HILLS OF AFRICA TRAVEL, INC
TERMS AND CONDITIONS, PAYMENT TERMS
RELEASE OF LIABILITY AND ASSUMPTION OF RISK

These terms and conditions apply to reservations, itineraries, tours, services and payment for reservations, itineraries, tours and services provided.

All reservations booked through Hills of Africa Travel, Inc. are subject to the following Terms and Conditions, Payment Terms, Release of Liability and Assumptions of Risk.

To be executed by ALL clients over 18 and on behalf of all minor clients.

HILLS OF AFRICA TRAVEL, INC – TERMS AND CONDITIONS

Responsibility/Liability
Hills of Africa Travel, Inc. (hereinafter the “Company”) act only as booking agents with respect to services provided to the purchaser(s) (the “Client(s)”), included but not limited to, hotels, camps, lodges, restaurants and any and all forms of transportation provided by or from various independent overseas ground operators (the “Independent Operators”). Each of these Independent Operators has its own management and procedures and is not subject to the control of the Company. Client bookings are accepted by the Company, solely as agent for the Independent Operators. Any and all services provided by these Independent Operators are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by the Independent Operators and/or their agents or suppliers.

  1. Company has made its best efforts to choose the best suppliers available, it does not control any Independent Operators.
  2. Company deals predominantly with Third World countries, which can experience problems such as loss of power, vehicle breakdowns, lack of supplies (including fuel and spare parts), political unrest, as well as drought and unusual weather conditions. Safaris are by their nature, adventure holidays and as such, changes in the details and timing of an itinerary can vary from time to time, depending on the conditions prevailing and facilities available.
  3. Considering the foregoing, Client has voluntarily entered into the attached Release and Assumption of Risk agreement on behalf of him/herself and any minor children travelling with him/her.
  4. Company and the Client(s) are independent contractors. Nothing herein or in the activities contemplated by the Company and the Client(s) hereunder shall be deemed to create an agency partnership, employment or joint venture relationship between either party, the Independent Operators, or their representatives.

Hills of Africa Travel Inc. reserves the right to accept or decline any passengers from either participating in or continuing on any of our tours.

Land, Sea and Air Transportation
Carriage by land, sea and air is subject to the terms and conditions of the carrier with whom you travel and to international conventions, which may limit liability. Land, sea and air travel are also subject to operational decisions of carrier and air and seaports which may result in cancellations, delays or diversions over which Company has no control and for which Company accepts no liability whatsoever. Client(s) agree that temporary or permanent loss of baggage is the responsibility of the carrier and/or the Client, and not the Company.

Please be advised that the South Africa Department of Home Affairs has adopted the Advanced Passenger Processing (APP) service, which will allow the South African Government to implement advanced passenger screening for all passengers travelling, by air to and through South Africa. All carriers must comply with the directive in order to reduce the number of inadmissible passengers arriving in South Africa.

Clients are reminded to ensure that the name on their passport is an exact match with the name on their airline ticket. Airlines cannot accept tickets issued with names incorrectly spelled under any circumstances (even if by one letter only or if a shortened version of a name is used e.g. Tim instead of Timothy) and passengers will be denied boarding. If the name on the ticket is spelled incorrectly, a new ticket will need to be purchased, and applicable refund charges will apply. Client agrees that Company is not liable for inaccurate or incomplete passenger data.

HILLS OF AFRICA TRAVEL, INC – PAYMENT TERMS

To confirm and book an itinerary, Client must submit to Company:

  1. a fully completed Reservation Form and Terms and Conditions for each participant
  2. a non-refundable 30% deposit of your itinerary price to Hills of Africa Travel, Inc and
  3. written intention to decline purchase of travel insurance (if applicable).

Please note that no portion of the 30% deposit is refundable.

The balance of payment is due no later than 90 (ninety) days prior to commencement of your travel arrangements. If the reservation is made within 90 days of travel, full payment will be required in order to secure reservations.

Please note that no portion of the entire trip is refundable after final payment is made.

Certain operators/ suppliers may require additional non-refundable deposits upon confirmation of your itinerary, of which you will be advised. In addition, there may be fees or allowances for baggage. Upon receipt of your Reservation Form and deposit, Hills of Africa Travel, Inc. will make best efforts to attempt to secure and contract the requested itinerary on behalf of its Client. Once a booking has been confirmed to us, we will change the booking’s status from “provisional” to “confirmed” on condition that we have a 30% non-refundable deposit from you AND a completed and signed copy of the Reservation Form and Terms and Conditions.

Airfare quotes are estimates only and are subject to change.

Certain operators/suppliers quote rates in foreign currencies and as these rates fluctuate relative to the US Dollar, ALL QUOTE PRICES ARE ESTIMATES ONLY.

Refunds & Change Fees
No refunds will be issued for any unused accommodation, tours, activities, meals or services. A $50 per person service fee, in addition to any carrier or Independent Operator penalties, will be charged for any changes requested to air or land arrangements if within 90 days of the departure date or if after a final invoice has been issued.

