Terms and Conditions
TERRA AGUA CEU LDA, Diving and Safaris Adventures (TAC)
Booking, Terms and Conditions
Definitions and Parties
In these conditions “the company” or TAC shall mean Terra Agua Ceu Lda, a limited liability Mozambican company with a commercial registration under the number 770/08/AV – 09 and a travel agency license under the number 0441/08/01/PS/06. TAC acts as a booking agent only for third party suppliers, such as, but not limited to airlines, tour operators, all accommodations, car rental companies, vehicle, yacht, boat or aircraft and helicopter companies and charters, and adventure travel packages and all other travel experiences. TAC acts as a booking agent only, & does not provide the final service and is therefore not responsible for the actual final service provided by the supplier. The client clearly understands that the contracted supplier provides the final service being provided to the client/s and not TAC is responsible for the final service provided. Should there be a discrepancy between the service sold and the service received; TAC will endeavour to investigate and negotiate on behalf of the client for compensation, however TAC should attempt to secure compensation fail and the client chooses to take legal action, the client does so against the provider of the final service and not TAC. The “Product” shall mean any services and/or products that TAC books and sells on behalf of any third party supplier to a client e.g. a holiday or package or travel services. The ‘Agent’ shall mean any entity that is booking a client to travel through TAC. There shall be no binding contract between the Company and the Agent until: the booking terms and conditions has been read and confirmed by the Agent and the deposit specified paid in full. The “client” shall mean any person or users of any product sold by TAC. The client and/or the Agent warrant to TAC, that he / she is authorized to make the booking and in doing so therefore accepts all the conditions below on behalf of himself / herself and each of his / her traveling companions including any minors who may be accompanying him /her.
All bookings taken by TAC are subject to these standard terms and conditions. All TAC products, packages, A supplier supplies services or tickets purchased by a client. The supplier is solely responsible for the design and supply of the products bought by the client. TAC only assists in the booking of such products and shall provide all necessary travel documents in order for the client to purchase the product. Therefore the contract for the products lies between the client and the supplier. Each supplier will have its own terms and conditions relating to the products purchased. The specific terms and conditions of the suppliers can be obtained from the supplier on request. TAC has no contractual liability to the client in respect of the product bought from TAC.
Quotations and Availability
A quotation is an offer to provide travel services and is subject to price increases. An agreement is only concluded once the full product price is paid for in full. The prices of all products are subject to change and may only be confirmed when paid for in full. Please note that quotes provided are subject to availability. The price quoted can never be guaranteed and all products, including but not limited to airfares and tour operators travel packages, are subject to change without notice and prior to payment in full. Any increases must be borne and paid by the client upon demand.
A booking request will be valid for 15 days unless otherwise stated. The deposit must be paid, and it is the Client’s responsibility to request and read the specific suppliers booking terms and conditions. No person, organisation or employee of the company has authority to vary these booking conditions; and the company reserves the right to decline any booking. A minimum 25% non refundable deposit is required within this period to guarantee the reservation. This deposit will only be refunded if the booking cannot be accommodated. Until this payment has been made, the reservation cannot be guaranteed. This may vary depending on the individual supplier booking terms and conditions that are part of the proposed product. The full balance due is payable 30 days prior to travel date. If the full amount is not received in the due time, the company reserves the right to treat the booking as a cancellation. TAC business is conducted on cash basis and travel documents, shall not be prepared until full payment is made. If paying by cash please
ensure that you receive a TAC invoice. When using Electronic Transfer (EFT) confirmation of the payment must be faxed to + 258 293 21 551, or a scanned copy must be sent to firstname.lastname@example.org
Please be aware that certain banking institutions can take more than 48 (forty eight) hours to clear payments and payments must be cleared before a booking is confirmed.
Any cancellations made by a client and/or the Agents must be in writing. Any amendment or any change by a client and/or the Agents to a reservation in whatsoever manner (date change, rerouting etc.) after payment constitutes a cancellation. In the event that the client cancels a reservation for what ever reason, TAC shall charge an administration fee and the supplier may well also impose a cancellation fee, which could be up to 100% of the product price. Airline refunds will often take a minimum of 11 (eleven) weeks to process.
Changes and Alterations
The company does not guarantee the safety standards or performance of any supplier. The clients of any product purchased through TAC accept that the use of the product may be dependant on certain factors beyond the company’s control and therefore agree that TAC will not be held liable for any compensation to the client if it is forced to cancel or in any way change the booking or any flight or transfer due inter alia, but not exclusively, to force major including war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstances beyond the control of the company. The company reserves the right to cancel the booking without prior notification and in such an event only agrees to refund all monies already paid and received by the client. Unforeseen cancellations due to war, unrest or any other force majeure or other circumstances are still subject to the suppliers cancellation and bookings terms, and do not constitute a valid reason for waiver of any supplier cancellation policy terms. In the event that the client changes any travel arrangements such as, but not limited to accommodation, activities, flights transfers or any portion of the agreed itinerary, the company shall not be held liable for any compensation or costs to the client whatsoever.
