Terms + Conditions
1) RESERVATIONS AND PAYMENTS
A) Reservations should be made by contacting Andy Biggs Safaris & Custom Travel.
B) Safaris are booked and confirmed only on receipt of a 35% advance payment of the basic safari rate. In some cases, such as gorilla trekking permits there may be additional costs due at the time of deposit beyond 35%. Andy Biggs Safaris & Custom Travel will notify you of the deposit amount due. This advance payment is due within five (5) days of making the reservation. There shall be no binding contract until the advance payment has been received by Andy Biggs Safaris & Custom Travel. Failure to remit your advance payment on time will result in an automatic change of status of any confirmed space to a provisional basis and the possible inability to reinstate your reservation. When Andy Biggs Safaris & Custom Travel receives your advance payment, a booking reference number will be assigned and noted on your original invoice. This number shall be deemed to constitute acceptance and confirmation of your booking. Your cancelled check and or wire transfer authority will act as your receipt.
i) If Andy Biggs Safaris & Custom Travel is not making your complete travel arrangements for you, it will be necessary to furnish us with a copy of the confirmation of your transportation arrangements. Andy Biggs Safaris & Custom Travel cannot be held liable for any penalties or losses incurred as a result of voluntary or involuntary changes to transportation schedules.
iii) Alternatively, payments can be made by credit card or wire transfers by prior arrangement with Andy Biggs Safaris & Custom Travel. Such alternate payments may incur a surcharge to be quoted by Andy Biggs Safaris & Custom Travel.
C) The balance is due no later than ninety (90) days prior to commencement of your safari. If the balance has not been received by that date, Andy Biggs Safaris & Custom Travel shall be entitled in its discretion to treat your reservation as canceled, and consequently to forfeit such part of the advance payment as determined solely by Andy Biggs Safaris & Custom Travel. Late payments will be subject to a 5% surcharge on the balance.
D) Any reservation made within ninety (90) days of commencement of a safari may be accepted provided space is available, payment in full is received, and provided that documents can be delivered prior to departure.
E) Andy Biggs Safaris & Custom Travel will not provide tickets, coupons, vouchers or documents until full payment has been received by Andy Biggs Safaris & Custom Travel.
F) Andy Biggs Safaris & Custom Travel will not accept responsibility for wire transfer and / or overnight mail charges.
G) No client will be permitted into the field without payment in full being received by Andy Biggs Safaris & Custom Travel.
H) Special airfares are capacity controlled and often sold out months in advance. In addition, many accommodations offered by Andy Biggs Safaris & Custom Travel have a limited capacity. It is essential to make reservations well in advance to insure your preferred arrangements.
2) CANCELLATION AND REFUNDS
A) Any cancellation of a booking must be in writing and shall only be effective upon its acknowledged receipt by Andy Biggs Safaris & Custom Travel. All payments made to date are nonrefundable, however the following conditions may create a situation for a full or partial refund:
If we are able to re-market and sell your spot(s) on a departure the net proceeds can be used towards a future trip to be completed within twelve (12) months of the original trip departure date. If we need to discount the spot(s) in order to rebook your canceled spots, the amount of the discount will be reflected in the credit towards a future trip.
If you are able to find a replacement to take your spot(s) you can either take payment directly or we can do it for you.
B) If you are a “no show”, Andy Biggs Safaris & Custom Travel shall be entitled to treat your reservation as canceled without having given Andy Biggs Safaris & Custom Travel any notice, and the provisions of Paragraph 2(A) shall apply.
C) Any request to amend or change a booking once it has been confirmed may be accommodated subject to space availability. If Andy Biggs Safaris & Custom Travel is able to assist, an administrative fee of $100 per change will be assessed at Andy Biggs Safaris & Custom Travel’s discretion. These fees will be added to your final invoice.
D) No refunds are given
(1) for lost travel time or substitution of facilities,
(2) for itineraries amended after departure,
(3) for circumstances arising beyond the control of Andy Biggs Safaris & Custom Travel, necessitating alternative arrangements being made to ensure the safety and / or further participation and enjoyment of your safari,
(4) if you do not appear for any accommodation, service, sightseeing or trip segment without notifying Andy Biggs Safaris & Custom Travel, or
(5) if you leave your safari after it has begun, or miss any scheduled sightseeing, activities, meals or accommodations.
