Term and conditions
Guide Private Customer Terms and Conditions
Revised November 3, 2022
This Agreement sets forth the terms and conditions between GuidePrivate Inc. (Guide Private) and users who use our services to purchase tours and travel services ("You") from individuals who provide tours and travel related services ("Tour Guides"). This Agreement explains how You purchase tours and travel services and specifically limits the liability of Guide Private.
You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
Your contract is with GUIDE PRIVATE ADVENTURE (T) LTD (hereinafter called “GUIDE PRIVATE”, “we” or “us”). We draw your attention to the following terms and conditions, which cover all brochures and correspondence and all bookings made with us. Any contract with GUIDE PRIVATE is subject to these terms and conditions from which no person has the authority to depart. Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking you are liable to be regarded as having had the opportunity to do so and to have actually done so before the contract between us comes into existence.
2. Booking Procedure
GUIDE PRIVATE will create a tailor made holiday to suit your personal needs. A binding contract comes into existence between us when :
a. We receive a deposit of 30% of the quote price, or
b. when we receive full payment of the holiday when the booking is made less than 30 days before your departure date.
No contract will exist between the parties until such monies have been received. We require full payment to be made for your holiday 30 days prior to the departure date. If full payment is not received 30 days prior to the departure date, we reserve the right to cancel your holiday and apply the cancellation charges set out in paragraph 6. Cancellation will be without penalty to us and we will have no further liability to you. If however, you have already provided us with your credit or debit card details whether this was to make a payment on account or not, and you do not specifically notify us in writing to the contrary prior to the date upon which any balance becomes payable by you, you agree that we may use such credit or debit card details to obtain payment of any balance due by you under this agreement.
The lead booking name is liable for making full payment for all persons in the booking party and all those in the booking party agree to be bound by conditions (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name responsible for making the booking to ensure all in their party are aware of and have read these terms and conditions. If you accept our quote in respect of your holiday you must make a payment of 30% of the total price of the quote when you confirm your trip with us in writing. A delay in acceptance of the quote may result in a variation of the holiday price. Where the proposed departure date is within 30 days of the quote being given we require full payment at the time of your written acceptance of the quote.
All bank charges are to be settled by the client or agent respectively. This includes transaction fees charged by our bank. The amount shown on the invoice, is the amount that needs to reflect in our account and should bank charges have been deducted, we would have to invoice you subsequently.
3. Medical Conditions And Disabilities
If you or any member of your party have any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
Please carefully read your confirmation invoice, tickets and all other documentation we send you as soon as you receive them. Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within days of our sending it out. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.
5. Payment Terms
Tour packages are confirmed upon receipt of 30% deposit of the total cost of the package. Balance payable in full 30 days prior to arrival. Full payment is required if tour is booked less than 30 days.
6. Cancellations, Amendments And No Shows:
Cancellation of a holiday must be made in writing and is effective from the date we receive the written notification. In all cases of cancellation the deposit, and any amendment charges will be forfeited. Cancellation charges are expressed at a percentage of quoted price as follows –
Period before departure when we receive your written cancellation. Cancellation charge per person cancelling
120 to 61
60 to 46
45 to 8
7 to 0
If the reason for cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges. Notwithstanding the above, if we have issued your domestic airline tickets and you choose at any time to cancel them then we will not refund you any monies for these tickets.
7. Pricing Itineraries
The price of your itinerary will be based on known costs at the date of issue of the itinerary. At any time before a full payment of your holiday has been made GUIDE PRIVATE reserves the right to levy a surcharge where costs have changed since the date of issue of the itinerary. GUIDE PRIVATE will absorb amounts up to 2% of the total holiday price and surcharge any amount greater than 2%. Should the surcharge exceed 10% of the total holiday price before 30 days of arrival date you are entitled to cancel the holiday and receive a full refund of all monies paid. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
Matters influencing a surcharge would include, but are not limited to, increases in transportation costs e.g. fuel, scheduled air fares and any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation or disembarkation fees at ports or airports, or increases in park fees, reserve fees or concession fees.
8. Amendments By You
If you wish to change your itinerary after a deposit has been made we will do our utmost to make the changes required, provided that notification is received in writing. Every change is subject to a fee depending on your amendments.
9. Cancellation By GUIDE PRIVATE
We reserve the right in any circumstances to cancel your holiday for any reason at any time before full payment has been received. We cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking conditions force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid.
Such events are likely to include war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancelation or amendment to any scheduled flight, closure, congestion of airports or ports, adverse weather conditions and all similar events outside our control. In the circumstances amounting to force majeure we will not refund any money to you although if we can recover any monies from our suppliers we will refund these to you.
10. Amendments By GUIDE PRIVATE
It is unlikely that we will have to make any changes to your holiday although we reserve the right to make changes at any time. Most of these changes are minor and we will advise you of these in writing at the earliest possible date. When a major change is necessary such as the alteration of your outward or return flights by more than 12 hours or a significant change in the standard of accommodation, provided it does not arise from conditions amounting to force majeure or as a result of an amendment to a scheduled airline timetable, you will have the choice of accepting the new arrangements, taking another holiday with us or cancelling your holiday and receiving a full refund of all monies paid.