Flight Schedules and Transfers
The company bases its flight schedules according to the information available to the company and published by the airline. Such flight schedules are subject to change with no notice. In addition many inter property transfers or flights are coordinated amongst a number of properties or charter companies. The rate quoted for flights are based on schedules that are often only confirmed to the company on the day of travel and therefore clients must understand and accept that changes in flight schedules or transfer times could occur and very occasionally in the event of delays or factors out of the company’s control, an unscheduled overnight stay could be required. In the event of any of these changes or situations the company will not be held liable for any costs what so ever, and any costs incurred such as but not limited to additional charters, accommodation, meals, communication costs etc must be settled directly to the third party establishments by the client.
Responsibility of the client
Before a client commences with travel, he or she should arrange his/her own insurance with a reputable insurer, with protection for the full duration of the stay or itinerary, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and expenses associated with the cancellation or curtailment of any booking. If a client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are for the client’s account, and the company, shall not be liable for any refund of the booking whatsoever. The carriage and storage of all baggage and personal effects are at all times the clients risk and the company cannot accept any liability for any loss or damage of baggage or personal effects.
Clients hereby acknowledge, confirm and record that they understand and appreciate the risk inherent in travel including in particular the hazards of diving / snorkelling and boat travel and any associated marine activities. Further, that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, slipping or falling while on board a boat, being cut or struck by a boat while in the water, and any other injuries occurring while getting on or off a boat and other perils of the sea. Clients also confirm that they are aware of and appreciate the real dangers and risks associated with travel to Africa, its National Parks or wilderness areas, arising from the presence of wild and dangerous animals, reptiles, fish and birds and the real risk of suffering bodily harm, injury or death or loss of property which may arise as a result of an encounter with a / or the presence of wild animals and or reptiles, fish and birds. The client undertakes all activities and travel at his / her own risk. Such risk could include injury, disease or death. The client and the Agent agrees and concedes that the company and its members and employees shall not be responsible for loss or damage to property or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever.
The client hereby acknowledges an awareness of the proposed travel itinerary and confirms that he or she is medically fit, in good physical and mental health and is able to travel. Any client with a pre‐existing medical condition or illness must declare the true nature of such conditions to the company before the commencement of the booking. Any failure to declare may result in cancellation of his /her booking.
Claims and Complaints
In the unlikely event that the client has a complaint it must firstly be taken up with the management /company representative of the supplier, in order that an opportunity is afforded to the supplier to investigate the situation. If the client has any further complaint then they must lodge this in writing to the company within 10 (ten) days of the booking end. If these procedures are not followed then the company will not investigate or continue to investigate such complaints.
Company Responsibility and Rights
The information given in any brochure, leaflets, website and advertising is given in good faith by the company, and is based on the latest information available to the company.
It is the client’s sole responsibility to ensure that passport, visa and other required documents are in order. Any resulting consequences of a client’s failure for not having his/her required paperwork in order shall be to the account and the sole responsibility of the client.
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of the Republic of Mozambique.
Travel and cancellation insurance, to include cover for water based activities / scuba diving and snorkelling is recommended for all clients. All insurance is solely the responsibility of the client. Before a client commences with travel, he or she should arrange his/her own insurance with a reputable insurer, with protection for the full duration of the stay or itinerary, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and expenses associated with the cancellation or curtailment of any booking. If a client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are for the client’s account, and the company, shall not be liable for any refund of the booking whatsoever. The carriage and storage of all baggage and personal effects are at all times the clients risk and the company cannot accept any liability for any loss or damage of baggage or personal effects.
All clients and their agents confirm that they have read and abide by the aforementioned and agree to the terms and conditions therein contained. All clients record that they are making a booking at their own risk and waive any claims that they might have in regard to injury, loss or death which might occur due to any causes whatsoever against TAC. The company refers in particular to any minor child / children who may be accompanying the client and confirm specifically that this indemnity applies to such child/ children. The client and any clients Agent further binds their dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless the company, its members, associates, employees, representatives, organisers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during my booking, activities or tours with the company.
Enquiries & New Confirmed Bookings
All bookings will be held provisionally up to 1 month prior to travel, 100% payment is required on confirmation (1 month). Should the paid booking be cancelled within the 1 month leading up to arrival, Terra Agua Ceu Lda will review each booking case by case to determine a fair outcome for all parties involved. Terra Agua Ceu Lda strongly recommends making use of a comprehensive travel insurance.
Once global travel normalises and South Africa as a point of entry and Mozambique as the destination is categorised as safe to travel, Terra Agua Ceu Lda reserves the right to revert to the Standard Contracting Terms & Conditions for Deposit Payments and Cancellations.