Terms Of Booking
Introduction
These Terms and Conditions apply to any tours booked with Budha Adventures, a locally owned adventure travel company based in Arusha, Tanzania. These Terms & Conditions govern the contractual relationship between Budha Adventures and yourself. Please read these Terms and Conditions carefully as by booking any tour with Budha Adventures, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Group Bookings
If you have confirmed a booking for any tours with more than one client named and booked on such a booking, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those with a disability). Therefore, all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The client who confirmed the booking is considered to be the primary contact person for all other clients named in that booking.
Deposits & Final Payment
- Booking Deposit: Upon booking a tour with Budha Adventures, a 30% deposit is required to secure the tour and initiate the necessary booking processes and ground preparations. An invoice will be sent to the client along with payment instructions.
- Final Payment: The final balance payment for the booked tour is required no later than 21 days before the tour starts. Bookings made within 21 days of the tour start date must be paid in full.
- Payment Conditions: All payments made to Budha Adventures should be free of bank charges and credit card transaction surcharges. Budha Adventures is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the client as a result of credit card or other payment transactions in connection with the purchase of a tour. Budha Adventures will not refund or return any fees charged by such third parties in connection with payments made by clients to Budha Adventures.
Booking Agreement
A booking is confirmed, and these Terms and Conditions shall apply when Budha Adventures has received the applicable deposit from the client and the client has received written confirmation from Budha Adventures of such booking. The client confirming the booking must be 18 years of age or older and agrees to provide full, complete, and accurate information as requested by Budha Adventures to confirm the booking.
Group Bookings
Any client confirming a booking for multiple clients named and booked on such booking represents and warrants to Budha Adventures that: i) They have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking and have communicated all necessary information to the other clients to give free and fully informed authorization to do so. ii) The information provided regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Budha Adventures for the purposes of completing the booking.
Cancellation Policy
A client may cancel their booking by notifying Budha Adventures. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Budha Adventures and are expressed hereinafter as a percentage of the total price paid for the cancelled tour.
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- Cancellation received 35 days or more before the tour starts: No Cancellation Fees will be charged.
- Cancellation received 11 – 34 days before the tour starts: 30% Cancellation Fee will be charged.
- Cancellation received 3 – 10 days before the tour starts: 50% Cancellation Fee will be charged.
- Cancellation received within 48 hours before the tour starts: 100% Cancellation Fee will be charged.
- Tailor-made tours may be subject to alternative cancellation terms, which will be communicated to applicable clients at the time of booking.
Travel Insurance
Travel Insurance Requirement: Budha Adventures does not provide travel insurance. Therefore, clients must obtain travel insurance from their home country with the minimum recommended medical, evacuation, and repatriation coverage for all applicable dates of travel with Budha Adventures. This insurance must cover personal injury and emergency medical expenses. It is strongly recommended that clients extend their coverage to include cancellation and all other expenses that might arise from loss, damage, injury, delay, or inconvenience.
Coverage Note: The cost of the tour does not include any insurance coverage for the client. Clients are required to obtain separate coverage at an additional cost to the tour price. When obtaining travel insurance, clients must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable tour.
Medical Conditions
Medical Information: All clients are obligated to truthfully provide requested relevant medical information to Budha Adventures upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate in a tour with us. All clients should consult their physician regarding their fitness for taking part in the booked tour.
Medical Advice: Budha Adventures recommends all clients seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the client’s travel with Budha Adventures. Budha Adventures does not provide medical advice.
Remote Areas: Adventure tours provided by Budha Adventures involve visiting remote or less developed regions of Tanzania, where medical facilities may not meet the standards of those found in a client’s home country. The condition of medical facilities in these areas varies, and Budha Adventures makes no representations and gives no warranties regarding the standard of such facilities or medical treatment in those regions.
Special Requirements
Accommodation and Dietary Requests: Budha Adventures will strive to accommodate special requests from clients, including dietary and accommodation requests. However, such requests do not form part of these Terms and Conditions or the contract between the client and Budha Adventures. Budha Adventures is not liable for any failure to accommodate or fulfill such requests.
Prices, Surcharges, and Taxes
Price Changes: 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 30 days before the departure of such a tour. Budha Adventures 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. These surcharges will only be imposed where the increase in question is substantial enough to warrant such action.
Client Notification: Budha Adventures shall provide notice to the affected client as soon as reasonably possible upon learning of the necessity to impose a surcharge. Upon receiving notification, 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.
Client Response: The client must notify Budha Adventures of their election within 14 days of receipt of notice of the increase. If the client does not respond within this period, they will be deemed to have accepted the price change and will be liable for payment of the increase.
Reduced Pricing: From time to time, Budha Adventures 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 Budha Adventures) are not entitled to the reduced pricing.
Guaranteed Departures & Cancellation of a Tour by Budha Adventures
Guaranteed Departures: Budha Adventures 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.
Cancellation by Budha Adventures: If a tour is canceled by Budha Adventures before the agreed date of departure for reasons not arising from Force Majeure or the fault, negligence, or within the reasonable control of the client, the client shall have the choice of:
- Accepting from Budha Adventures a substitute tour product of equivalent or superior value, where such a substitute is reasonably available; or
- Accepting from Budha Adventures a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Budha Adventures the difference in price between the price of the tour originally purchased and that of the substitute tour; or
- Accepting from Budha Adventures a full refund of all monies paid for the canceled tour.
