TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

Alright it’s time for the boring part. We know, we know, nobody likes boring stuff, but here’s a few terms and conditions that apply to all our tours, just to make sure everybody gets through them happy and satisfied!

These Terms and Conditions apply to any tours booked by you, the client, with us, Mawenzi Adventures Ltd., based in Moshi, Tanzania. We know you probably won’t even look at them, but we’ll still assume that you’ve read and fully understood them, and that you will follow them blindly. We’re cruel, we know.

If you book a tour for more than one person, we’ll even assume that you accept these Terms and Conditions on behalf of all the other people in the group, and that they’ll all follow your good example of following them. You’ll be the contact person for all the other clients named in your group booking, and will be expected to share all necessary information with them. Basically, you’re the boss! 

 

  1. DEPOSITS & FINAL PAYMENT

We can’t wait to prepare your trip, but we need some cash to get started. Therefor, when you book a tour with us, Mawenzi Adventures Ltd., you’ll have to pay a deposit to secure your reservation. Our standard deposit is 30% of the total value of the booking for camping safaris, day trips and Kilimanjaro climbs and 45% for reservations including hotels and lodges, for which we’ll send you an invoice and payment instructions. Your booking is confirmed once we receive your deposit, and we will send you a confirmation.

The final balance should be paid no later than 14 days before the start of the tour. Please consider the necessary delay in case of a bank transfer. A booking will be considered as cancelled by the client if we have not received the final balance at least 14 days before the start of the tour. This will be considered as a cancellation received 14 days before the start of your tour, and the applicable cancellation fee will be charged, as described in article 3 of these terms and conditions.

If you make a reservation less than 14 days before your tour starts, it should be paid in full upon booking.

Exceptions to these standard amounts and delays might occur for certain tours, and will be mentioned in the offer we send you. In any case and without exceptions, your tour has to be fully paid for before the start of it. If the full payment has not been received by Mawenzi Adventures Ltd. at the departure time of the tour, we reserve the right to refuse access to the tour, and any deposit already received by Mawenzi Adventures Ltd. will not be refunded.

Payments can be made by bank transfer or in cash if you’re in Moshi at the time of your booking. No other payment methods are currently available. Please be aware that we are a tour business registered in Tanzania, and that if you wish to transfer money from eg. a European bank account, you bank transfer will be considered an international transfer. You, the client, will be responsible for all charges related to any payment, like credit card transaction charges, bank charges and things like that.

Payments can be made in USD (US dollars) or TZS (Tanzanian Shillings). All prices on our websites and offers are mentioned in USD, and the exchange rate at the time of payment will be used for the conversion, using this link. When paying your tour or part of it in cash, please be aware that only USD minted after 2006 (so starting 2007) will be accepted. Please be aware that ATM’s en Tanzania are regularly empty or out of service, and money withdrawals are limited. You won’t be able to withdraw more than around 170 USD per transaction per card, and you won’t be able to do more than 3 transaction per day per card (no matter what your card limit is). Most exchange bureaus in Tanzania have been closed, and you will only be able to change money in banks, within their opening hours.

The availability and booking status of hotels and lodges or any other service or activity for which we as a tour operator need to pay a deposit to a third party supplier can only be fully confirmed after we receive your deposit and check availability at that time.

 

  1. BOOKING AGREEMENT

A booking is confirmed when we, Mawenzi Adventures Ltd., have received the applicable deposit from you, the client. We’ll send you a confirmation as soon as possible after receiving your money.

You must be at least 18 years old and agree to provide full, complete and accurate information as requested to confirm the booking. If you’re booking a tour for more than 1 person, you confirm that:

  • the other participants have given you permission to make a booking on their behalf, and you’ve given them all the necessary information in order for them to give free and fully informed authorization to do so.
  • the information that you’ve provided regarding all clients is complete and accurate, and you’ve obtained all necessary consents and permissions to share such information with Mawenzi Adventures Ltd. for the purposes of completing the booking.

 

  1. CANCELLATION POLICY

You may cancel your booking by notifying us through an email to hello@mawenziadventures.com. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel arrives in our mailbox, and are expressed hereinafter as a percentage of the total price paid for the cancelled tour.

