OUR CONTRACT WITH YOU
These conditions apply to all tours provided by Art Safari Ltd registered no 4627042, unless otherwise stated. Art Safari is a fully licensed and bonded as a Tour Operator. When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice showing your arrangements and your protection under our Air Travel organisers’ license number 9916.
YOUR FINANCIAL PROTECTION
Package Travel and Linked Travel Arrangements Regulations 2018
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We will be responsible for the proper performance of all the travel services included in the package.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
BOOKING AND PAYMENT
The tour price quoted in the information pack is subject to change without prior notice. Art Safari will confirm all prices before you book your holiday. Your holiday dossier will indicate what is and what is not included in the tour price. Flights are NOT included in the cost of the safaris unless otherwise stated.
Deposit: A deposit amounting to 25% (unless otherwise stated) of the total cost of the safari, together with a signed Booking Form, is needed to confirm the safari. On some tours, deposits are non-refundable.
On some tours there are stage payments.
Final Payment: The balance is due a minimum of 10 weeks prior to your departure (unless otherwise stated). For bookings made less than 10 weeks prior to your departure, payment is required in full.
SURCHARGE POLICY (currency and fuel and/or unforeseen economic circumstances)
We try never to add any surcharges on to your booking as described on your confirmation. However, all prices are subject to change without prior notice due to currency fluctuation, fuel prices, taxes and/or unforeseen economic circumstances. Art Safari reserves the right to add a surcharge in times of great fluctuations of costs. Your booking will remain subject to currency fluctuations until full payment is received by Art Safari.
In the case of human or computer error Art Safari reserves the right to re-invoice for the correct price or service.
We will attempt to accommodate any late bookings, subject to a non-refundable payment of £100 to cover expenses. Upon you booking the holiday this charge is deducted from the cost of your safari.
We regret we cannot accept liability where we are prevented by exceptional circumstances to carry out the obligations under our contract with you or you otherwise suffer any damage, loss or expense of any nature as a result of exceptional circumstances.
Exceptional circumstances are situations which unavoidable and extraordinary, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, closure, restriction or congestion of airspace, airports and ports and all other events outside our control. Exceptional circumstances also include the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination.
Our prices are based on shared room costs. We assume that people travelling on their own are prepared to share accommodation. Our prices are based on a shared room cost except where stated otherwise. We try to arrange for single travellers to share with someone of the same sex, but we cannot guarantee this. Sometimes we have to change the rooming arrangements at the last minute.
If it is not possible to arrange a share with another guest, or if you would prefer a single room, you will usually have to pay the single room supplement, (even if you have stated that you are happy to share). Art Safari passes the room costs on to you from the accommodation provider and makes no profit from single supplements. We cannot guarantee that a single room is in the same part of a hotel or is identical to twin or double rooms.
Porterage is provided where possible but may not available in all hotels.
Please inform us if you require a ground floor room or if you need any extra assistance.
FLIGHT BOOKINGS AND AIRPORT TRANSFERS
In accordance with EU Directive (EC) No 2111/2005 Article 9, we bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
Your flight fare can only be guaranteed when the flight booking has been paid for in full and a ticket has been issued. Flight bookings cannot be transferred. 100% cancellation fees apply on all flights unless otherwise stated. If your flight arrives/departs on a different day/time to rest of the tour you may incur a cost for an airport transfer.
If you are unable to travel, cancellations should be made in writing and emailed or posted to the Art Safari at Art Safari Ltd, The Harbourmasters Office, Ferry Quay, Woodbridge, Suffolk, IP12 1BW. Only upon receipt of the cancellation will the cancellation procedure be put into place. We incur costs from the time we confirm your booking, so cancellation charges may be listed on your cancellation invoice.
On cancellations made outside 90 days prior to your departure, deposits will be returned less any expenses incurred, unless deposits were stated as non-refundable at the time of booking. For holidays cancelled between 90 and 61 days prior to departure – the deposits are not refundable. For cancellations between 60 and 45 days prior to your departure, a charge of 50% of the total cost of the safari will apply. Inside 45 days a charge of 100% of the cost of the safari will apply. 100% cancellation fees apply on all flights unless otherwise stated. These cancellation conditions should be covered by your travel insurance.
If Art Safari has to cancel your holiday, then we will offer to transfer your holiday booking on to another tour, or return your full payment.
ALTERATION OF SAFARIS & PAINTING HOLIDAYS
Art Safari Ltd and any company acting on its behalf, reserves the right to withdraw any tour or safari, eliminate any feature or alter the itinerary, should local conditions necessitate.
If due to unforeseen circumstances your specified Art Tutor were to fall ill, or became unable to lead the Art Safari tour, Art Safari would do their utmost to provide an alternative Art Tutor/Tour Leader.
