Terms & Conditions

Price is now USD 2725 and the price includes:  Private transfers from/to airport, accommodations from arrival in Dar, internal flights, meals at Coffee Lodge and Safari Camp, drives, guides and park fees.  The price does not include meals in Dar on date of arrival, drinks, mini-bar consumption, souvenirs, tips or taxi from charter terminal to international terminal on date of departure from Dar.

Note
•    All accommodations, food, drives, guides and park fees included
•    Round trip flight to / from Dar es Salaam, drinks, mini-bar consumption, souvenirs, tips, visa not included
•    Taxi transfer Terminal 1 to International Terminal 2 not included (about USD 5 per person)
•    Pricing of these trips has been calculated to cover the costs strictly for the tour operator. There is no financial benefit to any of the partners or to Songwa Estates.

1. Subject matter of the contract

The Utengule Coffee Lodge Ltd., P.O. Box 139, Mbeya I Tanzania (hereinafter called "tour organiser") organises tours for customers. The subject matter of the contract is the service provided according to the itinerary.

 

2. Conclusion of contract

2.1. Through registration, the customer provides the tour organiser with the binding conclusion of a travel agreement. The customer can register in writing, via phone, verbally or in electronic form. The customer accepts the contract and travel conditions in question as mandatory.

2.2. The contract is concluded through the tour organiser's forwarding of a confirmation of reservation.

2.3. Sub agreements and modifications with regard to the concluded travel contract require the tour organiser's written confirmation.

3. Payment

3.1. A first instalment of 20% of the tour price is due on receipt of the confirmation of reservation by the tour organiser. The first instalment will be credited towards the tour price. The balance of the tour price must be received by the tour organiser no later than 30 days prior to departure without repeated demand for payment. The customer will receive a complete set of travel documents soon before the tour.

3.2. If the tour price has not been paid according to the above mentioned dates, the organiser can terminate the contract and insist on corresponding rescission fees. The total tour price is due immediately in case of short term registrations within 30 days prior to the date of departure.

 

4. Changes in price

Changes in price are especially subject to the following cases:

•    Increase in transportation costs (e.g. fuel surcharges).

•    Newly imposed or increased public taxes or fees (e.g. airport taxes).

•    Modification in exchange rates

•    Enacted increases in price (e.g. VAT).

•    30 Days prior to departure the customer will be advised of any possible increase in price. Should the increase exceed 10% of the original stated and confirmed price, the customer is entitled to withdrawing from the contract within 5 days.

 

5. Rescission by the customer/substitute/rebooking

5.1. If the customer is unable to participate on the trip, heIshe should inform the tour organizer immediately and must receive confirmation. In case of cancellation, the tour organiser is entitled to charging the following cancellation fees:

•    up to 30 days prior to date of departure 20%

•    from the 29th to the 22nd day prior to date of departure 25% from the 21st to the 15th day prior to date of departure 30% from the 14th to the 7th day prior to date of departure 50% from the 6th to the 3rd day prior to date of departure 65% from 2nd day prior to date of departure 80% on the day of departure and in default of appearance 100%

Calculation of the cancellation fees will be determined according to the date when cancellation has been received by the tour organiser. The tour organiser reserves the right to demand a higher, ascertained compensation in case of deviation from the above mentioned total amounts.

5.2. Each registered customer may search for a third party in substitution, who will take over hisIher rights and obligations according to the travel agreement. The tour organiser can refuse participation by the third party in case heIshe does not meet the requirements of the trip andIor legal requirements or administrative regulations are opposed to said participation. Should a third party take over the contract, then both the substituting party and original customer are jointly liable for the travel cost and surcharges incurred owing to substitution by a third party.

5.3. Should the customer request any modifications with regard to travel date, destination, place of departure, accommodation or transport (rebooking) after having booked the tour, such requests will be carried out, as far as is possible, but only after cancellation of the original travel agreement and a simultaneous new registration. This does not apply to requests for modifications that would involve low costs only.

5.4. Cancellation, rebooking and modification declarations have to be addressed in writing to the tour organiser.

 

6. Cancellation by the tour organiser

6.1. The tour organiser has the authority to cancel the trip up to three weeks prior to departure and to withdraw from the contract if the fixed minimum number of participants, i.e. seven persons, as outlined on the program and itinerary of the corresponding trip, is not reached. The organiser has the authority to cancel the trip also due to circumstances beyond control.

6.2. The tour organiser is obligated to inform the customer about cancellation of the trip and to refund the paid travel price. Compensation due to non fulfilment of the contract is not owed in the above mentioned cases.