For camping safaris, day trips and Kilimanjaro climbs:

  • Cancellation received 31 days or more before the tour starts: no cancellation fees will be charged
  • Cancellation received 14 – 30 days before the tour starts, or failure to pay the final balance at least 14 days before the start of the tour, as required in article 1 of these terms and conditions: 30% cancellation fee will be charged
  • Cancellation received 3 – 13 days before the tour starts: 75% cancellation fee will be charged
  • Cancellation received within 48 hrs before the tours starts or no-show: 100% cancellation fee will be charged

For reservations including hotels and lodges:

  • Cancellation received 61 days or more before the tour starts: no cancellation fees will be charged
  • Cancellation received 31 – 60 days before the tour starts: 20% cancellation fees will be charged
  • Cancellation received 14 – 30 days before the tour starts, or failure to pay the final balance at least 14 days before the start of the tour, as required in article 1 of these terms and conditions: 40% cancellation fee will be charged
  • Cancellation received 3 – 13 days before the tour starts: 80% cancellation fee will be charged
  • Cancellation received within 48 hrs before the tours starts or no-show: 100% cancellation fee will be charged

Some tours may be subject to alternative cancellation terms, of which we’ll inform you when we send you our offer.

In case you have paid more to Mawenzi Adventures Ltd. than the applicable cancellation fee, your balance will be refunded as soon as possible. Any costs related to this refund are at the client’s charge.

 

  1. TRAVEL INSURANCE

Mawenzi Adventures Ltd. does not provide travel insurance and you must obtain personal travel insurance with medical, evacuation and repatriation coverage covering all applicable dates of travel with us. This insurance should cover personal injuries and emergency medical expenses. We strongly recommended that you extend your coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay etc. You should make sure your insurance company is aware of the type of travel you plan to undertake, in order to get the right type of insurance.

 

  1. MEDICAL CONDITIONS

All clients are obligated to provide relevant medical information to Mawenzi Adventures Ltd. upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate in a tour with us, and when in doubt you should consult your physician.

We recommend all clients to seek medical advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of their travel. We can provide tips concerning these topics, but they can under no condition be seen as accurate medical advice.

Adventure tours provided by Mawenzi Adventures Ltd. involve visiting remote or less developed regions of Tanzania, where medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in these areas varies and we make no representations and give no warranties in relation to the standard of such facilities or medical treatment in those regions.

 

  1. SPECIAL REQUIREMENTS

Mawenzi Adventures Ltd. will strive to accommodate your special requests, including (without limitation) dietary and accommodation requests, but such requests do not form part of these terms and conditions or the contract between you and Mawenzi Adventures Ltd. We are not liable for any failure to accommodate or fulfill such requests.

 

  1. PRICES, SURCHARGES AND TAXES

Due to the nature of the tourism industry in Tanzania and the prices of the resources on which it depends, the published price of any tour product is subject to change at any time, before or after booking confirmation, up to 35 days before the departure of such a tour. Mawenzi Adventures Ltd. reserves the right to impose surcharges on any tour products, but only for reasons arising from increases in accommodation costs, transportation costs, fuel costs, dues, taxes or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours, but only where the increase in question is substantial enough to warrant the right to impose these surcharges.

Mawenzi Adventures Ltd. shall provide notice to the affected client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section. Upon receiving notification from Mawenzi Adventures Ltd., the affected client(s) may elect to either:

(a) cancel the applicable tour booking without incurring any penalty; or

(b) accept the change of price.

The client must notify Mawenzi Adventures Ltd. 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.

From time to time Mawenzi Adventures Ltd. may offer reduced pricing on selected tours. The reduced pricing applies strictly to new bookings. Bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Mawenzi Adventures Ltd.) are not entitled to the reduced pricing.

 

  1. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY MAWENZI ADVENTURES  LTD.

Mawenzi Adventures Ltd. guarantees all scheduled group tour departures that have been booked by a client, shall depart as scheduled (subject to reasonable itinerary changes). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one client has a confirmed booking. This guarantee is not applicable in Force Majeure situations.

If a tour is cancelled by Mawenzi Adventures Ltd. before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the client, the client shall have the choice of:

  • accepting from Mawenzi Adventures Ltd. a substitute tour product of equivalent value, where such substitute is reasonably available; or
  • accepting from Mawenzi Adventures Ltd. a substitute tour of lower value if no tour of equivalent value is reasonably available, and to recover from Mawenzi Adventures Ltd. the difference in price between the price of the tour originally purchased and that of the substitute tour; or
  • accepting from Mawenzi Adventures Ltd. a substitute tour of higher value if no tour of equivalent value is reasonably available, and to pay to Mawenzi Adventures Ltd. the difference in price between the price of the tour originally purchased and that of the substitute tour; or
  • accepting from Mawenzi Adventures Ltd. a full refund of all monies paid for the cancelled tour.