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel, or if the change is a minor one.
A minor change is a change which, taking into account the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we would not reasonably expect to have a significant affect on your confirmed holiday. No compensation is payable for children aged 3 and under. Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which :
a. On the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or
b. Did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers. Additionally we cannot accept liability for any sums which relate to any business losses.
Carriage by air, and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. GUIDE PRIVATE accepts no liability whatsoever for cancellations, strikes, time table changes, diversions, technical issues unrelated to GUIDE PRIVATE, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. GUIDE PRIVATE accepts no liability for death, injury or illness that derives from carriage by air or sea.
12. Your Responsibility
You must ensure that your travel documents, passports, visas and vaccination certificates are in order and that you ensure that you have taken the advice of your GP with regard to inoculations. We refer in particular to our pre-departure information sheet. GUIDE PRIVATE will offer general advice but cannot be held responsible if you do not comply with current requirements before your departure. GUIDE PRIVATE does not accept liability for any advice given of a general nature prior to the holiday commencing. You are responsible for a timely check in for all flights and for presenting yourself to take up all pre-booked components of your holiday. No credit or refund will be given to you should you fail to take up any component of your holiday or if you lose any travel documents. GUIDE PRIVATE draws your attention to the fact that there are certain inherent risks involved in all of the holidays to Africa that we supply and these must be accepted by you at your own risk. If you wish to discuss any such risks with us we would be more than happy to provide advice over the telephone or in writing.
GUIDE PRIVATE requires clients to purchase travel insurance. The clients ensures to take out adequate insurance, including, death, medical and evacuation insurance, to cover any loss or damages.
14. The Law
The above booking terms and conditions together with all correspondence form part of your contract with GUIDE PRIVATE. This contract and any matters arising from it shall be governed by and interpreted in accordance with Tanzania law and the courts of Tanzania shall have exclusive jurisdiction to hear any and all proceedings between us either relating to our contract or arising out of it.
15. Waiver Of Claim Against Introducer
If you have been referred to us by another part (for example a travel agent) you agree to hold them blameless and waive any and all claims against such party. Any issues you may have must be directed to us and dealt with under the terms of our contract.
If you have a problem during your holiday, please inform the relevant organiser (camp/hotel manager/Safari guide) immediately and he will endeavour to put things right. If your problem cannot be resolved you need to contact the GUIDE PRIVATE office so that we have the opportunity to investigate and rectify the problem.
At any time, all baggage and personal effects are at the client’s responsibility and the Company does not accept any liability for any loss or damage of any personal effects, howsoever arising. * Clients are entitled to one bag of not more than 15 kg (backpack or soft bag – no hardtop suitcase) and a daypack. The Company reserves the right to refuse excess baggage. Please notice that on our trekking tours and on some “bush” flights other baggage regulations may apply.
The company and its owner, director, management staff and employees shall not be held responsible for any injury or death to persons on tour, nor for loss or damage to personal property, however they may be caused. The company draws your attention to the fact that there are certain inherent risks present when on Safari, or when engaging in any strenuous physical activity. It is your sole responsibility to obtain appropriate medical advice as to medication, immunization, and whether or not you are fit enough to undertake the trip, prior to departure. The company shall not be liable for illness, injury or death sustained whilst visiting the properties owned and managed by the company.
19. Authority On Tour
The decisions of the Company´s guide / driver on tour shall at all times be final and binding. * The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited.
The Company reserves the right to use any photographs and videos taken during tours for marketing or any other advertising material. The client hereby gives consent to use such photographs and authorises the Company to retain copyright for these photographs and such material.
21. Price Changes
All our prices are based on the current national park fees and taxes. There have been ongoing talks that East African countries will be undergoing changes to tax regulations in 2014. Should the authorities decide on increasing fees and taxes, even though they might currently not be scheduled, we would subsequently have to pass on these increases to you.
We cannot be held responsible for road and airstrip conditions, which may make travel impossible at times. Any changes to the initial itinerary are subject to the conditions and rates outlined above, despite any access matters or weather conditions.
23. Force Majeure
“Force Majeure ” means, in relation to the company, any circumstances beyond the control of the company (including and without limitation, acts of God, explosions, floods, tempests, fires, accidents, war or threat of war, sabotage, insurrection, civil disturbance or requisition, sickness, quarantine, government intervention, weather conditions or other outwards occurrences)
If the company is affected by force majeure it shall forthwith notify you of the nature and extent thereof. The company shall not be deemed to be in breach of these items 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.
If the company is affected by force majeure it shall be entitled to, and may at its sole and absolute discretion, vary or cancel any reservations or cancel any reservation or arrangement in relation to the visits. Payment of any refund by the company to you as result of the non-performance of any company shall use its reasonable endeavors to reimburse you where possible. However, the company shall be entitled to deduct from any refund recoverable to the reasonable actual and potential costs to the company of the force majeure.
If you have any cause of complaints while traveling, you must immediately bring it to the attention of the company’s management on email email@example.com or phone : +255 756 331 538