 

7. Non-fulfilment and improper fulfilment of the contract

7.1. In case the travel services are not provided according to the contract, or services are considerably inadequate, the customer is entitled and committed to immediately informing the tour organiser about lacking andIor inadequate services and to demand remedy (e.g. through equivalent substitution). The tour organiser can refuse providing a remedy if said remedy requires a disproportionately high expenditure.

7.2. Only in those cases where no remedy is adopted by the tour organiser, although lacking and or inadequate services are readily advised by the customer, the customer can demand a corresponding reduction in the travel price (rebate). A claim for rebate is valid only if said complaint concerning lacking or inadequate services has been confirmed in writing by the tour organiser. Local agencies, service providers, etc. of the tour organiser are not entitled to recognizing any claims for compensation.

 

8. Liability

8.1. The tour organiser is liable towards the customer for the proper fulfilment of the contract. No liability will be assumed if the non fulfilment or improper fulfilment is caused by:

•    Failures by the customer

•    Unforeseeable or unpreventable failures by any third party who is not involved in the rendering of the contractually agreed services;

•    Circumstances beyond control or unexpected events which can not be foreseen or prevented by the tour organiser in spite of care and attention.

8.2. Any liability of the tour organiser for damages is limited to the doubling of the travel price. This limitation does not apply to personal damages or to damages caused by gross negligence or intentionally by the tour organiser. This maximum sum of liability always applies for each customer and trip.

8.3. The tour organiser is not liable for service failures, personal injuries or material damages in connection with services brokered by external services (e.g. excursions, sporting events, visits to a theatre, exhibitions) if said services are not included in the travel price and have been expressly and clearly marked in the itinerary and booking confirmation stating that the brokered contractual partner is part of external services, thereby readily identified as not being part of the travel services rendered by the tour organiser.

 

9. Exclusion of claims / limitation

9.1. The customer must make hisIher claim with the tour organiser, owing to non contractual performance of the trip, within one month after the contractually provided termination of the trip. After expiration of this period, the customer is permitted to make a claim only in those cases where heIshe has been kept from meeting the deadline without fault.

9.2. Claims by the customer owing to non contractual performance of the trip are subject to a period of limitation of one year. The limitation will commence on the day of termination of the trip according to the contract. During negotiations between the customer and tour organiser with regard to the claim, or the circumstances leading to the claim, the limitation will remain dormant until the customer or tour organiser refuse continuation of negotiations. The limitation will commence, at the earliest, three months after cessation of the interruption.

 

10. Passport, visa, customs, exchange control and health regulations

10.1. The tour organiser will inform the customer about general provisions concerning passport, visa and health regulations. This information applies to Swiss nationals and nationals from the European Community. In this context, one presumes there are no special characteristics regarding the customer or possible fellow travellers (e.g. dual citizenship, statelessness). As far as members of other nations are concerned, the nearest corresponding consulate should be contacted to obtain the related information.

10.2. The customer is solely responsible for the procurement and carrying of necessary travel documents (including possible visa, etc.), obligatory andIor recommended vaccinations as well as adherence to customs and exchange control regulations. Any disadvantages deriving from non adherence to these regulations is at the customer's account.

10.3. The tour organiser is not liable for the issue and receipt of a visa in due time by the corresponding diplomatic agency, even if the customer authorized the tour organiser to procure said visa, unless the tour organiser has culpably neglected his responsibility.

 

11. Duty to furnish information on the identity of the executive aviation company

("black list")

In case travel includes an international flight, the tour organiser will inform the customer, upon booking, about the identity of the executive aviation company as well as all flight transport to be provided within the scope of the booked trip. Should the executive aviation company not be determined at booking, the tour organiser will subsequently inform the customer of the aviation company that will probably carry out the flight. The tour organiser will inform the customer which aviation company will carry out the flight as soon as known. Should the executive aviation company mentioned at first be modified, the tour organiser will immediately inform the customer about said modification. The so called "black list" is among other things available via the following internet page: http:IIec.europa.euItransportIair banIpdfIlist_en.pdf

 

12. Insurance

Insurance covering cancellation costs is mandatory. Travel accident insurance to cover surcharges for return transport, illness, accident, death, events of war, terrorism, riots, natural disasters, etc. as well as insurance covering hospital and medical care is the customer's responsibility and is recommended. The tour organiser denies any liability in such cases.

All travel insurance are the customer's responsibility. The purchase of insurance covering cancellation costs as well as assistance (especially luggage, accident and repatriation insurance) is mandatory.
 

13.  Place of jurisdiction

The place of jurisdictionfor all disputes concerning the travel agreement will be Zug (Switzerland)

 

14. Choice of law

As far as the contractual relationship is concerned, solely Swiss law will be applied.

15. Data protection

All data relating to individuals, which is made available to the trip organiser by the customer for arrangement of the trip, is used in accordance with the Data Protection Act.

 

OCTOBER 2008