Gorilla and chimpanzee permits are payable on confirmation itinerary and are non-refundable.

Cancellation Policy

  1. Company will not cancel a tour, holiday or other travel arrangement once the client has paid in full unless it becomes necessary to do so as a result of war, threat of war, civil strife or for any other adverse event beyond the control of Company.
  2. In the event of any cancellation by Company, the Client will be informed as soon as possible and Company will make every reasonable effort to offer suitable and comparable alternatives.
  3. If a client wishes to cancel a tour, holiday or other travel arrangement, the following cancellation fees will apply:

* If a cancellation is made more than 90 days prior to departure, then the Client forfeits their 30% non-refundable deposit.
* If a cancellation is made less than 90 days prior to departure, the Client loses 100% of the total price.

In addition, Clients are subject to any and all cancellation fees imposed on Company by the Independent Operators or their suppliers. These cancellation policies may differ from the above. All cancellations must be in writing, signed by the Client, received and acknowledged by Company.

Infectious Diseases
Should plans for a trip be impacted prior to travel due to infectious disease restrictions, Company will work on behalf of the client to shift all arrangements to new dates. Any monies paid may be credited to new travel dates and arrangements. Clients shall be responsible for any price increases due to change in season (i.e., from low to high season) or changes in park fees, tourism levies, etc.

Insurance
We strongly recommend that you take out fully comprehensive travel insurance to cover any cancellation fees, loss or damage to baggage and personal possessions. It is very important that you take this out at the time of booking, and we would be delighted to quote for you. Although the Company endeavors to ensure that your trip runs as smoothly as possible, not everything is within our control. The safari operators we work with require that all Clients be covered by travel insurance, including emergency medical evacuation coverage. If you decline to purchase travel insurance through Hills of Africa, we will ask that you acknowledge this by signing in the Travel Insurance section.

For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747. For medical information, refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at (404) 332-4565.

Enforceability
If and only to the extent this agreement is not enforceable by a court of competent jurisdiction, any and all disputes, controversies, claims, or demands arising out of or relating to this Agreement or any provision hereof, or in any way relating to the relationship between Hills of Africa Travel and Traveler whether in contract, tort or otherwise, at law or in equity, for damages or any other relief, shall be resolved by binding arbitration pursuant to the Federal Arbitration Act. No claim may be arbitrated on a class action basis, and neither Traveler nor Hills of Africa Travel shall have the right to participate in the arbitration as a representative or member of any class of claimants or any person or entity not a party to this Agreement. Any such arbitration proceeding shall be conducted in Iredell County, North Carolina. In any arbitration the parties shall be responsible for their own costs and expenses of arbitration, including their own attorneys’ fees. This arbitration provision shall be enforceable in either federal or state courts in Iredell County, North Carolina pursuant to the substantive federal laws established by the Federal Arbitration Act. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and any federal or state court in Iredell County, North Carolina having jurisdiction may enter that judgment. Notwithstanding the foregoing, nothing shall prevent either party from seeking temporary injunctive or other equitable relief to maintain the status quo until the matter in controversy is arbitrated or to determine arbitrability or to enforce arbitration hereunder.

HILLS OF AFRICA TRAVEL, INC – RELEASE OF LIABILITY AND ASSUMPTION OF RISK

I understand and agree that during the trek, tour, expedition, or other trip which I am voluntarily participating in under the arrangements of Hills of Africa Travel, Inc. and its agents, employees, associates, affiliated companies, subcontractors, any third party companies or persons engaged in conveying travelers or in carrying out the arrangements of the tour (collectively referred to as “Hills of Africa Travel”), certain risks and dangers may arise, including, but not limited to, acts of God, the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions, the dangers of civil disturbances and war, the forces of nature, dangers and risks inherent in sporting activities, the negligent or reckless acts or omissions of Hills of Africa Travel, travel by boat, automobile, train, ship, aircraft, or other means of conveyance, and accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance.  Hills of Africa Travel shall not be responsible for any injuries (including but not limited to personal injury, wrongful death, or property damage), damages (including but not limited to direct, indirect, incidental, consequential, punitive or exemplary damages) or other losses caused to any traveler in connection with any of the above and/or terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent’s control.  For the avoidance of doubt, this release incorporates any activities that I may arrange on my own and participate in during the trek, tour, expedition, or other trip arranged by Hills of Africa Travel, including, without limitation, shark cage diving, gorilla trekking, bungee jumping and hot-air ballooning.  By my signature I agree and assume complete and full responsibility for, and hereby releases the agent from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. 

In consideration of, and as a part of the payment for, the right to participate in such treks, tours, expeditions, or other activities and as a part of the payment for, the services arranged for me by Hills of Africa Travel, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of Hills of Africa Travel, Inc. its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE, INDEMNIFY AND HOLD Hills of Africa Travel HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by Hills of Africa Travel. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT Hills of Africa Travel, Inc., HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT.

I acknowledge that in calculating the cost of the tour or trip, Hills of Africa Travel has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, Hills of Africa Travel would be unable to offer these services.