Budha Adventures is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the canceled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Budha Adventures reserves the right to issue a full refund in lieu of the choices above, at its sole discretion.
Alternative Arrangements: Where after departure a significant element of the tours as described cannot be provided, Budha Adventures 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, Budha Adventures will provide the client a refund of unused tour products or tour product portions.
Cancellation of a Tour by the Client
Transfer of Booking: If the client is prevented through reasons completely beyond such client’s control from proceeding with a tour as booked, the client may, if possible, transfer his/her tour booking to a person who satisfies all the conditions applicable to the tour, provided that the client gives notice to Budha Adventures of the client’s 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 Budha Adventures 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.
Postponement of Private Tours: For private tours, Budha Adventures can reserve the tour for a client should they decide to postpone the tour to a later date. The client, however, will be responsible for paying cancellation fees as per the cancellation policy and also for any unforeseen extra costs which arise until the client does the tour at a later date (i.e., 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).
Cancellations and Changes
Flexibility of Adventure Travel: The client acknowledges by booking a tour with Budha Adventures 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 Budha Adventures. 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 Budha Adventures and that Budha Adventures is not liable to any client for such changes or amendments.
Missed or Unused Services: Budha Adventures 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 Budha Adventures, 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.
Amendments to Itinerary: Although Budha Adventures 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, Budha Adventures is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Budha Adventures 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 Budha Adventures. In such circumstances, we will provide alternative accommodation of at least the same standard or higher standard.
On-Tour Changes: 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.
Risk
Acknowledgment of Risk: The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to clients’ health and/or safety. There are dangers inherent to adventure travel generally, and the client acknowledges they have considered such risks to health and safety 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 Budha Adventures 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 Facilities: Standards of hygiene, accommodation, and transport in some areas where the tours take place are often lower than comparable standards 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.
Information and Guidance: The client acknowledges and agrees that Budha Adventures 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 client does not act according to the information provided.
Compliance with Laws: 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 Budha Adventures (acting reasonably), the client’s behavior is causing or is likely to cause danger, distress, or material annoyance to others, Budha Adventures may terminate that client’s travel arrangements on any tour immediately without any liability on Budha Adventures’ 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.
Responsibility for Damage: Clients agree that they are responsible for any costs incurred by Budha Adventures 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 Budha Adventures representative as soon as possible upon discovery by the client.
Safety Measures: Clients agree to take all prudent measures concerning their own safety while on any Budha Adventures 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. Budha Adventures, nor its third-party suppliers, shall not be liable for any failure on the client’s part to comply with safety instructions or recommendations of Budha Adventures or its third-party suppliers
Complaints
Procedure for Complaints: Clients agree to bring any complaints regarding a tour to Budha Adventures as soon as possible to provide Budha Adventures with the opportunity to address such complaints properly. Clients agree to inform the head guide or another designated Budha Adventures representative at the earliest opportunity. Budha Adventures assumes no liability for complaints that are not properly brought to its attention with sufficient notice for Budha Adventures to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing by Budha Adventures within 30 days of the end of the tour in question.
Third Party Suppliers
Arrangements with Third Party Suppliers: Budha Adventures makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide clients with the travel services and other services purchased or which form the component parts of the 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).
Limitations of Control and Responsibility: Although Budha Adventures takes all reasonable care in selecting Third Party Suppliers, Budha Adventures is unable to control Third Party Suppliers and does not supervise them. Therefore, Budha Adventures 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 the liability of the supplier.
Compliance with Local Laws: Clients acknowledge that Third Party Suppliers operate in compliance with the applicable laws of Tanzania, and Budha Adventures 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.
Liability Disclaimer: To the fullest extent permissible by law, Budha Adventures 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 Budha Adventures and its employees. Neither Budha Adventures nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Liability
Responsibility for Damages: Budha Adventures is not responsible for any damages, expenses, losses, or claims 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. Budha Adventures shall have no liability for the 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.
Loss or Damage of Valuables: Budha Adventures 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 Budha Adventures such as hotels, homestays, 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 Budha Adventures or of the third-party suppliers of any services which form part of the contract, Budha Adventures limits its liability, where applicable by all applicable International Conventions.
Force Majeure
Definition and Scope: Budha Adventures 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 Budha Adventures’ 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 warlike operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, riot, insurrection, government restraint, fire, extreme weather, or any other cause whatsoever beyond the reasonable control of Budha Adventures; or an event which Budha Adventures or the supplier of services, even with all due care, could not foresee.
Images and Marketing
Use of Client Images: The client agrees that while participating in any Budha Adventures tour, images, photos, or videos may be taken by other clients and/or Budha Adventures 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 Budha Adventures, 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.
Amendments
Budha Adventures 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 Budha Adventures website. Any such amendment shall take effect 10 days following their posting to the website. The latest Terms, as amended, may be accessed at any time on the Budha Adventures website or will be sent to clients upon their written request to Budha Adventures.
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 Budha Adventures website. Budha Adventures 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.
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