3) FOR YOUR INFORMATION
A) Andy Biggs Safaris & Custom Travel acts as booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation and/or other services abroad. Each of these companies is an independent corporation with its own management and is not subject to the control of Andy Biggs Safaris & Custom Travel, including, but not limited to, various overseas ground operators.
B) All bookings like those described above are accepted by Andy Biggs Safaris & Custom Travel as agent for independent overseas ground operators. The transportation, accommodations and other services provided by ground operators are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them or their suppliers. Because Andy Biggs Safaris & Custom Travel does not have the right to control the operations of the independent operators and their suppliers, Andy Biggs Safaris & Custom Travel cannot be held liable for any personal injury or property damage which may arise out of these services. Andy Biggs Safaris & Custom Travel reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any safari any person at any time, and to pass on to safari members any expenditure incurred by delays or events beyond its control. In case of any appreciable variation in cost, Andy Biggs Safaris & Custom Travel reserves the right to adjust its rates.
4) RISKS
A) Andy Biggs Safaris & Custom Travel draws your attention to the fact that there are certain inherent risks involved in participating in the type of trips sold by Andy Biggs Safaris & Custom Travel. You will be required to sign a Release to acknowledge this warning and also to release and hold harmless Andy Biggs Safaris & Custom Travel from any damages that may result.
B) It is your sole responsibility to take all appropriate medical advice prior to departure as to whether or not you are fit enough to undertake the trip booked. Andy Biggs Safaris & Custom Travel shall not be liable for any illness, injury or death sustained on a safari sold by Andy Biggs Safaris & Custom Travel which is not due to the negligence of
Andy Biggs Safaris & Custom Travel, its officers, employees, authorized representatives or agents whomsoever.
5) FORCE MAJEURE
A) “Force Majeure” shall mean that Andy Biggs Safaris & Custom Travel will not be liable for any alleged damages because of any circumstances including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences.
B) If Andy Biggs Safaris & Custom Travel is affected by Force Majeure it shall forthwith notify you of the nature and extent thereof.
C) Andy Biggs Safaris & Custom Travel shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
D) If Andy Biggs Safaris & Custom Travel is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Andy Biggs Safaris & Custom Travel to you as a result of the non-performance of any of the obligations of Andy Biggs Safaris & Custom Travel hereunder shall remain in its sole and absolute discretion, although Andy Biggs Safaris & Custom Travel shall use its reasonable endeavors to reimburse you where possible. However, Andy Biggs Photo Safaris shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Andy Biggs Safaris & Custom Travel of the Force Majeure.
E) Regarding civil unrest, once Andy Biggs Safaris & Custom Travel has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of Andy Biggs Safaris & Custom Travel whether to proceed with the trip. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, Andy Biggs Safaris & Custom Travel is of the opinion that the trip may proceed, no refund will be payable to you and the provisions of Paragraph 2 shall apply.
6) INSURANCE
Andy Biggs Safaris & Custom Travel requires that you obtain comprehensive travel insurance including medical coverage and emergency evacuation coverage. We have an insurance partner that assists with these policies if you would like help securing a policy.
7) SURCHARGES AND EXCHANGE RATES
A) Although Andy Biggs Safaris & Custom Travel hopes that it would not need to levy surcharges it reserves the right
to do so on the invoice amount, if this becomes necessary. Andy Biggs Safaris & Custom Travel will endeavor to notify you in writing as soon as it is ware of any likely surcharge, and you must pay the amount of such surcharge no later than ten (10) days after written notification has been received (depending on the circumstances). If the surcharge is not paid within such time, Andy Biggs Safaris & Custom Travel may construe such non-payment as an act of cancellation on your part and the provisions of Paragraph 2 shall apply.
B) Rates used in the safaris are based on tariffs and exchange rates valid at the time of printing and advertising safaris. Should a rate vary against the U. S. Dollar by more than 3%, Andy Biggs Safaris & Custom Travel reserves the right to recalculate the safari cost and apply the differential as a surcharge. Any refund made by Andy Biggs Safaris & Custom Travel shall be in its absolute and sole discretion.
