The Agreement and the following terms and conditions are in reference to the tour package offered to the Client, also attached to this Agreement:
1. STANDARD TERMS AND CONDITIONS OF CONTRACT OF myGuzo Travel Agent
- “Booking reservation” means safari or tour or trip or excursion, ticket booking
- “the Client” means the person / s named on the tour booking form (confirmed tour, safari, excursion or trekking booking form) and who contracts with myGuzo 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 myGuzo 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 myGuzo 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 ticket, 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 myGuzo, 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 myGuzo, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract
3. MYGUZO TRAVEL AGENT ACTING AS AGENT ONLY
In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, myGuzo acts as agent only for and on behalf of the client in procuring the services. As such, myGuzo shall procure the services for and on behalf of the client as agent for it with relevant third party service providers concerned. myGuzo 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 myGuzo in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of myGuzo, 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. myGuzo 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 myGuzo for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final, conclusive and binding on myGuzo and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to myGuzo shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to myGuzo by way of cash, direct transfer, forex transfer or by credit card in some instances. A 3% surcharges apply for Credit Card Payments. The client shall provide myGuzo 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 myGuzo shall be made no later than 3 working days after confirmation of a booking by a client.
4.5 The attached Program from April 19 to May 2, 2020 is essential part of this contract.
5. RESERVATIONS
A deposit of 30% from the total package price is required on May 25, 2019. The balance is due 15 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.
6. CANCELLATIONS
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 (more than 10% of the required rooms) are subject to cancellation and no-show fees. Following is the scale for cancellation charges:
- 30% 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 24 hours prior to arrival
7. RATES
Include all expenses in respect of vehicle (either 4×4, Mini Bus or Coach) and driver as per program/itinerary, Professional & Local Guide, 3-times-per-day 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, alcohol drinks, tipping, video or camera fees at certain sites, telephone, laundry and other person expenses.
8. TRANSPORTATION
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
9. ACCOMODATION
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.
10. LIABILITY
myGuzo and its partners 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. myGuzo’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. myGuzo reserves the right to employ subcontractors for all or part of the services.
NOTE:
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.
11. INSURANCE
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. myGuzo is not liable to any of these or other acts of nature
12. RIGHT OF RETENTION
Until such time as myGuzo 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 myGuzo so as to give it a right of retention or lien in respect of the documents.
12. ALTERATIONS TO ITINERARIES
12.1 myGuzo 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 myGuzo’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 myGuzo.
12.3 myGuzo 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. myGuzo 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. myGuzo 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/her passport and visas, and those of his/her 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.
myGuzo 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, myGuzo shall not be liable for any costs of whatsoever nature occasioned thereby.