1. STANDARD TERMS AND CONDITIONS OF CONTRACT OF OFF-ROAD ETHIOPIA TOUR PLC.
- “booking reservation” means safari or tour or trip or excursion booking
- “Off-Road” means off-Road Ethiopia Tour Plc, registered in Ethiopia by Government under Tour Operator Company and recognized by Ministry of Culture & Tourism, Ethiopian Tour Operators Association of (ETOA)
- “the client” means the person / s named on the tour booking form (confirmed tour, safari, excursion or trekking booking form) and who contracts with Off-Road on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a Tour booking. Such agent, as well as the persons named on the confirmed tour booking form, shall be jointly and severally liable to Off-Road for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
- “member / s” means any Off-Road Senior Office Management Staff or staff who are directly related to Tour operation and reservation task
- “services” means the provision of hotel/lodge bookings, transfers, car hire, offers on tours and excursions for the client in Ethiopia and on some cases outside Ethiopia (given the client or the agent requested so) . Such services include, but shall not be limited to the procurement by Off-Road, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park or attraction site Reservations, car hire and transfer reservations, air charter reservations, boat trip booking, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
All and any business or contracts undertaken or advice, information or services rendered
by Off-Road, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
3. OFF-ROAD ACTING AS AGENT ONLY
In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Off-Road acts as agent only for and on behalf of the client in procuring the services. As such, Off-Road shall procure the services for and on behalf of the client as agent for it with relevant third party service providers concerned. Off-Road shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
4.1 All quotations given by Off-Road in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Off-Road, shall be in the currency of United States Dollar, European Union Euro or British Pound Sterling. Such quotations shall be inclusive of Ethiopia’s value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Off-Road reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and entry fees and other third party suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such
increase, it shall be referred forthwith to the accounting officer of Off-Road for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final, conclusive and binding on Off-Road and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to Off-Road shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Off-Road by way of cash, direct transfer, forex transfer or by credit card in some instances. A 2% surcharges apply for Credit Card Payments. The client shall provide Off-Road forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference for the tour booking shall at all times be reflected on the proof of payment.
4.4 All guarantee payments due by a client to Off-Road shall be made no later than 3 working days after confirmation of a safari booking by a client.
4.5 Although Off-Road strives to ensure that all rates displayed on sites are correct and accurate, Off-Road reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Off-Road, on demand.
A deposit of 25% from the total package price is required at the time of booking. The balance is due 30 days before commencement of the tour program. If the reservation is made within 30 days of departure the whole amount must be paid at the time of confirmation.
All cancellations must be received in writing. As all suppliers charge cancellation fees, they are in turn passed on to us. Reservations that are cancelled, reduced in length of stay or reduced in number of occupancy are subject to cancellation and no-show fees. Following is the scale for cancellation charges:
- 25% if cancelled between 25 and 16 prior to arrival
- 50% if cancelled between 15 and 11 days prior to arrival.
- 100% if cancelled 10 days and 24hours prior to arrival
Include all expenses in respect of vehicle (either 4x4, Mini Bus or Coach) and driver as per program/itinerary, Professional & Local Guide, meals (as per the preference of respective clients), Accommodation (single, double, triple or other per the request of each client), All entrance fee, Boat trips, scout services where necessary, camel or mule rent, camping gears, cook services and Government taxes.
Excludes: any international air ticket and visa fees, domestic flight, alcohol drinks, and meals (if not agreed in the including part), tipping, video or camera fees at certain sites, telephone, laundry and other person expenses.
Nissan Patrol, Land Rover, Land Cruiser, Four Wheel Minibus, Saloon car, Coaches and Boat will be provided according to the route and number of clients. For different legal reasons of the country, luck of proper signs and also due to high traffic accident rates in the country, we do not provide rented vehicles for self drive.
Most of our package prices are given assuming room accommodation consisting of two people sharing as twin or double, in most cases rooms with private bath are provided. Single tent/room is available at an additional cost (single room supplement). Lodges/Hotels/Campsites for the proposed tour are named as indicated in the itinerary but confirmation about availability will be written after booking is sent to the respected properties. In case of absence of room, we shall notify optional accommodation facilities.