Mawenzi Adventures Ltd. is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the cancelled booking such as but not limited to visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment. Mawenzi Adventures Ltd. reserves the right to issue a full refund in lieu of the other choices above, in its sole discretion.

Where after departure a significant element of the tours as described cannot be provided, Mawenzi Adventures Ltd. will make suitable alternative arrangements for the continuation of the tours. If it is not possible to provide a suitable alternative or the client reasonably rejects any suitable alternatives, Mawenzi Adventures Ltd. will provide the client a refund of unused tour products or tour product portions.

 

  1. CANCELLATION OF A TOUR BY THE CLIENT

If the client is prevented from proceeding with a tour as booked, the client may, transfer his/her personal tour booking to a person who satisfies all the conditions applicable to the tour, provided that the client gives notice to Mawenzi Adventures Ltd. of his/her intention to transfer no less than 14 days before the date when the tour departure is due to take place. Where such a transfer is made, the transferring client and the transferee client shall be jointly and severally liable to Mawenzi Adventures Ltd. for payment of the price of the tour (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer.

If the client is part of a private tour, and all members of his/her group wish to postpone their trip, Mawenzi Adventures Ltd. can reserve the tour for a later date, provided that the client gives notice to Mawenzi Adventures Ltd. of his/her intention to transfer no less than 14 days before the date when the tour departure is due to take place. In this case, all clients that are part of the group will be responsible for paying all expenses that have already been made by Mawenzi Adventures Ltd. at the time of cancellation and that can not be recovered by Mawenzi Adventures Ltd., plus a service fee of 100 USD per group. The client will also be responsible for any extra costs which arise until the client does the tour at a later date (i.e – increased accommodation costs, transportation costs, fuel costs, dues, taxes or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours). The exact amount will be communicated to the client by Mawenzi Adventures Ltd. as soon as possible. All payments that have already been made by the client to Mawenzi Adventures Ltd. will be retained by Mawenzi Adventures Ltd. until the time of the new tour, and all supplements for the new tour should be paid to Mawenzi Adventures Ltd. according to article 1 of these terms and conditions.

 

  1. CHANGES TO YOUR TOUR

The client acknowledges by booking a tour with Mawenzi Adventures Ltd. that the nature of adventure travel, especially in Africa, requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by Mawenzi Adventures Ltd. The client acknowledges their understanding that the route, schedules, timings, accommodations, 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 tour 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 Mawenzi Adventures Ltd. and that Mawenzi Adventures Ltd. is not liable to any client for such changes or amendments.

Mawenzi Adventures Ltd. shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Mawenzi Adventures Ltd., its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions.

Although Mawenzi Adventures Ltd. will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the tour departure. However, Mawenzi Adventures Ltd. is not obligated to do so, and shall not be liable to pay any refunds that may be claimed to result from such changes. Mawenzi Adventures Ltd. is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Mawenzi Adventures Ltd. In such circumstances we will provide alternative accommodation of at least the same standard.

Where it may be absolutely necessary to amend the tour itinerary during the tour, the tour guide will arrange the best available alternative. The decision to do so will rest on the tour guide and his/her decision is final. This is mainly applicable but not limited to mountain climbing products where the guide believes the client is not able to continue with the climb due to illness, injury, extreme weather, or other factors beyond the guide’s control.

Should the client wish to make any changes to his/her itinerary after confirmation of their booking, Mawenzi Adventures Ltd. will make every effort to accommodate the requests based on availability. This may however involve extra costs, for which the payment should happen according to article 1 of these terms and conditions.

 

  1. RISK

The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to the client’s health and/or safety as well as to the client’s personal belongings. There are dangers inherent to adventure travel generally and the client acknowledges they have considered such risks and are willing to assume it to the full extent legally possible, by confirming their booking of this tour. The client hereby assumes all such risk and does hereby release Mawenzi Adventures Ltd. from all claims and causes of action arising from any losses, damages, injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting wild and remote areas, and participating in adventurous activities such as those included in the tour itineraries. Standards of hygiene, accommodation and transport in some areas where the tours take place are often lower than what the client may reasonably expect in their home country or region.

The client acknowledges that the degree and nature of personal risk involved depends on the nature of the tour booked, or the location(s) in which such a tour is to operate, and that there may be a significant degree of personal risk involved in travel on the tour, particularly if such a tour involves physical activities, travel to remote locations, high altitude activities or other high-risk activities, or travel areas of Tanzania with under-developed infrastructure. The client acknowledges they have 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 client acknowledges and agrees that Mawenzi Adventures Ltd. will provide, to the best of its ability, information or guidance to the client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where tours are operated, but will not be liable if the given information is incomplete or if the client does not act according to the information provided.

