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TERMS & CONDITIONS UNUSED & DENIED SERVICES No refunds will be made for any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibilty for. No refund is given for any partially or wholly unused services/tour inclusions. No overseas supplier or associate is authorised to promise a refund on behalf of Bench Africa If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances. CLIENT NAMES ~ EXACTLY AS PER PASSPORT For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. if you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re- issue fees) in addition to our own reasonable administration fees. TRAVEL INSURANCE It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours, We strongly suggest you purchase insurance at the time you pay your deposit, Ths is because cancellation fees and charges are payable from that time. ACCOMMODATION We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard, PASSPORTS, VISAS tis a requirement that you hold a valid passport and any required visas for your trp. It is your responsibilty to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. Passports must have a validity of at least 6 months longer than your intended stay overseas. VACCINATIONS We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated, Subject to the liness or Vaccination Status Preventing Travel section above, if you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require. Itis your responsibilty to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith. Please consult your GP or Travel Doctor for up-to-date medical advice. Vaccinations against Yellow Fever are compulsory in East Arica, and many other countries require proof of a valid vaccination card if these countries have been visited or you have been in transit. It is also highly recommended that you take anti-malaria medication HEALTH & FITNESS: ‘A minimum level of fitness is required to be able to participate on a Bench Africa tour. In addition, some tours ‘may require you to disclose your body weight. Please check with Bench Africa to ensure that you can meet the relevant requirements. Even if you meet the relevant requirements, this does not mean that the tour is suitable for you and is no substitute for obtaining medical advice. Itisyour responsibility o ensure that you havea suitable level of health and fitness to undertake the trip of your choice. If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request. We may request you to provide an assessment of your medical condition from a qualified medical practitioner If the assessment indicates that you wll require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking, Provided you notified us of your medical condition atthe time you made your booking request, we will provide you with a full refund of payments made. If you fal to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you. We reserve the right to cancel your booking i any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage. AUTHORITY ON TOUR When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader ‘may, acting reasonably, require that you leave the tour. You will be responsible for any additional costs you incur. MINIMUM NUMBERS: Some trips ate based on a minimum number of passengers traveling. We will advise you prior to confirming your booking if tis is the case. I a trip fails to satisfy minimum numbers, the trip may be cancelled. Ifthe trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation. IMAGE RELEASE When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent tothe use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour. DIETARY REQUIREMENTS Special dietary requests are required to be notified to us atthe time of booking. Although we will se reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens TRAVEL SAFETY For the latest government advice on travel safety and security please visit and register your holiday on wwrw.smartraveller.gov.au ‘TRAVELLING WITH CHILDREN Travelling with children under 18 years of age through certain African countries’ borders may require further documentation in addition to their valid passport. As requirements can change, please check with Bench Africa. ‘Any information provided by us is given in good faith and may not be relied upon as being accurate and does not constitute formal advice LUGGAGE RESTRICTIONS Luggage restrictions may apply to your Bench Africa tour in particular to destinations lke Kenya, Tanzania and Botswana where safari vehicles or light aircraft are utilised. INDEPENDENT SERVICES We are not responsible for any additional activities or excursions which are not included in the booked itinerary Cr which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible. ‘ACCEPTANCE OF RISK You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trp or the visiting of destinations which present ‘geographical, political or cultural risks and dangers. You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any lability for these risks. RESPONSIBILITY Services supplied by independent suppliers Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplie’s liability to you may be limited by their own terms and conditions. You warrant that you will not bring a claim against Bench Africa in this regard. You are responsible for any loss or expense we incur due to any claim being brought against us in breach of this warranty. Services we directly supply To the extent only that we are the principal supplier to you of travel arrangements or other services which we Control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (Where we are not the supplier's agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do. ‘We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure. While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays. General liability limitation You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia, Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (‘Consumer Warranties’). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, Bench Africa disclaim all warranties. To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied. We do not accept liability for any injury, damage, loss, delay, change of itinerary when required, additional expense or inconvenience caused directly or indirectly by force majeure or other events which are beyond our Control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbances, fre, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to, or failure of, machinery or equipment, or industrial action (whether or not involving our employees and even though such actions may be settled by acceding to demands of a labour group), COMPLAINTS In the event of a problem with any aspect of your travel arrangements you must tellus or make @ Bench Africa representative or our local supplier aware of such problems immediately. We will only consider and be responsible for claims made against us where we or our suppliers have had the ‘opportunity to put things right on the ground. Ifyou notify us of a problem during travel and we haven't resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of the services provided by us. DEEMED ACCEPTANCE By making a booking request, you are deemed to have agreed and consented to all terms in these Booking Conditions and in any other documents provided to you by Bench Africa or any other person who may have booked the tour on your behalf. f you book on behalf of another party, you represent and warrant to Bench Africa that you are duly authorised to provide the agreement and consent the other party and you agree that you will be responsible for any loss or damage Bench Africa incurs if this is not the case. GENERAL The contract between Southern Cross Safaris Pty Ltd trading as Bench Africa and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State of New South Wales, Australia. if any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions, Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published here: hitps:/www.benchafrica, com/privacy/ NOTE: These terms and conditions were published on 01 November 2022 and are subject to change. Current terms and conditions can be found on the Bench Africa website. benchafrica.com 111 |
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