If due to unforeseen circumstances one of the guests were to be hospitalised it is likely that your Art Tutor/Tour Leader would stay with the patient while the tour continues with the Guide.
INDEMNITY AND LIABILITY
Any holiday, especially to our adventure destinations, is potentially hazardous and involves personal risk. It is essential that all lawful directions and advice from our suppliers be followed. Art Safari Ltd and any company acting on its behalf, accept no responsibility for any illness, accident or loss whatsoever incurred in the course of the Art Safari or for any expense from such illness, accident or loss.
It is a mandatory booking requirement that all travellers take out comprehensive travel insurance for all Art Safari holidays, including those in the UK. This should be done at the time your booking is confirmed and your deposit paid. All clients should be fully insured against accident, all medical eventualities, repatriation, personal liability, cancellation, curtailment and default.
Art Safari Ltd or any company acting on its behalf cannot be held responsible for loss or damage to baggage and personal effects. This should be covered by your travel insurance policy. You must give us the details of your travel insurance before you travel.
The requirements and standards of the country where your tour takes place are applied to the services of your tour and not those of the UK. The decision of the tour leader is final on all matters likely to affect the safety or well-being of any traveller, guide or staff member participating in the trip.
PASSPORT, VISAS & IMMIGRATION REQUIREMENTS
It is the sole responsibility of the client to ensure that all passport and visa requirements are fulfilled prior to departure. Passports must have at least 6month validity from the date of your RETURN and two spare blank pages for the entry stamp and preferably more if several countries are being visited.
Specific country health guidance will be given to you in your tour documents. You must consult your doctor or travel clinic about vaccinations and about your fitness to travel. Your health is your own responsibility. Medical travel records and required certificates must be brought with you. It is the responsibility of guests to advise Art Safari prior to departure of any specific medical conditions or restrictions.
Anti-malaria precautions must be taken on some tours, and these are the sole responsibility of the guest.
All guests must understand that while a high level of fitness is not required, travel can be very tiring and a measure of physical activity is involved in all Art Safari trips. The amount of walking differs between trips and our office staff and tour leaders may not be able control this entirely. Some Art Safari holidays are at altitude.
Art Safari visits countries with lower standards of health and safety than the UK. More adventurous destinations cannot provide emergency and healthcare required for some health conditions. Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility.
Please check www.gov.uk/travelaware and www.gov.uk/foreign-travel-advice for your destination country.
In the event you end up in difficulty of any sort during your Art Safari holiday, we will provide you with appropriate assistance as soon as reasonably possible. We will help to provide
appropriate information on health services, local authorities and consular assistance and to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
DIETARY AND SPECIAL REQUESTS
Dietary and special requests must be advised at the time of booking and we will endeavour to pass on any reasonable requests to the relevant supplier. This is not a guarantee that the request will be met. Failure to meet any dietary or special request will not be a breach of contract on the part of Art Safari.
The airline concerned is not to be held responsible for any act, omission or event during the time the guests are not on board their aircraft. The passenger tickets issued by the airline, when issued, will constitute the sole contract between the airline and the purchaser of these tickets and/or passengers.
We regret we are not in a position to offer you any assistance in the event of airline delay. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any failure to check in or board on time or if you were denied boarding due to your own health or behaviour.
If your flight is cancelled or delayed, if your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. Any compensation or payment that you receive from the airline constitutes the limit of your entitlement arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements made with us.
DAMAGE & BEHAVIOUR
You accept responsibility for any damage or loss you cause while travelling with Art Safari. Full payment for any such damage or loss must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. You will also be responsible for meeting any claims subsequently made against us and all costs (including legal costs) incurred by us as a result of your actions.
We expect considerate behaviour for other people and wildlife especially in developing countries. If you behave in such a way as to cause or be likely to cause danger, upset or distress we reserve the right to terminate your participation in a tour and will have no responsibility for any losses or expenses incurred as a result.
COMPLAINTS AND PROBLEMS
If you have any complaint about your tour whilst away, or wish to tell us about a lack of conformity to what was promised, you must immediately inform your guide, art tutor or tour leader, or the supplier of the service so that they can take action if possible. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving full details of your complaint.
PHOTOGRAPHY & COMMENTS
Art Safari reserves the right to use pictures taken on Safari which may contain your image and your artwork but we will not identify your name without your consent. Art Safari owns the copyright to all pictures taken by them or on their behalf.
We also reserve the right to use any comments clients make regarding our tours on any questionnaires or letters in future promotional literature.
AGENTS, SAFARI COMPANIES and HOTELS
Some of our suppliers (including hotels, agents and safari companies) will require that you agree to their terms and conditions as well as to the terms and conditions already listed above. Their cancellation procedures may also alter. In such a case their conditions will apply and supersedes the terms and conditions of Art Safari Ltd.
All information in our tour documents and on our website has been compiled with reasonable care and is published in good faith.
We promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.