notice for TA Trips to resolve or attempt to resolve any Attendee complaints. Any complaint made after the completion of a Trip experience must be received in writing by TA Trips directly at within 30 days of the end of the experience. Attendee acknowledges and agrees that TA Trips will not accept any liability for claims received after this period.
21. ATTENDEE RESPONSIBILITY
The Attendee acknowledges that depending on the nature of the Trip booked, or the location(s) in which such Trip is to operate, there may be a significant degree of personal risk involved in travel on the Trip. There are dangers inherent to adventure travel generally and Attendee acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Trip. The Attendee acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Attendee acknowledges and agrees that TA Trips is not responsible for providing information or guidance to the Attendee with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Trips are operated, and TA Trips strongly encourages that Attendees locate or make contact with his/her local embassy or consulate in each destination prior to departure on any TA Trips Trip.
Extras (which for the purposes of this section mean any activity, transportation, meal, or any other trip or service not expressly included in the Trip description or itinerary, or in the price of the Trip) do not form part of the experience or Trip. Attendee agrees that any assistance given by the TA Trips Think Africa Board Member or other TA Trips representative in arranging, selecting, or booking any Extras is purely at the request of the Attendee, and TA Trips makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Extras or participation thereon by any Attendee, or any information provided by any TA Trips representative or Think Africa Board Member regarding any Extras. Accordingly, the Attendee hereby releases TA Trips from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Extras.
TA Trips is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Attendee, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Trip(s), or a force majeure event (as herein defined).
THE ATTENDEE MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO TA TRIPS ANY SUCH FAILURE THAT THE ATTENDEE ALLEGES HAS OCCURRED. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of TA Trips or of the third-party suppliers of any services which form part of the Contract, then TA Trips limits its liability and any liability TA Trips may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Attendee paid for the Trip, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then TA Trips' liability will not exceed $1,000. TA Trips will not at any time be liable for any loss of or damage to valuables of any nature. The Attendee agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against TA Trips and its suppliers, contractors or other third parties.
Hotels, shuttle services or other constituent elements of a Trip will be arranged by TA Trips with suppliers local to the regions in which the Trip operates, who may themselves engage the services of other local operators and/or sub-contractors. TA Trips will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Attendee assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of TA Trips will not exceed that of any supplier. All suppliers will be selected and assessed by TA Trips in reference to local laws and regulations in the relevant country of operation. Neither TA Trips nor any carrier is liable for the acts or omissions of any independent contractors.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
26. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon TA Trips and the Attendee and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Attendee on whose behalf the Attendee is purchasing any Trip.
TA Trips, ThinkAfrica, Inc., exists under, and is pursuant to, the laws of California.
27. APPLICABLE LAW
The Contract and these Terms are subject to the laws of California, and all Attendees submit to the exclusive jurisdiction of the courts located in San Francisco, California, United States for the resolution of any dispute under these Terms or concerning a Trip.
29. ONLINE BOOKINGS
All online reservations shall be deemed as booked in the United States, and shall be subject to United States law and jurisdiction.
30. IMAGES AND MARKETING
The Attendee agrees that while participating in any TA Trips Trip images, photos or videos may be taken by other Attendees and/or TA Trips representatives or Think Africa Board Member s that may contain or feature the Attendee in part or in whole. The Attendee acknowledges that they consent to any such pictures being taken and agree that Attendee hereby grants a perpetual, royalty-free, worldwide, irrevocable license to TA Trips, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Attendee or compensation payable to such Attendee.
31. REFUSAL OF SERVICE
TA Trips retains the right to refuse service to any Attendee at any time, for any lawful reason whatsoever, in its sole discretion.
TA Trips reserves the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the TA Trips website (www.tntrips.com). Any such amendment shall take effect 7 days following its posting to the TA Trips website. The latest Terms, as amended, may be accessed any time on TA Trips’ website, or will be sent to Attendee upon their written request to TA Trips. Attendees shall be deemed to have accepted any amendments to these Terms on the date that is 7 days after their posting on the TA Trips’ website. TA Trips recommends that all Attendees refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.
(a) Attendees purchasing from the wait list must purchase from the full payment plan. Unless otherwise mentioned, roommates will be selected at random.
(b) Payment Plans. On your payment due date, TA Trips will deduct Attendee's payment from the payment account Attendee designated at the time of purchase or as updated thereafter. Automatic payments will be debited from Attendee's bank account on the payment due date indicated on Attendee's account.