The client must at all times strictly comply with all applicable laws and regulations of Tanzania and regions visited on the applicable tour. Should the client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of Mawenzi Adventures Ltd. (acting reasonably), the client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Mawenzi Adventures Ltd. may terminate that client’s travel arrangements on any tour immediately without any liability on Mawenzi Adventures Ltd. part and the client 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.

Clients agree that they are responsible for any costs incurred by Mawenzi Adventures Ltd., as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the client while on tour. Clients agree to immediately report any pre-existing damage of this kind to the staff of the accommodation, transportation service, or facility (as appropriate) and/or a Mawenzi Adventures Ltd. representative as soon as possible upon discovery by the client.

Client agrees to take all prudent measures in relation to their own safety while on any Mawenzi Adventures Ltd. tour, 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 client health and safety. Mawenzi Adventures Ltd. and its third party suppliers shall not be liable for any failure on the client’s part to comply safety instructions or recommendations of Mawenzi Adventures Ltd. or its third party suppliers.

 

  1. COMPLAINTS

The client agrees to bring any complaints regarding a tour to Mawenzi Adventures Ltd. as soon as it appears in order to provide us with the opportunity to address such complaint properly. The client agrees to inform the head guide or other designated Mawenzi Adventures Ltd. representative at the earliest opportunity. Mawenzi Adventures Ltd. assumes no liability for complaints that are not properly brought to our attention with sufficient notice for us to resolve and no refunds will be made for issues that could have easily been solved had they been brought to our attention sooner. Any complaint made after the completion of a tour must be received in writing by Mawenzi Adventures Ltd. within 30 days of the end of the tour in question.

 

  1. THIRD PARTY SUPPLIERS

Mawenzi Adventures Ltd. makes arrangements with accommodation providers, activity providers, other tour operators, airlines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the tour(s). Although Mawenzi Adventures Ltd. takes all reasonable care in selecting Third Party Suppliers, Mawenzi Adventures Ltd. is unable to control Third Party Suppliers and does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of Tanzania and Mawenzi Adventures Ltd. does not warrant that any Third Party Supplier is in compliance with the laws of the client’s country of residence, or any other jurisdiction.

To the fullest extent permissible by law, Mawenzi Adventures Ltd. is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Mawenzi Adventures Ltd. and its employees. For clarity, neither Mawenzi Adventures Ltd. nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

 

  1. LIABILITY

Mawenzi Adventures Ltd. are not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event.

Mawenzi Adventures Ltd. shall have no liability for loss, theft of or damage to baggage or personal effects of clients while participating in a tour. Clients 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. Mawenzi Adventures Ltd. 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 Mawenzi Adventures Ltd. such as hotels, home stays, vessels, expedition vehicles, or any other mode of transportation.

In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Mawenzi Adventures Ltd. or of the third-party suppliers of any services which form part of the contract then Mawenzi Adventures Ltd. limits its liability, where applicable by all applicable International Conventions.

 

  1. FORCE MAJEURE

Mawenzi Adventures Ltd. shall not be liable in any way to the client 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 Mawenzi Adventures Ltd. failure to commence, perform and/ or complete any duty owed to the client 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 Mawenzi Adventures Ltd.; or an event which Mawenzi Adventures Ltd. or the supplier of services, even with all due care, could not foresee.

 

  1. IMAGES AND MARKETING

The client agrees that while participating in any Mawenzi Adventures Ltd. tour, images, photos or videos may be taken by other clients and/or Mawenzi Adventures Ltd. representatives or guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Mawenzi Adventures Ltd., 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 client or compensation payable to the client.

 

  1. AMENDMENTS

Mawenzi Adventures Ltd. reserves the right to update and/or alter these Terms and Conditions at any time, and shall post the amended Terms and Conditions on the Mawenzi Adventures Ltd. website. Any such amendment shall take effect 10 days following their posting to the website. The latest Terms, as amended, may be accessed any time on the Mawenzi Adventures Ltd. website, or will be sent to clients upon their written request to Mawenzi Adventures Ltd. Clients shall be deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on the Mawenzi Adventures Ltd. website. Mawenzi Adventures Ltd. recommends that all clients refer to the Terms and Conditions prior to their travel to familiarize themselves with the most up-to-date version of the Terms and Conditions.

 

Last updated: 9th May 2019