The Tours Company and its agents act only as agents of the passenger in all matters relating to Lodge/Hotel/Camp accommodation, safari, climbing, Walking, Transport, etc; and shall not be liable for injury, Visa, delays, Loss, or damage in any manner. The Tours Company's liability to passengers carried in its own vehicle is governed by the laws of the country in which the tour takes place. All claims are subject to the jurisdiction of the Courts of the Country in which the action arises. The Tour Company reserves the right to employ subcontractors for all or part of the services.
We are not liable for any loss, damage, injury, expense, delay, or any inconvenience caused to you or your luggage as a result, whether direct or indirectly, or any matters of whatever nature which is out of our Company control.
All clients are advised to take an insurance policy to cover personal accident and medical expenses. We strongly advise secure travel insurance at the starts of any tour, trekking or hiking. Off-Road Ethiopia tour Plc. is not liable to any of these or other acts of nature.
11. RIGHT OF RETENTION
Until such time as Off-Road has received payment in full for the services as set out in the confirmed safari booking, all documentation, including without limited the generality thereof, airline tickets, vouchers for accommodation, excursions, meals and entry fees (all of which hereinafter referred to as “the documents” ) will not be issued or handed over to the client. The provisions of this clause shall entitle Off-Road so as to give it a right of retention or lien in respect of the documents.
12. ALTERATIONS TO ITINERARIES
12.1 Off-Road has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due to force majeure , the definition of which including war, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, governmental interference or any other external circumstances beyond Off-Road’s control.
12.2 Any extra costs and expenses occasioned as a result of an alteration to or
cancellation of itineraries as provided above shall be payable by the client on demand by Off-Road.
12.3 Off-Road may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behavior of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause shall be payable by the client on demand.
13. VACCINATIONS & HEALTH
13.1 It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which is booked attend at medical practitioner or a travel clinic to obtain the necessary vaccinations, medication and advice. Off-Road does not accept any responsibility whatsoever for any client being refused entry to the country due to incorrect or incomplete health documentation or vaccinations.
13.2 Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit for tour or trip. Off-Road and its representatives will treat all information in the strictest confidence.
14. PASSPORTS, VISAS AND MEDICAL REQUIREMENTS
The client shall ensure that prior to embarking on the travels his passport and visas, and those of his dependants and travelling companions are valid for the countries to be visited. Such responsibility shall also extend to vaccinations and other medical certificates, and all other travel documents, including traveler’s cheques where applicable.
Off-Road does not accept any responsibility for changes in medical requirements or regulations for visas or any particular visa requirements. Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, Off-Road shall not be liable for any costs of whatsoever nature occasioned thereby.
15. AIR TRAVEL
15.1 Air transportation costs and categories will be client’s responsibility as Off-Road does not handle her clients from the ground unless otherwise stated. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Off-Road is not responsible for the client’s air travel,….
15.2 Off-Road cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Off-Road on demand.
15.3 Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Off-Road cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
16.1 Any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Federal supreme Court of Ethiopia or any lower level courts where the case could be adjourned, which shall have exclusive jurisdiction to hear and determine such legal proceedings. Generally should any legal dispute arise it must be settled in Addis Ababa – Ethiopia, where Off-Road office base is located and this website is created, maintained and controlled in the Federal Democratic Republic of Ethiopia and as such, the laws of the Federal Democratic Republic of Ethiopia and the jurisdiction of the Ethiopian Courts govern this user agreement and the use or inability to use this site.
16.2 To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 16.1 above.
17. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT
No variation or alteration of these standard terms and conditions of contract shall be binding on Off-Road unless embodied in a written document signed by a member of Off-Road. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.
No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppels against Off-Road in respect of its rights herein, nor shall it operate so as to preclude Off-Road thereafter from exercising its rights strictly in accordance with these standard terms and conditions.