8) TERMS AND CONDITIONS
These terms and conditions govern the relationship between Andy Biggs Safaris & Custom Travel and you, to the total exclusion of any other terms and conditions. No alterations to the terms and conditions may be made by any unauthorized employee of Andy Biggs Safaris & Custom Travel, authorized representatives or agents, unless in writing by an authorized employee of Andy Biggs Safaris & Custom Travel. All decisions and matters subject to the discretion of Andy Biggs Safaris & Custom Travel shall be made by an authorized officer or employee of Andy Biggs Safaris & Custom Travel.
9) CARRIAGE BY LAND, SEA AND AIR
A) Carriage by Land, Sea and Air is subject to the terms and conditions of the carrier with whom you travel and to international conventions - some which may limit liability. Land, Sea and Air travel are also subject to operational decisions of carriers and sea ports which may result in cancellations, delays or diversions, over which Andy Biggs Safaris & Custom Travel has no control and for which Andy Biggs Safaris & Custom Travel accepts no liability whatsoever.
B) The passenger contract in use by the airline carriers concerned, when issued, shall constitute the sole contract between the transportation companies and the purchaser of these programs and/or the passengers.
10) BAGGAGE
Temporary or permanent loss of baggage is the responsibility of you or the carrier. It is recommended that you obtain travel insurance for protection.
Please note that when traveling by light aircraft during your safari, space is limited, and luggage is limited to a weight restriction (typically 33 lbs in most areas and 44 lbs in southern Africa) per passenger, and ONLY soft luggage or duffel bags are allowed. No hard suitcases are allowed, and no exceptions will be made.
11) TRAVEL DOCUMENTS AND VACCINATIONS
It is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license, or other documentation required for the trip are obtained and are in order. It is your responsibility to meet any additional costs incurred by yourself or by Andy Biggs Safaris & Custom Travel on your behalf as a result of any failure by you to comply with such requirements. Anti-malaria precautions should be commenced according your doctor’s instructions. Please consult your physician for more details. Safari clients should bring their own insect repellant.
12) SPECIAL REQUESTS
You must advise Andy Biggs Safaris & Custom Travel in writing of any special requests, i.e. diet, facility or physical handicap, when you submit your reservation request to Andy Biggs Safaris & Custom Travel, which will be met if possible.
13) INFORMATION IN BROCHURES / ELECTRONIC ADVERTISEMENTS
All information given in any brochure or otherwise advertised, (including electronic advertisements on the Internet) is, to the best of Andy Biggs Safaris & Custom Travel’s knowledge, correct, but Andy Biggs Safaris & Custom Travel reserves the right to change same. The photographs reproduced and information provided depict typical scenes experienced and details on each destination; but the subject matter may not necessarily be seen or experienced while visiting that destination.
14) PHOTOGRAPHY
Andy Biggs Safaris & Custom Travel reserves the right without further notice to make use of any photography or film taken on this safari by any staff member, safari guide or operator for general purposes without payment or permission.
15) DISPUTES
If you have any cause for complaint while on safari, you must immediately bring it to the attention of the local representative of Andy Biggs Safaris & Custom Travel or agent, who will attempt to resolve the situation.
16) CONSENT
The payment of the advance payment OR any partial payment for a reservation on a safari constitutes consent
to all provisions of the conditions and general information contained in any brochure (electronic or otherwise), invoice and travel documents. The terms under which you agree to take these safaris cannot be changed or amended, except in writing, signed by an authorized officer or employee of Andy Biggs Safaris & Custom Travel.
17) CONDITION OF BOOKING
You shall comply with instructions of any representative of Andy Biggs Safaris & Custom Travel, safari guide or local ground operator at all times. No client shall be accepted or be permitted to continue on a safari while their status or mental or physical condition is, in the opinion of any representative of Andy Biggs Safaris & Custom Travel, safari guide or local ground operator, such as to render them incapable of caring for themselves or make themselves objectionable to other safari clients or become a hazard to themselves or other safari clients and Andy Biggs Safaris & Custom Travel will not be responsible for expenses by such persons precluded from completing the safari for this reason.
Please remember, when you book travel related services with Andy Biggs Safaris & Custom Travel, you are entering into a binding agreement that assumes all terms and conditions are fully understood as stated in this document.